HomeMy WebLinkAboutAgenda Report - December 7, 1983733/737 SOUTH An Improvement Deferral Agreement between the Central -�
SMCK7M STREET California Traction Ccapany and the City of Lodi for 733/737
IMPROVEMENT South Stockton Street, Lodi, was presented for Council's
DEMtR L approval. Council was apprised that the Agreement covers
AGREEMENT
two basic points. First is the deferral of the installation
sidewalk on a portion of the property fronting Stockton
Street. The area is presently in asphalt and is safe for
redestrian traffic, and it would be expected that the
sidewalk would be installed by the owners at such time as
that block on Stockton Street is improved. Second is the
modification to the existing cold storage building at the
corner of Tokay Street and Stockton Street. It will be the
City's responsibility to modify the building as necessary to
clear the right-of-way at such time as it is determined
necessary to widen Stockton Street.
RES. 83-137 COUNCIL APPROVED `Ilii StJBJDL'P IMPFtOVEI�N': DEFERRAL �
BE IWEEN CORAL CALIFORNIA TRACTION MTANY AMID THE CITY OF
LODI AND AITIIiOR.IZED THE CITY KWdaR AND CITY CLERK TO
EXD= THE ACREEME91' ON BEHALF OF THE CITY (Resolution No.
83-137).
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CITY OF LODI
PUBLIC WORKS DEPARTMENT
TO: City Council
FROM: City Manager
DATE: November 28, 1983
SUBJECT: 733/737 South Stockton Street
Improvement Deferral Agreement
COUNCIL COMMUNICATION
RECOMMENDED ACTION: That the City Council approve the attached improvement
deferral agreement between the Central California Traction Company and the
City of Lodi and authorize the City Manager and City Clerk to execute this agreement.
BACKGROUND INFORMATION: The agreement covers two basic points. First is the
deferral of the installation sidewalk on a portion of the property fronting
Stockton Street. The areais presently in asphalt and is safe for pedestrian
traffic, and it would be expectea that the sidewalk would be installed by the
owners at such time as that block on Stockton Street is improved. Second is
the modification to the existing cold storage building at the corner of Tokay
Street and Stockton Street. It will be the City's responsibility to modify
the building as necessary to clear the right-of-way at such time as it is de-
termined necessary to widen Stockton Street. This agreement is very similar to
that which we have with Pinkerton Foundry. Based on previous agreements of
this type, it appears that it is in order for the Council to approve the
agreement.
1ZL L
J ck . Ronsko
blit Works Director
cc:' --&b Mullen
Attachment
JLR/ns
APPROVED:
HENRY A. GLAVES, City Manager
FILE NO.
K
AGREEMENT
CENTRAL CALIFORNIA TRACTION COMPANY
733 So. Sto^::ton Street
it
'0AIF 7-17 HIS AGREEMENT entered into this I�''dday of
, 1983, between the CITY OF LODI,
hereinafter called "City" and Central California Traction
Company, hereinafter called "Owner".
W I N E S S E T H
Owner has filed for a Parcel Map of a portion of
the Northwest quarter of Section 12, Township 3 North,
Range 6 East, Mount Diablo Base anJ Meridian, as recorded
in Book of Parcel Maps at page and commonly
known as_T3_3So. Stockton Street.
In order to comply with the provisions of Section
22.18, et seq., of the Code of the City of Lodi, it is
agreed as follows:
1. Owner is dedicating on said Map., the
necessary land to conform to the setback line on Stockton
Street.
2. Owner acknowledges that it is Owner's respon-
sibility to pay the cost of sidewalk improvements where
none now exist and agrees to install said sidewalk upon
uritten demand of the City. Should Owner fail to do so
within 90 days of said demand, City may make arrangements
for said installation and bill Owner for all costs so
encumbered. In the event of a breach of an obligation, by
Owner arising from this contract, necessitating City to
file suit against Owner in Court; then upon a verdict of
the Court in favor of City, City shall be entitled to
reasonable attorney's fees and for costs of the suit
incurred.
3. City acknowledges that it is City's respon-
sibility to modify the building presently in the newly
dedicated right-of-way at such time that City desires to
widen Stockton Street and agrees to modify the building at
City's cost at such time as City deems it necessary to so
widen Stockton Street.
-1-
4. This Agreement is binding on the heirs, exe-
cutors, administrators, and assigns of the parties hereto.
5. Both parties agree that they have herein set
forth the whole of their Agreement.
6. Both parties agree to the recording of this
Agreement.
IN WITNESS WHEREOF, the parties have executed
this Agreement the day and year first hereinabove
written.
CITY OF LODI, a Municipal
Corporation
By
Henry A. Glaves, City
Manager
Attest :
Alice M. Reimche,
City Clerk
-2-
CENTRAL CALIFORNIA
TRACTION
By
jpwz kri4t:, Cora= Dei.
CITY COUNCIL MEF t M
DECEMBER 7, 1983
733/737 SOtTIii
An Inprevement Deferral Agreement between the Central
MCK'4 STREET
California Traction Cwvany and the City of Lodi fnr 733/737
IMP OVEHWr
Scuth Stockton Street, Lodi, was presented for Council's
DEFEM ,
approval. Council was apprised that the Agreement covers
A�WT
two basic points, first is the deferral of the installation
sidewalk on a portion of the property fronting Stockton
Street. The area is presently in asphalt and is safe for
pedestrian traffic, and it would toe expected that the
sidewalk would be installed by the owners at such time as
that block on Stockton Street is impx-nred. Second is the
modification to the existing cold storage building at the
corner of Tbkay Street and Stockton Street. It will be the
City's responsibility to modify the building as necessary to
clear the right-of-way at such time as it is determined
necessary to widen Stockton Street.
RES. 83-137 COUNCIL APPROVED Tim SUBJDC'T 7.1PROVE 11" (DEFERRAL AGREEM0.7
SEIWUN CEMAL cALIFORNIA TRAL7rION COMPANY AND THE CITY OF
LODI AND AITIMMZED THE CITY KVQj ER AND CITY CLERK T'O \
F:?mCtTTE 7W AGFEEMffNr ON BEHALF OF 71E CITY (Resolution No.
83-137).
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