HomeMy WebLinkAboutAgenda Report - June 20, 2018 C-18TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM Clim
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Deferral
Agreement for 225 North Guild Avenue
MEETING DATE: June 20, 2018
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Improvement
Deferral Agreement for 225 North Guild Avenue.
BACKGROUND INFORMATION: Cepheid, located at 225 North Guild Avenue, has submitted a building
permit application (No. 20172124) to construct 10,430 square feet of
manufacturing facility inside of the existing warehouse building on the
property, as shown in Exhibit A.
Removal and replacement of four non -ADA compliant 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.
Cepheid desires to comply with existing City ordinances and policies regarding off-site improvements but
has requested the requirement be deferred until December 31, 2018; however, the Improvement Deferral
Agreement (Agreement) allows the deferred public improvements to be constructed no later than June 30,
2019, to allow for unexpected delays. The purpose of the deferral request is to avoid impact to their
business operation and to plan for the diversion of truck traffic during the driveway replacement, as
articulated in the letter dated December 12, 2017 (Exhibit B).
The property owner of the Cepheid facility, Mid -Valley Development, has signed the Agreement and paid
the necessary document preparation and recording fees. The Agreement requires the owner to pay for and
complete the public improvements on Guild Avenue and Victor Road no later than June 30, 2019, as
determined by the Public Works Director, or as determined by the City Council.
Considering the operational impacts on business operations, staff recommends authorizing the City
Manager to execute the Improvement Deferral Agreement for 225 North Guild Avenue.
FISCAL IMPACT: Not applicable.
FUNDING: Not applicable.
Charles E. Swimley, Jr.
Public Works Director
Prepared by Lyman Chang, Deputy Public Works Director/City Engineer
CES/LC/tdb
Attachments
cc: City Attorney
Deputy Public Works Director/City Engineer
Assistant Engineer, Kiriu
Senior Engineering Technician, Wiman
APPROVED:
Stephen Schwaba'er, City Manager
K:\WP\DEV_SERV\Deferral Agreements\Guild 225 N\CC_225 N Guild Ave.doc
6/6/2018
Legend
O 225 N Guild (Cepheid)
E3s?i D'igitialGiobe
EXHIBIT A
225 N GUILD AVENUE
s
1 inch = 100 feet
Cepheid.-
Matthew Gaylor-Sr. Facility Manager
225 N Guild Ave
Lodi, CA 95240
April 10, 2018
Kimberly and Lyman
Assistant Engineer and City Engineer/Deputy Public Works Director
City of Lodi
City Hall, 221 West Pine Street
Lodi, CA 95241
Subject: Construction Application # 20172124
Deferment of driveway modifications for site (225 N. Guild Ave)
Dear Kimberly and Lyman:
This letter is to confirm our discussions and agreement made with Cepheid and the City of Lodi on
December 12, 2017. In our review of construction application # 20172124; it was identified that exterior
road way modifications would be required per Lodi City Municipal Code (Chapter 15.44). Due to the
impact of our business, Cepheid and the City of Lodi have agreed to complete the following:
Cepheid
1. Defer road work required to later in 2018 calendar year
2. Complete required drive way ADA compliance upgrade in 2018 in phases
3. Pay deferment and associated document fee costs
City of Lodi
1. Allow Cepheid to defer road work to a later date in 2018 calendar year
2. Remove this roadwork requirement from the current POD F, G and H construction permit #
20172124 (this will allow for Cepheid to close out permit and not keep open due to delayed road
work)
We appreciate the flexibility, support and collaborative approach to this request. Cepheid will ensure
roadwork is complete in the 2018 calendar year. Furthermore, Cepheid appreciates the support in
allowing us to close out our current construction permit (20172124) before this road work is completed.
Should any questions arise, please do not hesitate to contact me direct. Thank you.
incerely,
M tthew Gaylor-Sr. Facility Manager
408-400-4408/209-200-5577
matthew.aavlor a(ceoheid.com
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT DEFERRAL AGREEMENT
225 North Guild Avenue, Lodi, California
(APN 049-320-11)
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a municipal
corporation, hereinafter referred to as "City" and "MID -VALLEY DEVELOPMENT (CAL) 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 225 NORTH GUILD AVENUE (APN 049-320-11) (the "Property") and described as follows:
SEE ATTACHED EXHIBIT "A"
WHEREAS, Owner has submitted a building permit application (#20172124) to construct 10,430 square
feet of facility space in an existing one story manufacturing building on the Property; and
WHEREAS, removal and replacement of the four (4) non -ADA compliant driveways and cracked 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 a date in the
2019 calendar year due to the impact of 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 required 225 North Guild Avenue and Victor
Road 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 four (4) non -ADA compliant driveways and public sidewalk in accordance with City standards,
along the 225 North Guild Avenue and Victor Road frontage of the Property no later than June 30,
2019, 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 June 30, 2019, 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.
K:\WP\DEV_SERV\Deferral Agreements\Defagmt - Guild 225 N Permit #20172124.doc 1
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. 0
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. 0. Box 3006
Lodi, CA 95240-1910
Notices required to be given to Owner shall be addressed as follows:
MID VALLEY DEVELOPMENT LLC
55 PALM AVENUE
LOS GATOS, CA 95030
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
MID -VALLEY DEVELOPMENT (CAL), LLC, a California
limited liability company
By:
Name:
Title:
Approved as to form:
Janice D. Magdich, City Attorney '
rie
Dated: 2018
K:\WP\DEV_SERV\Deferral Agreements\Defagmt - Guild 225 N Permit #20172124 doc 2
Escrow No.: 14 -5016528 -NN
Locate Na: 10-0000448926
Title No.: 14 -448926 -LM
2014-080604 Page 4 of 4
08/15/2014 08:21:59 AM
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA OF THE, COUNTY OF SAN
JOAQUIN, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
A parcel of land being a portion of the Southeast Quarter of Section 6, Township 3 North, Range 7 East, Mount Diablo Base
and Meridian and also being a portion of Parcel 1 as shown on that certain Map filed for record on September 26, 1991 in
Book 17 of Parcel Maps, at Page 197, San Joaquin County Records, as amended by Certificate of Correction recorded August
19, 1999, Instrument No. 99105626 and recorded November 16, 2012, Instrument No. 2012-150762, of Official Records,
more particularly described as follows:
Commenting at the Southeast comer of said Parcel 1, said point also being on the West right-of-way of Guild Avenue; thence
along said West right-of-way North 01° 06' 00" West 62.52 feet to the TRUE POINT OF BEGINNING; thence leaving said
West right-of-way North 89° 52' 00" West 490.31 feet to a point on the West property line of said Parcel 1; thence along said
West properly line North 01° 08' 30" West 355.71 feet to the Northwest comer of said Parcel 1, said point also being on the
Southerly night -of -way of State Highway Route No. 12; thence along said Southerly right-of-way North 89° 25' 30° East
469.86 feet; thence leaving said Southerly right-of-way South 45° 06' 27" East 34.97 feet to a point on said West right-of-way
of Guild Avenue; thence along said West right-of-way South 00° 21' 60" West 144.18 feet; thence continuing along said West
right-of-way South 01°06' 00" East 192.67 feet to the true point of beginning.
PARCEL TWO:
All that portion of PARCEL "B" as said parcel is shown on map filed for record February 4, 1985 in Book 13 of Parcel Maps,
page 67, San Joaquin County Records, lying northerly and northeasterly of the northerly and northeasterly boundary lines
of Parcel One herein above described.
APN: 049-320-11
Exhibit Page - Legal(e ibItXOe-o7)
Non -Order Search
Doc: CASANJ:2014 00080604
Page 4 of 4 Requested By: jrballesteros, Printed: 5/22/2018 8:33 AM
RESOLUTION NO. 2018-126
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE THE IMPROVEMENT
DEFERRAL AGREEMENT FOR 225 NORTH GUILD AVENUE
WHEREAS, Cepheid, located at 225 North Guild Avenue, has submitted a building
permit application (No. 20172124) to construct 10,430 square feet of manufacturing facility
inside of the existing warehouse building on the property; and
WHEREAS, removal and replacement of four non -ADA compliant 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 Lodi Municipal Code Chapter 15.44; and
WHEREAS, Cepheid desires to comply with existing City ordinances and policies
regarding off-site improvements but has requested the requirement be deferred until December
31, 2018; however, the Improvement Deferral Agreement (Agreement) allows the deferred
public improvements to be constructed no later than June 30, 2019, to allow for unexpected
delays; and
WHEREAS, the property owner of the Cepheid facility, Mid -Valley Development, 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 and
complete the public improvements on Guild Avenue and Victor Road no later than
June 30, 2019, as determined by the Public Works Director, or as determined by City Council;
and
WHEREAS, staff recommends authorizing the City Manager to execute the
Improvement Deferral Agreement for 225 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 for
225 North Guild Avenue.
Dated: June 20, 2018
I hereby certify that Resolution No. 2018-126 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 20, 2018 by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Chandler
ABSTAIN: COUNCIL MEMBERS — None
NNIFE
City Clerk
2018-126
FERRAIOLO