HomeMy WebLinkAboutAgenda Report - October 19, 1983 (57)APPROVE An Improvement Deferral Agreement for 1301 East Pine Street,
AGPUM Nf RE Lodi, was presented for Council's approval. Council was
DEVEIEPMENT informed that the Anderson's are interested in developing a
FAST PINE portion of the property they own on Pine Street east of
STMEEr Cluff Avenue. The City has a large deep Master Drain
planned for installation in Pine Street, and if curb, gutter
and sidewalk were constructed now, it would conflict with
the storm drain installation.
The storm drain project is preliminarily being scheduled for
1986 in the new Capital Improvement Program being prepared
for submittal to the Council. Drainage for the development
will be piped to Mounce Street. All other requirements for
development will be met and it is reccamended that the
agreement be approved.
CTLNCIL APPWU W THE SUBJBCr ACREEVENT BEIWE3d THE ANDERSCNS
AND THE CITY OF LCDI TO DEFER THE INSTALI_ATICN OF OFFSITE
IMPACNB NM CN EAST PINE M=, LCDI , AMID AUIiORI ZED THE
CITY hIANAtER AND CITY CUM TO E}C9aE SAME CN BEHALF OF ME
CITY.
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CITY OF LODI
PUBLIC WORKS DEPARTMENT
TO: City Council
FROM: City Manager
DATE: October 13, 1983
COUNCIL COMMUNICATION
SUBJECT: 1301 E. Pine Street, Improvement Deferral
RECOMMENDED ACTION: That the City Council approve the attached Improvement
Deferral Agreement between the Andersons and the City of Lodi to defer the
installation of offsite improvements on East Pine Street, and authorize
the City Manager and City Clerk to execute same on belhalf of the City.
BACKGROUND INFORMATION: The Andersons are interested in developing a
portion of the property they own on Fine Street east of Cluff Avenue.
The City has a large deep Master Drain planned for installation in
Pine Street, and if curb, gutter and sidewalk were constructed now,
it would conflict with the storm drain in'tallation.
The storm drain project is preliminarily being scheduled for 1986 in
the new Capital Improvement Program being prepared for submittal to
the Council. Drainage for the development will be piped to Mounce
Street. All other requirements for development will be met and it is
recommended at t e agreement be approved.
c L. Ronsko
ubl c Works Director
At`co c.:nen t
JLR:GER:dnw
cc: Larry Anderson
Dan Anderson
APPROVED:
HENRY A. GLAVES, City Manager
FILE NO.
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City Clerk
City Hall
Lodi, CA 95240
IMPROVEMENT DEFERRAL AGREEMENT
1301 East Pine Street
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TFIS AGREEMENT, entered into by and between LARRY AND GEORGEANN ANDERSON
and DAN AND PATRICIA ANDERSON hereinafter called Developer, and the CITY OF
LODI, a municipal corporation, hereinafter called City.
WHEREAS, Developer is owner of that certain real property situate in the
County of San Joaquin, State of California, and described as follows:
Parcel "A" of the Parcel Map filed in Book 7, Page 13,
San Joaquin County Records, December 15, 1978.
WHEREAS, Developer, at the present time, wishes to make improvements to
said property and,is desirous of complying with existing City ordinances
and policies regarding off-site improvements as set forth in Chapter 5,
Article V of the Lodi Municipal Code, and this Agreement is being entered
into for the purpose of setting forth the rights, duties and obligations of
the parties hereto with respect to the following:
1. Developer has paid all applicable storm drainage acreage fees.
2. It is understood that the Developer shall be responsible for:
a) Design and installation of all necessary off-site improvements
in accordance with City Standards;
b) Payment of engineering and other applicable fees.
3. The City agrees that the installation of the improvements listed
above need not be made at this time with the understanding that
Developer agrees that upon demand of City, he will undertake and
start the construction of the required improvements within 90 days
after written notice is given by City to Developer, and will
complete the improvements within one year.
4. This Agreement shall be binding on the Developer, its heirs,
successors or assigns.
5. In the event that the aforesaid improvements are not installed upon
demand of City, then City is hereby authorized to install said
facilities and may file suit against Developer, its heirs,
successors or assigns for the costs incurred, as well as for a
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reasonable sum to be allowed as and for the City's attorney's fees
incurred in connection with such litigation for the collection of
the monies due or may file a lien against said property for the
costs incurred.
6. Developer agrees that in the event of the sale of all or any
portion of the property first hereinabove -described, that the
purchaser shall be given a copy of this agreement so that the
purchaser will be apprised of their obligations and
responsibilities hereunder and a statement to that effect shall be
delivered to City before the time of the close of the escrow.
1. A copy of this Agreement shall be recorded in the office of the San
Joaquin County Recorder, Courthouse, Room 151, Stockton, CA 95202.
8. All notices herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
Jack L. Ronsko
Public Works Director
P.O. Box 320
Lodi, CA 95241
Notices required to be given to Developer shall be addressed as follows:
IN WITNESS WHEREOF, the parties hereto have set their hands this 9th day of
September, 1983.
DEVELOPER
By:
LarryAnderson
Georgeann Anderson
Dan Anderson
Patricia Anderson
CITY OF LODI, a municipal corporation
By:
Henry A. Glaves, City Manager
Attest:
Alice M. Reimche, City Clerk
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