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HomeMy WebLinkAboutAgenda Report - February 1, 2017 I-01CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM S 1 TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Deferral Agreement for 405 South Main Street MEETING DATE: February 1, 2017 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, seeks 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 the public improvements along Main Street due to the absence of existing frontage improvements along the entire westerly block of Main Street between Lodi Avenue and Tokay Street, as shown in Exhibit A. The estimated cost to design and install the improvements proposed for deferral is $62,000. 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. raiz_ Char es E. wimley, Jr. Public Works Director Prepared by Kimberly Sobin, Assistant Engineer CES/KAS/tdb Attachments cc: City Attorney Deputy Public Works Director/City Engineer APPROVED: e e c w- i'- r, City Manager K:\WP\DEV SERV\Deferral Agreements\CC_405 S. Main St.doc 1/23/17 CITY OF LODI PUBLIC WORKS DEPARTMENT Exhibit A 405 South Main Street User: Ichang Path: K:\WP\DEV_SERV\Deferral Agreements\405 S Main Exhibit A.mxd N W E S 1 in = 200 ft 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 2 RESOLUTION NO. 2017-14 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT DEFERRAL AGREEMENT FOR 405 SOUTH MAIN STREET WHEREAS, the owner of the property located at 405 South Main Street, Reynolds Ranches, a co -partnership, has submitted Building Permit No. 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 along the Main Street frontage is required as a condition of building permit issuance as set forth in Chapter 15.44 of the Lodi Municipal Code; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute an Improvement Deferral Agreement for 405 South Main Street. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an Improvement Deferral Agreement with Reynolds Ranches for 405 South Main Street. Dated: February 1, 2017 I hereby certify that Resolution No. 2017-14 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 1, 2017 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Nakanishi ABSTAIN: COUNCIL MEMBERS — None 2017-14 ./Txt,4 NNIFER 1. FERRAIOLO ity Clerk The City of Lodi Public Works Improvement Deferral Agreement 405 South Main Street Item 1-1 February 1, 2017 • LMC Section 15.44.030 Item 1-1 — No building permit shall be issued for a development nor shall an on-site parking facility, open storage area or other similar improvement be created or constructed within the City unless compliance is made with the public off-site improvements and dedication requirements set forth in this chapter. • Excerpt from LMC Section 15.44.040 — The city may defer compliance with the requirements of Section 15.44.030 if the public works director determines that it would be in the best interest of the City to cause all or a portion of the work to be done on an area -wide basis, provided that the property owner enters into an agreement with the City.... 2 U _ c;; Existing Sidewalk ,�dii•.i • Overview of sidewalk improvements Chestnut St 4,6 A 4 1�f •l} x 14 4'1 .,: � 41 i 1 33 E Tokay St Deferral Agreement Recorded on 5/10/12 iiittlillo 1'..4 j Stockton St. 66, Existing Sidewalk 0. • View of existing frontage at 405 South Main Street (Looking North) Item 1-1 • View of Existing Frontage at 401 South Main Street (Looking North) • View of Existing Frontage at 505 South Main Street (Looking South) • Recommendation: — Adopt a resolution authorizing the City Manager to execute Improvement Deferral Agreement for 405 South Main Street Other Improvement Deferral Agreements • An Improvement Deferral Agreement was recorded for 33 E Tokay Street on May 10, 2012 to delay the installation of the Main Street frontage • When 521 South Main Street comes in for improvements Council can call upon the agreements to install sidewalk on Main Street from Tokay Street Concerns Installing sidewalk now will create a non- contiguous section. A disconnected segment of sidewalk will not help increase ADA accessibility. Solutions • Wait to install frontage improvements until surrounding parcels will install frontage improvements at the same time. • Install frontage improvements now. 11