HomeMy WebLinkAboutAgenda Report - April 19, 2017 C-14TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM egn14
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Deferral
Agreement for 770 North Guild Avenue
MEETING DATE: April 19, 2017
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Improvement
Deferral Agreement for 770 North Guild Avenue.
BACKGROUND INFORMATION: The owner of the property located at 770 North Guild Avenue,
Parineh's Exchange 2004, LLC, a California limited liability company,
has submitted a building permit application (#20162873) to install an
interior modular office inside of the existing warehouse building on the property, as shown in Exhibit A.
Removal and replacement of the two broken access driveways and damaged public sidewalk fronting the
subject parcel 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.
Parineh's Exchange 2004, LLC, desires to comply with existing City ordinances and policies regarding off-
site improvements but has requested the requirement be deferred until September 30, 2018. The purpose
of the deferral request is to allow time to budget for improvement costs and to plan for the diversion of truck
traffic without affecting deliveries to customers, as articulated in the letter dated March 13, 2017 (Exhibit B).
Parineh's Exchange 2004, LLC, has signed the Deferral Agreement and paid the necessary document
preparation and recording fees. The Improvement Deferral Agreement requires the owner to pay for and
complete the public improvements on Guild Avenue by September 30, 2018, as determined by the Public
Works Director, or as determined by the City Council.
Considering the financial and operational impacts on business operations, staff recommends authorizing the
City Manager to execute the Improvement Deferral Agreement for 770 North Guild Avenue.
FISCAL IMPACT:
FUNDING:
Not applicable.
Not applicable.
Prepared by Kimberly Sobin, Assistant Engineer
CES/KAS/tdb
Attachments
cc: City Attorney
Deputy Public Works Director/City Engineer
Parineh's Exchange 2004, LLC
et,s2s
Charles E. Swimley, Jr.
Public Works Director
APPROVED:
SM
5 • - chwabaue , Manager
K:\WP\DEV_SERV\Deferral Agreements\Guild 770 N\CC_770 N Guild Ave.doc 4/3/17
User: ksobin
Path: C:\Users\ksobin\Desktop\Guild 770 N Exh A.mxd
Source: Esri, Digitallobe,G� e' Eyye, Earthstar Geographics, CNES/Airbus
DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
Exhibit A
770 North Guild Avenue
W E
1 in = 500 ft
Constellation Brands Inc.
50950 E. Woodbridge Rd
Acampo, CA 95220
Tel: 209-365-8137
To:
City of Lodi
Public Works Department
Att: Mr. Charlie Swimley
Date: March 13, 2017
Re: Constellation Brands Permit # 20162873: Request for Deferral of Public Works Item
Dear Sir,
This is to request the deferral of the following items due to timing and budget constraints at the
Lodi Distribution Centre located at: 770 N Guild Ave in Lodi.
1. Remove and replace broken North entrance driveway per City of Lodi Standard Plan 111
2. Remove and Replace damaged public sideway fronting the subject parcel per City of
Lodi Standard Plan 117
The deferral will give us an opportunity to plan for truck traffic without affecting deliveries to
our customers. We will budget, schedule and execute these items in Summer, 2018.
The rest of the items on the Permit will be completed as per the permit requirements.
Thank you for your understanding on this matter.
If you have any questions, please free to contact the undersigned.
Sincerely,
J mes Mmbando
Manager, Engineering Projects. Tel: 209-365-8137
Copy: Anderson Litfin Inc. (Jon General Contractor), Ramon Magdaleno, Sr. Director, LDC
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT DEFERRAL AGREEMENT
770 North Guild Avenue, Lodi, California
(APN 049-340-34)
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a municipal
corporation, hereinafter referred to as "City" PARINEH'S EXCHANGE 2004, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY, 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 770 NORTH GUILD AVENUE (APN 049-340-34) (the "Property") and described as
follows:
PARCEL 1
ALL THAT CERTAIN REAL PROPERTY IDENTIFIED IN THAT CERTAIN CERTIFICATE OF LOT
LINE ADJUSTMENT ISSUED BY THE CITY OF LODI REFERENCING FILE NO.: 00-R 010,
RECORDED MARCH 16, 2001 AS INSTRUMENT NO. 01037303, SAN JOAQUIN COUNTY
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN REAL PROPERTY BEING ALL LOTS 32, 33 AND 34 OF THE EDDLEMAN
TRACT, AS SHOWN ON THE MAP FILED FOR RECORD DECEMBER 23, 1887 IN VOL. 1 OF
MAPS AND PLATS, AT PAGE 26, SAN JOAQUIN COUNTY RECORDS AND ADJOINING LANDS
LYING WITHIN THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 7 EAST,
MOUNT DIABLO BASE AND MERIDIAN, THE HEREIN DESCRIBED LANDS ARE ALSO SHOWN
AS THE 39.927 MORE OR LESS ACRE PARCEL ON THE MAP FILED FOR RECORD IN BOOK
34 OF SURVEYS, PAGE 131, SAN JOAQUIN COUNTY RECORDS, LYING WITHIN THE CITY
OF LODI, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 34, ALSO BEING THE
NORTHWEST CORNER OF SAID SURVEY; THENCE ALONG THE NORTHERLY LINE OF SAID
LOTS 34, 33 AND 32 SAID NORTH LINE ALSO BEING THE CENTERLINE OF LIME STREET, A
NON -MAINTAINED ROAD, SOUTH 88° 47' 46" EAST 988.70 FEET TO THE NORTHEAST
CORNER OF SAID LOT 32; THENCE ALONG THE EAST LINE OF SAID LOT 32, SOUTH 00° 01'
12" EAST 690.90 FEET TO THE SOUTHEAST CORNER OF SAID LOT 32; THENCE ALONG
THE SOUTH LINE OF LOT 31 OF SAID EDDLEMAN TRACT, SOUTH 88° 48' 15" EAST 329.53
FEET TO A POINT IN THE WEST LINE OF THE CENTRAL CALIFORNIA TRACTION COMPANY
RIGHT-OF-WAY; THENCE ALONG THE SAID WEST LINE, SOUTH 00° 01' 00" EAST 824,48
FEET TO THE SOUTHEAST CORNER OF SAID SURVEY; THENCE LEAVING SAID WEST LINE,
NORTH 88° 50' 06" WEST 1,317.89 FEET TO A POINT TO THE CENTERLINE OF GUILD
AVENUE ALSO BEING THE EAST LINE OF LOTS 4, 6, 8, 10 AND 12 OF SAID EDDLEMAN
TRACT AND THE SOUTHWEST CORNER OF SAID SURVEY; THENCE ALONG SAID
CENTERLINE, NORTH 00° 01' 50" WEST 1,485.23 FEET TO THE POINT OF BEGINNING.
BASIS OF BEARINGS: THE EAST LINE OF SAID SECTION 6 WHICH BEARS NORTH 00° 01'
00" WEST.
PARCEL TWO:
LOT 31 AS SHOWN UPON MAP ENTITLED, EDDLEMAN TRACT, FILED FOR RECORD
DECEMBER 23, 1887, IN VOL. 1 OF MAPS AND PLATS, SAN JOAQUIN COUNTY RECORDS.
K.\WP\DEV_SERV\Deferral Agreements\Guild 770 N doc
WHEREAS, Owner has submitted a building permit application (#20162873) to install an interior
modular office inside of the existing warehouse building on the Property; and
WHEREAS, removal and replacement of the two broken access driveways and damaged public
sidewalk fronting the subject parcel 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, Owner has requested that the required off-site improvements be deferred to allow time
to plan for the diversion of truck traffic without affecting deliveries to customers; and
WHEREAS, the Public Works Director has determined that it would be in the best interest of the
City and the applicant to have the off-site improvements installed at a later date; and
WHEREAS, the City Council will approve the deferral of the required Guild Avenue 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:
Owner agrees that it is Owner's responsibility to pay for and complete the removal and
replacement of the driveways and public sidewalk in accordance with City standards, along the
Guild Avenue frontage of the Property by September 30, 2018, as determined by the Public
Works Director in the reasonable exercise of his discretion, based on such factors as planning
for truck traffic diversion to avoid impact on business operations, and concurrence by the City
Council. In the event Owner fails to complete the removal and replacement of the damaged
driveways and public sidewalk by September 30, 2018, 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 City's attorney fees and costs incurred in connection with such litigation for
the collection of the monies due or may file a lien against the Property for the fees and costs
incurred.
2. This Agreement shall run with the Property and be binding on the Owner, its heirs, successors
and assigns.
3. A copy of this 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:
The Robert Mondavi Corporation
Attention: Bob Phillips
901 Kaiser Road
Napa, CA 94558
2
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: 2017 By
Stephen Schwabauer, City Manager
Dated 2017
Attest:
Jennifer Ferraiolo, City Clerk
PARINEH'S EXCHANGE 2004, LLC, a California
limited liability company
By:
Name:
Title:
Approved as to form
Janice D. Magdich, City Attorney
Dated 2017
3
RESOLUTION NO. 2017-67
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE THE IMPROVEMENT
DEFERRAL AGREEMENT FOR 770 NORTH GUILD AVENUE
WHEREAS, the owner of the property located at 770 North Guild Avenue, Parineh's
Exchange 2004, LLC, a California limited liability company, has submitted a building permit
application (No. 20162873) to install an interior modular office inside of the existing warehouse
building on the property; and
WHEREAS, removal and replacement of the two broken access driveways and
damaged public sidewalk fronting the subject parcel 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, Parineh's Exchange 2004, LLC, has requested that the required off-site
improvements be deferred until September 30, 2018, to allow time to budget for improvement
costs and plan for the diversion of truck traffic without affecting deliveries to customers; and
WHEREAS, the Improvement Deferral Agreement requires the owner to pay for and
complete the public improvements on Guild Avenue by September 30, 2018, as determined by
the Public Works Director, or as determined by the City Council; and
WHEREAS, staff recommends that the City Council authorize the City Manager to
execute the Improvement Deferral Agreement for 770 North Guild Avenue.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute the Improvement Deferral Agreement with Parineh's
Exchange 2004, LLC, a California limited liability company, for 770 North Guild Avenue.
Dated: April 19, 2017
I hereby certify that Resolution No. 2017-67 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 19, 2017 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
2017-67
NIFER FERRAIOLO
ity Clerk
CITY COUNCIL
DOUG KUEHNE, Mayor
ALAN NAKANISHI,
Mayor Pro Tempore
MARK CHANDLER
BOB JOHNSON
JOANNE MOUNCE
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706 / FAX (209) 333-6710
EMAIL: pwdept@lodi.gov
www lodi.gov
April 13, 2017
Parineh's Exchange 2004, LLC
770 North Guild Avenue
Lodi, CA 95240
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
CHARLES E. SWIMLEY, JR.
Public Works Director
SUBJECT: Adopt Resolution Authorizing City Manager to Execute Improvement
Deferral Agreement for 770 North Guild Avenue
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, April 19, 2017. The meeting will be held at 7 p.m. 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 City Hall, 221 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 Carnegie 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 M. Ferraiolo, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Kimberly Sobin at (209) 333-
6716.
Ch.- rtes E. Swimley, Jr.
T Public Works Director
CES/tdb
Enclosure
cc: City Clerk