HomeMy WebLinkAboutAgenda Report - September 1, 2021 C-10AGENDA ITEM CO- 1()'
CITY OF LODI
COUNCIL COMi n f N ICATION
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AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Deferral
Agreement for 820 South Cherokee Lane
MEETING DATE: September 1, 2021
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Improvement
Deferral Agreement for 820 South Cherokee Lane.
BACKGROUND INFORMATION: The owner of the property located at 820 South Cherokee Lane has
applied for a building permit to install a new electrical subpanel and car
wash equipment for an existing car wash facility on the property. The
estimated value of the proposed work is $110,945. In accordance with Title 15, Chapter 15-44 of the Lodi
Municipal Code, the City may require the repairstiinstallation of public improvements along the property
frontage 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 250 LF of sidewalk and removal and replacement
of three (3) non -ADA compliant driveways fronting the subject parcel along Cherokee Lane as a condition of
Building Permit No. B2021-0870 issuance_
The property owner has requested these improvements be deferred due to the financial impact of their
business at this time and in order to complete their project and maintain a safe environment for their
employees and customers.
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 August 18, 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
$49,495.
Considering the impact of their business at this time and emergency nature of their project, Staff
recommends authorizing the City Manager to execute the Improvement Deferral Agreement for 820 South
Cherokee Lane.
FISCAL IMPACT: Not applicable.
FUNDING: Not applicable.
Charles E. Swimley, Jr.
Public Works Director
Prepared by Karissa Mriu, Assistant Engineer
CES/ MMod
Attachment
cc: City Attorney
Deputy Public Works Director/City Engineer
APPROVED: Steve Schwabauer
Stephen Schwabauer, City Manager
\kwcfitvD2%pubwkWWPWEV_SERVEDevelopmenIS Commercial-IndusWal%Cherokee 820 S%CC_defagmt- Cherokee 820 S.doc 8/17/2021
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT DEFERRAL AGREEMENT
820 South Cherokee Lane, Lodi, California
(APN 047-420-05)
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a municipal
corporation, hereinafter referred to as "City" and "SONDH INC., a California corporation," 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 820 SOUTH CHEROKEE LANE (APN 047-420-05) (the "Property") and described as follows:
SEE ATTACHED EXHIBIT A
WHEREAS, Owner has submitted a building permit application (#B2021-0870) to install a new subpanel
and car wash equipment for an existing car wash facility on the Property; and
WHEREAS, installation of 7 -foot wide sidewalk and removal and replacement of three (3) non -ADA
compliant driveways fronting the subject parcel along Cherokee Lane 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 improvements 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 at a later date; and
WHEREAS, the City Council will approve the deferral of the required 820 South Cherokee Lane
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 installation of 7 -foot wide
sidewalk and removal and replacement of three (3) non -ADA compliant driveways fronting the subject
parcel along Cherokee Lane in accordance with City standards no later than August 18, 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
improvements by August 18, 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.
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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:
Sondh Inc.
386 Parker Avenue
Rodeo, CA 94572
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: 2021 By:
Dated: 2021
Stephen Schwabauer, City Manager
Attest:
Jennifer Cusmir, City Clerk
SONDH INC., a California corporation
By:
Name:
Title:
Approved as to form.
Janice D. Magdich, City Attorney
Dated: 2021
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2019-148516 Page 3 of 3
12/18/2019 12:55:15 PM
EXHIBIT "A"
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF LODI, COUNTY OF SAN
JOAQUIN, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL I:
A portion of the Northwest Quarter of Section 7, Township 3 North, Range 7 East, Mount Diablo Base and
Meridian and being more particularly described as follows:
Commencing at the Southwest comer of said Quarter and run Easterly along the South line of said Quarter, 59.62
feet to the East line of State Highway X -SJ -4-C (known as as Cherokee Lane) ; thence North along said East line,
58 feet on the true point of beginning; thence North along said East line, 235 feet; thence Easterly and parallel
with said South line, 150 feet; thence South and parallel with said East line, 235 feet; thence Westerly 150 feet to
the true point of beginning.
PARCEL II:
The South 15 feet of the following described property:
A portion of the Northwest Quarter of Section 7, Township 3 North, Range 7 East, Mount Diablo Base and
Meridian, and described as follows:
Commencing at the Southwest comer of said Quarter; thence Easterly along the South line of said Quarter, 59.62
feet to the East line of State Highway X-SJ4-C (known as Cherokee Lane) ; thence Northerly along said East line
293 feet to the Northwest comer of the land described in the deed to Stockton Abstract and Title Company, a
corporation, recorded July 31, 1956 in Book 1889 of Official Records, page 585, San Joaquin County Records,
and being the true point of beginning of the hereinafter described tract of land; thence Northerly along said East
line, 115 feet; thence Easterly parallel to the North line of the land of Stockton Abstract and Title Company, 150
feet to the East line of the land described in the deed to Ben L. Horton, recorded December 30, 1949 in Book
1224 of Official Records, page 347, San Joaquin County Records; thence Southerly along the East line of said
Horton land 115 feet to the Northeast comer of said Stockton Abstract and Title Company land; thence Westerly
150 feet to the point of beginning.
Assessor's Parcel No.: 047-420-05
RESOLUTION NO. 2021-246
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE AN IMPROVEMENT
DEFERRAL AGREEMENT FOR 820 SOUTH CHEROKEE LANE
WHEREAS, the owner of the property located at 820 South Cherokee Lane has applied
for a building permit to install a new electrical subpanel and car wash equipment for an existing
car wash facility on the property and the estimated value of the proposed work is $110,945; and
WHEREAS, since the value of the proposed work exceeds $55,100, the owner is
required to complete public improvements that include the installation of approximately
250 linear feet of sidewalk and the removal and replacement of three non -ADA compliant
driveways fronting the subject parcel along Cherokee Lane as a condition of Building Permit
No. 82021-0870 issuance; and
WHEREAS, the property owner has requested these improvements be deferred due to
the financial impact of the business at this time and in order to complete the project and
maintain a safe environment for the employees and customers; and
WHEREAS, the Improvement Deferral Agreement requires the owner to pay for the
design and installation of public improvements no later than August 18, 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 $49,495; and
WHEREAS, staff recommends authorizing the City Manager to execute an Improvement
Deferral Agreement for 820 South Cherokee Lane.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute an Improvement Deferral Agreement for
820 South Cherokee Lane; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (Res. 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: September 1, 2021
------------------------------------------------------------------------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2021-246 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held September 1, 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
JENNIFE CUSMIR
City Clerk
2021-246