HomeMy WebLinkAboutAgenda Report - April 20, 1983 (34)rrR :�t_'�_L, 17 SIT=
Agenc:a item - k-5 - Approve Amended Arreerrnt for tr'e11 17
Site was intrrziuced by City Attorney Stein. A copy of the-
subject
hesubject agree-i7nnt was presented for Council's approval and
was Mchlightei by the City Attorney.
eolivvn-n(disCllSSlon, Colmcil., on ",'OtloIl of Mayor Pro
Tc„_ore Snider, Reid second, appruvod the subject agreement
a 0 auth;-rized the City M_un`:'gcr and the City Clerk to
e-xet-ute the rtgreei-ent on kxilalf of the Citv.
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Enclosed herewith please find a fully executed copy of the Amended
Agreement for the Well 17 site which was approved by the Lodi City
Council at its April 20, 1983 meeting.
The ori-ginal has been forwarded to the San Joaquin County Recorder
for recordation and the recordation information will be forwarded
to you when it is received
If you have any questions, please do not hesitate to call.
Very truly yours,
&..a 'tn
Alice M. Reimche
City Clerk
1
C(lY COUNCILS
HENRY A CLAVES. Jr.
kVL1.YN M OLSON. Mayor CITY
OF h O D I
City Manager
JOHN R (Randy) SNIDER
ALICE h1 RFIh1CHE
Mayor Pro irmporr,
CITY HAIL. 221 WEST PINE STREET
City Clerk
ROBERT C. MURPHY
POST OFFICE BOX 320
RONALD M STEIN
JAMES i'Y PINKERTON. Jr.
LODI. CALIFORNIA 95241
City Attorney
fhED ht. RE ID
(269) 334.5634
May 2, 1983
y
Mr. Stewart C. Adams, Jr.
Mertz, Adams, Worstmann &
Funke
Professional Corporation
121 West Pine Street
Lodi, CA 95240
Dear Mr. Adams:
Enclosed herewith please find a fully executed copy of the Amended
Agreement for the Well 17 site which was approved by the Lodi City
Council at its April 20, 1983 meeting.
The ori-ginal has been forwarded to the San Joaquin County Recorder
for recordation and the recordation information will be forwarded
to you when it is received
If you have any questions, please do not hesitate to call.
Very truly yours,
&..a 'tn
Alice M. Reimche
City Clerk
1
WHEN RECORDED Rl@'JRN TO 0
City Clerk
221 West Pine St.
Lodi, CA 95240 AGREEMENT
THIS AGREEMENT made and entered into this srh_
day of _Ai_1 , 19 83, by and between the CITY OF
LODI, a niuni.cipal corporation, hereinafter called First
Party, and STEWART C. ADAMS, JR. and ROSE V. ADAMS, his
wife, hereinafter called Second Party.
1. Second Party is the owner of Lot 72, as shown
u -)on the map of Sunwest, Unit No. 2, and the First Party
is the owner of the parcel of the real property
immediately to the south and adjacent thereto and
situated at the cornar of Evert Court and Vine Street,
all as shown on the plat attached hereto as Exhibit "A"
entitled "Well No. 17" attached hereto and by this
reference made a part hereof.
2. The property covered by this Agreement is the
area that is cross -hatched on said Exhibit "A",
indicating "Subject Area".
3. First Party hereby gives Second Party the right
to use and occupy the subject area on a year-to-year
basis, subject to the terms and conditions herein set
forth.
4. Second Party agrees to pay First Party the
annual sum of $1.00 per year on July 1 with the
understanding that this Agreement shall continue from
July 1 to July 1 of each year and shall be automatically
extended on a year-to-year basis until terminated as
hereinafter provided.
S. Second Party may forthwith construct and
maintain upon the leased premises such portion of Second
Party's proposed swimming pool facilities as is
determined by Second Party.
6. In the event First Party shall hereafter
determine to abandon Water Well Site No. 17 as a
municipal water supply pumping station, and elect to sell
the subject property, First Party shall notify Second
Party, in writing, of its intention so to do. Said
property shall then and thereupon be appraised by an
independent real estate appraiser mutually agreeable to
F.'rst Party and Second Party, at the equal expense of the
parties; Second Party shall then have the first right and
option to purchase the subject property from First Party
for the appraised "bare lot" value, in cash, within sixty
(60) days of receipt of said appraisal. First Party,
upon purchase by Second Party of the subject property,
shall forthwi•tth properly seal and cap the existing Water
Well, remove First Party's improvements, and restore said
property to a buildable site.
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a 0
7. In the event Second Party shall elect not to
purchase the subject property at the appraised value
within said sixty-day period, First Party may sell the
same to any person or party on such terms and condit.:ons
as First Party shall deem proper and meet. Upon sale of
the subject property by First Party to a party other than
Second Party, First Party shall forthwith notify Second
Party in writing of the name and address of the
purchaser.
S. In the event Second Party cannot come to an
agreement with the purchaser for continued use of the
leased premises, or such portion thereof improved with
Second Party's swiruning pool facilities, within sixty
(60) days of receipt of notice of the name and address of
the purchaser, Second Party shall forthwith remove the
swimming pool facilities from the leased premises at
Second Party's sole cost and expense, and surrender
possession of the leased premises to the purchaser.
9. Second Party shall indemnify and hold First
Party free and harmless from and/or against any suit,
action, claim or demand arising out of the injury to any
person in or about the leased premises, caused by any act
or admission of Second Party, their servants, agents,
employees, licensees and invitees, or caused by any
defect in or about said leased premises, whether due to
the negligence of Second Party or otherwise, Second Party
hereby acknowledging that all dangerous places and
defects on said premises are known, and are to be made
secure and kept in such condition by Second Party.
Second Party shall obtain and pay the premium for a
policy of insurance covering injuries to persons or
property in or about the leased premi:.es, with limits of
not less than $300,000.00 for injuries to persons or
damages to property. Said policy or policies shall be
kept and maintained in full force and effect by Second
Party during the term of this lease, and said policy or
policies shall have an endorsement thereto attached
naming First Party as an additional insured. Second
Party shall deliver to First Party a copy of any such
policy or policies or a certificate indicating coverage
under said policy or policies.. .
10. This Agreement may be assigned by Second Party
to any success•r/owner of Lot 72 without the prior
written consent of First Party, provided, however, that
the said successors, heirs, or assigns shall agree to be
bound by all of the terms, provisions and conditions of
this Agreement.
-2-
I
1
11. In the event that any possessory interest tax is
levied by the San Joaquin County Assessor's Office, the
amount of said tax shall be paid by Second Party.
12. First Party and Second Party agree to the
recording of this Agreement in the San Joaquin County
Recorder's Office.
13. Upon the executic.-n of this Agreement, the
Agreement approved by the Lodi City Council on August 2,
1978 by and between First Party and Second Party to this
Agreement, which allowed for utilization of said Well 17
property, is revoked.
IN WITNESS WHEREOF,
their.- hands as of the day
vritten.
FIRST PARTY
CITY OF LODI,
a municipal corporation
Henry A. Glavest City Manager
the parties hereto have set
and year first hereinabove
Rose V. Adams
Attest:
Alice M. Rei e
- •cil.v- Clerk
STATE OF CALIFOKNIA
SAN JOAQUIN
COUNTY OF
on _Apri 1 5, 1983 - — ._ I><t..rr rl,: I,n�,,,.� r.,.i. a N,rt.lr. ►r„►,1,, „/ a,,:) I.,r ,ala
State. personally appeared sTrr C. ADAMS L JFK . Ott Ki ROSE V. Ai)ANlS
i -----.. —. prr.otulh All t r.. mr,.n .! r.• n,r..,. rh. i•, r..t •. ,•,n . �,dru.,) to! r the
prrson—&_ whow nameS a�---.— .. ,u},..
to the 'thin in%trumrm. and xknt,wlydgrd that . rtl�Y
t he umc.
w y hard and official ual. '. i OFFICIAL SEAL
Sigaaturr
JOSEPHINE RERIeH
� ry•QtANi Nt1Et ,C - CAL,FORNIA
J n..u.G•l ^r•r_t• San county
A.'.d?3.19H6
c (Typed .x Ptrrttrd)
SA004 PYf 11"M NO 7 �ih.. ..r. I..r .rli:r ,.1 w.N.ri►I .rat)
WELL NO. 17
LOT 72
7U! �zc A- oa
V 25.
zmacft wall
LQ
VINE ST.
t
No. Revised B Approve,! Ey _
Public Work. Diret:or EXHIBIT "A"
RCE M109
8 3 0 3 0 0 SA .;'��uU1�Y �UUN E IT
CO-
ttECORDER'S J,=FIC,
When recorded return to
City Clerk
City of Lodi
221 W. Pine
Lodi, day of
CA LODI ,
95240 Party,
wife,
1983 MAY 16 . Pi l Z. 10
AGREEMENT RECORCE:11 RIAUE-Si OF
_COMMA
THIS AGREEMENT made and entered ii{to -thi.
April , 19 83, by and between the CITY OF
a municipal corporation, hereinafter called First
and STEWART C. ADAPTS, JR. and ROSE V. ADW -IS, his
hereinafter called Second Party.
1. Second Party is the owner of Lot 72, as shown
upon the map of Sunwest, Unit No. 2, Vol. 22, page 28,
San Joaquin County Book of Maps and Plats, and the First
Party is the owner of the parcel of the real property
immediately to the south and adjacent thereto and
situated at the corner of Evert Court and Vine Street,
San Joaquin County Official Records, Book 3705, page 395,
all as shown on the plat attached hereto as Exhibit "A"
entitled "Well No. 17", attached hereto and by this
reference made a part hereof.
2. The property covered by this Agreement is the
area that is cross -hatched on said Exhibit "A",
indicating "Subject Area".
3. First Party hereby gives Second Party the right
to use and occupy the subject area on a year-to-year
basis, subject to the terms and conditions herein set
forth.
4. Second Party agrees to pay First Party the
annual sum of $1.00 per year on July 1 with the
understanding that this Agreement shall continue from
July 1 to July 1 of each year and shall be automatically
extended on a year -to -yea?: basis until terminated as
hereinafter provided.
5. Second Party may forthwith construct and
maintain upon the leased premises such portion of Second
Party's proposed swimming pool facilities as is
determined by Second Party.
6. In the event First Party shall hereafter
determine to abandon Water Well Site No. 17 as a
municipal water supply pumping station, and elect to sell
the subject property, First Party shall notify Second
Party, in writing, of its intention so to do. Said
property shall then and thereupon be appraised by an
independent real estate appraiser mutually agreeable to
First Party and Second Party, at the equal expense of the
parties; Second Party shall then have the first right and
option to purchase the subject property from First Party
for the appraised "bare lot" value, in cash, within sixty
(60) days of receipt of said appraisal. First Party,
upon purchase by Second Party of the subject property,
shall forthwith properly sea` and cap the existing Water
Well, remove First Party's improvements, and restore said
property to a buildable site.
-1-
.�;s„`�.��y�s^�,,.,.,-;t;,.,�aa.,' ��?”�,;�,�'St?Fse&��Ri7x`�Archa,<;�.� �.•no,W„°:,r...mr.:.-.W.-�.�a-�. . .
83034001
7. In the event Second Party shall elect not to
purchase the subject property at the appraised value
within said sixty-day period, First Party may sell t) -e
same to any person or party on such terms and conditions
as First Party shall deem proper and meet. Upon sale of
the subject property by First Party to darty other than
Second Party, First Party shall forthwith notify Second
Party in writing of the name and address of the
purchaser.
8. In the event Second Party cannot come to an
agreement with the purchaser for continued use of the
1^cased premises, or such portion thereof improved with
Second Party's swimming pool facilities, within six -y
(60) days of receipt of notice of the name and address of
the purchaser, Second Party shall forthwith remove the
swim•ning pool facilities from the leased premises at
Second Party's sole cost and expense, and surrender
possession of the leased premises to the purchaser.
9. Second Party shall indemnify and hold First'
Party free and harmless from and/or against any suit,
action, claim or demand arising out of the injury to any
person in or about the leased premises, caused by any act
or admission of Second Party, their servants, agents,
-- employees, licensees and invitees, or caused by any
defect in or about said leased premises, whether due to
the negligence of Second Party or otherwise, Second Party
hereby acknowledging that all dangerous places and
defects on said premises are known, and are to be made
secure and kept in such condition by Second Party.
Second I :ty, shall obtain and pay the premium for a
policy of insurance covering injuries: to persons or
property in or about the leased premises, with limits of
not less than $300,000.00 for injuries to persons or
damages to property. Said policy or policies shall be
kept and maintained in full force and effect by Second
Part;r ddring the term of this lease, and said policy or
policies shall have an endorsement thereto attached
naming First Party as an. additional insured. Second
Party shall deliver to First Party a copy of any such
Folicy or policies or a certificate indicating coverage
under said policy or policies.
10. This Agreement may be assigned by Second Party
to any successor/owner of Lot 72 without the prior
written consent of First Party, provided, however, that
the said successors, heirs, or assigns shall agree to be.
bound by all of the terms, provisions and conditions of
this Agreement.
21. In the event that any possessory interest tax is
levied by the San Joaquin County Assessor's Office, the
amount of said tax shall be paid by Second Party.
12. First Party and Second Party agree to the
recording of this Agreement in the San Joaquin County
Recorder's Office.
13. Upon the execution of this Agreement, the
Agreement approved by the Lodi City Council on August 2,
1978 by and between First Party and Second Party to this
Agreement, which allowed for utilization of said Well 17
property, is revoked.
IN WITNESS WHEREOF, the parties hereto have set
their hands as of the day and year first hereinabove
written.
FIRST PARTY 4SED PARTY
CITY OF LODI,
a n)unicipal corporation
artC . Adams ,✓Jr .
4.enryyGlaves, City Manager
Rose V. Adams
f
A test: �'
Al ce M. Rei the
City Clerk
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