HomeMy WebLinkAboutAgenda Report - February 18, 1981 (35)council was apprised that approximately one
year ago, Mr. Don L. Carpenter filed a parcel
map with one of the conditions being the improve-
ment of Church Street adjacent thereto. Mr.
Carpenter placed a bond with the City guarantee-
ing these improvements with the expectation
that the property in the general area would be
improved during the summer of 1960. The Lodi
South Subdivision did not materialize, nor did
the improvement of any other property in the area.
If Mr. Carpenter installed curb and gutter, it
would riot only be expensive, but would create
a drainage problem. For these reasons, Staff
recommended that Mr. Carpenter be allowed to
enter into an agreement with the City
guaranteeing the .improvements without bond,
similar to several other agreements approved
recently where development of one parcel was
not deemed in the best interest of the City.
AGREEMENT - 1904 COUNCIL APPROVED AN AGREEMENT BETWEEN THE CITY
S. CHURCH STREET, OF LODI AND DON L. CA .7 E;N 1'I;R FOR THE IMPROVEMENT
LODI APPROVED OF HIS PARCEL AT 1904 Sr. CHURCH STREET AND AUTHORIZED
THE CITY MANAGER AND C-ITY CLERK TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
i .
PUBLIC: WORKS DEPARTMENT e
TO: City Council
FROM: City manager
DATE: February 13, 1981
SUBJECT: 190+ S. Church Street
RECOMMENDED ACTION: That the City Council approve an agreement between the
City of Lodi and Don L. Carpenter for the improvement of his parcel at 1904
S. Church Street and authorize the City Manager and City Clerk to execute
it for the City.
BACKG°vUND INFORMATION: Approximately one year ago, Por. Carpenter filed a
parc.-1 map with one of the conditions being the improvement of Church Street
adjacent thereto. Mr. Carpenter placed a bond with the City guaranteeing
these improvements with the expectation that the property in the general
area would be improved during the summer of 1980. The Lodi South subdivision
did not materialize, nor did the improvement of any other property in tine
area. If Mr. Carpenter installed curb and gutter, it would not only be
expensive, but would create a drainage problem.
For these reasons, we are recon -mending that Mr. Carpenter be allowed to
enter into an agreement with the City guaranteeing the improvements with-
out bond, similar to several other agreements approved recently where
development of one parcel was not deemed in the best interests of the City.
A copy of t agreement is attached.
CA
k L. Ronsko
is Works Director
t
JLR:GER:dw
APPROVED:
HENRY A. GLAVES, City Kanager
FILE NO.
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tiMcd0t.c of execution of this
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?)}aa{y'ro w o " 8r9 event ti7at the ill rDVE:mI°Pit"'D 'asfart tt_::in ibis"agre:c"
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me -n at�d flo$ installed'up�is'demand of CBty'or"within,three years
of the date cif the 'execution of ` this Agreement, City Is here
,the
by augho:
rix ed to install said faciiiLies and. may file suit against
Pevelop,er, its heirs successors and assigns for the cost, incurred
as; wet# 'as Far attorney®s' fees incitrrd tPt connection with such
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lit igat i'on nd,For the collection of the monies dueo
.o.
Develaper agrees that i the"even t of 'the :sale."of all or:any
portion of the parcal, $hat the purch��sar shall be given
co of e h i s' a reenlen t r
py yn" so that purchaser will be apprised'
of the-ir obllgattans and're sponsBbliites. hereunder
and a statement'tn that effect shall be detiVered to City at
thc:.time of the nsc� of 'e�scr�r.
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nth parties 'agree to the recardfng of this: Agreement with tfits ;r
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San Joaqu y o g eement shall be binding Y`
i n Count itccorder T. s a r
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uppq the heirs, successors and assigns of the parties hereto.a
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All no$ices hcreir� required, hill Pie in writing; and delivered , ,R%
in,: persan or; xunt ,P)y r g tstiyredrs.7i 1, postage pre=paid r
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IN WITNESS WHEREOF, the parties hereto have set their hands the date
and year first hcreinabove written.
Approved by action of the City Council of the City of Lodi on
Cliff° OF LODI, a municipal corporation
By
q my A. Glaves, City Manager
Attest o
Alice M. Reimche, City Clerk
DEVEL PER
By: AA
Don L. Carpent r