HomeMy WebLinkAboutAgenda Report - November 16, 2011 C-09AGENDA ITEM Coo
&% CITY OF LODI
,. COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Improvement Deferral
Agreement for 27 East Locust Street
MEETING DATE: November 16,2011
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Managerto execute Improvement
Deferral Agreement for 27 East Locust Street.
BACKGROUND INFORMATION: Olde Ice House Cellars, LLC (Owner) has submitted a building
permit application to allow tenant improvements to an existing
building located at 27 East Locust Street. As a condition of the
building permit (1311-1089), the construction of public improvements is required.
The required public improvements along Locust Street and Main Street include the installation 125 feet of
concrete sidewalks, 120feet of concrete curb and gutter, a curb return, a commercial driveway, 30 feet of
12 -inch storm drain pipe, and the replacement/installation of 2,615 square feet of asphalt concrete
(ExhibitA). Owner has requested that the required improvements be deferred due to the extra cost to
the project. The improvements are not needed at this time because the improvementswould create a
lack of continuity throughout Main Street.
Owner has executed an Improvement Deferral Agreement and paid the necessary document preparation
and recording fees for the agreement. The agreement also states that the owner agrees to pay for and
complete the design and installation of the required improvements on Locust Street and Main Street in
accordance with City Standards, including payment of engineering and other applicable City fees, at the
time of the widening of Main Street, or at the -request of the City, whichever occurs first.
Staff recommends approval of the Improvement Deferral Agreement.
FISCAL IMPACT: None.
FUNDING AVAILABLE: Property owner funding prior to construction.
Prepared by Chris Boyer, Junior Engineer
FWS/CRB/pmf
Attachment
cc: Senior Civil Engineer Chang
Olde Ice House Cellars, LLC
APPROVED
K:\WP\DEV SERV\CC ImpDefAgmt_27 E LocustSt.doc
F. Wally Sandelin
PublicWorks Director
Konradt Bartlam, City Manager
11/07/2011
City of Lodi
Publics Works Department
Development: 27 East Locust Street
Developer:
Engineer:
TOTAL COST OF PROJECT IMPROVEMENTS
Item Description
Total Construction Cost
Engineering & Administration (10% of Construction Costs)
Contingencies (10% of Construction Costs)
TOTAL COST
Exhibit A
IMPROVEMENT COST
ESTIMATE FOR
IMPROVEMENTS
Acres:
Date: 10/5/11
Quantity
Street System
1
Vertical Curb and Gutter
2
Sidewalk (1)
3
Curb Return, including Handicap Ramp
4
Concrete Subgrade Compaction
5
Side Inlet Catch Basin
6
12" Storm Drain Pipe (RCP)
7
Aggregate Base, Class 11 (0.50')
8
Asphalt Concrete, Type B (0.30')
9
Compact Original Ground (0.50')
10
Remove Existing Pavement
11
Street Name Sign & Post
6
Commercial Driveway (32' wide)
Total Construction Cost
Engineering & Administration (10% of Construction Costs)
Contingencies (10% of Construction Costs)
TOTAL COST
Exhibit A
IMPROVEMENT COST
ESTIMATE FOR
IMPROVEMENTS
Acres:
Date: 10/5/11
Quantity
Unit
Price
Total
Quantity
Total
120
LF
25.00
3,000.00
120
3,000.00
1,875
SF
6.00
11,250.00
1,875
11,250.00
1
EA
15,000.00
15,000.00
1
15,000.00
1,875
SF
3.00
5,625.00
1,875
5,625.00
1
EA
2,272.00
2,272.00
1
2,272.00
30
LF
40.00
1,200.00
30
1,200.00
2,615
SF
0.90
2,353.50
2,615
2,353.50
2,615
SF
2.00
5,230.00
2,615
5,230.00
2,615
SF
0.20
523.00
2,615
523.00
2,615
SF
7.00
18,305.00
2,615
18,305.00
1
EA
511.00
511.00
1
511.00
1
EA
3,000.00
3,000.00
1
3,000.00
Subtotal
$65,269.50
>ubtotal
$68,269.50
1. Assumes replacing sidewalk along Locust Street and Main Street.
K:\DEV_SERV\Developments\Commercial-Industrial\27 E. Locust St\Improvement_Cost_Estimate - 27 E. Locust St - 8-25-11.)ds
$68,269.50
$6,826.95
$6,826.95
A. Total $81,923.40
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT DEFERRAL AGREEMENT
27 East Locust Street, Lodi, California
(APN 043-081-03)
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City" and Olde Ice House Cellars, LLC, a California Limited Liability Company,
hereinafter referred to as "Owner".
RECITALS:
Owner is the owner of that certain real property situated in the City of Lodi, County of San
Joaquin, known as 27 East Locust Street (APN 043-081-03) and described as follows:
Lots 5 and 6 in Block 22 in the City of Lodi, as per Map filed in Book 2 of Maps and
Plats, page 12, San Joaquin County Records.
Building application (B 11-1089) has been submitted to allow a tenant improvement to an
existing building on the subject property. Installation of public improvements along Locust
Street and Main Street are required as a condition of permit issuance in accordance with existing
City ordinances and policies regarding off-site improvements as set forth in Title 15, Chapter
15.44 of the Lodi Municipal Code. Required improvements include, but are not limited to, the
installation 125 -feet of concrete sidewalks, 120 -feet of concrete curb, gutter, a curb return, a
commercial driveway, 30 -feet of 12 -inch storm drain pipe and the replacement/installment of
2,615 square feet of asphalt concrete. Owner is desirous of complying with existing City
ordinances and policies regarding off-site improvements. Owner has requested that the
improvements on Locust Street and Main Street be deferred.
Council of the City will approve the deferral of the required Locust Street and Main Street
improvements on condition that the Owner first enters into and execute this agreement with City.
NOW THEREFORE, in order to insure satisfactory performance by Owner of Owner's
obligations under said City Code, the parties agree as follows:
1. Owner agrees to pay for and complete the design and installation of the required
improvements on Locust Street and Main Street in accordance with City Standards, including
payment for engineering and other applicable City fees, at the time of the widening of Main
Street, or at the request of the City, whichever occurs first.
2. Owner agrees to undertake the design and construction of the required improvements within
30 days after written notice is given by the City, subject to Item 41 above, and will complete
the required improvements within 120 days from the date of notice.
KADEV_SERV\Deferral agreements\27 E. Locust St.doc
3. This agreement shall run with the land and be binding on the Owner, its heirs, successors or
assigns.
If Owner fails to complete the required improvements, or make the fee payments as required
by Item # 1 of this Agreement within the time period specified in Item 42 above, the City
shall be entitled, at its election, to either 1) file suit against Owner, its heirs, successors or
assigns, for the full value of the improvements at the time period specific in Item #2 above
plus attorney fees, or 2) complete the improvements at the expense of Owner, and file suit
against Owner, its heirs, successors or assigns for the costs incurred, plus attorney fees. In
either case, the City shall be entitled to file a lien against said property for the full value of
the improvement costs.
5. A copy of the Agreement shall be recorded in the office of the San Joaquin County Records,
P. O. Box 1968, Stockton, California 95201-1.968.
6. All notices herein required shall be in writing, and delivered in person or sent by registered
mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
F. Wally Sandelin
Public Works Director
City of Lodi
P. O. Box 3006
Lodi, CA 95240-1910
Notices required to be given to Owner shall be addressed as follows:
Olde Ice House Cellars, LLC
1620 Edgewood Drive
Lodi, CA 95240
KADEV_SERV\Deferral agreements\27 E. Locust St.doc
IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year
appearing opposite their names.
CITY OF LODI, a Municipal Corporation
Dated: 2011 By:
Konradt Bartlam, City Manager
Attest:
Randi Johl, City Clerk
Dated: 10-6-11 2011
Approved as to form:
Dated:
D. Stephen Schwabauer
City Attorney
2011
K\DEV_SEMDeferral agreements\27 E. Locust St.doe
Olde Ice House Cellars, LLC, a California
Limited Liability Company
50
City of Lodi
Publics Works Department
Development: 27 East Locust Street
Developer:
Engineer:
TOTAL COST OF PROJECT IMPROVEMENTS
IMPROVEMENT COST
ESTIMATE FOR
IMPROVEMENTS
Acres:
Date: 10/5/11
Item
Description
Quantitv
Unit
Price
Total
Quantity
Total
Street System
1
Vertical Curb and Gutter
120
LF
25.00
3,000.00
120
3,000.00
2
Sidewalk 11)
1,875
SF
6.00
11,250.00
1,875
11,250.00
3
Curb Return, including Handicap Ramp
1
EA
15,000.00
15,000.00
1
15,000.00
4
Concrete Subgrade Compaction
1,875
SF
3.00
5,625.00
1,875
5,625.00
5
Side Inlet Catch Basin
1
EA
2,272.00
2,272.00
1
2,272.00
6
12" Storm Drain Pipe (RCP)
30
LF
40.00
1,200.00
30
1,200.00
7
Aggregate Base, Class 11 (0.50')
2,615
SF
0.90
2,353.50
2,615
2,353.50
8
Asphalt Concrete, Type B (0.30')
2,615
SF
2.00
5,230.00
2,615
5,230.00
9
Compact Original Ground (0.50')
2,615
SF
0.20
523.00
2,615
523.00
10
Remove Existing Pavement
2,615
SF
7.00
18,305.00
2,615
18,305.00
11
Street Name Sign & Post
1
EA
511.00
511.00
1
511.00
6
Commercial Driveway (32' wide)
1
EA
3,000.00
3,000.00
1
3,000.00
Subtotal
$65,269.50
>ubtotal
$68,269.50
Total Construction Cost
$68,269.50
Engineering &
Administration (10% of Construction Costs)
$6,826.95
Contingencies
(10% of Construction Costs)
$6,826.95
TOTAL COST
A. Total
$81,923.40
1. Assumes replacing sidewalk along Locust Street and Main Street
K:\DEV_SERV\Developments\Commercial-Industrial\27 E. Locust St\Improvement_Cost_Esti mate - 27 E. Locust St - 8-25-11.xis
ACKNOWLEDGMENT
State of Califernia
County of
On before me,—W-� 1----------------------
---qclsa��meand title of the officer)
personally appeared ---U LLKir_j-L)-L►_�1�- -- =-----------------------------
who proved to me on the basis of satisfactory evidence to be the personfs�whose nams(e&efe-
subscribed to the within instrument and acknowledged to me that(fi&sf ey-executed the same in
Cii /`• Othc r-authorizedcapacityeee-), and that bN(b3 �r signature,(a - n the instrumentthe
persoP4or the entity upon behalf of which the person(s}- cted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
• ••••.u, 'JUML
WITNESS my hand and official seal. Co"�s"'Iffs
ion # 1814258
No
Co"Solon c • Csptomis
$an Joquin County
MM Comm. F 8s 27, 20
Signature__ ___, (Seal)
RESOLUTION NO. 2011-178
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING IMPROVEMENT DEFERRALAGREEMENT
WITH OLDE ICE HOUSE CELLARS, LLC, FOR
27 EAST LOCUST STREET
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the Improvement Deferral Agreement betweenthe City of Lodi and the Olde Ice
House Cellars, LLC, for installation of public improvements for the facility located at
27 East Locust Street; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
execute the agreement on behalf of the City of Lodi.
Dated: November 16, 2011
I hereby certify that Resolution No. 2011-178 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held November 16, 2011, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Nakanishi, and
Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS— None
&JOHL
City Clerk
2011-178
CITY COUNCIL
BOBJOHNSON, Mayor
JOANNE L. MOUNCE,
Mayor Pro Tempore
LARRY D. HANSEN
P H I L KATZAKIAN
ALAN NAKANISHI
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
November 10,2011
Olde Ice House Cellars, Inc.
1620 Edgewood Drive
Lodi, CA 95240
KONRADT BARTLAM
City Manager
RANDI JOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
F. WALLY SANDELIN
Public Works Director
SUBJECT: Adopt ResolutionAuthorizing City Managerto Execute Improvement
Deferral Agreement for 27 East Locust Street
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, November 16,2011. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand-deliverthe letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately priorto the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Randi Johl, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Chris Boyer, Junior Engineer,
at (209) 333-6800, extension 3321.
F. Wally Sandelin
r ' Public Works Director
FWS/pmf
Enclosure
cc: City Clerk
NCC_IMPDEFAGMT_27 E LOCUSTST.DOC