HomeMy WebLinkAboutAgenda Report - June 2, 2021 C-10AGENDA ITEM e'010
&IQ% CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Deferral
Agreement for 508 West Lockeford Street
MEETING DATE: June 2, 2021
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Improvement
Deferral Agreement for 508 West Lockeford Street.
BACKGROUND INFORMATION: The owner of the property located at 508 West Lockeford Street (near
the corner of Lockeford Street and Hutchins Street) has applied for a
building permit to add 748 square feet of showroom to an existing
commercial 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 $55,100. The owner is required to repair/install public improvements, consisting of the removal and
replacement of the one (1) non -ADA compliant driveway, and removal and replacement of damaged and
non -ADA compliant sidewalk fronting the subject parcel along Lockeford Street, as a condition of Building
Permit No. B2021-0427 issuance.
The property owner has requested that the off-site improvements be deferred due to the financial impact of
their business at this time and the difficulty in performing the required improvements with the driveway
fronting 504 West Lockeford Street (also non -ADA compliant) in its current location.
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 public improvements no later than June 2, 2022, or until improvements for 504 West
Lockeford Street have been requested, 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 $14,600.
Considering the impact of their business at this time and the difficulty in performing the required
improvements without improvements being required fronting 504 West Lockeford Street as well, Staff
recommends authorizing the City Manager to execute the Improvement Deferral Agreement for 508 West
Lockeford Street.
FISCAL IMPACT: Not applicable.
FUNDING: Not applicable.
Charles E. Swimley, Jr.
Public Works Director
Prepared by Karissa Kiriu, Assistant Engineer
CES/KTVK/tc
Attachment
cc: City Attorney
Deputy Public Works Director/City Engineer
\\cvcfilv02\pubwks$\WP\DEV_SERV\Developments\Commercial-Industrial\Lockeford 508 W\CC_defagmt - Lockeford 508 W doc 5/17/2021
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
MPROVEMENT DEFERRAL AGREEMENT
508 West Lockeford Street, Lodi, California
(APN 037-100-39)
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a municipal
corporation, hereinafter referred to as "City" and "MICHAEL LOCKE, Trustee of The Michael Locke Trust
dated August 20, 1997 and TERESA LEGRAND, Trustee of The Teresa LeGrand Declaration of Trust
dated August 11, 1997," 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 508 WEST LOCKEFORD STREET (APN 037-100-39) (the "Property") and described as follows:
SEE ATTACHED EXHIBIT A
WHEREAS, Owner has submitted a building permit application (#B2021-0427) to add 748 square feet of
showroom to an existing commercial building on the Property; and
WHEREAS, removal and replacement of the one (1) non -ADA compliant driveway, 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 has requested that the required off-site improvements be deferred due to the fiscal
impact of their business at this time and the difficulty in performing the required improvements with the
driveway fronting 504 West Lockeford Street in its current location; 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 508 West Lockeford 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:
Owner agrees that it is Owner's responsibility to pay for and complete the removal and replacement of
the one (1) non -ADA compliant driveway and public sidewalk in accordance with City standards along
the 508 West Lockeford Street frontage of the Property no later than June 2, 2022, or until
improvements for 504 West Lockeford Street have been requested, 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 removal and replacement of the damaged
driveway and public sidewalk 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.
K:\WP\DEV_SERV\Developments\Commercial-Industrial\Lockeford 508 W\Defagmt - Lockeford 508 W doc
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:
Michael Locke and Teresa LeGrand
1000 West Pine Street
Lodi, CA 95240
IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing
opposite their names.
Dated: 2021
Dated.
Dated:
2021
2021
CITY OF LODI, a municipal corporation
By:
Stephen Schwabauer, City Manager
Attest:
Jennifer Cusmir, City Clerk
MICHAEL LOCKE, Trustee of The Michael Locke Trust
dated August 20, 1997
By:
Name: Michael Locke
Title: Owner
TERESA LEGRAND, Trustee of The Teresa LeGrand
Declaration of Trust dated August 11, 1997
By:
Name: Teresa LeGrand
Title: Owner
Approved as to form:
Janice D. Magdich, City Attorney
Dated- 2021
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2012-024490 Page 2 of 3
02/29/2012 10:35:07 AM
ORDER NO.: 1611007670 -CG
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:
That portion of the Northeast quarter of Section 2, Township 3 North, Range 6 East, Mount
Diablo Base and Meridian, described as follows:
Beginning at a point on the West line of Hutchins Street, distant thereon North 011 31 1/2'East
135.85 feet from the South line of said Northeast quarter; thence North 880 52' West and
parallel to said South line, 147.86 feet to the East line of Barbour Tract, filed for record April 12,
1926 in Vol. 10 of Maps and Plats, Page 106, San Joaquin County Records; thence Northerly
along the East line of said Barbour Tract to the South line of Lockford Street; thence Easterly
along the South line of said Lockford Street to the West line of Parcel 2 described in the Deed
to George L. Mason, et ux, recorded November 2, 1960 in Book 2350 of Official Records, Page
127, San Joaquin County Records; thence Southerly along the West line of Parcels One and
Two described in said Deed to Mason, 105.5 feet to the Southwest corner of said Parcel One;
thence Easterly along the South line of said Parcel One, a distance of 100 feet to the West line
of said Hutchins Street; thence Southerly along the West line of said Hutchins Street to the
point of beginning.
EXCEPTING THEREFROM:
Parcel One:
A portion of the Northeast quarter of Section 2, Township 3 North, Range 6 East, Mount Diablo
Base and Meridian, described as follows:
Commencing at the intersection of the West line of Hutchins Street and the South line of
Lockeford Street, said South line of Lockeford Street being 30 feet South of the center line
thereof; thence Southerly along the West line of Hutchins Street, 5.5 feet to the true point of
beginning of the hereinafter described tract; thence Westerly parallel to said South line 200
feet; thence Southerly parallel to said West line, 100 feet; thence Easterly parallel to said South
line 100 feet to said West line of Hutchins Street; thence Northerly along said West line 100 feet
to the point of beginning.
Parcel Two:
That portion of the Northeast quarter of Section 2, Township 3 North, Range 6 East, Mount
Diablo Base and Meridian, described as follows:
Beginning at a point on the West line of Hutchins Street, distant thereon North 00 31'30" East,
135.35 feet from the South line of said Northeast quarter, thence North 8811 52' West and
parallel to said South line 99.69 feet,
Thence North 010 31' 30" West, 21.86 feet, and parallel to the West line of Hutchins Street,
Page 1 of 2
2012-024490 Page 3 of 3
02/29/2012 10:35:07 AM
Thence South 850 41' East, 100 feet, along a line 135.5 feet Southerly of and parallel to the
centerline of Lockeford Street, to the West line of Hutchins Street,
Thence South 0° 31'30" East, 22.30 feet, along the West line of Hutchins Street, to the point of
beginning.
APN:037-100-39
Page 2 of 2
RESOLUTION NO. 2021-155
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE THE IMPROVEMENT DEFERRAL
AGREEMENT FOR 508 WEST LOCKEFORD STREET
WHEREAS, the owner of the property located at 508 West Lockeford Street has applied
for a building permit to add 748 square feet of showroom to an existing commercial building on
the property; and
WHEREAS, in accordance with Lodi Municipal Code Chapter 15.44, the property owner
is required to repair/install public improvements consisting of removal and replacement of the
one (1) non -ADA compliant driveway, and removal and replacement of damaged and non -ADA
compliant sidewalk fronting the subject parcel along Lockeford Street, as a condition of Building
Permit No. 82021-0427 issuance; 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 public improvements no later than June 2, 2022; or until improvements
for 504 West Lockeford Street have been requested; or as determined by the Public Works
Director or City Council; and
WHEREAS, staff recommends authorizing the City Manager to execute an Improvement
Deferral Agreement for 508 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
508 West Lockeford Street; 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. 2021-155 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
,ENNIFEFeCUSMIR
City Clerk
2021-155