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Home My WebLink AboutAgenda Report - January 3, 1996 (16)4 a 4 CITY OF LODI COUNCII, COMMUNICATION AGENDA TITLE: Improvement Deferral Agreement for 404 North Calaveras Street (Lodi Grape Festival and Harvest Fair Grounds) MEETING DATE: January 3, 1996 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council approve the Improvement Deferral Agreement for off-site improvements (sidewalks and commercial driveway approaches) along the Lockeford Street frontage of the Lodi Grape Festival and Harvest Fair Grounds, and direct the City Manager and City Clerk to execute the Improvement Deferral Agreement (see attached Exhibit A) on behalf of the City. BACKGROUND INFORMATION: The subject property is located on Lockeford Street, between Calaveras Street and Cherokee Lane (see attached Exhibit B). The Lodi Grape Festival and Harvest Fair Association has submitted a construction application for a building permit to construct a storage building on the subject site. Existing City ordinances and policies as set forth in Title 15, Chapter 15.44 of the Lodi Municipal Code require the installation of off-site improvements in conjunction with this project. The improvements consist of installation of sidewalks and commercial driveway approaches along the Lockeford Street frontage. Since the City plans to widen Lockeford Street in the future, the Public Works Director has determined it would be in the best interest of the City to have the required sidewalk and driveway installation work done at a later date. The owner of the property, San Joaquin County, has dedicated the additional right-of-way required to accomplish the future street widening and requests that the final inspection and certificate of occupancy for the storage building be issued prior to the completion of the off-site improvements. FUNDING: Not applicable. Prepared by Sharon A. Welch, Associate CMI Engineer JLR/SAW/Im Attachments cc: City Attorney Lodi Grape Festival and Harvest Fair San Joaquin County APPROVED: CIDA404C.DOC / 1 (Jack Q Ronsko blic orks Director . Dixoh Flynn -- CityAvianager 12/27/95 r Exhibit A WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 --A-c-15-Il 32_ IMPROVEMENT DEFERRAL AGREEMENT APN 041-240-0029 THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to as "City" and the COUNTY OF SAN JOAQUIN, hereinafter referred to as "Owner'. RECITALS: Owner is the owner of that certain real property situated in the City of Lodi, County of San Joaquin, and described as follows: Commencing at the Southeast comer of the Northeast quarter of Section 1, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, and running thence along the East line of said Section 1, North 660 feet; thence North 89° 42' 30" West 1320 feet; thence south parallel to the East Zine of said Section 1, 749.1 feet; thence North 86° 26' East 1322.6 feet to the point of beginning and containing 21.35 acres, more or less. A construction application (#9546) for a building permit has been submitted for construction of a storage building on the subject parcel. Existing City ordinances and policies as set forth in Title 15, Chapter 15.44 of the Lodi Municipal Code require the installation of off-site improvements, specifically installation of sidewalks and commercial driveways, in conjunction with this project. However, the Public Works Director has determined that it would be in the best interest of the City to have the required sidewalk and commercial driveway installation work done at a later date subject to the conditions listed below. Owner therefore requests final inspection and issuance of a Certificate of Occupancy for the subject project prior to the completion of the off- site improvements. Council of the City will approve the issuance of a Certificate of Occupancy on condition that the owner first enter into and execute this agreement with the 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 will pay for and complete installation of sidewalks and commercial driveways conforming to City standards along Lockeford Street between Calaveras Street and Cherokee Lane upon written request from the City of Lodi. Construction to be completed within 90 days of the date of the written request. 2. If Owner fails to complete the required improvements within the time period specified in Item #1 above, the City is hereby authorized to complete the improvements for the account and the expense of Owner, and the Owner shall be liable to City for any excess cost or damage occasioned City thereby. 3. This agreement shall run with the land and be binding on the Owner, its heirs, successors or assigns. DEFAGMT.doc Exhibit A 4. 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. 5. 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 City of Lodi P. O. Box 3006 Lodi, CA 95240-1910 Notices required. to be given to Owner shall be addressed as follows: San Joaquin County Director of Public Works Post Office Box 1810 Stockton, CA 95201-1810 IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing opposite their names. Dated: CITY OF LODI, a Municipal Corporation 199_ By: H. Dixon Flynn, City Manager Dated: OEC 0 5 1995 199 Attest: Jennifer M. Perrin, City Clerk R(S) /GEORGE L. ER, Chairman Board of Supervisors APPROVED AS TO FORM: TERRENCE R. DERMODY Gy Counsel 1fr i By: Approved as to form: Randall A. Hays City Attorney Dated: 199_ DEFAGMT.doc 2 CALIFORNIA ALL-PURPOS. ACKNOWLEDGMENT •••••••-•"' te State of County of On December Exhibit A ATTACHMENT TO IMPROVEMENT DEFERRAL AGREEMENT APN 041-240-0029 California San Joaquin 19, 1995 Date personally appeared before me, Eileen L. Ramirez Name and Title of Officer (e.g 'Jane Doe, Notary Public") GEORGE L. BARBER, Chairman of the Board of Supervisors Name(s) of Signer(s) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/subscribed to the within instrument and acknowledged to me that he/d##+ executed the same in himauthorized capacity(ies), and that by his h J ksignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. EILEEN L. RAMIREZ 1 COMM. #1013945 r- �AIrt,.; NOTARY PUBLIC - CALIFORNLA 0 SAN JOAQUIN COUNTY —1 My Cornua Egires dart. la 191998 It 4 'u' n h 1' i T WITNESS my hand and official seal. Signature of Notary Public] OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Des • e tion of Attached Document Title or Type of • *cument: Document Date: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s Signer's Name: A 1 1 A 1 1 1 1 1 1 1 1 1 1 X 1 Number of 'ages: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Repres t. OF SIGNER jTop of thumb here ner'sfdame: l'lndMdual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here O 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder. Cell Toll -Free 1-800-876-6827 CITY OF LODI TURNER RD Exhibit B LODI GRAPE FESTIVAL PUBLIC WORKS DEPARTMENT GROUNDS I H oEl ; Stonisloua St. Columbiq Or Donner Dr. ITS° Av, Mu,rrov St. 11.";„ I 3 6 LOCKEFORD ST 1 GRAPE FESTIVAL GROUNDS Railroad Ar.I / Hnn CITY COUNCIL DAVID P. WARNER, Mayor PHILLIP A. PENNINO Mayor Pro Tempore RAY C. DAVENPORT STEPHEN J. MANN JACK A. SIEGLOCK CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6842 December 27, 1995 Mr. Mark Armstrong Lodi Grape Festival and Harvest Fair 413 East Lockeford Street Lodi, CA 95240 San Joaquin County Director of Public Works P. O. Box 1810 Stockton, CA 95201-1810 SUBJECT: Improvement Deferral Agreement for 404 North Calaveras Street (Lodi Grape Festival and Harvest Fair Grounds) H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, January 3, 1996, at 7 p.m. The meeting will be held in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to the City Clerk at 305 West Pine Street. If you wish to address the Council at the Council meeting, be sure to fill out a speaker's card (available at the Camegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Sharon Welch at (209) 333-6706 Ronsko orks Director JLR/Im Enclosure cc: City Clerk NCIDA404.DOC