Loading...
HomeMy WebLinkAboutAgenda Report - June 2, 2021 C-09CiAGENDA ITEM O"" &16% CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Deferral Agreement for 1600 North Guild Avenue MEETING DATE: June 2, 2021 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Improvement Deferral Agreement for 1600 North Guild Avenue. BACKGROUND INFORMATION: The owner of the property located at 1600 North Guild Avenue (corner of Guild Avenue and Turner Road) has applied for a building permit to replace a 4000 amp electrical service for an existing industrial building on the property. The estimated value of the proposed work is $150,000. 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 $55,100. Since the value of the proposed work exceeds $55,100, the owner is required to complete public improvements that include the installation of approximately 35 LF of sidewalk and one (1) driveway fronting the subject parcel along Guild Avenue and Turner Road, and dedication of necessary Public Utility Easement(s) required to provide public services to the property as a condition of Building Permit No. B2021-0705 issuance. The property owner has requested these improvements and dedications be deferred in order to accommodate their strict timeline to complete the project and maintain a safe environment for their tenants, employees and visitors. 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 improvements no later than June 2, 2022 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 $55,000. Considering the emergent nature of their project, Staff recommends authorizing the City Manager to execute the Improvement Deferral Agreement for 1600 North Guild Avenue. FISCAL IMPACT: Not applicable. FUNDING: Not applicable. ct-�� Charles E. Swimley, Jr. Public Works Director Prepared by Karissa Kiriu, Assistant Engineer CES/KTVK/cd Attachment cc: City Attorney Deputy Public Works Director/City Engineer \\cvcfilv02\pubwks$\WP\DEV_SERV\Developments\Commercial-Industrial\Guild 1160 N\CC_defagmt - Guild 1160 N.doc 5/19/2021 WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 96240 IMPROVEMENT DEFERRAL AGREEMENT 1160 North Guild Avenue, Lodi, California (APN 049-330-25) THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a municipal corporation, hereinafter referred to as "City" and "CRANBROOK REALTY INVESTMENT FUND, L.P., a California limited 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 1160 NORTH GUILD AVENUE (APN 049-330-25) (the "Property") and described as follows: SEE ATTACHED EXHIBIT A WHEREAS, Owner has submitted a building permit application (#B2021-0705) to replace a 4000 amp switchgear for an existing industrial building on the Property; and WHEREAS, installation of sidewalk and one (1) driveway fronting the subject parcel along Guild Avenue and Turner Road, dedication of the necessary Public Utility Easement(s) for the new water service connection in preparation of the City's abandonment of the existing 14 -inch water main currently being utilized (connection to be done by City Forces at the City's expense), and dedication of a 10 -foot Public Utility Easement for the dry utilities fronting Guild Avenue and Turner Road are 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 and easement dedications in conjunction with the above referenced building permit; and WHEREAS, Owner has requested that the required improvements and easement dedications be deferred due to the fiscal impact of their business at this time and the emergency nature of the project; 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 improvements installed and easements dedicated at a later date; and WHEREAS, the City Council will approve the deferral of the required 1160 North Guild Avenue improvements and dedications 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 installation of sidewalk and one (1) driveway fronting the subject parcel along Guild Avenue and Turner Road, dedication of the necessary Public Utility Easement(s) for the new water service connection in preparation of the City's abandonment of the existing 14 -inch water main currently being utilized (connection to be done by City Forces at the City's expense), and dedication of a 10 -foot Public Utility Easement for the dry utilities fronting Guild Avenue and Turner Road in accordance with City standards no later than June 2, 2022 or at the request of the City, whichever occurs first, 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 K:\WP\DEV_SERV\Developments\Commercial-Industrial\Guild 1160 N\Defagmt -Guild 1160 N.doc improvements and dedications by June 2, 2022, 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: Cranbrook Realty Investment Fund, L.P. 4701 Sisk Road, Suite 101 Modesto, CA 95356 IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing opposite their names. Dated: CITY OF LODI, a municipal corporation 2021 By: Stephen Schwabauer, City Manager Attest: Jennifer Cusmir, City Clerk CRANBROOK REALTY INVESTMENT FUND, L.P., a California limited partnership Dated: 2021 By: Approved as to form: Name- Title: Janice D. Magdich, City Attorney \ Dated: 2021 K:\WP\DEV_SERV\Developments\Commercial-Industrial\Guild 1160 N\Defagmt - Guild 1160 N doc EXHIBIT A The land referred to herein below is situated in the City of Lodi, County of San Joaquin, State of California and is described as follows: BEGINNING at the northwest corner of Lot 26 of the EDDLEMAN TRACT as filed in Volume 1 of Maps and Plats, Page 26, San Joaquin County Records; thence easterly along the centerline of Filbert Street, now abandoned, to its easterly boundary; thence along the east boundary of EDDLEMAN TRACT to the southeast corner of Lot 23 of said map; thence westerly to the southwest corner of said Lot 26; thence northerly to the POINT OF BEGINNING. TOGETHER WITH the east 27.00 feet of Parcel 1 as depicted on that Map filed in Book 24 of Parcel Maps, page 187, San Joaquin County Records. ALSO TOGETHER WITH the north 3.00 feet of Lots 27 and 28 of the EDDLEMAN TRACT, as filed in Volume 1 of Maps and Plats, Page 26, San Joaquin County Records. ALSO TOGETHER WITH the north 136.00 feet of the west 50 feet of said Lot 27. ALSO TOGETHER WITH the south 20.00 feet of Lots 20 and 21 of said map. RESOLUTION NO. 2021-154 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT DEFERRAL AGREEMENT FOR 1600 NORTH GUILD AVENUE WHEREAS, the owner of the property located at 1600 North Guild Avenue has applied for a building permit to replace a 4000 amp electrical service for an existing industrial building; and WHEREAS, in accordance with Lodi Municipal Code Chapter 15.44, the property owner is required to repair/install public improvements consisting of the installation of approximately 35 linear feet of sidewalk and one driveway fronting the subject parcel along Guild Avenue and Turner Road, and dedication of necessary Public Utility Easement(s) required to provide public services to the property, as a condition of Building Permit No. B2021-0705 issuance; and WHEREAS, the property owner has signed the Agreement and paid the necessary document preparation and recording fees; and WHEREAS, the Improvement Deferra design and installation of public improvements the Public Works Director or City Council; and Agreement requires the owner to pay for the no later than June 2, 2022, or as determined by WHEREAS, staff recommends authorizing the City Manager to execute an Improvement Deferral Agreement for 1600 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 1600 North Guild Avenue; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: June 2, 2021 I hereby certify that Resolution No. 2021-154 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 2, 2021 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None / JENNIFER CUSMIR City Clerk 2021-154