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Home My WebLink AboutAgenda Report - September 2, 1987AGREEMENT FOR LEASE OF CITY PROPERTY (WEST WALNUT STREET, BETWEEN SACRAMENTO STREET AND SOUTHERN PACIFIC RAILROAD TRACKS) TO RICHARD J. CLARK APPROVED CC -27(b) * CITY-COUiYCIL MEETING SEPTEMBER 2, 1987 The City Council approved an agreement between the City of Lodi and Mr. Richard J. Clark poi• the lease or City property (West Walnut Street, between Sacramento Street and the Southern Pacific Railroad tracks) and authorized the City Manager and City Clerk to execute -ame. Council was apprised that since 1982, the City has leased this property first to Baldwin Oldsmobile Buick, Inc. and then to Mataga Olds, Buick, Inc. As of July I, 1937, the latter terminated the lease with appropriate notification to the City. Mataga Olds, Buick, Inc. has relocated to a parcel on Beckman Road. A portion of the building formerly occupied by Mataga is now being occupied by Mr. Richard J. Clark, DBA/Sam's Auto Clinic, and Mr. Clark wishes to lease the West Walnut Street area from the City. The staff has no problem with the continued lease of this property since it may be terminated by either party upon 30 days written notice. COUNCIL COMMUNICATION TO: THE CITY COUNCIL NO. FRO,AA THE CITY NiANAGER'S CMCE September 2, 1987 SUBJECT APPROVE AGREEMENT FOR LEASE OF CITY PROPERTY (WEST WALNUT STREET, BETWEEN SACRAMENTO STREET AND SOUTHERN PACIFIC RAILROAD TRACKS) TO RICHARD J. CLARK PREPARED BY: City Manager RECOMMENDED ACTION: That the City Council approve an agreement between the City of Lodi and Mr. Richard J. Clark for the lease of City property (West Walnut Street, between Sacramento Street and the Southern Pacific Railroad tracks) and authorize the City Manager and City Clerk to execute same. BACKGROUND INFORMATION: Since 1982, the City has leased this property to first Baldwin Oldsmobile Buick, Inc. and then Mataga Olds, Buick, Inc. As of July 1, 1987, the latter termi:,ated the lease with appropriate notification to the City. Mataga Olds, Buick has relocates to a parcel on Beckman Road. A portion► of the building formerly occupied by Mataga is now being occupied by Mr. Richard J. Clark, DBA/Sam's Auto Clinic, and Mr. Clark wishes to lease the W. Walnut Street area from the City. The area subject to the lease is depicted on the attached exhibit. Also attached (Exhibit A) is a copy of the lease agreement prepared by the City Attorney. The staff has no problem with the continued lease of this property since it may be terminated by either party upon 30 days written notice. TAP:br Attachments TXTA.07A COUNC257 Respectfully submitted, i -7CG'- Thomas A. Peterson City Manager C!TY C0 Urn CN, EVELYN ".t OISC)�..tiia%or JOHN R (Randv} 5 N I D I R !favor Pro I empore DAVID ,Ni rilN( tt�1,hN FRED 10 REID September 2, 1987 CITY 0kv I CI Tv ttI'll L, "? a'EIT PNE STREET CALL ricx qV6 LORI. rALiFORNIA 95241-1910 {�09? 3.34-5614 TEEECONER (2051 3.33-6:95 Mr. Richard J. Clark Owner/Manager Sam's Auto Clinic 1028 Victor Road Lodi, California 95240 THC.10AS .A PETE RSON Ci,y (manager ALICE M. RE!NICHE. Crtv Clerk RONAi.D ;w Sf E tN City Attorr%ey Re: Use of Walnut Street Public Right -of -Way, Sacramento Street to the Southern Pacific Railroad for the Purpose of the Parking of Vehicles. Dear Mr. Clark: Your request on behalf of Sam's Auto Clinic (hereinafter called Lessee) for the use of the Walnut Street public right-of-way and Sacramento Street to the Southern "acific Railroad within the City of Lodi for the purpose of the parking of vehicles, was submitted to the Lodi City Council at its regular meeting held September 2, 1987. You are advised that your request was accepted by the City Council, subject to the conditions as set forth in this letter. Please sgn and return all copies of this letter which will constitute your acceptance of the conditions set fo,-th, as follows: (1) The City of Lodi agrees that Lessee may use the public right-of-way on Walnut Street and Sacramento Street to the Souchern Pacific Railroad within the City of Lodi for the purpose of the parking of vehicles and as set forth in the map attached hereto as Exhibit A and incorpn--ated herein by reference. (2) Said property use shall be 3n a month-to-month basis and may be terminated by either party upon 30 days' written notice. Said termination shall be without cause. If the City of Lodi terminates the use of said property, the City, of Lodi shall be under no obligation to find any other location within the City of Lodi for the use by Sam's Auto Clinic for the parking of vehicles. (3) The rental fee for said use shall be $50.00; monthly. The payment of this fee shall be made to the City of Lodi Finance Department. (4) All work within the public right-of-way shall require prior approval and shall require the issuance of a City of Lodi encroachment permit. Said approval shall be obtained from the Director of the Public Works Department of the City of Lodi. Page Tato Agreement Sam's Auto Clinic (5) Lessc shall maintain an existing fence along said proper; line. Said fence location shall remain as approved by the Community Development Department of the City of Lodi. (6) Lessee agrees to maintain in full force during the term hereof a policy of getieral liability insurance which contains an Additional Named Insured Endorsement naming the City of Lodi as an Additional Insured, and under which the insurer agrees to indemnify and hold the City of Lodi harmless from and against all costs, expenses, and liability arising out of, or based upon, any and all property damage, or damages for personal injuries, including death, sustained in accidents occurring in or about the demised premises; where such accident, damage, or injury, including death, results or is claimed to have resulted, from any act or omission on the part of Lessee or Lessee's agents or employees in the implementation of this ccntract. The minimum limits of such insurance shah be $500,000/$1,000,000 Bodily Injury; $100,000 Property Damage, or $1,000,000 combined single limit. In addition to the Additional Named Insured Endorsement on Lessee's policy of insurance, said insurance policy shall be endorsed to include the following language: "Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the coinsurance afforded by this endorsement." A duplicate or certificate of said bodily injury and property damage insurance containing the above -stated required endorsements shall be delivered to the City Attorney after the issuance of said policy, with satisfactory evidence that each carrier is required to give the City of Lodi at least 30 days prior notice of the cancellation or reduction in coverage of any policy during the effective period of this Agreement. The insurance certificate must state on its face or as an endorsement, a description of the leased property that it is insuring. A dupl•'cate or certificate of said insurance must be in the City's hands at the time of the execution of the lease agreement. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. This paragraph and all other provisions of this Agreement shall apply and be construed as applying to any subtenant of Lessee. Page Three Agreement Sam's Auto Clinic IN WITNESS WHEREOF, the parties hereto have executed this Letter Agreement the day and year first written above. CITY OF LODI Sam's Auto Clinic a municipal corvoration ils Approved as to Form: RO..*ALD M. STEIN City Attorney agrsams/txta.Olvv By: THOMAS A. PETERSON City Manager Attest: ALICE M. 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