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HomeMy WebLinkAboutResolutions - No. 2023-135RESOLUTION NO. 2023-135 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 1 TO THE IMPROVEMENT AGREEMENT FOR THE LOWER SACRAMENTO ROAD STREET IMPROVEMENTS (CENTURY BOULEVARD TO 510 FEET NORTH OF CENTURY BOULEVARD) (BENJAMIN APARTMENT COMPLEX) WHEREAS, C Note LP (Developer) has submitted multiple building permit applications to construct an apartment complex on the property located at 2525 West Century Boulevard; and WHEREAS, the public improvements being constructed as part of the Benjamin Apartment Complex include the installation of street improvements along the portion of Lower Sacramento Road fronting the apartment complex; and WHEREAS, Developer has executed a standard improvement agreement on June 12, 2022, which requires the public improvements to be accepted by the City prior to occupancy of the buildings; and WHEREAS, due to unforeseen conditions in the field, Developer is requesting to extend the public improvements completion date for another year and an exception to allow occupancy of the Clubhouse, Apartment Building 1, and Apartment Building 2 prior to acceptance of the public improvements; and WHEREAS, Developer has furnished the City with the necessary agreements, guarantees, insurance certificates, and the required fees for the addendum, and the terms of the improvement agreement remain unchanged, except as stated in the addendum; and WHEREAS, staff recommends authorizing the City Manager to execute Improvement Agreement Addendum No. 1 for the Lower Sacramento Road Street Improvements (Century Boulevard to 510 feet north of Century Boulevard) (Benjamin Apartment Complex). NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Addendum No. 1 to the Improvement Agreement for the Lower Sacramento Road Street Improvements (Century Boulevard to 510 feet north of Century Boulevard) (Benjamin Apartment Complex); 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: June 21, 2023 I hereby certify that Resolution No. 2023-135 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 21, 2023 by the following vote: AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and Mayor Hothi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2023-135