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HomeMy WebLinkAboutAgenda Report - August 3, 2016 C-05AGENDA ITEM C- 5 &1& CITY OF LODI %W COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Addendum No. 2 to Improvement Deferral Agreement for 1230 South Central Avenue MEETING DATE: August 3, 2016 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Addendum No. 2 to Improvement Deferral Agreement for 1230 South Central Avenue. BACKGROUND INFORMATION: In 1986, the owner of the property, Northern California Conference Association of the Seventh-Day Adventists, a California Corporation (Lodi Academy), entered into an Improvement Deferral Agreement (Agreement) with the City to delay installation of improvements along portions of their property fronting the public right-of-way. On January 15, 1996, Addendum No. 1 to the Agreement was executed extending the deadline to construct the public improvements to December 31, 2010. Due to an economic downturn prior to December 31, 2010, the improvements were not completed. Installation and/or repairs of public improvements along the street frontage is generally required as a condition of building permit issuance as set forth in Title 15, Chapter 15.44 of the Lodi Municipal Code. Lodi Academy has recently submitted a building permit application for structural repairs to the onsite gymnasium located at 1230 South Central Avenue and is requesting to further defer the requirement to construct public improvements along Poplar Street (Exhibit A). This deferral request is due to limited funds that must be focused on structural repairs to the school gymnasium structure. The estimated cost of gymnasium repairs is $700,000. Lodi Academy has signed the attached Addendum No. 2 to the Agreement and paid the necessary document preparation and recording fees. Addendum No. 2 requires the owner to pay for and complete the public improvements on Poplar Street by December 31, 2026, or at the request of the City, whichever occurs first. Staff is requiring the main access driveway to the gymnasium be upgraded to City standards. Considering the financial burden of repairing the gymnasium, staff recommends authorizing the City Manager to execute Addendum No. 2 to the Improvement Deferral Agreement for 1230 South Central Avenue. FISCAL IMPACT: Not applicable. FUNDING: Not Applicable. l J—OQ--()—Q Charles E. Swimley, Jr. Public Works Director Prepared by Kimberly Sobin, Assistant Engineer CES/KAS/tdb Attachments cc: City Attorney Deputy Public Works Director/City Engineer APPROVED: c ibLa r, City Manager K:\WPTEV_SERVOeferral Agreements\CC_1230 S. Central Ave.doc 7/20/16 WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 IMPROVEMENT DEFERRAL AGREEMENT ADDENDUM No. 2 1230 South Central Avenue (APN 047-280-01 ) THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a municipal corporation, hereinafter referred to as "City" and the NORTHERN CALIFORNIA CONFERENCE ASSOCIATION OF THE SEVENTH -DAY ADVENTISTS, a California corporation, hereinafter referred to as "Owner" (collectively "Parties"). RECITALS: Owner is the owner of that certain real property situated in the City of Lodi, County of San Joaquin, known as 1230 S. Central Avenue (APN 047-280-01) (the "Property") and described as follows: Lots Numbers ten (10), eleven (11), sixteen (16) and seventeen (17) in the Lodi Barnhart Tract, according to the official map of said tract filed for record November 5t', 1906, at 3:05 o'clock P.M., in the office of the County Recorder of said County of San Joaquin. WHEREAS, the Parties entered into an Improvement Deferral Agreement, dated August 6, 1986, recorded as Instrument No. 86074204 with the San Joaquin County Recorder ("Agreement"), which Agreement covers the responsibilities of Owner regarding installation of off-site public improvements along the Poplar Street frontage of the Property; and WHEREAS, the Parties entered into an Addendum of the Agreement, dated January 15, 1996, recorded as Instrument No. 96013793, with the San Joaquin County Recorder ("Addendum"), which in part extended the deferral for the installation of the public improvements along the Poplar Street frontage of the Property to December 31, 2010; and WHEREAS, Owner submitted Building Application #20161430 to City to allow a tenant improvement to an existing building on the Property triggering installation of public improvements along the Poplar Street frontage, required as a condition of permit issuance in accordance with existing City ordinances and policies regarding off-site improvements as set forth in Title 15, Chapter 15.44 of the Lodi Municipal Code. Required improvements include, but are not limited to, the installation of concrete curb, gutter and sidewalk in accordance with the City's Standard Plans and Specifications; and WHEREAS, Owner is desirous of complying with existing City ordinances and policies regarding off-site improvements, Owner requests that the frontage improvements on Poplar Street be deferred. KAWPOEV_SEMDeferral Agreements\Central 1230 S Final.doc IT IS AGREED by the Parties hereto as follows: 1. City agrees that the installation of the public improvements along the Poplar Street frontage of the Property need not be made as a condition of Building Application #20161430 and Owner agrees that the public improvements on Poplar Street frontage, described in the Addendum, will be completed and applicable fees paid to City no later then December 31, 2026. 2. Owner acknowledges that City has authority to give the Owner written notice to complete the public improvements along the Poplar Street frontage at any time before December 31, 2026. In the event of such notice, Owner agrees to undertake the design and construction of the required frontage improvements within 30 days after written notice is given by the City, pay applicable fees to City, and complete the required improvements within 120 days from the date of notice. 3. This Addendum No. 2 shall run with the land and be binding on the Owner, its heirs, successors or assigns. 4. If Owner fails to complete the required public improvements as described in the Addendum, or make the fee payments to City as required by in paragraph 1 of this Addendum No. 2, within the applicable time period specified herein, City shall be entitled, at its election, to either 1) file suit against Owner, its heirs, successors or assigns, for the full value of the public improvements,plus attorney fees and costs, or 2) complete the public improvements at the expense of Owner, and file suit against Owner, its heirs, successors or assigns for the costs incurred, plus attorney fees and costs. In either case, the obligations of this Addendum No. 2 shall be secured by a lien against the Property for the full value of the public improvements. 5. A copy of this Addendum No. 2 shall be recorded in the office of the San Joaquin County Recorder, P. O. Box 1968, Stockton, California 95201-1968. 6. 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: Charlie E. Swimley, Jr. Public Works Director City of Lodi P. O. Box 3006 Lodi, CA 95240-1910 Notices required to be given to Owner shall be addressed as follows: Northern California Conderence Association of Seventh Day Adventists, a California corporation c/o Lodi Academy 1230 Central Avenue Lodi, CA 95240 7. All other terms and conditions of the Agreement and Addendum, except those modified by this Addendum No., 2, remain unchanged. 8. The undersigned hereby represent and warrant that they are authorized by the parties they purport to represent to execute this Addendum No. 2. IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing opposite their names. Dated: Dated: �k� i t Approved as to form: Dated: 3 CITY OF LODI, a municipal corporation 2016 By: Stephen Schwabauer, City Manager Attest: Jennifer Ferraiolo, City Clerk Northern California Conderence Association of Seventh Day Adventists, a California corporation 2016 By: Name: -rt tA u G Title:?riv%e'pb` , Lodi /TC My Janice D Magdich ' City Attorney - 2016 W. H. SCHERER 10"aslon N 2004997 Notary Public - calNonWl San JOWA County Febth Cow. Enka 19 2017 CALIFORNIA• • •. .ti � v.t.. �'• - .�.+b: �. eti a, . - v.. r.•. � .y. :.N. v:a-+� .c,c/v:.vtiti. tsio:v: v.c.:e<ra.:� .:::lz:[.:� :-v.. c,a!ot,r1. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of �ct ,•� �c� 9 ^ ) Z O ( before me,„ W TOn (� J a Date] 1 Here Insert Name and Title of the Officer personally appeared i �, w ` lam; V.-t0in,k+4%,f 5 C -1K, Names) of Signer(s) who 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 foregoing paragraph is true and correct. +WITNESS my hand and official seal. W. H. 8CHUM Comadssim 0 2004937 Le No” Puente - CMftrnW Signature San C doWWnftb1Cn M7 Signature dif Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of thls form to an unintended document. Description of Attached Document did Title or Type of Document: -k .� Document Date: Number of Pages: 5 19ner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator l Other: Signer Is Representing: r: -rrc�n -IN -rip{:f;�Prt•r;ti r,�rts,e r st?..:e{.+�.'<{rt�SSi.v-;�f�:t' : �:.:'�.•:�!r,�».' /�:/L%:��':V'::t'�:L'�:\'�:iN•.i'!:ti':%n'f.�e�;v%'e �':E RESOLUTION NO. 2016-151 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 2 TO THE IMPROVEMENT DEFERRAL AGREEMENT FOR 1230 SOUTH CENTRAL AVENUE WHEREAS, in 1986, the owner of the property located at 1230 South Central Avenue, namely Northern California Conference Association of the Seventh-Day Adventists, a California Corporation (Lodi Academy), entered into an Improvement Deferral Agreement (Agreement) with the City to delay installation of improvements along portions of their property fronting the public right-of-way; and WHEREAS, on January 15, 1996, Addendum No. 1 to the Agreement was executed extending the deadline to construct public improvements to December 31, 2010, but due to the economic downturn, the improvements were not completed; and WHEREAS, installation and/or repairs of public improvements along the street frontage is generally required as a condition of building permit issuance as set forth in Title 15, Chapter 15.44 of the Lodi Municipal Code; and WHEREAS, Lodi Academy has recently submitted a building permit application for structural repairs to the onsite gymnasium located at 1230 South Central Avenue and is requesting deferral of the requirement to construct public improvements along Poplar Street; and WHEREAS, Addendum No. 2 requires the owner to pay for and complete all of the public improvements on Poplar Street by December 31, 2026, or at the request of the City, whichever occurs first; and WHEREAS, staff recommends extending the Improvement Deferral Agreement for the frontage improvements along Poplar Street until December 31, 2026, and further recommends authorizing the City Manager to execute Addendum No. 2 to the Improvement Deferral Agreement for 1230 South Central Avenue. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Addendum No. 2 to the Improvement Deferral Agreement with Northern California Conference Association of the Seventh-Day Adventists, a California Corporation (Lodi Academy), for 1230 South Central Avenue, Lodi, California, thereby extending the Improvement Deferral Agreement until December 31, 2026. Dated: August 3, 2016 I hereby certify that Resolution No. 2016-151 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 3, 2016 by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Nakanishi ABSTAIN: COUNCIL MEMBERS — None NN11=E City Clerk 2016-151