HomeMy WebLinkAboutAgenda Report - November 7, 2018 C-15TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM C..115
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Deferral
Agreement for 600 West Lockeford Street
MEETING DATE: November 7, 2018
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Improvement
Deferral Agreement for 600 West Lockeford Street.
BACKGROUND INFORMATION: The owner of the property located at 600 West Lockeford Street (corner
of Lockeford Street and California Street) seeks to construct 1,300
square feet of restaurant space in an existing one story retail building on
the property. In accordance with Title 15, Chapter 15.44 of the Lodi Municipal Code, the City may require the
repairs/installation of public improvements if the value of the building improvements exceeds $51,500. The
owner is required to repair/install public improvements, consisting of the removal of one unused driveway on
California Street, removal and replacement of the three driveways that do not comply with the Americans with
Disabilities Act (ADA), and removal and replacement of damaged and non -ADA compliant sidewalk fronting
Lockeford Street and California Street, as a condition of Building Permit No. 20181268 issuance.
The property owner has agreed to complete the removal of the one unused driveway and removal and
replacement of the one northernmost non -ADA compliant driveway, fronting California Street, and has
requested that the remaining off-site improvements be deferred due to the financial impact of their business
at this time.
The owner 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 remaining public improvements no later than November 7, 2020, or as determined by the
Public Works Director in the reasonable exercise of his discretion, based on such factors as avoiding an
impact on business operations, or as determined by the City Council. The estimated cost of the deferred
improvements is $28,024.
Considering the impact of their business at this time and the owners cooperation to complete a portion of the
frontage improvements upfront, Staff recommends authorizing the City Manager to execute the Improvement
Deferral Agreement for 600 West Lockeford Street.
FISCAL IMPACT:
FUNDING
Not applicable.
Not applicable.
Charles E. Swimley, Jr.
Public Works Director
Prepared by Karissa Kiriu, Assistant Engineer
CES/KTVK/tdb
Attachment
cc: City Attorney
Deputy Public Works Director/City Engineer
APPROVED:
Stephen Schwabau--" Manager
K:\WP\DEV_SERV\Deferral Agreements\CC 600 W Lockeford St.doc
10/25/2018
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT DEFERRAL AGREEMENT
600 West Lockeford Street, Lodi, California
(APN 037-230-27)
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a municipal
corporation, hereinafter referred to as "City" and "JOHN DENIGRIS, a married man," 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 600 WEST LOCKEFORD STREET (APN 037-230-27) (the "Property") and described as follows:
SEE ATTACHED EXHIBIT "A"
WHEREAS, Owner has submitted a building permit application (#20181268) to construct 1,300 square
feet of restaurant space in an existing one story retail building on the Property; and
WHEREAS, removal of the one (1) unused driveway, removal and replacement of the three (3) non -ADA
compliant driveways, and removal and replacement of damaged and non -ADA compliant 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 agrees to complete the removal of the one (1) unused driveway and removal and
replacement of the one (1) northernmost non -ADA compliant driveway fronting California Street, and has
requested that the remaining off-site improvements be deferred due to the impact on their business at this
time; 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 remaining required 600 West Lockeford
Street and California 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 removal and replacement of
the remaining two (2) non -ADA compliant driveways and public sidewalk in accordance with City
standards, along the 600 West Lockeford Street and California Street frontage of the Property no later
than November 7, 2020, as determined by the Public Works Director in the reasonable exercise of his
discretion, based on such factors as avoiding an 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 November 7, 2020, City is hereby authorized to complete the
improvements for the account and the expense of Owner, and may file suit against Owner, its heirs,
K:\WP\DEV_SERV\Deferral Agreements\Lockeford 600 W\Defagmt - Lockeford 600 W Permit #20181268.doc
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:
JOHN DENIGRIS
1024 E VICTOR ROAD
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: 2018 By:
Stephen Schwabauer, City Manager
Dated 2018
Attest:
Jennifer Ferraiolo, City Clerk
JOHN DENIGRIS, a married man
By:
Name: John DeNigris
Title: Owner
Approved as to form:
Janice D. Magdich, City Attorney .
Dated. 2018
K:\WP\DEV_SERV\Deferral Agreements\Lockeford 600 W\Defagmt - Lockeford 600 W Permit #20181268.doc 2
2017-015419 Page 4 of 4
02/06/2017 06:44:06 AM
ORDER NO.: 1212020556
EXHIBIT A
The land referred to is situated In the County of San Joaquin, City of Lodi, State of California,
and Is described as follows:
A portion of Lot 6 of Pelrano Tract, as shown on Official Map, filed for record March 8, 1950 in
Vol. 13 of Maps and Plats, Page 56, San Joaquin County Records, and being more particularly
described as follows:
Commencing at the intersection of the Southerly line of Lockeford Street with the Westerly line
of California Avenue; thence South along the Westerly line of California Avenue, a distance of
100 feet; thence West, parallel with the Southerly line of Lockeford Street, a distance of 100
feet; thence North parallel with the Westerly line of California Avenue, a distance of 100 feet to
a point on the Southerly line of Lockeford Street; thence East along the Southerly line of
Lockeford Street a distance of 100 feet to the point of beginning.
Excepting therefrom all that portion as conveyed to Ben L. Horton, a married man, by Quitclaim
Deed dated October 28, 1955 and recorded October 31, 1955 In Volume 1804 of Official
Records, at Page 118.
Also excepting therefrom that portion described in Deed to City of Lodi, recorded June 18,
1982, Recorder's No. 82032006, San Joaquin County Records, being more particularly described
as a portion of Lot 6, Peirano Tract, as filed for record on March 8, 1950, in Vol. 13, Page 56,
Book of Maps and Plats, San Joaquin County, and more particularly described as follows:
Beginning at the Northeast corner of said Lot 6; thence North 85° 41' West along the North line
of said Lot 6, 4.00 feet; thence South 40° 45' 30" East, 5.67 feet to the East line of said Lot 6;
thence North 4. 10' East along said East line, 4.00 feet to the point of beginning.
APN: 037-230-27
Non -Order Search
Doc: CASANJ:2017 00015419
Page '1 of 1
Page 4 of 4 Requested By: jrballesteros, Printed: 10/8/2018 3:39 PM
RESOLUTION NO. 2018-207
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AN IMPROVEMENT DEFERRAL
AGREEMENT FOR 600 WEST LOCKEFORD STREET
WHEREAS, the owner of the property located at 600 West Lockeford Street (corner of
Lockeford Street and California Street) seeks to construct 1,300 square feet of restaurant space
in an existing one-story retail building on the property; and
WHEREAS, public improvements, including removal of one unused driveway on
California Street, removal and replacement of the three driveways that do not comply with the
Americans with Disabilities Act (ADA), and removal and replacement of damaged and non -ADA
compliant sidewalk fronting Lockeford Street and California Street, are required as set forth in
Lodi Municipal Code Chapter 15.44; and
WHEREAS, the property owner has agreed to complete the removal of the one unused
driveway and removal and replacement of the one northernmost non -ADA compliant driveway
fronting California Street, and has requested that the remaining off-site improvements be
deferred due to the financial impact of their business at this time; and
WHEREAS, the property owner has signed the Agreement and paid the necessary
document preparation and recording fees; and
WHEREAS, the Improvement Deferral Agreement requires the owner to pay for the
design and installation of the remaining public improvements no later than November 7, 2020,
or as determined by the Public Works Director in the reasonable exercise of his discretion,
based on such factors as avoiding an impact on business operations, or as determined by the
City Council; and
WHEREAS, staff recommends authorizing the City Manager to execute an Improvement
Deferral Agreement for 600 West Lockeford Street.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute an Improvement Deferral Agreement for
600 West Lockeford Street.
Dated: November 7, 2018
I hereby certify that Resolution No. 2018-207 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 7, 2018 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
NIFER
i y Clerk
2018-207
FERRAIOLO