HomeMy WebLinkAboutAgenda Report - December 21, 2016 C-08CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Deferral
Agreement for 405 South Main Street
MEETING DATE: December 21, 2016
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Improvement
Deferral Agreement for 405 South Main Street.
BACKGROUND INFORMATION: The owner of the property located at 405 South Main Street, Reynolds
Ranches, a co -partnership, has submitted building permit number
20162575 to add a pre-engineered metal building extension to
the existing warehouse building on the property. Installation of public improvements consisting of sidewalk,
curb, gutter, pavement, and street lights along the Main Street frontage is required as a condition of building
permit issuance as set forth in Title 15, Chapter 15.44 of the Lodi Municipal Code.
The property owner has requested to defer construction of public improvements along Main Street due to
the absence of existing frontage improvements along adjacent properties, as shown in Exhibit A. Reynolds
Ranches has signed the Improvement Deferral Agreement and paid the necessary document preparation
and recording fees. The Improvement Deferral Agreement requires the owner to pay for the design and
installation of the public improvements at the request of the Public Works Director, in the reasonable
exercise of his discretion, based on such factors as related and adjacent development in the area, or as
determined by the City Council.
Considering the absence of existing frontage improvements along Main Street, staff recommends
authorizing the City Manager to the execute Improvement Deferral Agreement for 405 South Main Street.
FISCAL IMPACT: Not applicable.
FUNDING: Not applicable.
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:
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St een chW‘-auer, ity Manager
K:\WP\DEV_SERV\Deferral Agreements\CC_405 S. Main St.doc 12/12/16
CITY OF LODI
PUBLIC WORKS DEPARTMENT
Exhibit A
405 South Main Street
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WHEN RECORDED, RETURN TO
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT DEFERRAL AGREEMENT
405 South Main Street, Lodi, California
(APN 047-020-56)
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a municipal
corporation, hereinafter referred to as "City' and REYNOLDS RANCHES, A CO -PARTNERSHIP,
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,
known as 405 S MAIN STREET (APN 047-020-56) (the "Property") and described as follows:
PARCEL 1:
LOTS 9, 10, 11, 12, AND 13 IN BLOCK "A" AS SHOWN UPON MAP ENTITLED "PLAT OF
SUBDIVISIONS OF LOT SEVENTY-TWO (72) OF LODI BARNHARDT TRACT", FILED FOR
RECORD JULY 8, 1908, IN VOL. 4 OF MAPS AND PLATS, PAGE 30, SAN JOAQUIN COUNTY
RECORDS.
TOGETHER WITH THE NORTHERLY'/ OF LOT 14, IN SAID BLOCK "A", AS ABANDONED BY
THE CTIY OF LODI, AS SET FORTH IN THAT CERTAIN ORDER VACATING THAT PORTION
OF FLORA STREET LYING WEST OF MAIN STREET, RECORDED SEPTEMBER 13, 1956 IN
BOOK 1901, PAGE 388, SAN JOAQUIN COUNTY RECORDS.
EXCEPTING THEREFROM THE WEST 74.8 FEET THEREOF AS CONVEYED TO SOUTHERN
PACIFIC COMPANY, A CORPORATION, BY DEED RECORDED NOVEMBER 26, 1908, IN BOOK
"A" OF DEEDS, VOL. 175, PAGE 27.
WHEREAS, Owner has submitted a building permit application (#20162575) to add a pre-
engineered metal building extension to the existing warehouse building on the Property; and
WHEREAS, installation of public improvements consisting of sidewalk, curb, gutter, pavement and
street lights is 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; and
WHEREAS, Owner is desirous of complying with existing City ordinances and policies regarding the
installation of off-site improvements in conjunction with the above referenced building permit; and
WHEREAS, sidewalk, curb, gutter, pavement and street light improvements have not been installed
on the adjacent commercial properties on Main Street and Owner has requested that the required
off-site improvements be deferred; and
WHEREAS, the Public Works Director has determined that it would be in the best interest of the
City to have the off-site improvements installed at a later date; and
WHEREAS, the City Council will approve the deferral of the required Main Street improvements on
condition that the Owner first enter into and execute 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 that it is Owner's responsibility to pay for and complete the design and
installation of sidewalk, curb, gutter, pavement and street lights in accordance with City
standards, along the Main Street frontage of the Property at such a date as determined by the
C:\Users\ksobin\DocumentsWlain 405 S.doc 1
Public Works Director in the reasonable exercise of his discretion, based on such factors as
related or adjacent development in the area, as determined by the City Council. Should Owner
fail to complete the design and installation of sidewalk within 180 days after written notice is
given by the City, the City is hereby authorized to complete the improvements for the account
and the expense of Owner, and may file suit against Owner, its heirs, successors or assigns for
the costs incurred, as well as for a reasonable sum to be allowed as and for the City's attorney
fees incurred in connection with such litigation for the collection of the monies due or may file a
lien against the Property for the costs incurred.
2. This Agreement shall run with the land and be binding on the Owner, its heirs, successors and
assigns.
3. 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.
4. 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:
Reynolds Ranches
33 East Tokay Street
Lodi, CA 95240
IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year
appearing opposite their names.
CITY OF LODI, a municipal corporation
Dated: 2016 By:
Stephen Schwabauer, City Manager
Dated: Nou L M.l.. � l5, 2016
Approved as to f
Attest:
Jennifer Ferraiolo, City Clerk
OWNER Reynolds Ranches, a co -partnership
Donna L. Reynolds, &ger of Partner
Donald R. Reynolds Family, LLC
•
Janice -C? Magdich, City Attorney
Dated: roe_akiJae_e- 1.7;- 2016
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