HomeMy WebLinkAboutResolutions - No. 2009-156RESOLUTION NO. 2009-156
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING SECOND SUPPLEMENTAL AGREEMENT TO
PIXLEY PARK PROPERTY EXCHANGE AGREEMENT AND
IMPROVEMENTAGREEMENT
WHEREAS, the City of Lodi and the developer, G -REM, Inc., entered into a land
exchange agreement in December 2004 to reconfigure the Pixley Park C -Basin to allow
development of the park site per the approved Pixley Park Conceptual Plan. As part of the land
exchange agreement, the developer agreed to construct all the required frontage improvements
fronting the proposed park site on Auto Center Drive and to excavate the basin to conform to
the final grading of the future park layout. The executed agreement gave the developer until
December 2007 to complete the obligations of the agreement; and
WHEREAS, the developer entered into a Supplemental Agreement with the City on
January 23, 2008, to extend the completion of the basin excavation to December 2009, due to
difficulties in moving and selling the excavated soil; and
WHEREAS, the developer requested to extend the completion date of the improvement
agreement and the original land exchange agreement to allow extra time to complete all the
required improvements and grading of the park site. Since the City does not currently have
funds to construct the proposed features at the park site, staff supports an extension to the
completion date of the basin excavation and land exchange to December 31,201 1; and
WHEREAS, the developer has executed the supplemental agreement and paid the
document preparation fees.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the Second Supplemental Agreement to the Pixley Park Property Exchange Agreement and
ImprovementAgreement with G -REM, Inc.; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the City
Manager and City Clerk to execute the agreement on behalf of the City.
Dated: November4,2009
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hereby certify that Resolution No. 2009-156 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held November4, 2009, by the following vote:
AYES: COUNCIL MEMBERS— Hitchcock, Johnson, Katzakian, and
Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
2009-156
OHL
City Clerk