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Home My WebLink AboutAgenda Report - September 21, 2016 C-06AGENDA ITEM &Q% CITY OF LODI %W COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Deferral Agreement for 25, 27, and 31 East Vine Street MEETING DATE: September 21, 2016 PREPARED BY: Public Works Director CIO 6 RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Improvement Deferral Agreement for 25, 27, and 31 East Vine Street. BACKGROUND INFORMATION: The owner of the property, AH Wines, Inc., has recently constructed tenant improvements to existing buildings located at 25, 27, and 31 East Vine Street. Building Permit #20150675 required public improvements that include removal and replacement of 227 lineal feet of curb, gutter and sidewalk, and Americans with Disabilities Act compliant driveways along the north side of East Vine Street, at an estimated cost of $34,500. AH Wines, Inc., has requested that construction of public improvements required by the building permit be deferred for 24 months to accommodate a request from Pacific Coast Producers (PCP) to vacate the portion of East Vine Street from Stockton Street west to its termination. The properties surrounding this portion of Vine Street are owned by either AH Wines, Inc. or PCP (Exhibit A). The vacation will be subject to PCP granting a permanent access easement to 25, 27, and 31 East Vine Street, along with various other conditions to be approved by Council at a later date. If the vacation is approved, the public improvements fronting 25, 27, and 31 East Vine Street will no longer be required because the property will be privately owned. The Owner understands if the proposed vacation is not approved, the City will require the public improvements to be constructed. The Owner has agreed to the terms and conditions of the Improvement Deferral Agreement (Agreement) and has paid the necessary fees. The Agreement requires AH Wines, Inc. to pay for the design and installation of the required improvements on East Vine Street in accordance with City standards, within 24 months, unless the Vine Street vacation request is approved by Council prior to this deadline. Staff recommends authorizing the City Manager to execute the Improvement Deferral Agreement for 25, 27, and 31 East Vine Street. FISCAL IMPACT: Not applicable. FUNDING: Not applicable. roil Charl s E. wimley, Jr. Public Works Director Prepared by Denise Wiman, Sr. Engineering Technician CES/DSW/tdb Attachments cc: Development Services City Engineer - Chang Jeff Hansen, 27 East Vine Street, Lodi CA 95240 APPROVED: 5 en SChwab'duerOity Manager K:\WP\DEV_SEWDeferral Agreements\CC_25, 27, 37 E Vine.doc 9/9/16 PROPOSED STREET ABANDONMENT 0 BLOCK OF EAST VINE STREET EXHIBIT A --- PCP User: dwiman Path: K:\WP\DEV SERV\GIS\Denise's exhibits\Vine St - PCP abandonment.mxd PROPOSED ABANDONMENT UNION PACIFIC RAILROAD PACIFIC COAST PRODUCERS N W E S 1 in=93ft WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 IMPROVEMENT DEFERRAL AGREEMENT 25, 27 and 31 East Vine Street, Lodi, California (APN 047-030-02 ) THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to as "City" and AH WINES, INCORPORATED, hereinafter referred to as "Owner". I�91011FAMP Owner is the owner of that certain real property situated in the City of Lodi, County of San Joaquin, known as 25, 27 AND 31 East Vine Street (APN 047-030-20) and described in Exhibit A, which is attached hereto and incorporated by reference. Owner has submitted building application #20150675 to allow a tenant improvement to an existing building on the subject property. Installation of public improvements along Vine Street are 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 240 linear feet of concrete curb, gutter and sidewalk in accordance with the City's Standard Plans and Specifications, see Exhibit B for total improvements quantities. Owner is desirous of complying with existing City ordinances and policies regarding off-site improvements. Owner has requested that the improvements on Vine Street be deferred for 24 months. Council of the City will approve the deferral of the required Vine Street improvements on condition that the Owner first enters into and executes this agreement with City. NOW THEREFORE, in order to insure satisfactory performance by Owner of Owner's obligations under said City Code, the parties agree as follows: 1. Owner agrees to pay for and complete the design and installation of the required improvements on Vine Street in accordance with City Standards, including payment for engineering and other applicable City fees. The improvements shall commence at such time the Owner requests or at the time Vine Street is improved, or at the request of the City, whichever occurs first. 2. Owner agrees to undertake the design and construction of the required improvements within 30 days after written notice is given by the City, subject to Item #1 above, and will complete the required improvements within 120 days from the date of notice. This agreement shall run with the land and be binding on the Owner, its heirs, successors or assigns. KAWP\VACATION\STREET\Vine St\Improvement Deferral Agmt. Vine 252731 E - City atty approved.doc If Owner fails to complete the required improvements, or make the fee payments as required by Item #I of this Agreement within the time period specified in Item #2 above, the 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 improvements at the time period specific in Item #2 above plus attorney fees, or 2) complete the improvements at the expense of Owner, and file suit against Owner, its heirs, successors or assigns for the costs incurred, plus attorney fees. In either case, the obligations of this Agreement shall be secured by a lien against said property for the full value of the improvement costs set forth in Exhibit B. 5. A copy of the Agreement shall be recorded in the office of the San Joaquin County Records, 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: Charles 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: Jeff Hansen, President AH Wines 27 East Vine Street Lodi, CA 95240 KAWMACATIMSTREEnVine StUmprovement Deferral Agmt. Vine 252731 E - City atty approved. doc IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing opposite their names. Dated: Manager CITY OF LODI, a Municipal Corporation 2016 By: Stephen Schwabauer, Interim City Dated:: 2016 Attest: Jennifer M Ferraiolo, City Clerk AH Wines Approved as to form: Janice D Magdich City Attorney CK Dated: 2016 MWMACATIOMSTREET\Vine St\Improvement Deferral Agmt. Vine 252731 E - City atty approved.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 On&&& - i f l(o before me, t6nd(w kkkK Date 4aK Hare Insert Name and Title of the ear personally appeared �'� Name(s) 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. cHAHpLER WITNESS my hand and official seal. vV cc n n ssion #t 2051161 Notary Public - California Signature Calaveras County 4e, Signature of Notary Public Coen. Ex irea Dec 7 2017 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached[ Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by S nerts� Signer's Name:' J;�ftrporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: A 44 W VARS TACE Number of Pages: . Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02015 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 APN: 047-030-02 Address: 25, 27 & 31 East Vine Street Exhibit "A" A portion of Lot 68, as shown upon that certain map entitled, LODI BARNHART TRACT filed for record November 5, 1906 in Volume 3 of Maps and Plats, at Page 48, San Joaquin County Records, more particularly described as follows: Beginning at a point on the South line of said Lot 68, said point being North 68 degrees 23 minutes East 100.00 feet from the southwest corner of said lot 68; thence North 3 degrees 45 minutes East and parallel with the west line of said Lot 68, 241.11 feet to the south line of the North 1.70 acres lot said lot 68, being also the north line of the South 4 acres of said Lot 68; thence North 86 degrees 23 minutes West, 261.68 feet from the east line of said Lot 68; being also the center line of Stockton Street; thence due South, parallel with said east lot line, and being also the west line of the East 1 acre of the North 2 acres of the South 4 acres of said Lot 68 and its Southerly extension, 239.32 feet to the point of beginning. EXCEPT THEREFROM the South 30 feet thereof as described in that certain indenture of the City of Lodi, dated February 1, 1966, recorded March 15, 1966 in Volume 3033 of Official records, at page 264, San Joaquin County Records. ALSO EXCEPTING THEREFROM that portion lying within the 400 foot Congressional Grant. KAWMACATIMSTREEnVine StUmprovement Deferral Agmt. Vine 252731 E - City atty approved.doc EXHIBIT B Popuch Concrete Contractin CO ME I L . INQQSTRIAL . RESIDENTIAL DIR #1000004985 License #327940 Estimator & contact for bid day: John Popuch - 209-993-1633 Date 8/26/2016 Project name: Lodi Winery Offsite Concrete Spec Section: Concrete Inclusion • Remove & replace 227 LF of 5' sidewalk, curb & gutter. • Includes driveways. • Grading & compaction. • Removal of spoils. Exclusions: • Staking & surveying • Sawcutting & demo • Sealants & caulking • Masonry, Light standards, bollards • Bond, permits, inspections, SWPP • All other concrete Base bid amount: $34,500 Price good for 30 days P.O. Box 2570 Lodi, CA 95241 Tel. (209) 369-0829 Fax (209 367-0865 Cell (209) 993-1633 RESOLUTION NO. 2016-172 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT DEFERRAL AGREEMENT FOR 25, 27, AND 31 EAST VINE STREET WHEREAS, the owner of the property, AH Wines, Inc., has recently constructed tenant improvements to existing buildings located at 25, 27, and 31 East Vine Street; and WHEREAS, required public improvements include removal and replacement of 227 lineal feet of curb, gutter and sidewalk, and Americans with Disabilities Act compliant driveways along the north side of East Vine Street; and WHEREAS, AH Wines, Inc., has requested that the construction of the public improvements be deferred for 24 months to accommodate a request from Pacific Coast Producers to vacate the portion of East Vine Street from Stockton Street west to its termination; and WHEREAS, the Agreement requires AH Wines, Inc., to pay for the design and installation of the required improvements on East Vine Street in accordance with City standards, within 24 months, unless the Vine Street vacation request is approved by Council prior to this deadline; and WHEREAS, staff recommends authorizing the City Manager to execute an Improvement Deferral Agreement for 25, 27, and 31 East Vine Street. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an Improvement Deferral Agreement with AH Wines, Inc., for 25, 27, and 31 East Vine Street, Lodi, California, on behalf of the City of Lodi. Dated: September 21, 2016 I hereby certify that Resolution No. 2016-172 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 21, 2016 by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mayor Chandler ABSTAIN: COUNCIL MEMBERS — None NIFER FERRAIOLO City Clerk 2016-172