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Home My WebLink AboutAgenda Report - December 16, 1981 (30)W. ✓V CITY COUNCIL MEETING December 16, 1981 REQUEST FOR Following introduction of the matter by City DELAY OF PAY- Attorney Stein, Council, on motion of Councilman MENT FOR IMPROVE- Pinkerton, Hughes second, approved amended MENTS AT 1200 Agreement approving request for delay of payment AND 1210 VICTOR for improvements at 1200 and 1210 Victor Road, ROAD, LODI, Lodi pursuant to Agreement dated October 17, 1980 PURSUANT TO with Mr. Howard Medlen. AGREEMENT DATED OCTOBER 17, 1980 WITH MR. HOWARD MEDLF.N CITY COUNCIL ROBES ARTY, Mayor m CITY O F L O D I ROBERT C.. MURPHY. Mayor Pro Te RICHARD L. H ICHES CITY HALL, 221 WEST P: -%E STRfEi WALTER KATNICH POST OFFICE BOX 320 )MMES W. PINKERTON. Ir. LODI, CALIFORNIA 95241 (209)334-5634 Decenber 2, 1981 HENRY A GLAVES. it. City Manater ALICE M. REIMCHE City Clerk RONALD M. STEIN City Attorney Mr. w. Howard :4edien 1200 Victor Road Lodi, California 95240 Re:- Agreement with City of Lodi dated October 17, 1980 Dear Mr. Medlen: Enclosed herewith please find a copy of the above-re::E rented Agreement bebmen yourself and the City of Lodi covering property located at 1200 Victor Load and 1210 Victor Boad. This letter will serve as a reminder to you that the third payment under the October 17, 1580 agreement was due and. payable on December 1, 1981 in an amount of $4,570.00. It will be appreciated if you will please forward the amount due the City as per the agreement at your earliest convenience. If you have any problem or question in this regard, please do not hesitate to contact the mdersigned. Thank you. Sincerely yours, QW e rz4t • •. I RMS:vc enclosure M - WWPRIPF..+.. AGREEMENT -0c" )"i RECORDED AT REQUEST OF C17Y CE I FEE - &M THIS AGrcEmEm, made and entered into this CL day of 1980, by and between the City of Lodi, a municipal corporation, hereinafter called "City", and William Howard Medlen,, hereinafter called -Developer-. wHEREAs,, Developer was the owner of that certain real property known as 1200 Victor Boad and 1210 Victor Road, situate in the City -of Lodi, County of San Joaquin, State of California, described as follows: ASSESSOR PARCELS NOS. 049-050-39 AND 049-050-40; and W11EFEAS, Developer filed a parcel map, in October 1975 officially splitting the above two parcels, namely filed October 7, 1975 Dook 2 of Parcel Mans, page 67, San Jcecmin County. W 'IEREAS., Developer guaranteed the required off-site inprove- on Parcels A and B as shown on (City of Lodi Drawing 75D28) by Agreement dated October 8, 1980; and WHEREAS, the City desires the installation of the required off-site inprovements on Victor Road at this time; and WHEFF,AS, Developer desires to pay the City of Lodi for the costs of the installation of the required off-site inprovements on Victor Road; -1- . 80074782 mu, MMUOM, in consideration of the mutual covenants, terms and conditions herein contained, Developer and City do hereby agree as follows: (1) City agrees to install or have installed the Victor Abad inVrovements as shown on Otto= (City of Lodi Drawing 75D28) in conformance with City standards; (2) Developer agrees to pay and/or reimburse City for the costs of the improvements as well as construction staking on Victor Road in the amomt of $8,570.00. Said amotmt is to be paid as hereinafter set forth: (a) $2,500.00 due and payable on the date of the execution of this Agreement; (b) $1,500.00 due and payable on December 1, 1980; (c) $4,570.00 due and payable on December 1, 1981. In the event that reimbursement is paid to City within the dates set forth herein, Developer s:�all not be obligated to pay City any interest on the amount of actual costs initially incurred by City in installing or having installed said required improvements. In the event, however, that any am3unt which is due and payable to City and has not, in fact. been paid on the dates set forth herein, then interest shall commence to run on the balance due and owing City at the -2- e,i (4) 8 0.0.7.E current interest rate per annum frau and after the due date thereof and shall continue until said amount is paid to City. In the e\r tt L'tat Developer does not pay the amounts as set forth herein on the dates set forth herein, then City is here- by authoriztd tr file suit against Developer, its heirs, successors x -A assigns for the costs incurred in installing the irprownlents as well as for attorney's fees incurred in con:t-c,:on wiLh such litigation aml for the collection of the ronies and interest due on said monies as set forth in paracraph 2 above. Dm-v1opLr agncs that in the cn ent of the sale of all or any portion of the pal knoum as 1,200 Victor Road, that the purduser sh6all lic rivrn a copy of this Agreement so that pur- chaser will be apprised of their obligations and responsibilities herLnrder and a statownt to that effect shall be delivered to r r State of California ) sx T 8 C-tinly .►f San Joaquin S; ` 8 Q 8 Oil . hi., -1Z` _ (lily of --1�� .- its lite year .'ne thousand t�lnt• Itund red hrfu re we. a ,Notary YubLrt.r Slate .,f ('a furtiia duly ctairmissioned at,tl �\�urn� p.cr.tnlally appeared f the potpie h:,cly desc-:betl in and that executed the \Within tt►�irtlttientr ;and also kn.swn to the to be the per,tel,5 who exet; !..•1.111 ..f the ,uhlit• h.ly therein named. anal acknowli-dged ttauttd 1}1C within inSQrlltllLl t tan t•xt•q ult•d the Saint.. ttie that s ih pt : b(,dy X11' ESS t1.y hand anti •,f l,.:,;tl yea! �/�� __ �ut:,ry }'ulsll: i11 nit! 5� FQO"IC AL SEAL SHARON BIAUFUS 100?AWf PWIC • CALIFORNIASAN 1p WN tAti M oxlnn. tspkss li/It 6. tft14 ..».....n...- ..-.«...+...wren...+........ .4 M•7_ .� 1 CA "240 y.. w....�.. Jack L. Ponsko Public Works Director 221 West Pine Street Lodi, California 95240 Notices required to be given to Developer shall be addressed as follows: Mr. W. Haaard Medlen 1200 Victor Fbad Lodi, California 95240 IN WIINVF.SS FII-IEFMF, the parties hereto have set their rands the date and year first hereinabove written. Approved by action of the City Council of the City of Lodi on _ 1 0,zlisoi , 1980. CITY OF LODI, a mtmicpal corporation By Henry A. G aves, City Manager Attest P1i M Reimcne, City C tir — OFFICIAL SEAL SHARON BLAUWS o �aptattl PUSLIC CALIFORNIA SM 1t?AWill COUntr My oo.mm sagitta APR 6. 1984 j 221 W. rM4 Stmtt, t ods. CA 95240 Cowdery't Fern No. 32—AcknewkdPa=t--GtoenL (C. c. Sr. 1190a) William Howard Medlen aka Howard Medlen STATE OF CAU 07 U. Ow this of rt the r ont t .and nine hundred owd-Cly _. j ore M Ry= .S► _- -- a Nokwy Prof , S e of Cafifo &d and rtoorn, tMonofty 4MV—ed _... -Aawa . _..._... _ ._ ._._ kw wa to nse to be the pe►sow__tvhose aama—--arbsrn3rd to t1w within instrument and r -knowfedped to me that ecuted the some. IN WITNESS WHEREOF I haw hareun set my hand and afkad my aeftia/ SOW in the --County of t11A _the day and yew in /his twtijeate fust oboes written. Notary Public. State of California. my Commission Expirrs_� ��,/� CITY COUNCIL JAMROBES A. MURPY.. Mav CITY O F LO D I ROBERT G MURPHY, �tavor Pr® Trm RICHARD l HUGHES CITY HALE. 221 WES1 PINE SIRE 17 WALTER KATNICH POST OFFICE BOX 320 TAMES W PItiI;ERTOI. )r LODI. CALIFORNIA 95241 (209) 334-5634 December 21, 1981 HENRY A UAVES, it C rty Manager ALICE M RELviCHE C rty Clerk RONALD M. $It IN Crty Attorney Mr. W. Howard Medlin 1200 Victor Road Lodi, CA 95240 Re: Agreement with the City of Lodi dated December 17, 1980 Dear Mr. Medlin: Enclosed please find an original and one copy of an amendment to the aforeref erenced agreement delaying payment for improvements at 1200 and 1210 Victor Road, Lodi, which amendment was approved by the Lodi City Council at its regular meeting of December 16, 1981. Please execute both copies and return same to this office in the enclosed self-addressed envelope. Upon receipt we will execute the amendments and return a fully executed copy to you. If yora have any questions regarding this matter, please GJ not hesitate to call. Very truly yours, I& � . Alice M. R imche City Clerk AR: dg Enc. AGENDA ITEM "G" AMENDMENT TO AGREEMENT WHEREAS, an Agreement was entered into on October 17, 1980 by and between the City of Lodi, a municipal corporation, hereinafter referred to as "City", and William Howard Medlen, hereinafter referred to as "Developer", for certain improve- ments and construction staking at 1200 Victor Road and 1210 Victor Road, Lodi, California; and WHEREAS, City and Developer desire to amend said Agreement entered into October 17, 1980; NOW, THEREFORE, said Agreement entered into on October 17, 1980 is amended as follows: 1. Paragraph 2 of Page 2 of said Agreement is hereby amended and shall read as follows: (2) Developer agrees to pay and/or reimburse City for the costs of the improvements as well ag construction staking on Victor Road in the amount of $8,570.00. Said amount is to be paid as hereinafter set forth: (a) $2,500.00 due and payable on the date of the execution of this Agreement; (b) $1,500.00 due and payable on December 1, 1980; -1- (c) $2,000.00 due and payable December 1, 1981; and (d) $2,570.00 due and payable on December 1, 1982 plus interest at the rate of 10.00% from December 1, 1981 until said amount is paid. 2. All other provisions of the Agreement entered into October 17, 1980 shall remain in effect during the term of said Agreement. 3. Both parties agree to the recording of this Amendment to Agreement with the San Joaquin County Recorder. 4. This Amendment to Agreement shall be binding .ion the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands this day of 19 Approved by action of the City Council of the City of Lodi on , 19 CITY OF LODI, a municipal corporation DEVELOPER By By,. Henry A. G aves, City Manager William Howard Medlen aka Howard Medlen Attest: Alice M. Reimc e, City Clerk -2-