HomeMy WebLinkAboutAgenda Report - March 1, 1995 (69)OF
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Public Hearing to Consider Reimbursement Agreement #RA -95-02 for Public Improvements
for Sunwest Plaza Shopping Center
MEETING DATE: March 1, 1995
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council conduct a public hearing to consider Reimbursement
Agreement #RA -95-02 for public improvements in Lower Sacramento Road and
Kettleman Lane constructed with the Sunwest Plaza Shopping Center.
BACKGROUND INFORMATION: Development of the Sunwest Plaza Shopping Center was originally
undertaken by Riley/Pearlman/Mitchell Corporation, owners. Financial
difficulties delayed the development of the Center by the owners. In order to
expedite the construction of its store on the parcel it had purchased in the
Center, Wal Mart Stores installed all the public improvements required for development of the entire Center.
Adjacent properties benefiting from the installation of the off-site improvements included the Ultramar Station
parcel (APN 058-140-001) at the northeast comer of the Shopping Center site and four parcels fronting
Lower Sacramento Road north of Kettleman Lane (APN #'s 027-040-030, 027-040-011, 027-040-010 and
027-040-012) as shown on Exhibit 1.
The Shopping Center subsequently went into receivership and Wal Mart Stores was listed as a creditor for the cost
of the off-site improvements. The Center site was acquired by Wells Fargo Bank and later purchased by
First Lodi Plaza Associates, a California Limited Partnership, hereafter referred to as Applicant. As part of the
terms of the acquisition of the undeveloped portion of the Center, Applicant reimbursed Wal Mart Stores for the
cost of the off-site improvements. Wal Mart Stores, in tum, conveyed its rights and interests to reimbursement for
off-site improvements to Applicant.
On March 22, 1994, Applicant requested a Reimbursement Agreement, in conformance with Chapter 15.40 of the
Lodi Municipal Code, for public improvements constructed in Lower Sacramento Road and Kettleman Lane.
Actual preparation of the Reimbursement Agreement has been postponed until this time because Applicant was
negotiating with one of the benefiting properties, Ultramar, Inc., for direct payment of their portion of the off-site
improvements. An agreement was reached and the reimbursement estimate revised to remove the cost of the
improvements benefiting the Ultramar parcel.
The Applicant has paid the appropriate application fee and will provide fees to cover the cost of recording the
Agreement. The affected property owners have been notified. The reimbursable improvements consist of water
main installation in Lower Sacramento Road. A copy of the Agreement is attached as Exhibit 2.
FUNDING: Applicant fees and reimbursement fees collected from Jkdpre development.
'6j
6blic
onsko
orks Director
Prepared by Sharon A. Welch, Associate Civil Engineer
JLR/SAW/lm
Attachments
cc: Associate Civil Engineer - Development Services
First Lodi Plaza Associates
Phiilippi Engineering
Property Owners
APPROVED; `""1 i Y'
THOMAS A. PETERSON recycled paper
City Manager
CPHSNWST.DOC O4H7/&C-1
EXHIBIT 1
CITY .OF LODI SUNWEST PLAZA
PUBLIC WORKS DEPARTMENT REIMBUSEMENT #RA 95-02
POa110N OF
APN/ 027-040-012
1.111 Aen.
APN/ 027-040-010
0.39* se -
A" 027-040-011
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KETTLaM LANE (STATE HWY. N0. 12)
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REIMBURSEMENT:
Extensions:
Wotermain $3,310.76
Per Acre
REIMBURSEMENT RA# 95-02
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
EXHIBIT2
REIMBURSEMENT
for
PUBLIC IMPROVEMENTS
AGREEMENT # RA -95-02
THIS AGREEMENT is made by and between the CITY OF LODI, hereinafter referred to as
"City", and FIRST LODI PLAZA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP,
hereinafter referred to as "Applicant".
RECITALS:
WHEREAS, Applicant is the assignee of the Developer, WAL-MART STORES, INC., of
SUNWEST PLAZA SHOPPING CENTER under the terms of an agreement entered into by and
between Applicant and Developer on February 9, 1994, and
WHEREAS, WAL-MART STORES, INC. entered into an Improvement Agreement with the
City dated February 12, 1992, to construct public improvements needed to serve the
Sunwest Plaza development, and
WHEREAS, the Developer constructed water mains that will serve additional properties that
are designated and shown on the plan attached and labeled Exhibit A to this agreement and
indicated thereon; and
WHEREAS, the Applicant has filed a request with the Public Works Director in conformance
with Chapter 16.40 of the Lodi Municipal Code requesting reimbursement for those
improvements which benefit other property or would be required of those properties upon
development, and
WHEREAS, the property owners of those properties shown in Exhibit A have been notified
and the City Council has conducted a public hearing regarding the Applicant's request for
reimbursement.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained
and pursuant to Government Code Sections 66485 through 66489 and Title 16 of the Lodi
Municipal Code, it is hereby agreed between the parties as follows:
1. The amount of the reimbursable costs due to the Applicant includes construction
costs less any applicable credits plus ten percent (10%) for administrative and
engineering design costs as shown in attached Exhibit B.
2. The reimbursable amount shall be recalculated annually to include an amount
attributable to interest, using the Engineering News Record (ENR) 20 Cities
Construction Cost Index. On uncollected reimbursements, the reimbursement rates
shall be calculated in January of each year beginning January 1, 1996, by the
following formula:
(ENR Jan. 1 of current year) (Prior year ENR) X (Balance due Jan. 1 of prior year
less payments made during the previous year)
REMB_l .Doc
The initial ENR index for this agreement is 5438.87. The initial reimbursable
amounts are listed below.
Water Main Extension $ 3,310.76 per acre
3. In the event that the benefiting properties shown on Exhibit A develop, the City shall
collect the appropriate charges from the developers of the benefiting property and
reimburse the Applicant or the Applicant's heirs, successors or assigns, for a period
of fifteen 0 5) years. Any charges collected beyond fifteen years shall be retained
by the City.
4. The Applicant has paid the City $500.00 for the preparation of this agreement prior
to approval and recording of this agreement. This fee is based on one percent (1 %)
of the reimbursable construction costs, excluding engineering, administrative and
other costs, with a minimum charge of $500.00, and is included in the
reimbursement amount.
5. Upon each collection of reimbursement charges, an administrative charge shall be
deducted and retained by the City for administering the reimbursement provisions of
this agreement. This charge shall be established from time to time by resolution of
the City Council. As of the date of this agreement, the current charge is $60.00.
6. This agreement shall inure to the benefit of the heirs, successors and assigns of the
Applicant. The City shall mail the reimbursement to the last address of the
Applicant on file with the Public Works Director of the City. In the event a
reimbursement is returned or unclaimed after two (2) years from the date of mailing,
the amount of the reimbursement shall revert to the City and be deposited in the
appropriate development impact mitigation fee fund.
7. All correspondence and payments herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
Correspondence and payments to City shall be addressed as follows:
Jack L. Ronsko
Public Works Director
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-1910
Correspondence and payments to Applicant shall be addressed as follows:
RE1MB 1.DOC 2
B. This agreement is entered into pursuant to the provisions of Title 16 of the Lodi
Municipal Code and the provisions of that section shall be deemed a part of this
agreement.
IN WITNESS WHEREOF, the Applicant and the City have caused their names to be hereunto
affixed and the City of Lodi has caused its corporate name and seal to be hereunto affixed
by its proper officers thereunto duly authorized.
APPLICANT(S)
Date
(CORPORATE SEAL)
CITY OF LODI, A MUNICIPAL CORPORATION
By:
Thomas A. Peterson, City Manager
ATTEST:
Date
Jennifer M. Perrin, City Clerk Date
APPROVED AS TO FORM:
Bob McNatt, City Attorney
REIMB 1.DOC
LXHIHII A
CITY .OF LODI SUNWEST PLAZA
PUBLIC WORKS DEPARTMENT REIMBUSEMENT #RA 95-02
Sri to
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PORTION OF
APN% 027-040-012
1.111 Acres
APN/ 027-040-010
0.39 Acres
AM# 027-040-011
0.39± Acres
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TION OF
ON 027-040 30
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KETILEMAN LANE (STATE HWY. N0. 12)
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REIMBURSEMENT:
Extensions:
Watermain $3,310.76
Per Acre
REIMBURSEMENT RA# 95-02
Exhibit B
City of Lodi Cost Estimate for
Publics Works Department Reimbursement Agreement
Development: Sunwest Plaza
Devellow.. Browman Development Company
Engineer: Philiippi Engineering
Cost of Reimbursable Improvements for. SUNWEST PLAZA SHOPPING CENTER
Item De6CfiD ion
Water System
1. 10" Water Pipe (PVC)
2. 10" Water Pipe (DIP)
3. 10" Water Valve
4. 8" Reducer
S. Major Crossing (Kettieman Lane):
10" Water Pipe (PVC) in ebsting casing
10" Water Valves
6. Traffic Control'
Percent
Quant Unit )ice Reimbursable Total
1,186 LF $17.25
100
20,458.50
65 LF 21.00
100
1,365.00
4 EA 800.00
100
3,200.00
1 EA 280.00
100
280.00
99 LF 17.25
50
853.88
2 EA 800.00
50
800.00
1 LS 170.00
100
170.00
Subtotal
$27,127.38
10% Engineering & Administration
$2,712.74
Subtotal
$29,840.12
Less City paid credits
$7,661.43
Total Water System
$22,178.69
Subtotal Reimbursable Costs
$22,178.69
City Fee for preparation of agreement
$500.00
(1 % of system subtotals, $500 minimum)
Total Reimbursable Cost
$2$878.69
Cost (incl.
prorated City
fee) Quantity Fee
Reimbursement a stem per r $22,678.69 6.85 $3,310.76 per Acre
Check Total: $22,678.69
Notes:
1. The traffic control cost for water main Installation was prorated based on the percentage of reimbursable costs
to total construction costs and the traffic control costs for the entire project shown on the cost estimate prepared
with the original improvement agreement.
Page 1 of 1
1/ W5 REIM_ESTALS
CITY Or LODI NOTIGc OF PUBLIC HEARING
•
Carnegie Forum Date: March 1, 1995
305 West Pine Street, Lodi Time: 7:00 p.m.
OF
For information regarding this notice please contact:
Jennifer M. Perrin
City Clerk
Telephone: (209) 333-6702
NOTICE OF CONTINUED PUBLIC HEARING
March 1, 1995
NOTICE IS HEREBY GIVEN that on Wednesday, March 1, 1995 at the hour of 7:00 p.m.,
or as soon thereafter as the matter may be heard, the City Council will conduct a
continued Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider
the following matter:
a) Reimbursement Agreement #RA -95-02 for public improvements in Lower
Sacramento Road constructed with the Sunwest Plaza Shopping Center
All interested persons are invited to present their views and comments on this matter.
Written statements may be filed with the City Clerk at any time prior to the hearing
scheduled herein, and oral statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the Public Hearing described in this notice or in
written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the ,
Public Hearing.
By Order of the Lodi City Council:
Je �fer M. rrin
Ci Clerk
Dated: February 1, 1995
Approved as to form:
Bobby W. McNatt
City Attorney
JACITYURKWORMS\NOTICE28.000 125/95
L_ /\ I I I L.J 11 /
CITY OF LODI
SUNWEST PLAZA
•' PUBW WORKS DEPARTMENT REIMBUSEMENT #RA 95-02
an
>
PORTION OF
APN/ 027-040-012
1.11± Acres
APNf 027-040-010
0.39± Acres
APN/ 027-040-011
q-232.br-
0.39± Aeras
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ON OF
7-040 30
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KETTLEMAN LANE (STATE HWY. NO.
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REIMBURSEMENT RA# 95-02
OF
/FODECLARATION OF MAILING
R
On February 2, 1995 in the City of Lodi, San Joaquin County, California, California, I
deposited in the United States mail, envelopes with first-class postage prepaid thereon,
containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes
were addressed as is more particularly shown on Exhibit "B" attached hereto.
There is a regular daily communication by mail between the City of Lodi, California, and
the places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 2, 1995, at Lodi, California.
Jennifer M. Perrin
City Clerk
Ja quel' L. Tay r
De uty Clerk
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CITY COUNCIL
STEPHEN). MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY G. DAVENPORT
PHILLIP A. PENNINO
JACK A. SIEGLOCK
CITY OF LODI
MAILING LIST ATTACHED
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6795
February 21, 1995
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
City Clerk
BOB McNATT
City Attorney
SUBJECT: Public Hearing to Consider Reimbursement Agreement #RA -95-02 for
Public Improvements for Sunwest Plaza Shopping Center
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, March 1, 1995, at 7 p.m. The meeting will be held in the City Council
Chamber, Carnegie Foram, 305 West Pine Street.
The Council will conduct a public hearing on this item. You are welcome to attend and
speak at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council, City of
Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail.
Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council meeting, be sure to fill out a speaker's
card (available at the Camegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Welch at
(209) 333-6706.
JeRonso
Director
JLR/Irn
Enclosure
cc: City Clerk
NCPNSNWS.DOC
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