HomeMy WebLinkAboutAgenda Report - October 7, 1981 (32)p,;�
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FROM:
DATE:
City Council
City Manager
October 5, 1981
COUNCIL COMMUNICATION
SUBJECT: Saint Anne's Agreement Guaranteeing Structural Capabilities
of their new Ailey
REC0MMENDED-ACTION: That the City Council direct the City Manager and City
er to execute the agreement between the Catholic Church and the City of Lodi
guaranteeing the structural capabilities of the relocated alley on the Saint
Answ:'s- School property site.
BACKGROUND INFORMATION: In early 1980 the City Council agreed to abandon the
ex t st; g --a ey on the. Saint Anne's Catho i i c School- st-te as Shown on Exfi i b i t A
If certain conditions were fulfilled. One of the conditions of abandonment
was that the new alley be constructed in conformance with City Standards.
-Si-nce the new alley site was part of the existing pl=ayground and already paved
the-Clty was requested to waive the reconstruction condition. At that time
=tie City gave the Cathol l<c Church three alfiernates to cons=i-der. They are as
fo# lows : ,
1. Reconstruct the new alley in accordance with City Standards.
2< Retain an independent soil engineering testing laboratory to
analyze the existing structural section of the new alley and
to show that it has a 20=year life based on its existing sur-
facing, base and expected loading.
3. Provide the City with a guarantee that if the alley should
fail within a 20 -year period, that the Catholic Church
would be responsible for its replacement to the City Standards
at that time.
The Catholic Church has decided to take the third alternate and the attached
agreement pre red y the City Attorney covers this guarantee.
Jac L. Ronsko
Pub) c Works Director
A acMnents
cc: City Attorney
APPROVED:
HENRY A. GLAVES. City Manager
FILE N0'.
EXHIBIT A-
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A G R E E M E N T
THIS AGREEMENT-* made and entered into this
day. of S40 01. 1-9 by and between the City of
Lodi, a municipal corporation of the State of California,
hereinafter referred to as -"City"- and Saint Anne Catholic
Church, 215 West Walnut Street, City of Lodi, County of
San Joaquin, State of California, hereinafter referred to
as "Church".
WI T -.NE SS ETH:
WHEREAS, Church desires the -e -Lod -i City Council to
vacate, pursuant to Streets and Highways Code Section 8300
et seq., the alley located within the City of Lodi and
shown on Exhibit "A" attached hereto; and
WHEREAS, as a condition of this vacation, said City
Council required Church to dedicate and construct a new
alley in conformance with City standards as shown on said
Exhibit "A"; and
WHEREAS, Church desired not to construct the new
alley to City standards, but to use the existing parking
lot surfacing; and
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WHEREAS-, Church dedicated the new alley in Exhibit
NOW, THEREFORE, the parties hereto agree as follows:
1. City agrees to maintain -the new alley in its
normal maintenance program. -
2. Church agrees to replace any or all of said
new alley for a period of 20 years which fails
as determined -byL the -Public Works Director or
his designee.
3. This Agreement shall be binding on Church, its
-assignees, or any purchaser of Church property
described as being located at 200 North
Pleasant Street.
d. The parties hereto agree that this Agreement
may be recorded in the County Recorder's office,
County of San Joaquin.
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By By
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Attest:
ALICE A. REIMCHE
City Clerk
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