HomeMy WebLinkAboutAgenda Report - November 17, 1982 (54)1
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RESOLUTION NO. 82-127 F
RESOLUTION APPROVING RIGHT-OF-WAY
WITH'
RESOLVED the City Cosa cit. c_s --he City o.: L _,._
hereby approve an amendment to the right-of-way services agreement
with Cal Trans for the Stockton Street Project and authorizes the
City Manager and the City Clerk to execute same for the City of
Lodi.
BE IT FURTHER RESOLVED that the City Council of the City
of Lodi does hereby authorize the City Manager and City Clerk to
accept and execute the right-of-way agreements as properties are
acquired.
Dated: November 17, 1982
I hereby certify that Resolution No. 82-127 was =_-
passed and adopted by the City Council of the.
City of Lodi in a regular meeting held -
November 17, 1982 by the following vote:
Ayes: Council Members - Olson, Pinkertcn,
Murphy, Snider, and
Reid (Mayor)
Noes: Council Members - None
Absent: Council Members - None
ALICE M. REIMCHE
City Clerk
M
CITY OF LOT
PUBLIC WORKS DEPARTMENT ;
COUNCIL COMMUNICATION
TO: 'i ., ;;3I
FROM City Hanager
DATE: November 12, 1982
SUBJECT: R/W Amendment with CAL TRANS - Stockton Street Project
RECOMMENDED ACTION: That the City Council (a) approve an Amendment to the
Right -of -Way Services Agreement with CAL TRANS for the Stockton Street project
and authorize the City Manager and City Clerk to execute same for the City,.
and (b): authorize the City Manager and City Clerk to accept and execute the
right-of-way agreements as the properties are acquired.
BACKGROUND INFORMATION: The City of Lodi entered into an agreement with
CAL TRAN9 In 1979 to acquire the necessary rights of way for the Improvement
of South Stockton Street. That agreement was to expire December 31, 1982.
With the delays in Stockton Street prell-minary design, EIR, etc. that date
will be here before we can acquire those rights of way. The City Attorney
has reviewed the'Amendment and approves of the document extending the original
agreement for two years until December 1984.
Everything Is in order and it is our recommendation that the Amendment be
approved and executed. Hopefully, acquisition will start in early 1983•
k L. Ronsko
Iic Works Director
Attachment
JLRIGER/eeh
APPROVED:
A. GLAVES, City Manager
FILE NO.
AMENDMENT TO AGREEMENT NO. 10-660
WHEREAS, C :;
acting by a` n3 l :1,ro u,mil th
District 10, have heretofore entered into a Right of Way
Services Agreement dated June 19, 1979, which sets forth the
covenants and conditions under which STATE. is to perform
right of way services on behalf of CITY, and
WHEREAS, said agreement was to expire December 31, 1981
and was extended by letter to December 31,,1982, and
WHEREAS, the scope of the project has changed since the
execution of the original agreement such that the right of
way work has not yet commenced, and
WHEREAS, both parties desire to extend the agreement
and modify the provisions to address the present project
concept.
NOW, THEREFORE, by reason of the foregoing, the parties
hereto agree that this Agreement shall be amended as follows:
SECTION I - STATE AGREES:
t
Paragraph IA shall be modified to read
A. To review right of way maps and legal descriptions
prepared by CITY for sufficiency pursuant to
Federal eligibility requirements.
or upon either party giving ninety (90) days written
notice to the other parties, whichever occurs first.
If termination occurs prior to completion of services,
STA -"; 1i� prov-1, '3 CIT"!
; lti:il
individual par:c.-els. C" -'M will 1-ia ale_.
obligations entered into by STATE on behalf of the
CITY and any costs authorized by CITY and incurred
by STATE up until the time of termination, including
costs of termination services.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement No. 10-660 to be executed by their respective officers,
duly authorized, the provisions of which amendment are effective
as of the day, month and year hereinbelow crritten.
Date
STATE OF CALIFORNIA CITY OF LODI
Department of Transportation
By
By
District Director of Attest
Transportation
s a-:
City Clerk
Approved as to; Form and Procedure:I
City Attorney
.II
t
SECTION II CITY AGREES:
Paragraph 1 shall be revised to read:
s
F
1. Support Cost s Q
To deposit with STATE within 30 days of receir
of billing therefore an advance deposLt in an
amount equal to 14% of the estimated reimbursable
support costs plus 1001". of the overhead assessment
computed on the support costs. This figure
represents the CITY's share of the estimated cost
to STATE for the requested services. STATE shall
not commence Services until deposit has been
received.
Paragraph 2 shall be likewise revised to read:
2. Capital Costs:
To deposit with STATE within 30 days of receipt
of billing therefore an advance deposit approved
by CITY in an amount a qua i to 14% of the estimated
capital outlay costs. This figure repre s,:nts the
CITY's share of the estimated costs for acquisition
of the right of way. The advance deposit will be
made prior to the STATE's initiation of negotiations
on said project.
Paragraph 8 shall be amended to read:
To furnish STATE with current title reports on
properties to be acquired andopenan escrow
account for each acquisition. CITY will be.
responsible for all title and escrow fees.
CITY or STATE may make payments direct to title
company(ies) for these services. CITY may
process a progress payment request for reim-
bursement to cover those title expenses paid
direct by CITY.
SIELTION III•
Paragraph 11 shall be revised to read:
11. That this agreement will terminate December 31, 1984
or upon compiation of services referred to herein