HomeMy WebLinkAboutAgenda Report - May 6, 1981 (48)CITY COUNCIL MEETING
May 6, 1981
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DEVELOPMENT COUNCIL APPROVED THE DEVELOPMENT AGREEMENT FOR
AGREEMENT 330 N. CLUFF AVENUE AND AUTHORIZED THE CITY
FOR 330 N. CLUFF MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT
AVENUE APPROVED ON BEHALF OF THE CITY.
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CITY CSF LODI
PUBLIC WORKS DEPARTMENT
TO: City Council
FROM: City Manager
DATE: April 29, 1981
COUNCIL COMMUNICATION
SUBJECT: Development Agreement for 330 N. Cluff Avenue
RECOMMENDED ACTION: That the City Council approve the Development Agreement
and direct the City Manager and City Clerk to sign on behalf of the City.
BACKGROUND INFORMATION: ASA Investments, Inc., the Owners/developers of the
property at 330 N. Clu f Ave. have applied for a building permit. City Code
requires that the off-site improvements be installed in conjunction with the
on-site improvements and that they be completed before occupancy of the
buildings.
However, since the area is being planned for development by Assessment District,
it appears that the owner should have this option for development. The agree—
ment is that developer will install the required improvements prior to occu-
pancy, either by Assessment District or on his own if the District should iail
to proceed with the work, and it is recommended that the agreement be apprcved.
This is similar to the agreement the City has entered into with California Waste
Disposal Inc
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Ja L. Ronsko
Pub is Works Director
Jtneeh
APPROVED:
HENRY A. GLAVES, City Manager
FILE NO.
Z --
DEVELOPMENT
AGREEMENT
for ;he
IMPROVEMENT
of
330 N. Cluff Ave.
BY ASSESSMENT
U
THIS AGREEMENT is made and entered into by and between the CITY OF LODI,
hereinafter referred to as "City," and ASA INVESTMENTS, a partnership, htre-
inafter referred to as "Developer."
RECITALS:
WHEREAS, Developer is the owner of that certain real property situated in
t° the City of Lodi County of San Joaquin, State of California, described as
fol tails:
A portion of Lot three (3) of EDDLEMAN TRACT, according to the Official Map
thereof filed for record in Vol. 1 of Maps, page 26, San Joaquin County
Records, described as follows:
COMMENCING at an iron rod at the Northwest corner of said Lot three (3),
also being a point In the Fast line of Cluff Avenue thence South 0° 38'
West along the East line of said Cluff Avenue a distance of 17.-00 feet to
the true point of beginning of the herein des ri`bcd parcel of land;- thence
South 88" 18' East a distance of 220.00 feet to the Northwest corner of that
West line of said Lot three (3) a distance of 296.27 feet to the true point
of beginning.
Also known as 330 N. Cluff Avenue, and
WHEREAS, Developer has reque:ted is -Mance of a huilcling permit prior to
the construction and conpletion of improvements required pursuant to Article 5,
Chapter 5 of the Lodi City Code, which improvements include all streets, high-
ways or public ways and public utility facitities which are a part of, or
appurtenant to, the on-site development, all in accordance with, and as required
jby, the plans and for all or any of said improvements in, appurtenant to, or
s outside the limits of development, and
NOW, THEREFORE, in order to in�.ure %at i,.factory performance by Developer
of Developer's obligations purstiatit to Article 5, Chapter 5 of the Lodi City
Code, ahte parties agree as fel)(,w,::
1. Performance of Wort, by 1)4-ve1iij>A-r: Di-veloper will tic) and perform, or
cause to be done and performed .it Developer's expense, in a goodand
certain parcel of land conveyed
to Clifford T.
Davis,
Jr., et. ux, by Instru-
_t,
trent recorded March 1. 1976 in
Book 4090 of Official
Records, page 486, San
�,
Joaquin County Records; thence
South 2"01'59"
West
along the West line of
said Davis property a distance
of 307.59 feet;
thence
North 85°14'3x" West
Q,
213..00 feet to a point in the West line of said
Lot
three (3), also being
in the East line of said Cluff
Avenue; thence
North
0°38' East along the
West line of said Lot three (3) a distance of 296.27 feet to the true point
of beginning.
Also known as 330 N. Cluff Avenue, and
WHEREAS, Developer has reque:ted is -Mance of a huilcling permit prior to
the construction and conpletion of improvements required pursuant to Article 5,
Chapter 5 of the Lodi City Code, which improvements include all streets, high-
ways or public ways and public utility facitities which are a part of, or
appurtenant to, the on-site development, all in accordance with, and as required
jby, the plans and for all or any of said improvements in, appurtenant to, or
s outside the limits of development, and
NOW, THEREFORE, in order to in�.ure %at i,.factory performance by Developer
of Developer's obligations purstiatit to Article 5, Chapter 5 of the Lodi City
Code, ahte parties agree as fel)(,w,::
1. Performance of Wort, by 1)4-ve1iij>A-r: Di-veloper will tic) and perform, or
cause to be done and performed .it Developer's expense, in a goodand
z4, .
workmanlike manner, all of the work and improvements normal to develop-
ment with the City of Lodi, as required by City, under the direction an4
to the satisfaction of the Public Works Director. Said items to be con-
structed or installed as part of an assessment district currently being
formed.
2. Building Permit lsst:rance: Subject to requirements of the Community
Development Department, City will approve issuance of a building permit
on subject property.
3. Failure of Assessment District to Form: Should the assessment district
fail to award the bids or sell the bonds for the work by July 1, 1981,
Developer shall by August 1, 1981, pay all required fees, enter into
appropriate development agreement, post the necessary insurance and gua=rantee,
and provide all other standard development items for the installation of all
necessary improvements.
4. Building Occupancy: The City will not allow occupancy of any building
or structure within the development until all offsite development Improve-
ments have been approved and accepted by the Public Works Department. If
buildings are started prier to acceptance of the development improvements,
it is the Developer's responsibility to inform all prospective purchasers
that occupancy will not be permitted until said improvements are so accepted.
5. Recording: Both parties agree to the recording of this agreement.
6. Breach of Contract: In thu event either party hereto breaches the
terms, conditions and covenants of this Aqreement, then the party prevailing
In any suit to enforce the Ag.recment or to restrain the breach thereof, shall
In addition to any other relief or damages awarded, be entitled to a rea-
sonable attorney's fee and all costs of suit to be set and determined by
any court of competent jurisdiction and added to any judgment obtained.
7. Binding Nature of Agreement: This agreement is binding on the heirs,
executors, administrators, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year hereinabove written.
CITY OF LODI, a municipal corporation
City Mapager
Attest:
City Geek
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ASA INVESTMENTS, a partnership