HomeMy WebLinkAboutAgenda Report - October 1, 1986 (112)C11 Y COUNIM MEETING
OCTOBER 1, 1986
LELAND ACRES SUB-
DIVISION LAR'DSCAPING
.-ter AcREEmmr APPROVED A draft agreement with Mr. James L. Ehlers, developer of
the Leland Acres Subdivision, providing for the installation
CC -46 and maintenance of landscaping in the area of the
intersection of West Lodi Avenue and Lawer Sacraments Road
was presented for Council's perusal.
The Agreement provides for, among other things, the
following:
- the developer, his assignee or transferee shall be
responsible for the maintenance of the sprinkler system.
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and landscaping
- if the above is not maintained, the City shall have the
right to do so
- at such time as each lot is sold, the property owner
assumes the obligation of participating in maintaining
the sprinkler system and landscaping
- if the above is not maintained, the City shall have the
right to do so, and the City shall have the .right to
file a lien against the property to recoup expenses
-- the developer, his assignee or transferee agrees to
enter into a landscape maintenance agreement with a
landscape contractor for a period of five years and said
agreement shall be for the maintenance of the sprinklers
and the landscaping'
the City shall have the right of approval of any
lwidscape plan proposal
This laces the responsibility for the on -go' maintenance\
P Po Y �
of the sprinkler system and landscaping on the owners of
each of the lots in the subdivision upon termination of the
five-year agreement with the landscape contractor.
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On motion of Council Member Hinchman, Olson second, council
approved an agreemmnt for planted areas in the Leland Acres
Subdivision at West Lodi Avenue ar:-i Dower Sacramento Read
and authorized the Mayor and City Clerk to execute the
subject agreement on behalf of the City and directed that
the subject agreement be recorded.
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Council Member Pinkerton had left the Council Chambers and
was not present for the vote.
COUNCIL; COi1IAWNICATIUV
TO: THE CITY COUNCIL DATE NO.
FROM: THE CITY MANAGER'S OFFICE
October I 1986
SUBJECT: LELW ACRES SUBDIVISION LANDSCAPING
PREPARED BY: City Manager
RECOMMENDED ACTION: That the City Council authorize the execution of an
agreement with Mr. James L. Ehlers, developer of the
Leland Acres Subdivision, providing for the
installation and maintenance of landscaping in the area of the intersection of
West Lodi Avenue and Lower Sacramento Road.
BACKGROW INFURMATION: Leland Acres Subdivision is an eight -lot residential
development at the southeast corner of West Lodi
Avenue and Lower Sacramento Road. An attractive,
serpentine brick wall has been constructed along the north and east perimeters
of the subdivision. The developer wishes to install low -maintenance
landscaping along this brick wall. The staff is in agreement with the
developer that the installation of this landscaping will significantly enhance
the overall appearance of this major intersection. The question has been how
to achieve this goal without getting the City involved in an ongoing landscape
maintenance program that more appropriately should be the responsibility of a
homeowners' association. Since the homeowners' association approach is
impractical now because of the time delay and expense involved, the attached
agreement (Exhibit A) represents an alternate. This agreement provides for,
among other things, the following:
- the developer, his assignee.or transferee shall be
responsible for the maintenance of the sprinkler
system and landscaping
- if the above is not maintained, the City shall have
the right to do so
- at such time as each lot is sold, the property owner
assumes the obligation of participating in maintaining
the sprinkler system and landscaping (Exhibit B)
- if the above is not maintained, the City shall have
the right to do so, and the City shall have the right
tr' to file a lien against the property to recoup expenses
- the developer, his assignee or transferee agrees to
enter into a landscape maintenance agreement with a
landscape contractor for a period of five (5) years
and said agreement shall be for the maintenance of the
sprinklers and the landscaping
- the City shall have the right of approval of any landscape
t plan proposal
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COUNCIL OaMNWICATION
LELAND ACRES SUBDIVISION LANDSCAPING
PAGE NO. TWO
This places the responsibility for the on-going maintenance of the sprinkler
system and landscaping on the owners of each of the lots in the subdivision
upon termination of the five-year agreement with the landscape contiactor.
Respectfully submitted,
Thomas A. Peterson
City Manager
AGREEMENT
THIS AGREEMENT, made and entered into this day of
1986, by and between James L. Ehlers, DBA
Lewis -Ehlers, a general partnership of the State of California,
hereinafter called Developer; and the City of Lodi, a municipal
corporation of the State of California, hereinafter called City.
No. 027-240-06), 317 Leland Court, Lodi, California (Assessor's Parcel _
No. 027-240-03), 324 Island Court, Lodi,, California (Assessor's Parcel
No. 027-240-05, and 325 Leland Court, Lodi, California (Assessor's
Parcel No. 027-240-04), hereinafter referred to as Leland Acres
Subdivision; and
W ff2MS,
Developer is the owner of
property described as
Leland
Tract No. 1994,
as filed for record in Book of Maps
and Plats,
Volume
27,
Page 50, San Joaquin Ccunty
records.
Said
property is
more
ccurnonly
known as 300 Leland Court,
Lodi,
California
(Assessor's
Parcel
No.
027-240-08),
301 Leland Court,
Lodi,
California
(Assessor's
Parcel
No.
027-240-01),
308 Leland Court,
Lodi,
California
(Assessor's
Parcel
No.
027-240-07),
309 Island Court,
Lodi,
California
(Assessor's
Parcel
No.
027-240-02),
316 Leland Court,
Lodi,
California
(Assessor's
Parcel
No. 027-240-06), 317 Leland Court, Lodi, California (Assessor's Parcel _
No. 027-240-03), 324 Island Court, Lodi,, California (Assessor's Parcel
No. 027-240-05, and 325 Leland Court, Lodi, California (Assessor's
Parcel No. 027-240-04), hereinafter referred to as Leland Acres
Subdivision; and
MERFAS, as part of the subdivision work, a serpentine brick
wall was installed on the exterior of the property within City of Lodi
right -of --way; and
Wi UMS, as part of the installation of said brick wall, there
is an area that could be landscaped, which area is within the City of
Lodi right-of-way; and
Wii:.'R& , Developer is desirous of having said area landscaped;
WHMM, City does not want to be responsible for the
landscaping, sprinkler system, or landscape maintenance of said
pity;
Now, THEREF n, the parties agree as follows:
1) Developer or his assignee or transferee shall be responsible for
the maintenance of the sprinkler system and landscaping fronting
and within Parcels Nos. 1, 2, 3, 4, 5, 6, 7, and 8 of Leland
Tract No. 1994. Developer or his assignee or transferee agrees
that if the sprinkler system and landscaping are not maintained,
that the City of Lodi, after notice to Developer or his assignee
or transferee, shall have the ability to maintain the sprinkler
system fronting and within the above-described parcels, and the
landscaping fronting the above-described parcels; and City shall
have the right to file a lien against the property to recoup
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expenses in so ck)ing, and said lien shall be collectible by the
San Joat'uin County tax collector along with property owner's
property taxes; and
2) De--eloper's, his assignee's or transferee's agreement with the
property aaiers shall provide a clause stating that if the
sprinkler system and landscaping are not maintained by said
property owners, that the City of Lodi shall be a third party
beneficiary of said agreement, and that City, after notice to
the appropriate property owner, shall have the ability to
maintain the sprinkler system and landscaping fronting said.
property, and City shall have the right to file a lien against
the property to recoup expenses in so doing, and said lien shall
be collectible by the San Joaquin County tax collector along
with property owner's property taxes.
3) Fes, said Agreement shall provide that if the City is
required to go to any court'to enforce the agreement, that the
City shall be able to collect reasonable attorney's fees frau
Developer, his assignee, or his transferee, and/or the property
owners.
4) FLWHER, said agreement shall ccntai the property description
of each parcel, namely, T=,:s Nos. 1, 2, 3, 4, S, 6, 7, and 8 of
Leland Tract No. 1994, as filed for record in Book of Maps and
Plats, Volume 27, Page 50, San Joaquin County records, and said
agreement shall be recorded with the San Joaquin County Recorder.
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5) As to this Agreement between Developer and City, Developer or
his assignee, or his transferee, agrees to enter into a
landscape maintenance agreement with a landscape contractor for
a period of five (5) years and said agreement shall be for the
maintenance of the sprinklers and the landscaping of the
aforementioned areas. The City of Lodi shall be furnished with
a copy of said agreement and shall have the right of prior
approval of any landscape plan for the aforementioned
properties.
6) Developer, his assignee, or his transferee shall have no
right to assign or transfer this Agreement or any part thereof
without the prior written consent of the City Manager of the
City of Lodi. Any transfer or assignment of this Agreement to
the property owner of any of the herein -described parcels shall
not relieve Developer, his assignee, or his transferee of the
obligations hereunder.
7) Prior to any assigrnent or transfer of this agreement, Developer,
his assignee or his transferee shall give the City of Lodi
written notice of such assigrzoent, and City shall be furnished
with a copy of the proposed written assignment of this
Agreement. Said written assignment shall be recordable with the
San Joaquin County Recorder.
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8) This AgreeiTer_t shall be recorded with the San Joaquin County
Recorder, and the conditions contained herein shall run with the
land.
9) This Agreement shall be binding on Developer, his assignees, or
transferees. heirs, executors, a&iinittrators, or successors.
IN WITNESS MIEP F, the parties hereto have set their hands the
day and year first hereinabove written.
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CI'T'Y OF ICDI, a m udcipal
corporation of the State of
California
BY
FRED M. REID
MAYOR, CITY OF IADI
ATT'ES'T:
ALICE M. REIlHCEM
CITY CIBC
JAMES L. II]LFRS, DBA
LEWIS-IIHLERS, a general
partnership of the State
of California
L ELAND ACRES
Tf!!S MAP FOR
Bk ASSESSMENT USE ONLY
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