HomeMy WebLinkAboutAgenda Report - February 17, 1988 (58)C o b .. C I L C 0 M M U N I C A T. J N
TO: THE CITY COUNCIL - C GONC
FROM: THE CITY MANAGER'S OFFICE February 17; 1388 r
SUBJf:C';: APPROVE AGREEMENT WITH DARYL GEWEKE FOR THE REDESIGN OF C -BASIN
AT THE SOUTHEAST CORNER OF VINE STREET AND BECKMAN ROAD
PREPARED BY: City Attorney
RECOMMENDED ACTION: That the City Council approve the Agreement with
Daryl Geweke fcr the Redesign of C -Basin at the
southeast corner of Vine Street and Beckman Road.
OACKGROUND INFORMATION: On October 16, 1986, the City Council approved the
master plan, for development of "C" Basin and entered
into negotiations with Orrin D. Kettelman and the
Estate of Gertrude M. Kettelman for the purchase of property to be used for an
addition to C -Basin. On or about June 22, 1987, Daryl Geweke entered into a
purchase agreement with the Kettelman family to purchase certain parcels from
them, contingent on the City's agreeing to a reconfiguration of the "C" Basin
In order for Mc Geweke to have a 600 foot property depth from Beckman Road.
At an adjourned regular City Council meeting held November 11, 1987, the City
Council on motion action approved proceeding on Xt Geweke's request with
certain directions. A copy of the minutes of that meeting i s attached
hereto. One of the directives was that consultant Richard A. Bigler be
retained at INA Geweke's cost, to provide the City with a time and cost
proposal for the redesign of "C" Basin. Mc Bigler has submitted a proposal
for the redesign of C -Basin which includes a schedule of fees and other
considerations, all as incorporated in the attached Agreement which has been
signed by Daryl Geweke.
AGREEMENT
FOR THE RIDE UN OF C -BASIN
THIS AGREEMENT, made and entered into this day of
, I9, , by and between Daryl Geweke, hereinafter
called Developer, and the CITY OF LGDI, a municipal corporation of the
State of California, hereinafter called City.
WITNESSETH:
I. On October 15, 1986, the Lodi City Council approved the master
plan for the ultimate development of "C" Basin at the southeast corner
of Vine Street and Beckman Road. Subsequent thereto, the City entered
into negotiations with Orrin. D. Kettelman and Estate of Gertrude
M. Kettelman, hereinafter called Seller, for the purchase of certain
real property, being a portion of Parcel 30, to be used for addition to
C -Basin. A copy of the legal description of the proposed bcquisition of
a portion of said Parcel 30 of said Kettelman property is attached
hereto as Exhibit A and incorporated herein by reference.
2. On or about June 22, 1987, Daryl Geweke entered into a purchase
agreement with Orrin D. Kettelman and the Estate of Gertrude M.
Kettelman, copy attached hereto as Exhibit B and incorporated herein
by reference, for the purchase of three adjacent parcels of real
n,,, --Io PI)Q .41)0 --A 44211 1-4— +„ +i,o ---+L .,f T,'-++I—:o—
Lane, east of Highway 99 and adjacent to Lodi City limits, which
contract of sa-le recites on Page 1, pa,•agraph 3 that "the City of Lodi
is contemplating condemning approximately 10 acres of said Parcei #3011.
3. One of the conditions set forth ii; said June 22, 1987 agreement
between Seller and Developer cited on Pages 1 and 2, paragraphs 1.1 and
1.2 was that the Developer was Willing to purchase and Seller willing
to sell a?? of said parcels, including the remaining portion of Parcel
s30 which would remain if the City's condemnation took place,
contingent upon the City's agreeing to a reconfiguration of the "C"
Basin, and Paragraph 1.1 reads to wit:
"1.1 Buyer agrees to purchase and Seller agrees to sell
all of said parcels including su;;h portion of Parcel f30
which remains either after the condemnation by the City of
Lodi or the City of Lodi's failure to condemn such real
property within 2 years of the date of thir agreement
providing and on condition that the remainder of Parcel
#30 is of rectangular shape and has a minimum curb
frontage of 625 feet and a minimum depth of 600 feet."
4. At an adjourned regular City Council meeting held November
11, 1987, Gerald A. Sperry, attorney representative of Daryl
Geweke, signatory herein, appeared before the Lodi City Council
and asked the Council whether they would agree to change the
configuration of the "C" Basin in order to permit Me Geweke to
have a 600 foot property depth measured from Beckman Road The
City Council at that time and place approved the retaining, at
14Geweke`s cost, of Consultant Richard A. Bigler to redesign
the "C" Basin, in order to determine whether i t would be
possible to accommodate the above referred to desire of Mr.
Geweke, while a t the same time, to continue to have the
structures and facilities that were originally designed, to be
constructed in the "C" i;asin pursuant to the adopted
Masterplan. A copy of the minutes of said November 11, 1987
meeting is attached hereto as Exhibit "C" and incorporated
herein by reference.
5. Nr. Richard A. Bigler has submitted to City a proposal for
-
the redesign of C -Basin which includes a schedule of fees. A.,
copy of said proposal i s attached hereto, marked Exhibit "D" and
incorporated herein by reference.
NOW, THEREFORE, IN COn.SIDERATION of these premises, the .
parties hereto agree as'follows:
I. Developer shall: reimburse City on a time and material
"C"
'
basis fnr the costs of the redesign by Richard A. Bigler, of
Basin, consistentwith the fees set forth.in.Exhibit "G'` .
;4
2. Developer shall :pay: for .all staff time that is µ�
,.
necessary in :the - .redesign of- "C" Basin,.. including but nflt
limited:. to staff -'t i mein Working with ;Richard A.: -Bigler and
Daryl Geweke, as well as - any additional staff_ time in preparing
for and attending. additional public meetings:
3. Developer shall pay for the City`s acquisition`agentss
.
P
=-:time for:: additional work with..the Kettelr.►ans, the.Kettelman's ;
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attorney and/or new property owners if a new property owner
should become involved during the redesigning phase of the "C"
Basin.
4. Developer shall reimburse City for additional title
reports and property appraisals as reasonably necessary in the
redesign of "C" Basin.
agreement. In the event said costs exceeds the additional
$5,000.00, Developer shall, upon written notification from City,
deposit such additional sums, not to exceed $5,000.00 as nay be
reasonably necessary to complete the redesign of "C" Basin.
0. This agreement shall be binding upon the heirs,
devisees, legattees, executors and administrators and assigns of
the parties hereto.
9. Any and all amendments to this agreement must be in
writing.
IN WITNESS WHEREOF,
hands and entered into
hereinabove first written.
CITY OF LODI , a municipal
the
parties hereto
have
set
their
this
Agreement the
day
and
year.
r-1
EXHIBIT A
LEGAL DESCRIPTION
PROPERTY LOCATED SOUTH OF Vll\lE STREET
AND EAST OF BECKMAN ROAD W11THIN SAN JOAQUIN COUNTY
Being a portion of the south one-half of the north one-half of the
southwest one-quarter of Section 7, Township 3 North, Range 7 East,
Mount Diablo Base and M-ridian, described as follows:
Cormencing at the center of Section 7, Township 3 North,
Range 7 East, Mount Diablo Base and Meridian, thence South
1-04' East, 668.4 feet along the east line of the southwest
one-quarter section to the northeast corner of that
Kettleman parcel shown in Volume 6, Page 284, Record r�f
Surveys, San Joaquin County Records, and the True Po'ni: of
Beginning, thence North 87-41' West, 1038.0 feet along the
north line of the south one-half of the north one-half of
said southwest one-quarter section, thence South 1-04'
East, 420.0 feet, parallel with said east tine thence
Scuth 87-41' East, 1038.0 feet, parallel with said north
line of said south one-half to said east line, thence North
1-04' West, 420.0 feet, along said east line to the True
P o i n t o f Beginning.
EXHIBIT B
•ems:.,.
CITY COUNCIL. CITY OF LCDI
C"Y HALL CDI;t.CIL Cl.v18ERS
ArDiOU.RNED REGULAR IMEETING
r,Er;:ESps,Y, P:CYEttBER 11, 1987
7:30 P.}1.
The ;+dicurned Regular
Meeting of the Lodi City Council was called to orjer by
t:.vor Evelyn Olson
a: 7:30 p.rt.
City Clerk Peimche
recorded the roll as follows:
ROLL CALL
Present: Council Members - Hinchman, Pinkerton,
Reid, Snider and Olsen (.Mayor)
:absent: Council Members.- Bore
Also Present: City Manager Peterson, Public Works
Director P.onsko, City Attorney Stein, and City Clerk Reimche
P.EVIEW OF C-6ASCt
City Nanacer Peterson reminded tale Council that the matter
before the Council for discussion was the review of
CC -27(a)
C -Basin. The £ollowina letter which, had been received
CC -27(c)
rt=Am the Law Cffices of Freeman and Brown who represent Mr.
Daryle Geweke was presented for Council review:
"Re: Park Basin "C"
dcauisition of Property
IO acre Parcel
Dear Mayor andMembers:
.... ::._::;.. OUnt .:::..:..,.:.,. .:.;:.:: ...s`::::.::..,i�.�:retai.�,'ia.:,.�;':.::.baa•.;:
This office represents Mr. Daryle Geweke who is tha
purchaser, pursuant to a land sales contract. of three
adjacent parcels of real property. Parcels 928, =29 and =3t1
Pft
lying to the noxth of Kettleman Lane, easl of Highway 99
and adjacent to Lodi City limits belonging to Orrind D.
Kettleman. Said contract of sale recites that "the city of
Lodi is contemplating condemning approximately 10 acre; of
said parcel 130".
W have reviewed the Master Plan of Park Ease "f" adopted
by the City.Council on October 15, 1986, and discussed the
Droaosed acquisition of the portion of oarcei 030
specifically, timing, configuration, use and damages.
Mr. Geweke has instructed us to attempt to mininize the
adverse impacts the presently proposed acquisition would
haves nn parrot tl40 whiles sttpenn inn to equit.hly
accommodate the needs -of the City of Lodi.
W subsequently contacted Mr. Ronald Stein_ City Attorney, ....
and inquired as to how soon the. city needed the property,
what methods were available to mitigate mr_ rPw& cn'i
damages and how could me Work with the City of Lodi in tt:e
equitable resolution of these problems.
Nt Stein advised that the City's department of Public
Works wanted to proceed immediately with the acquisition of
ttt
the property and the construction of the project; tJl,aj as
1.1W
the plan had been adoptedby the City Council, it could
{�
only be modified by the City Council: that we wnuld
therefore have to direct our concerns and proposals for
_
mitigation to the City Council.
Will you please schedule this matter for discussion by the
City Council as . con as mutually convenient. As resolution
of these -problems need to be explored through open
•ems:.,.
1.4
I
A
AGREEMENT OF PURCHASE AND SALE
AND ESCROW IHSTRUCTIOHS
hliIBIT C
THIS AGREEMENT, made this C day of June, 1987, by and
between ORRIN D. KETTLEMAN and ESTATE OF GERTRUDE M. KETTLEMAN,
Deceased, individually and as Trustees, hereinafter called
"Seller", and DARYL GEW_KE or his nominees, hereinafter called
"Buyer",
K I T H E S S E T H:
WHEREAS, Seller is the owner of four parcels of real
property, together With improvements thereon, located in the Lodi
area, San Joaquin County, California, designated as "Parcels n26
(16.77 acres), n28 (1.52 acres), #29 (18.81 acres) and #30 (20.02
acres) in County Assessor's Map. Book, Page -049-07 and more
particularly described in Exhibit "A" attached hereto andmadea
/
of said Parcel f30. 7dyer agrees to
approximately ten (. t res
said parcels including
:
purchase and Seller agrees to sell all of
Parcel X30 which will
Westerly ten (10) acre portion of
the providing and on
of Lodi
e City
ea-=after the taking b} the.
Parcel X30 is of the
'� ition that the remaining Portion of
��or•d
hereafter in paragraph 1.i.
rovided
minimum size and shape as P-
and Seller agrees to
1.1 Buyer agrees to purchase
portion of Parcel
including such p
;
;
sell all of said parcels
by the City
i
Ther after the condemnation
X30 which remains ei:
Lodi's failure to condemn such real
4
of Lodi or the City of
of the date of this agreement
�.
Property within 2 Years
P
the remainder of Parcel X30
and on condition that
. .providing
and has .a minimum curb frontage of
j is of rectangular shape
r of th 600 feet
deP
625 feet and a minimum
that the commencement
r understood and agreed
t
1.2 It is
depends entirely upon when the City
date of this agreeme nt
of a portion
of Lodi completes or withdraws its condemnation
time. it cannot be determined the
of Parcel X30. Until such
being purchased herein by Buyer or
ex�ent of the property
in this paragraph has
Whether the condition set forth above
been satisfied.
of real property (J26.
2. The Real Fro2ertY• The parcels
('
of this purchase and sale are more
2g, X29 and 13o1 the subject
"A"attached 'hereto and made:.-
ri
particularly described on Exhibit
�, part hereof.
to pay to Seller the total
Price. Buyer agrees
- 3. Pis: chase --
Ha/100 DOLLARS
TWENTY- THOUSAND TWO HUNDRED SIXTY AND
sum of
price for said parcels of
(S26,260 .00) an acre for the purchase
E.. -2-
rA3l property. Thr c phase price shall be p?' d' -'n insta lments
as follows:
000. OJ
3.1 55_,�FG43 cash to be deposited by Buyer in -escrow
with Founder's Title Co. immediately upon the execution of
this Agreement.
3.2 The cash sum equal to ten (10%) percent of the
purchase price through and prior to close of escrow.
3.3 The cash sum- equal to ten (10%) percent of the
purchase price, plus interest, six (6) months after close of
escrow.
3.4 The remaining balance of the purchase price shall
be evidenced by a secured Promissory Note, in the form
attached hereto as Exhibit "B". The Promissory Note shall
hear interest at the rate of Nine and 3/4 t9 3/4$) D?rr_Pnt
per annum until the end of 1987 and thereafter the interest
rate shall be One and One-half (1 1/2%) percent over the
prime rate charged by Bank of America. The interest rate
shall be determined on December 30 of each year for the
following year. The interest rate shall never exceed Twelve
and Three -Quarter ,Q_2 3/4$) percent or be lower than Six
and three-quarters (6 3/4$) percent. The promissory note
shall..be due and payable, as follows:
a.
The entire unpaid `balance "of pr;ificipal shall
be paid.
in ten (10) equal
annual installments
commencing
with the first
installment payable on
_
December
30, 1988.
b.
Annual interest,payments,are
to. 'commence on
__ ry December
30, 1988 and are`
-to -continue thereafter.-;.
3
wl1W I-
3.5 Thi promissory Note shall be ;uLed by a First
Deed of Trust encumbering the subject parcels of real
property. The First Deed of Trust shall be substantially in
the form attached and ;narked as Exhibit "C", and the terms
of same are made a part hereof.
4. Condition e, -f- Real-Prooerty. Buyer is entirely familiar
with the subject parcels of real property and all improvements
thereon, as well as the zoning and physical condition thereof.
Except as otnerwise provided herein; Buyer shall, and does agree,
to take all of the subject parcels of real property as presently
zoned and in their present physical condition at the time cf the
execution of this Agreement.
5..._.Escrow.:;..:.This sale -shall be consummated through an
escrow established with Founders Title Company. Escrow shall
�I
party shall f,,rthwith thereafter execute ,nu deliver to the
escrow holder its written instructions consistent with the
terms of this Agreement and shall provide the escrow holder
with such other information, documents, and instruments as
the escrow holder nay -reasonably require to enable it to
close the transaction on the closing date.
5.2 Time is of the essence of this Agreement and
failure to comply with this provision shall be a material
breach of this Agreement. If escrow fails to close as
provided above, Buyer or Seller may at any time thereafter,
give written notice to the escrow holder to cancel the
escrow and, except as may otherwise be provided herein,
return all money and documents in escrow to their respective
depositors. The escrow holder shall comply with the notice
without further consent from any other party to the escrow
or from the broker. Cancellation of esc; ow as provided here
shall be without prejudice to whatever legal rights Buyer
and Seller may have against each other.
5.3 The following expenses shall be shared equally
by Seller and Buyer, Seller's portion to be deducted from
the cash portion of the purchase price, Stayer's portion to
be paid by Buyer into escrow upon notice from the escrow
holder when the escrow is otherwise in a condition to be
closed:
a. The expense of the title company to
provide a CLIA Standard llcy of Title Insurance
� iaa irac the aZt�_X st of _Buyer vested in title and the
describe -`-herein;
Expense of the fee of . a escrow holder
to act as such in this transaction;
5.4 The following expense shall be those of Seller
alone to be deducted from the cash portion of the purchaSE
price:
a, costs to record the. First Deed of Trust
to Seller;
b. San Joaquin County documentary stamps
necessary to record the deed;
5.5 city, county and District Taxes for the 1987-
1988 fiscal year shall be prorated as of close of *escrow.
5.6 Buyer shall pay costs to record Seller's Deed,
as well as any sales or use tax that may be assessed as a
result of this sale.
6• Title to, property. Except as may otherwise be provided
herein, title to said real Property to be conveyed pursuant to
this Agreement shall be a fee simple interest, free and clear of
all title defectF, liens, encumbrances, deeds of trust, and
mortgages except for current general and special taxes which are
f
then a lien and except for covenants, conditions, restrictions, 1
�F
and public utility easements of record, if any, provided the same
to either (i) te- i,ate this Agreement of PI -se and Sale and
this escrow and having returned to it the deposit set forth in
,
Paragraph 4, or such additional sum as nay be depositedin escrow
as required by this Agreement, in which case Buyer and Seller
shall be released from further liability or obligation under this
contract and escrow instructions, or (ii) without adjustment in
purchase price, are! without having any right or claim for damages
thereof, accepting and taking such title to property as Seller
has and can convey.
8. Vesting of Title. On close of escrow, title shall vest
in DARYL GEWEKE or his nominee. The precise vesting of title
shall be defined through,escrow.
9. Possession of Property. Buyer shall be entitled to the
possession of the property on close of escrow, but during the
period between the execution of this Agreement and the close of
escrow, Buyer's agents and independent contractors shall be
entitled to enter upon the property to the extent necessary for
the purpose of planning Buyer's development of the property.
10. Proration of Taxes, Tnsuranc.P and Ti,terest, Real
property taxes, interest on any assessments assumed by Buyer,
rents, and insurance premiums on any hazard insurance assigned
g;% of that $ho• o„ the ASSP-son's Map. t -:_y to be at Buyer's
expense. §hPtild the acreage of the subject real property be less
than 9IF t the designated acres, the purchase price thereof
shall be }-t�(iljcod by $26,260_=00 per acre. The purchase price
shall be lfier eased by $26,260.00 per acre if the acreage is
greater *041) 103% of the designated acres.
12. �t§h_iay,ance to Buyer- Seller agrees to sign such
document; i-iognssary should Buyer desire to obtain razoning or a
parcel rap, Ruch shall be at no cost o. expenses to Seller.
13. aUces. All notices and demands shall be given in
writing e Whir by personal service or by registered or certified
mail, poAdV@ prepaid, and return receipt requested. Notices
shall be Hfigidered given when mailed. Notices shall be
addressed d§ appears below for each party provided that if any
party giv@§ notice of a change of address, notices to tom_
✓er
of that obtiga shall thereafter be given as demanded in that
notice.
To 0@1,1or: ORRIN & The Estate of
GERTRUDE M. KETTLEMAN, deceased
1i1.�170 Green Oaks
To tui►@r DARYL GEWEKE
P.O.Box 1210
14. Commission. Buyer and Seller hereby
acknowletlg# that there are no broker's commissions or finder's
fee Payabl.q With regardto this transaction. Buyer and Seller
each agrio to indemnify and hold the other harmless from and
against fill liability, claims, demands, damages or costs of any
kind axi§JH0 From indemnitor's conduct with respect to any claim
of a brook@pFg commission.
-8-
Z5. Intern -�t-tion. =his Agreement Zi_ be ,construed as a
whole and in accordance with the fair meaning of its language,
and shall not be construed for or against either party. Captions
are for convenience and shall not be used in construing meaning.
16. inurement. This agreement and its terms shall inure to
the benefit of and be binding upon the parties, their respective
heirs, personal representatives, assigns, and other successors in
interest.
17. Entire Agreement. This Agreement supersedes any prior
agreement and contains the entire agreement of the parties on the
matter thereof, . ill be determined by the :al law of the State
o., California.
20. Attornevs' Fees. if either party files any action or
brings any proceeding agairist the other' arising out of this
agreement, or is made a party to any action or proceeding brought
by the escrow holder, then as between Buyer and Seller, the
prevailing party shall be entitled to recover as ars element of ,
its costs of suit, and 'not as damages, reasonable attorneys'
fees to be fixed by the Court. The "prevailing party" shall be
the party who is entitled to recover its costs of suit, whether
or not suit proceeds to final judgment. A party not entitled to
is understood that Buyer assumes no other lease without first
giving his written approval.
23. Court Confirmation. It is understood and agreed that
this sale shall be completed without the necessity of
confirmation by court.
24. Recordina Memorandum of Purchase and Sale.
Simultaneously, with the execution of this Agreement, the parties
-< hereto will likewise execute a Memorandum of Purchase and Sale
which may thereafter be recorded by either party.
1
26. Under4,ound Storage Tanks. Sell-- represents that to
the best of their knowledge, there are no, nor have there ever
been, underground storage tanks of fuel or other pollutants or
hazardous substances on the subject property.
The parties hereto have executed this Agreement of Purchase
and Sale on the day and year first above written.
ORRIN D. KETTLEMEN- GEWEKF'
ESTATE OF GERTRUDE M.
KETTUM N, Deceased
r ADDE?2DOH TO REAL ESTATE PURCHASE VT,CT AND RECEIPT FOR
DEPOSIT DATED JUNE , 1987 BErn- .4 DARYL GENEKE AND THE
EY UTORS OF THE ESTATE OF GERTRUDE K KETTEL.SL", DECEASED
AND ORRIN DNVID KETTELMAN, SR FOR THE SALE OF 35.38 ACRES
(:TORE OR LESS) COKPRISING ALL OF PARCELS 26 AhD 29 OP
COUNTY'S ASSESSOR'S HAP, BOOK 049, PAGE 070
The First Deed of Trust securing payment of the balance of the
purchase price shall ccntain an Exhibit in essentially the following
words: -
"The following amendments are hereby made to that certain Short
Form Deed of Trust and Assignment of Rents (hereinafter `Deed
of _rust') dated
So long as Trustor shall not be default concerning any of
the the covenants or provisions contained in this deed of trust
or in the promissory note secured hereby, partial reconveyances
May be had and will be given from the ):.en or charge hereof of
any dne or more of the parcels hereinafter described upon payment
of an amount, to apply on the principal of the note for each of
said parcels so reconveyed to be determined as follows:
A. As concerns the north half of San Joaquin County
Assessor's Parcel No. 049-070-29, containing 9.40 acres
more or less, the sum of $246,844.
B. As concerns the south half of San Joaquin County
Assessor's Parcel No. 049-070-29, containing 9.41 acres
more or less, the sum of $247,106.
C. As concerns the east half of San Joaquin County
Assessor's Parcel No. 049-070-26, containing 8.3 acres
more or less, the sum of $220,059. -
D. As concerns the west half of San Joaquin County
Assessor's Parcel No. 049-07026, containing 8.39 acres
-_-- i--- .h.. -- of S'2ZS f.nn
i Z t
EXHIBIT D
CON"T i��CT
THIS AGREEMENT AGREEMENT ENTERED INTO THIS _DAY OF , 1986,
BY AND BETWEEN THE CITY Cb% LODI, A MUNICIPAL CORPORATION,
HEREINAFTER REFERRED TO AS "CITY" AND RICHARD BIGLER ASSOCIATES,
LANDSCAPE ARCHITECT, HEREINAFTER REFERRED TO AS "CONSULTANT,
HEREBY AGREE AS FOLLOWS:
1. CITY DOES HEREBY ENGAGE CONSULTANT TO PERFORM FOR THE CITY
UNDER THE TERMS AND CONDITIONS IN THIS AGREEMENT, SERVICES AS SET
FORTH HEREIN FOR THE DEVELOPMENT OF THE LANDSCAPING PLANS AND
DESIGN OF THE C BASIN PARK SITE. THE FOLLOWING ARE THE BASIC
E. PREPARE GRADING PLAN AT SUITABLE SCALE TO 1'-0" CONTOUR
INTERVALS.
F. REDUCE ALL DRAWINGS TO FIT INTO A 9 1/2 X 11 FORMAT. WITH
COSTS, PHASING PROFILE AND OTHER PERTINENT DATA TO T14E DESIGN
THAT CPN BE PUBLISHED OR USED IN FUNDING PROPOSALS.
mE CITY W ILL PROVIDE ENGINEERING FOR PROVIDING OF BASE MAPS,
LOCATION OF UNDERGROUND UTILITIES, OR STRUCTURE. CITY SHALL PAY
FOR ANY BORING AND TESTING REQUIRED.
CONSULTANT FEES:
FOR THE PERFORMANCE OF THE BASIC SERVICES SET FORTFI HEREIN, 111E
CITY IS PREPARED TO PAV THE CONSULTANT,ON A BASIS OF LABOR AND
MATERIAL AS FOLLOWS:
FEENOT TO EXCEED ............... ............. 7,000.00
PRINCIPAL LANDSCAPE ARCHITECT AT„50.00.00 PEIZ I;OUR
STAFF LANDSCAPE AQCHITECT AT..._..40.00.00 PER HOUR
STAFF DRAFTSMAN ..............:....25.00.00 PER HOUR
REIMBURSEMENT OF EXPENSES AS RELATED TO THE PROJECT.
PAYABLE MONTHLY AS TO THE CITY APPROVED SCHEDULE OF COMPLETEI)
�.
• .. -` WORK ITEMS . • .:: .;:r ,., w
THE OWNER AGREES, TO LIMIT rmE DESIGN PROF'ESSIONAL'S LIABILITY
10 THE OWNER AND TO ALL CONSTRUCTION CONTRACTORS AND
SUBCONTRACTORS. ON THE PROJECT, DUE TO DESIGN.PROFESSIONAL'S
-THE”
NEGLIGENT ACTS,ERRORS, OR OMISSIONS,_ SUCH_THAT THE TOTAL
e
=°AGGREGATE LIABILITY.OF THE DESIGy-PROFESSICNAL TO ALL THOSE NAMED,.
S1 IALL NOT EXCEED 50, 000.: 00. OR THE ' DESIGN PROFESSIONAL'S -TOTAL -FEE,
FOR SERVICES RENDERED ON THIS PROJECT., WHICHEVER IS GREATER.
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TERMINATION OF AGREEMENT:
THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY UPON WRITTEEJ
NOTICE SHOULD THE OTHER PARTY FAIL SUBSTANTIALLY TO PERFORM IN
ACCORDANCE WITH ITS -TERMS THROUGH NL FAULT OF THE OTHER. ON
TERMINATION, THE CITY SHALL PAY THE CONSULTANT FOR WORK PERFORMED
TO THAT DATE.
APPROVED:
CITY OF LODI
BY
MAYOR OF THE CITY OF
LODI
ATTiST a
-------------------------
CITY CLERK
APPROVED AS TO FORM
AND LEGALITY
-----------------------
-CITY ATTORNEY
APPROVED
RICHARD BIGLER ASSOCIATES.
a
;8Y-------------------------
'...,,..:.RICHARD
A B I GLER
LANDSCAPE ARCHITECT
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