HomeMy WebLinkAboutAgenda Report - July 17, 2013 C-094001AGENDA ITEM C
CITY OF LODI
(1)
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Storm Drain Impact
Mitigation Fee One -Time Reimbursement Agreement with Temple Baptist Church
of Lodi and Appropriating Funds ($122,282.82)
MEETING DATE: July 17, 2013
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Storm Drain
Impact Mitigation Fee One -Time Reimbursement Agreement with
Temple Baptist Church of Lodi and appropriating funds in the
amount of $122,282.82.
BACKGROUND INFORMATION: At the time of approval of the Temple Baptist Church (Owner)
master development plan and the phase one construction project in
1978, there were no City -owned storm drainage facilities in the area,
and private onsite storm drainage facilities were constructed to serve the project. These facilities consist
of storm drainage conveyance piping and a storm drainage retention basin. It has been confirmed that
the private onsite storm drainage facilities have sufficient capacity to serve all existing and future phases
of the master development plan.
In August 2012, the City Council adopted the updated Impact Mitigation Fee Program (Program) wherein
no storm drainage impact fee was established for the Church property yet to be developed. An option
was preserved in the Program for the Owner to permanently utilize the private onsite storm drainage
facilities and be refunded the storm drainage mitigation fees paid to date amounting to $122,282.82. The
reimbursement funds were set aside in the Program for reimbursement to this Owner and several others.
The Owner is constructing a new education building that would normally be required to pay storm
drainage impact mitigation fees. Instead, the Owner has selected the option to remove their property
from the City's storm drainage service area and receive reimbursement, without interest, of the fees paid
to date. The Storm Drainage Impact Mitigation Fee One -Time Reimbursement Agreement attached as
Exhibit A covers the reimbursement and the maintenance in perpetuity of the private onsite storm
drainage facilities.
FISCAL IMPACT: Slight reduction in future storm drainage facility maintenance costs for
facilities planned for future construction.
FUNDING AVAILABLE: Requested Appropriation:
Storm Drain Impgct Mitigation Fees (175) - $122,282.82
FWS/pmf
Attachment
Jordan Ayers
Deputy City Manager/Internal Services Director
F. Wally 8-andelin
Public Works Director
Konradt Bartlam, City Manager
K:\WP\DEV SERV\CTempleBaptistRA.doc 7/8/2013
Exhibit A
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
STORM DRAIN IMPACT MITIGATION FEE ONE-TIME
REIMBURSEMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF LODI,
hereinafter referred to as "City" and TEMPLE BAPTIST CHURCH OF LODI, 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 801 S, Lower Sacramento Road, situs address: 2649 West Vine Street,
(APN 027-400-12) and described as follows:
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE
OF CALIFORNIA, COUNTY OF SAN JOAQUIN, CITY OF LODI,
AND IS DESCRIBED AS FOLLOWS:
THE SOUTH ONE-HALF OF THE NORTHWEST QUARTER OF
SECTION 10, TOWNSHIP 3 NORTH, RANGE 6 EAST, MOUNT
DIABLO BASE AND MERIDIAN, SAN JOAQUIN COUNTY,
EXCEPT THE WEST 1692 FEET THEREOF.
WHEREAS, at the time of initial approval of development project known as 801 S. Lower
Sacramento Road within the Property described herein, the City required the project to employ
on-site storm drainage runoff control measures to serve the development project until such time
City -owned storm drainage facilities were constructed; and
WHEREAS, the Owner has constructed storm drainage retention facilities conforming to
City Design Standards having capacity to serve the entire development; and
WHEREAS, the Owner has constructed individual phases of the project conforming to
the approved Use Permit U-94-18 Phased Development Plan and the Owner has paid Storm
Drainage Impact Mitigation Fees at the time of development of each phase in the total amount
of $122,282.82; and
WHEREAS, the City Council adopted in August 2012 the Impact Mitigation Fee Program
wherein no fee was established for the area in which said development project is located on the
premise the required facilities would be constructed and funded by property owners served by
the facilities; and
WHEREAS, the Owner has opted to permanently provide the development project's
storm drainage service using the private onsite storm drainage retention facilities and no longer
participate in funding, through the Impact Mitigation Fee Program, the City -owned facilities and
BE
accept a one-time reimbursement of the fees paid without interest in the amount of
$122,282.82.
NOW THEREFORE, it is mutually stipulated and agreed as follows:
1. Owner shall use its best efforts to diligently maintain the private storm drainage facilities in a
manner assuring peak performance at all times.
2. In the event Owner, or its successors or assigns, fails to commence the necessary
maintenance contemplated by this Agreement, within 30 days of being given written notice
by City, City is hereby authorized to cause any maintenance necessary to be done and
charge the entire cost and expense to Owner, or Owner's successors or assigns, including
administrative costs, attorneys fees and interest thereon at the maximum rate authorized by
the Civil Code from the date of the notice of expense until paid in full, and Owner hereby
agrees to pay such charge within 30 days of receipt of City's written demand for payment.
3. In the event the Owner, or its successors or assigns, has caused the City to act under the
provisions of paragraph 2 above, then upon written notice by the City to Owner, City may
require the Owner to post security in a form and for a time period satisfactory to City to
guarantee the performance of the obligations stated herein. Should Owner fail to perform
the obligations under this Agreement, City may, in the case of a cash bond, act for Owner
using the proceeds from it, or in the case of a surety bond, require the sureties to perform
the obligations of this Agreement. As an additional remedy, the Public Works Director may
suspend any previous stormwater related approval with respect to the property on which a
Device has been installed until such time as Owner repays to City its reasonable costs
incurred in accordance with paragraph 2 above.
4. This Agreement shall be recorded in the Office of the Recorder of San Joaquin County,
California, at the expense of Owner and shall constitute notice to all successors and assigns
of the title to said Property of the obligation herein set forth. This Agreement shall serve as
a lien on the Property in such amount as will fully reimburse City for all costs incurred in
fulfilling Owner's obligation under this Agreement, including interest as herein above set
forth.
5. In event of legal action occasioned by any default or action of Owner, or its successors or
assigns, then Owner and its successors or assigns agree(s) to pay all costs incurred by City
in enforcing the terms of this Agreement, including reasonable attorney's fees and costs,
and that the same shall become a part of the lien against said Property.
6. It is the intent of the parties hereto that burdens and benefits herein undertaken shall
constitute covenants that run with said Property and constitute a lien there against.
7. The obligations herein undertaken shall be binding upon the heirs, successors, executors,
administrators and assigns of the parties hereto. The term "Owner" shall include not only the
present Owner, but also its heirs, successors, executors, administrators, and assigns.
Owner shall notify any successor to title of all or part of the Property about the existence of
this Agreement. Owner shall provide such notice prior to such successor obtaining an
interest in all or part of the Property. Owner shall provide a copy of such notice to City at the
same time such notice is provided to the successor.
8. Time is of the essence in the performance of this Agreement.
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9. Any notice or demand for payment to a party required or called for in this Agreement
shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to
addresses listed on Page 1 of this Agreement either for Owner or City. Notice(s) shall
be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S.
Mail, whichever is earlier. A party may change a notice address only by providing written
notice thereof to the other party.
IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date
first written above.
CITY OF LODI, a municipal corporation
Dated: , 2013 By:
KONRADT BARTLAM
City Manager
Attest:
Randi Johl, City Clerk
TEMPLE BAPTIST CHURCH OF LODI,
a corporation
Dated: . 2013 By:
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney r
City of Lodi
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CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN JOAQUIN)
On before me,
(Name, Title of Officer)
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 forgoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary
OWNER(S)
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN JOAQUIN)
On before me,
(Name, Title of Officer)
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 forgoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary
-4-
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2. JV#
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AP
FUND # BUS. UNIT # ACCOUNT#J ACCOUNT TITLE AMOUNT
A.
SOURCE OF
FINANCING
175 3205 Fund Balance $ 122,283.00
TO: internal services Dept. - Bud et Division
3. FROM: Rebecca Arelda-Yadav
15. DATE:
7/8/2013
4. DEPARTMENT/DIVISION: Public Works
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l'PAOFTRi—. ", I
FUND # BUS. UNIT # ACCOUNT#J ACCOUNT TITLE AMOUNT
A.
SOURCE OF
FINANCING
175 3205 Fund Balance $ 122,283.00
B.
USE OF
FINANCING
175 175044 1836.1900 Temple Baptist Reimbursement $ 122,283.00
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
JReimbursement of Storm Drain Impact Fees to Temple Baptist Church.
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: Res No: I Attach copy of resolution to this form.
Department Head Signature:
8.,A0PR0VALSlGNATQREV-- -2
Deputy City Manager/Internal Services Manager Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
RESOLUTION NO. 2013-131
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
STORM DRAIN IMPACT MITIGATION FEE ONE-TIME
REIMBURSEMENT AGREEMENT WITH TEMPLE BAPTIST
CHURCH OF LODI AND FURTHER APPROPRIATING FUNDS
WHEREAS, at the time of approval of the Temple Baptist Church (Owner) master
development plan and the phase one construction project in 1978, there were no City -owned
storm drainage facilities in the area, and private onsite storm drainage facilities were
constructed to serve the project. These facilities consist of storm drainage conveyance piping
and a storm drainage retention basin. It has been confirmed that the private onsite storm
drainage facilities have sufficient capacity to serve all existing and future phases of the master
development plan; and
WHEREAS, in August 2012, the City Council adopted the updated Impact Mitigation Fee
Program (Program) wherein no storm drainage impact fee was established for the Church
property yet to be developed. An option was preserved in the Program for the Owner to
permanently utilize the private onsite storm drainage facilities and be refunded the storm
drainage mitigation fees paid to date amounting to $122,282.82. The reimbursement funds
were set aside in the Program for reimbursement to this Owner and several others; and
WHEREAS, the Owner is constructing a new education building that would normally be
required to pay storm drainage impact mitigation fees. Instead, the Owner has selected the
option to remove their property from the City's storm drainage service area and receive
reimbursement, without interest, of the fees paid to date.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the Storm Drain Impact Mitigation Fee One -Time Reimbursement Agreement with Temple
Baptist Church of Lodi; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to execute the agreement; and
BE IT FURTHER RESOLVED that funds in the amount of $122,282.82 be appropriated
from the Storm Drain Impact Mitigation Fees account.
Dated: July 17, 2013
------------------------------------------------------------------------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2013-131 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 17, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Katzakian, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hansen
ABSTAIN: COUNCIL MEMBERS — None
�&OHL-OLLSON
City Clerk
2013-131