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Home My WebLink AboutAgenda Report - November 16, 2011 C-10AGENDA ITEM C4010 (1) CITY OF LODI COUNCIL1 AGENDA TITLE: Adopt ResolutionAuthorizing City Managerto ExecuteThird Supplemental Agreement to Pixley Park Property Exchange Agreement and Improvement Agreement with GFLIP III, L. P., to Provide Time Extension MEETING DATE: PREPARED BY: November 16,2011 Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Managerto execute Third Supplemental Agreement to Pixley Park Property Exchange Agreement and ImprovementAgreement with GFLIP III, L. P., to provide time extension. BACKGROUND INFORMATION: The City and the developer, GFLIP III, L. P. ,entered into a land exchange agreement in December2004 (Resolution No. 2004-248) per City Council's direction. As shown on ExhibitsA and B, the land exchange agreement adjusts the property lines to reconfigurethe Pixley Park C -Basin to allow development of the park site per the approved Pixley Park Conceptual Plan. As part of the land exchange agreement, the developer agreed to construct all the required frontage improvements fronting the proposed park site on Auto Center Drive and to excavate the basin to conform to the final grading of the future park layout. The executed agreement gave the developer until December 2007 to complete the obligations of the agreement. The developer entered into a SupplementalAgreement with the City on January 23, 2008, and a Second Supplemental Agreement on November 16, 2009 to extend the completion of the basin excavation to December 2011, due to problems with the ability of the developer's contractorto move and sell the excavated soil. The developer's contractor has completed the majority of the public improvements and has excavated half of the basin. Due to the current economic climate, the grading of the basin will not be completed by the agreed upon date. The developer's contractor anticipated being able to sell dirt to be used as fill on other projects. These projects have not materialized as expected. The developer is requesting to extend the completion date of the improvement agreement and the original land exchange agreementto December 31, 2014, to complete all the required improvements and grading of the park site. Since the City does not currently have funds to construct the proposed features at the park site, staff supports an extension to the completion date of the basin excavation and land exchange. The developer has executed the Third Supplemental Agreement and paid the document preparation fees. APPROVED: Konradt Bartlam; City Manager K:\WP\PROJECTS\PARKS\Pixley(C-Basin)\CC Addenda 3.doc 10/1112011 Adopt Resolution Authorizing City Managerto Execute Third Supplemental Agreement to Pixley Park Property Exchange Agreement and Improvement Agreement with GFLIP III, L. P., to Provide Time Extension November 16,201 1 Page 2 FISCAL IMPACT: There will be no direct fiscal impact on the extension of the basin excavation and land exchange completion date. The developer/contractor is responsible for the basin maintenance during the extension period; hence, the City's part of the maintenance cost will be reduced. FUNDING AVAILABLE: Not applicable. F. Wally Saidelin Public Works Director Prepared by Lyman Chang, Senior Civil Engineer FWS/LC/pmf Attachments cc: GFLIP 111, L. P. Park Superintendent Deputy Public Works Director— Utilities Senior Civil Engineer K:\WP\PROJECTS\PARKS\Pixley(C-Basin)\CC Addenda Moo 10/11/2011 ..... . . . . . CITY OF LODI PUBLICWORKS DEPARTMENT VINE STREET ..9120VAYARNI ---------- EXHIBITA EXISTING LOT LINES CITY OF LODI 27 ± ACRES 7 :7::qb, vs KMLEFM L"' CITY OF LODI PUB L I CWORKS DEPART ME NT EXHIBIT B PROPOSED PROPERTY LINES RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: City Clerk ) City of Lodi, City Hall ) 221 Pine Street ) Lodi, CA 95241 ) APN: 049-250-72 (Space Above for Recorder's Use Only) THIRD SUPPLEMENTAL AGREEMENT to the PIXLEY PARK PROPERTY EXCHANGE AGREEMENT AND IMPROVEMENT AGREEMENT This Third Supplemental Agreement to the Pixley Park Property Exchange Agreement and the Improvement Agreement for The Public Improvements of Pixley Park Site Grading ("Third Supplemental Agreement") is made and entered into this day of ,2011, by and between the City of Lodi, a municipal corporation ("CITY") and GFLIP III, L. P., a California Limited Partnership ("DEVELOPER"), (collectively the "Parties") RECITALS: WHEREAS, the Parties entered into the Pixley Park Property Exchange Agreement, dated November 29, 2004 ("Exchange Agreement"), to address the responsibilities of CITY and DEVELOPER for the Pixley Park property exchange; and WHEREAS, the Parties have entered into the Addendum to the Pixley Park Property Exchange Agreement dated March 29, 2006 ("Addendum to Exchange Agreement"), to address the grading of the Pixley Park Site (described more fully in Item No. 2 of the Addendum to the Exchange Agreement); and WHEREAS, the Parties have entered into an Improvement Agreement for the Public Improvements of Pixley Park Site Grading ("Improvement Agreement"), to address public improvements and grading of the Pixley Park Site; and WHEREAS, the Parties have entered into a Supplemental Agreement to the Pixley Park Property Exchange Agreement and Improvement Agreement ("Supplemental Agreement") dated January 23, 2008, to extend the basin excavation and the land exchange completion date to December 31,2009; and WHEREAS, the Parties have entered into a Second Supplemental Agreement to the Pixley Park Property Exchange Agreement and Improvement Agreement ("2nd Supplemental Agreement") dated November 16, 2009, to extend the basin excavation and the land exchange completion date to December 31, 2011; and WHEREAS, DEVELOPER desires to extend the terms of the Exchange Agreement and Improvement Agreement to allow additional time for the basin excavation at the Pixley Park Site. NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, it is hereby agreed by and between the Parties as follows: K:\WP\PROJECTS\PARKS\Pixley(C-Basin)\SuppAgrRePixleyPark (3).doc 1. This Third Supplemental Agreement supplements the Exchange Agreement, Addendum to Exchange Agreement, the Improvement Agreement, Supplemental Agreement, and 2nd Supplemental Agreement previously executed by the Parties. 2. The Parties agree to extend the completion date of the required improvements and property exchange as set forth in the various agreements entered into by the parties and described in paragraph 1 above, to and including December 31, 2014. 3. DEVELOPER shall provide and keep current the necessary securities and insurance as specified in the Exchange Agreement, Addendum to Exchange Agreement and Improvement Agreement. 4. All other terms and conditions of the Exchange Agreement, Addendum to Exchange Agreement Improvement Agreement, Supplemental Agreement, and the 2nd Supplemental Agreement shall remain unchanged, except as modified hereinabove. 5. DEVELOPER agrees to pay all additional costs for preparation and execution of this Third Supplemental Agreement. 6. This Third Supplemental Agreement shall run with the land and be binding on the DEVELOPER, its heirs, successors or assigns. 7. A copy of this Third Supplemental Agreement shall be recorded in the office of the San Joaquin County Records, P. O. Box 1968, Stockton, California, 95201-1968. 8. Any notice required to be given by the terms of this Third Supplemental Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or in three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: Notices required to be given to CITY shall be addressed as follows F Wally Sandelin Public Works Director City of Lodi P O Box3006 Lodi, CA 95240-1910 Notices required to be given to DEVELOPER shall be addressed as follows GFLIP III L P, a California Limited Partnership f K:\WP\PROJECTS\PARKS\Pixley(C-Basin)\SuppAgrRePixleyPark (3).doc IN WITNESS WHEREOF, the Parties hereto have set their hands the day, month and year appearing opposite their names. Dated: 2011 CITY OF LODI, a municipal corporation Attest: By:. Konradt Bartlam, City Manager Randi Johl, City Clerk CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC STATE OF CALIFORNIA, ) COUNTY OF SAN JOAQUIN ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Signature of Notary Public) Seal GFLIF Dated: �c_112 2011 U ' CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN �� (� before me, _�'�tT[jSHNPk �`urnP;i personally appeared ,Alrzyl personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(/) whose name(j) is/are subscribed to the within instrument and acknowledged to me that he/sloe/tkey executed the same in his/k*r/ike+r authorized capacity(ies), and that by his/ber/t.bek signature(y) on the instrument the person(), or the entity upon behalf of which the person($), acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES hand and official seal. () JYOTISNNA KUMAR ure otary Public) Cornrnl8sion #E 1882515 ( e of Notary Public) Sealo Notary Public - California San Joaquin County Approved �tom: M Comm. Ex iraa Mu f2 2014 n Schwadauer City Attorney K:\WP\PROJECTS\PARKS\Pixley(C-Basin)\SuppAgrRePixleyPark (3).doc RESOLUTION NO. 2011-179 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THIRD SUPPLEMENTAL AGREEMENT TO PIXLEY PARK PROPERTY EXCHANGE AGREEMENT AND IMPROVEMENT AGREEMENT WHEREAS, the City of Lodi and the developer, GFLIP III, L. P., entered into a land exchange agreement in December 2004 to reconfigure the Pixley Park C -Basin to allow development of the park site per the approved Pixley Park Conceptual Plan. As part of the land exchange agreement, the developer agreed to construct all the required frontage improvements fronting the proposed park site on Auto Center Drive and to excavate the basin to conform to the final grading of the future park layout. The executed agreement gave the developer until December 2007 to complete the obligations of the agreement; and WHEREAS, the developer entered into a Supplemental Agreement with the City on January 23, 2008, and a Second Supplemental Agreement on November 16, 2009, to extend the completion of the basin excavation to December 2009 and December 2011, respectively, due to difficulties in moving and selling the excavated soil; and WHEREAS, the developer requested to extend the completion date of the improvement agreement and the original land exchange agreement to allow extra time to complete all the required improvements and grading of the park site. Since the City does not currently have funds to construct the proposed features at the park site, staff supports an extension to the completion date of the basin excavation and land exchange to December 31, 2014; and WHEREAS, the developer has executed the Supplemental Agreement and has paid the required document preparation fees. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Third Supplemental Agreement to the Pixley Park Property Exchange Agreement and ImprovementAgreement with GFLIP III, L. P.; and BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to execute the agreement on behalf of the City. Dated: November 16,2011 ------ -- - - -- ----- — --------- ---_---_-___------ ----------- I hereby certify that Resolution No. 2011-179 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 j&r RANDIJOHL City Clerk 2011-179 CITY COUNCIL BOBJOHNSON, Mayor JOANNE L. MOUNCE, Mayor Pro Tempore LARRY D. HANSEN PHIL KATZAKIAN ALAN NAKANISHI GFLIP III, L. P. Daryl Geweke 1139 E. Kettleman Lane Lodi, CA 95240 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 htt p :\\www . lod i .g ov November 10, 2011 KONRADT BARTLAM City Manager RANDI JOHL City Clerk D. STEVEN SCHWABAUER City Attorney F. WALLY SANDELIN Public Works Director SUBJECT: Adopt Resolution Authorizing City Manager to Execute Third Supplemental Agreement to Pixley Park Property Exchange Agreement and Improvement Agreement with GFLIP III, L. P., to Provide Time Extension 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 letterto 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 prior to 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 Lyman Chang, Senior Civil Engineer, at (209) 333-6800, extension 2665. Y�' 10&44G F. Wally Sandelin Public Works Director FWS/pmf Enclosure cc: City Clerk NCC -ADDENDA 3.DOC