HomeMy WebLinkAboutAgenda Report - November 19, 1986 (62)�
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AGREEMENT WITH
SOUTHERN PACIFIC
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COMPANY APPMVEC`
CITY,COtTIdCIL, MEETING f
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AGREEMENT WITH
SOUTHERN PACIFIC
TRANSPORTATIC:?
COMPANY APPMVEC`
For the past 32 years the City of Lodi has leased from the
Southern Pacific Transportation Company for public parking
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the lot on Sacramento Street between East Pine and East Elm
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streets. There have been just two adjustments to the initial
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annual rental fee of $240 during this period. For the past
12 years, the annual rental fee has remained at $650.
Several months ago, Southern Pacific advised the City that
the current fee was substantially below market, and that an
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adjustment to $3,500 per ,year, was appropriate. The Public -
Works Director was directed to contact two local realtors in
an effort to determine the market price for such a lease :n
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the downtown area. His discussion with the realtors resulted
in staff agreeing that the requested annual lease payment is
consistent with existing market conditions. Staff tried to
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negotiate a three-year lease and to expand the lease to
include the additional unimproved area between the existing
improved parking lot and East Pine Street. However, since
Southern Pacific desires to maintain maximum. flexibility with
respect to its ultimate development or disposition of this
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property, these positions were riot attainable.
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Council approved the lease agreement for use of the Southexn
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Pacific parking lot and authorized the City Manager and City
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Clerk to execute the subject agreement.
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0 U CIL COMMUNICATIO
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TO._ THE CITY COUNCILDATE:
]9,-1986.
NO
FROM THE -,CITY MANAGER'S OFFICE .. ,
November,
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SUBJECT'TEASE AGPEEMENT FOR USE OF SOUn-,IERN PACIFIC PARKING IAT
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PREPARED BY: City Manager
RECUVENDED ACTION: That the City Council authorize the City Manager to
execute on behalf of the.City of Lodi a Letter
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Agreement (L'xhibit A) with the Southern Pacific
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Transportation Company providing : for the City's; lease of the parking ;lot on,-,.
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Sacramento Street between E. Pine and E. Elm streets.'.
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BACKGROUND INFORMF,TION: For the past 32 years the City of Lodi has leased
from the Southern Pacific Transportation Ccopany for
public kin publ� parking the lot on Sacramento Street ° between
E. Pine and E. Elm streets. There have been just two adjustments to the
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initial annual rental fee of $240 during this period. For the past;12 years,
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the annual rental fee has remained at $650. Several months ago, Southern
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Pacific advised the City that the current fee was substantially below market,
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and that; an adjustment ,to $3, 500; per year was appropriate. The Public Works
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Director was directed to contacttcao local realtors in an effort to determine
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the market price for such a lease in the downtown area. His discussion with
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the realtors resulted in staff agreeing that the requested annual lease payment
is consistent with existing market conditions: Staff tried to negotiate a
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three-year lease and to expand the lease to. include the additional unimproved
area between the existing improved' parking lot and E.. Pine Street. However,
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since` Southern Pacific desires. to maintain maximum flexibility with respect to
its ultimate developr. nt or disposition of this:;Property,.these'.positions were
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not attainable.
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Respectfully submitted,
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Thomas A. Peterson
City Manager
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COUNC108
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CITY COUNCIL
FRED M. REID. Mayor
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EVELYN M. OLSON
Mayor Pro Ternpore
DAVID M. HINCHMAN
JAMES W. PINKERTON, Jr.
JOHN R. (Randy) SNIDER
Southern Pacific Transportation Cmipany
5110 Fast Clinton Way, Suite 117
Fresno, CA 93727
Gentlemen:
THIS LEITER AGRFETJEVT, executed this 19th day of November,
1986 , by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a
corporation, first party, hereinafter to ned "Railroad", and. CITY OF -
LODI, a municipal corporation of the State of California, second party,
herein tented "Lessee".
1. WHEREAS, Railroad and Lessee entered into a certain lease dated
April 30, 1954, whereunder Railroad leased to Lessee a certain
parcel of land at Lodi, San Joaquin County, California, in the
location more particularly indicated on the print attached thereto
and made a part thereof, for parking of automobiles, whereby
Lessee paid to Railroad, an annual rental fee of $240.00, payable
in advance; and
2. WIMEAS, Railroad and Lessee entered into a supplemental agreement
dated December 15, 1954, whereunder it was mutually agreed by and
between the parties hereto to increase the area to be included in
said lease more particularly indicated on the print attached
thereto and made a part thereof, and whereby Lessee agreed to pay.
to Railroad. an increas in the annual rental fee fora total of
$485.00, payable in advance; and
3. WHEREAS, Railroad and Lessee entered into a supplemental aL3reement
dated October 22, 1974, whereunder the parties hereto mutually
agreed that the annual rental Lessee pays to Railroad, be
increased to $650..00 per annum, payable annually in advance; and .
4. WHEREAS, Railroad gave Lessee notice via certified mail letter on
June 11, 1986, that Railroad is increasing the rental amount frcm
$650.00 per annum, to $3,500 per annum for the above-described
leased Railroad property, said increase to beccme effective August
1, 1986 for a one year term to July 31, 1987; and
5. WHEREAS, said notice being given by Railroad falls under the terms
of Section 8 of the Lease Agreemnt between Railroad and Lessee
dated April 30, 1954, wherein the .existing lease is terminable by
either party on.30-days written notice;
NOW, THEREEiORE, the parties hereto do hereby agree to amend the
aforesaid lease in that, effective August 1, 1986, and for a term
of one year thereafter, rental for Railroad's premises, subject of
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said recited lease as amended, shall be increased .to the scan of
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Three ThousandFive Eiarbdre�d Dollars ($3,500.00) per:; annum;< payable
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annually in, advance,
from the. period. August, 1,.1986 to`July 31,'
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1987..
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7. Except as herein 'otherwise provided, all terms and conditions of
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said recited lease
dated April 30, 1954, as amended,- shall
continue in full force and effect.
IN WITNESS WHEREOF,
the parties hereto have caused this Letter
Agreement to, be executed;
in duplicate 'as, of the .:'day :,and..year first
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hereinabove written.
CITY OF LODI,
SOUTEUMq PACIFIC TRANSPORTATION
a municipal -corporation
COMPANY, successor by merger to
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SOUTHERN PACIFIC COMPANY,
acorpo ration
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By
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THOMAS A. PETERSON
CITY MANAGER
By
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J. B. HORS' MAN
Agent for Southern Pacific
Transportation CaTpany
ATTEST.
ALIO M. REI14CHE
CITY CLERK
APPROVED AS TO FORM.:.
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RONALD M. STEIN
CITY ATTORNEY
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