HomeMy WebLinkAboutAgenda Report - September 20, 1995 (55)OF
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CITY OF LODI COUNCIL COMMUNICATION
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AGENDA TITLE: Improvement Deferral Agreement Addendum for 532 and 538 Howard Street
MEETING DATE: September 20, 1995
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council approve the Improvement Deferral Agreement
Addendum for 532 and 538 Howard Street (formerly 550 Howard Street)
and direct the City Manager and City Clerk to execute the Agreement on
behalf of the City.
BACKGROUND INFORMATION: The original Improvement Deferral Agreement, executed by
developers Tony and Chris White, was approved and recorded in
1991 at the time these two lots developed. Under this Agreement,
the developer was allowed to defer the street improvements until
such time as the adjacent properties in the future cul-de-sac developed, or upon demand by the City.
Only a small portion of the Howard Street right-of-way was acquired with the development (see
Exhibit A). The majority of the Howard Street right-of-way and improvements are on adjacent
unimproved property. The original Deferral Agreement also required the developer to post a bond to
guarantee that the deferred improvements would be installed. Normally a bond is only required if
the improvements are to be installed in a very short time. We now know that is not the case on
Howard Street.
Because bonds do not run with the land as a recorded Agreement does, a new bond would be required
whenever ownership of the property changed. The Deferral Agreement has been amended to eliminate
the requirement of a bond and is executed by the developer, as well as the new owners of the lots,
Ronald L. and Guadalupe Almer. However, all other terms and conditions of the original
Deferral Agreement are in effect, including the City's ability to file suit and collect for all costs if the
improvements are not installed when required. This is the usual procedure on Deferral Agreements.
FUNDING: None required.
Prepared by Sharon Blaufus, Administrative Assistant
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Attachment
cc: City Attorney
Ronald L. and Guadalupe Almer
Tony White
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CuJack . Ronsko
bli Works Director
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City Manager
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CITY OF LODI EXHIBIT
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CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY C. DAVENPORT
PHILLIP A. PENNINO
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
JACK A. SIECLOCK LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6842
September 13, 1995
Ronald L. and Guadalupe Almer Mr. Tony White
532 Howard Street P. O. Box 1043
Lodi, CA 95242 Woodbridge, CA 95258
SUBJECT: Improvement Deferral Agreement Addendum for
532 and 538 Howard Street
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
Enclosed is a copy of background information on an item on the City Council agenda
of Wednesday, September 20, 1995, at 7 p.m. The meeting will be held in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar 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 the City Clerk at 305 West Pine Street.
If you wish to address the Council at the Council meeting, be sure to fill out a speakers
card (available at the Carnegie 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 Blaufus,
Administrative Assistant, at (209) 333-6706.
4ackRonsko
orks Director
-I-
cc:
cc: City Clerk
NQAAHWR.DOC
City Attorney