HomeMy WebLinkAboutAgenda Report - November 21, 2012 C-08AGENDA ITEM C
(1)CITY OF LODI
COUNCIL COMMUNICATION
Im
AGENDA TITLE: Adopt Resolutions Authorizing City Managerto Execute Third Amendment to
Woodbridge Irrigation District Water Purchase Agreement and Lease Agreement
for Assessor Parcel No. 015-160-16
MEETING DATE: November 21, 2012
PREPARED BY: PublicWorks Director
RECOMMENDED ACTION: Adopt resolutions authorizing City Managerto execute Third
Amendment to Woodbridge Irrigation District Water Purchase
Agreement and Lease Agreement for Assessor Parcel No. 015-160-16.
BACKGROUND INFORMATION: In 2003, the City entered into a water purchase agreement with
Woodbridge Irrigation District (WID) to purchase a long-term water
supply. The 40 -year agreement provides the City with 6,000 acre-feet
annually (about one third of our current demand) and a "banking" period in which water is paid for but not
utilized. Banked water would be provided to the City as available during the later years of the agreement.
The City and WID entered into two amendments to the Water PurchaseAgreement in January 2008 and
April 2009. The amendments allow the City to bank additional water through 2010 while constructing the
Surface Water Treatment Facility and accommodate WID's sale of water to the City of Stockton.
The Third Amendment to the Water Purchase Agreement is attached as Exhibit and makes the
following major changes:
WID agrees to retroactively bank the 2011 and 2012 water that the City was unable to use during
the construction of the Surface Water Treatment Facility.
Lodi agrees to install additional filtration facilities and engage in storm water management
practices to prevent garbage or other contaminants from entering the WID canal. The filtration
system is expected to cost approximately $50,000. In addition, summer storm water flows will be
held in the Debenedetti Park basin for settling before being discharged to the WID canal.
The Lease Agreement is attached as Exhibit B and establishes the ground lease for the Water Treatment
Facility Raw Water Pump Station. The term of the lease is concurrent with the Water Purchase
Agreement. Through the term of the Lease, the City agrees to pay WID $1,000 annually and to install
frontage improvements (curb, gutter, sidewalk and storm drainage) along the larger parcel that includes
the leased property (Orange Street and East Carolina Street). The improvements will be timed with any
development on the larger parcel by WID and will be terminated if they cannot be engineered to permit
gravity -fed drainage through Orange Street and East Carolina Street. If the City does install the
improvements, the City would likely need to amend its storm water agreement with the County to take
this additional storm water.
APPROVED:
radt Bartlam, City Manager
KAWP\Water\CWIDAmendment3.doc 11/5/2012
Adopt ResolutionsAuthorizing City Manager to Execute Third Amendment to Woodbridge Irrigation
District Water PurchaseAgreement and Lease Agreement for Assessor Parcel No. 015-160-16
November 21, 2012
Page 2
FISCAL IMPACT: Third Amendment to Water Purchase Agreement: $50,000 for filtration
device
Lease: $1,000 annual rent and potential future frontage construction costs
of $65,000
FUNDING AVAILABLE: Surface Water Treatment Plant Operating (180461)
C:A�
Jordan Ayers
Deputy City Manager/Internal Services Director
Q
F. Wally Sandelin
PublicWorks Director
FWS/pmf
Attachments
cc: Anders Christensen, Woodbridge Irrigation District
Dan O'Hanlon, KMTG
Charlie Swimley, Deputy PublicWorks Director/City Engineer
Larry Parlin, Deputy PublicWorks Director— Utilities
K:\WP\Water\CWIDAmendment3.doc 11/8/2012
THIRD AMENDMENT TO 2003 AGREEMENT FOR PURCHASE OF WATER
FROM WOODBRIDGE IRRIGATION DISTRICT BY CITY OF LODI
The CITY of LODI and the WOODBRIDGE IRRIGATION DISTRICT agree
that the May 13, 2003 "Agreement for Purchase of Water from the Woodbridge Irrigation
District by the City of Lodi," as amended by the First Amendment on January 17, 2008
and by the Second Amendment on April 9, 2009, is further amended this day of
, 2012 as follows.
1. Section 3.e. of the Agreement is amended by the following deletion and insertion
on lines 3 and 4:
e. Commencing on January 1 of the seventh year following the year in which
execution of this Agreement occurs, the amounts payable to the District under paragraph
1, and the amounts payable to the District under subparagraphs 3.b. and 3.d, shall be
increased by two percent per year above the amounts payable during the preceding
calendar year. In the event that the annual change in the Consumer Price Index (CPI -W,
unadjusted U.S. average) published in December of each year by the United States
Bureau of Labor Statistics, commencing in December in the year preceding such seventh
year, has increased more than two (2) percent above the December Index of the prior
year, the increases in the amounts payable in the ensuing year shall be in the percentage
of that increase; provided that any such annual increase shall not exceed five percent
(5%).
2. A new subparagraph d. relating to additional banked water is inserted in Section
8, as follows:
d. Supplemental Tier II Banked Water Account. Lodi is unable to begin the
use of its 6,000 acre-foot annual water entitlement from the District in the year 2011, and
may be unable to use all of its 6,000 acre-foot entitlement in year 2012. District agrees
that Lodi shall have the right to bank the unused water during the years 2011 and 2012 in
a supplemental "Tier II banked water account" with the District, in addition to the
42,000 acre-feet of water already banked under paragraph 8.a., but not to exceed an
additional 12,000 acre-feet, under the following terms. Such Tier II banked water shall
be available to Lodi during the term of this Agreement (up to October 15, 2047), after all
of Lodi's 42,000 acre-feet of already -banked water under paragraph 8.a. and all of its
then -accrued deficiency banked water under paragraph 8.b., has been requested by and
made available to Lodi. The Tier II banked water shall be delivered to Lodi on its
request, at no additional charge, in such years at such times and in such amounts as the
District has additional water available, as determined solely by the District, that is in
excess of the District's delivery obligations in that year under the following:
a) the 6,000 a.f. contract water entitlement of Lodi,
b) the 6,500 a.f. contract water entitlement of Stockton,
c) any water that may be requested by Stockton that remains in its banked water
account,
1
d) Any water that either Lodi or Stockton are entitled to purchase under their
respective Agreements resulting from annexation of agricultural lands;
e) Any water Stockton desires to purchase under its existing contract with WID for
the purchase of additional available water (which is subject to Lodi's right to
purchase such additional water on a parity with Stockton).
3. The existing subsection 8.d. is renumbered to 8.e., as follows:
e. Except as provided in subparagraph a, no credits shall accrue for water
that is available to but is unused by the City.
4. A new Section 14.b. is inserted. as follows:
14.b. Improvements to City's Storm Drain System which discharges water into
District's South Main Canal. In order to minimize impacts to the quality of the water
conveyed by the District through its South Main Canal system, which is used by the
District to deliver water to its agricultural customers and to deliver water to the City of
Stockton for municipal purposes, and to comply with the City's obligation under its
Storm Water Management Plan which requires the City to reduce and eliminate pollutant
discharges to the maximum extent practicable from its storm water system into waters
tributary to waters of the U.S., City shall take the following steps to eliminate and reduce
from the waters discharged from the City's storm water system into the District Canal any
contaminants or toxic substances, including plant debris, fertilizers, pesticides, dirt,
wastes, or automotive fluids, that may be contained in said discharged waters:
%//
• During the periods each year the District is conveying water in the South Main
Canal for delivery to its users (which begins on or after March 1 and ends on or
before October 31), City will reroute the drainage into the District's Canal from
the City's storm water system at its pump station at Century Station, into City's
DeBenedetti detention basin, for settling, storage and evaporation and percolation
into the groundwater basin. In the event the DeBenedetti basin fills, flows of
settled water will be redirected back to Century Station for discharge to the
District's Canal long enough to create additional storage and settling capacity in
the DeBenedetti basin. The process will be repeated as necessary to prevent the
direct discharge from the City's Storm Drain System into the District Canal during
the remainder of the period the District is scheduled to deliver water that season,
i.e., up to October 31.
• Installation and maintenance of a trash removal system capturing substantially all
of the Shady Acres water shed at a technically feasible location that utilizes
current available separation technology. The system shall be approved by the
District and will be designed with the capacity to remove trash and grass, but the
City only guarantees the installation of a system so designed.
(signatures on the following page)
2
Dated:
ATTEST:
ANDERS CHRISTENSEN
District Secretary
2012
Dated: ,.2012
ATTEST:
RANDI JOHL, City Clerk
WOODBRIDGE IRRIGATION DISTRICT
WILLIAM STOKES
President
APPROVED AS TO FORM:
DANIEL F. GALLERY
Attorney for Woodbridge Irrigation District
CITY OF LODI, a California municipal
corporation
KONRADT BARTLAM
City Manager
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER
City Attorney
11/02/12
Recorded by, and when
recorded return to:
Woodbridge Irrigation District
18777 No. Lower Sacramento Rd.
Woodbridge, CA 95258
LEASE OF WOODBRIDGE IRRIGATION DISTRICT TO CITY OF LODI
OF A PARCEL FOR LODI'S WATER SYSTEM PUMPING PLANT
1. Woodbridge Irrigation District ("District") hereby leases to the City of Lodi
("City"), on the terms herein set forth, that property which is described on Exhibit A
attached hereto and depicted on the plat map attached as Exhibit B, and which is
hereinafter referred to as the Leased Property. The Leased Property is an 85 -foot by 111 -
foot portion of the District's Assessor's Parcel No. 015-160-16, and is located south of
the District's Canal. The Leased Property is shown as a portion of the District's Parcel
16 on the current San Joaquin County Assessor's Map No. 015-16 attached hereto as
Exhibit C. The location of the Property is also indicated on the aerial map attached
hereto as Exhibit D.
2. The Leased Property shall be used by City only for the installation, operation,
maintenance and repair of a pump station and appurtenant facilities to pump water to
City's new water treatment plant to the south, which water is delivered to City by the
District from the District's Canal on the east side of Lower Sacramento Road (Main
Street), and for no other purposes. The lease shall terminate if City ceases use of the
parcel for such purposes for more than one year. This termination provision shall not be
triggered if WID water is not available for delivery to the City. City shall not assign or
transfer the lease or sublet any interest in the Leased Property to any other party without
the express consent of the District.
3. The term of the lease shall be for the same term as the Agreement for Purchase of
Water from the District by the City of Lodi entered into on May 13, 2003, and amended
on January 17, 2008, which amendment extended the initial 40 -year term of the Water
Purchase Agreement to October 15, 2047. The January 17, 2008 amendment also
included a provision for renewal of the Water Purchase Agreement for an additional forty
(40) years, on the terms stated in the amendment. Provided that the City is in
compliance with the requirements and conditions of this Lease, the term of this Lease
may also be renewed for an additional forty (40) years, i.e., to October 15, 2087, on terms
and conditions that are reasonable and equitable and concurrently with a renewal of the
Water Purchase Agreement.
4. During the term of the Lease, the District will provide non -consumptive water to
the Leased Property from the District's well for incidental uses in and around the City's
1
pumping station, including landscaping, washing down buildings and equipment. The
District will install a waterline from its well to the northwest corner of the Leased
Property, and City will extend the waterline from that connection point onto the Leased
Property, and on which the City will install and maintain a water meter at a location
approved by the District together with a shutoff valve and a backflow prevention device.
District will bill the City annually for the use of the water at a rate of $2.50 per 1,000
gallons, which rate will be increased by five percent (5%) per year, commencing on
January 1 of the year following which the pumping plant has been installed on the Leased
Property for a full calendar year, and the rate shall thereafter be increased by five percent
each January 1 thereafter above the amount payable during the preceding calendar year.
City will pay for its metered water use annually, by January 31 for the prior calendar
years use.
5. The District will also grant to City an easement in or over the District's adjoining
Assessor's Parcel No. 015-160-16 in a mutually acceptable location for electric service to
the Leased Property, provided that said easement shall not interfere with the District's
existing or future use of the District's adjoining Parcel. The term of such easement shall
be to October 15, 2047, and also renewable on the same terms as the Water Purchase
Agreement.
6. In consideration of this Lease, City shall do the following:
a. Pay to the District the sum of One Thousand Dollars ($1,000) annually,
payable on the 10th day of January of each year during the term of the lease,
commencing on January 10, 2013.
b. At such time as the District applies to the County of San Joaquin to make
improvements to the District's adjoining Assessor's Parcel No. 015-160-16, City shall
obtain the necessary permits for and construct in a good and workmanlike manner in
compliance with the specifications of the County and to the reasonable satisfaction of the
District, new curbing, gutters, storm drainage pipelines, drainage inverts and sidewalks
along the south and west boundary of the District's Parcel No. 015-160-16 as shown on
the Exhibit C map, i.e., from Main Street west along the north boundary of Carolina
Street to Orange Street, thence north along the east side of Orange Street, and including a
concrete driveway from Orange Street onto the west side of the District's said Parcel No.
015-160-16 in a location specified by the District. City's obligations to perform the work
under this subparagraph will terminate if it is not possible (physically or as a result of
county permitting requirements) to accommodate the resulting drainage within the
Orange Street (WID Canal to East Carolina Street) and East Carolina Street (Orange
Street to Lower Sacramento Road) rights of way.
C. City shall pay any taxes or assessments imposed or levied on the Leased
Property.
7. City shall cause any boundary and parcel surveys to be made by a licensed surveyor
which either party deems to be necessary or appropriate with respect to the boundaries of
2
the Leased Property. District does not guarantee or warrant its title to the Property herein
leased to City.
8. Hazardous materials
a. City shall not use or allow any hazardous materials to be used upon the
Leased Property excepting for such types and kinds and in such quantities as are
commonly and customarily associated with the operation of a water pumping plant, but
City shall not release or dispose of any such materials on, under or about the Leased
Property.
b. The District's property, of which the Leased Property is a part, is bounded
by the District's Woodbridge Canal, Lower Sacramento Road (Main Street), Carolina
Street and Orange Street. It was acquired by the District in 1953 from the Woodbridge
Protection District No. 1, and has been used since that time for the purpose of storing
miscellaneous District equipment and for storing dirt materials taken from and used on
and along the District's canals and patrol roadways.
C. District has made no investigation, inspection or testing of the soils on the
leased premises and makes no representation to City as to the suitability of the soils to
support City's planned development, and any such investigation or inspection shall be the
sole responsibility of the City.
d. District represents to the City that to the best of the actual knowledge of
District's Board of Directors and of the District's Manager, but without any independent
investigation having been made by the District:
• No hazardous materials have been stored, treated, handled,
processed, disposed of, discharged or released on, under or from
the Leased Property, or transported therefrom for storage,
treatment or disposal off-site; and that
• There are no underground storage tanks or pipelines on the Leased
Property.
9. District shall have the right throughout the term of the Lease to enter upon the
Leased Property to read the water meter and to have the same tested, and to inspect the
City's operations and activities on the Leased Property upon reasonable prior notice.
10. City shall indemnify, hold harmless and defend District, its directors, officers,
agents and employees from and against any and all claims, demands, causes of action,
damages, costs, losses, liabilities or expenses for, but not limited to, injury or death of
any person and damages to or destruction of property of any person, occurring on the
Leased Property or arising out of or in any manner directly or indirectly connected with
City's use or occupation of or construction on the Leased Property or any activities
thereon, however caused, except where caused by the negligence or willful misconduct of
the District or its directors, officers, employees or agents.
3
11. The waiver by the District of any covenant herein shall not vitiate the same or any
other obligation or covenant contained herein.
Dated: 92012
ATTEST:
ANDERS CHRISTENSEN
District Secretary
Dated:
ATTEST:
RANDI JOHL, City Clerk
2012
WOODBRIDGE IRRIGATION DISTRICT
WILLIAM STOKES
President
APPROVED AS TO FORM:
DANIEL F. GALLERY
Attorney for Woodbridge Irrigation District
CITY OF LODI, a California municipal
corporation
KONRADT BARTLAM
City Manager
APPROVED AS TO FORM:
D. STEPHEN SCHW ASE
City Attorney
11/2/12
4
ACKNOWLEDGMENT
State of California
County of
On before me,
(here insert nanie and title of the officer)
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
ACKNOWLEDGMENT
State of California
County of
On before me,
(here insert mmw and title of the officer)
personally appeared ,who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I cert ify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
Elm Street
BAU M EACH & PIAZZA, INC _ Lod, CA.95240.2003
CIVIL ENGINEERS • LAND SURVEYORS Phone (209) 368-6618
Fax (209) 368-6610
www.bpengineers.net
Legal Descriptions top-awO
?NO � for the City of Lodi
Water Pumping Plant
An easement comprised of the following two parcels:
Parcel 1:
The south 91.00 feet of the east 85.50 feet of the following described tract of land:
All that portion of Block twenty-one (21), in THOMAS ADF-F-VTO THE TOWN OF WOODBRIDGE,
filed for record June 27, 1878, in Volume 2 of Maps and Plats, page 61, San Joaquin
County Records, lying and being South of that certain canal running through said Block
21, known and called the Woodbridge Canal.
Parcel 2:
The east 85.50 feet of the following described tract of land:
All that portion of the north twenty (20) feet (measured at right angles) of Carolina
Street (100 feet wide) lying between the east right of way line of Orange Street (100
feet wide) and the west right of way line of Main Street (100 feet wide), as said Carolina
Street is shown upon the map or plat entitled THOMAS ADDUY-KNTO THE TOWN of
WOODBRIDGE, filed for record June 27, 1878, in Book of Official Maps and Plats, Volume 2,
page 61, San Joaquin County Records. _—
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33
RESOLUTION NO. 2012-186
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THIRD AMENDMENT CIF 2003 WATER
SALEAGREEMENT BETWEEN WOODBRIDGE
IRRIGATION DISTRICTAND THE CITY OF LODI
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the Third Amendment to the 2003 Water Sale Agreement between Woodbridge
Irrigation District and the City of Lodi permitting the retroactive banking of 2011 and 2012
water and agreeing to install additional filtration facilities and engage in storm water
management practices, as shown on Exhibit A attached hereto; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Managerto executethe amendment,
Dated: November 21, 2012
I hereby certify that Resolution No. 2012-186 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held November 21, 2012, by the
following vote:
AYES: COUNCIL MEMBERS— Hansen, Johnson, Katzakian, Nakanishi,
and Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
City Clerk
JEXHI�b_i
THIRD AMENDMENT TO 2003 AGREEMENT FOR PURCHASE OF WATER
FROM WOODBRIDGE IRRIGATION DISTRICT BY CITY OF LODI
The CITY of LODI and the WOODBRIDGE IRRIGATION DISTRICT agree
that the May 13,2003 "Agreement for Purchase of Water from the Woodbridge Irrigation
District by the City of Lodi," as amended by the First Amendment on January 17, 2008
and by the Second Amendment on April 9, 2009, is further amended this _ day of
, 2012 as follows.
on lines 3 and
e. Commencing on January 1 of the seventh year following the year in which
execution of this Agreement occurs, the amounts payable to the District under paragraph
1, and the amounts payable to the District under subparagraphs 3.b. and 34 shall be
increased by two percent per year above the amounts payable during the preceding
calendar year. In the event that the annual change in the Consumer Price Index (CPI -W,
unadjusted U S . average) published in December of each year by the United States
Bureau of Labor Statistics, commencing in December in the year preceding such seventh
year, has increased more than two (2) percent above the December Index of the prior
year, the increases in the amounts payable in the ensuing year shall be in the percentage
of that increase; provided that any such annual increase shall not exceed five percent
(5%).
2. A new subparagraph d. relating to additional banked water is inserted in Section
8, as follows:
d. Supplemental Tier II Banked Water Account. Lodi is unable to begin the
use of its 6,000 acre-foot annual water entitlement from the District in the year 2011, and
may be unable to use all of its 6,000 acre-foot entitlement in year 2012. District agrees
that Lodi shall have the right to bank the unused water during the years 2011 and 2012 in
a supplemental "Tier II banked water account" with the District, in addition to the
42,000 acre-feet of water already banked under paragraph 8.a., but not to exceed an
additional 12,000 acre-feet, under the following terms. Such Tier II banked water shall
be available to Lodi during the term of this Agreement (up to October 15, 2047), after all
of Lodi's 42,000 acre-feet of already -banked water under paragraph 8.a. and all of its
then -accrued deficiency banked water under paragraph 8.b., has been requested by and
made available to Lodi. The Tier II banked water shall be delivered to Lodi on its
request, at no additional charge, in such years at such times and in such amounts as the
District has additional water available, as determined solely by the District, that is in
excess of the District's delivery obligations in that year under the following:
a) the 6,000 a.f. contract water entitlement of Lodi,
b) the 6,500 at contract water entitlement of Stockton,
c) any water that may be requested by Stockton that remains in its banked water
account,
d) Any water that either Lodi or Stockton are entitled to purchase under their
respective Agreements resulting from annexation of agricultural lands;
e) Any water Stockton desires to purchase under its existing contract with WID for
the purchase of additional available water (which is subject to Lodi's right to
purchase such additional water on a parity with Stockton).
3. The existing subsection 8.d. is renumbered to 8.e., as follows:
e. Except as provided in subparagraph a, no credits shall accrue for water
that is available to but is unused by the City.
4. A new Section 14.b, is inserted, as follows:
14.b. Improvements to City's Storm Drain System which discharges water into
District's South Main Canal. In order to minimize impacts to the quality of the water
conveyed by the District through its South Main Canal system, which is used by the
District to deliver water to its agricultural customers and to deliver water to the City of
Stockton for municipal purposes, and to comply with the City's obligation under its
Storm Water Management Plan which requires the City to reduce and eliminate pollutant
discharges to the maximum extent practicable from its storm water system into waters
tributary to waters of the U.S., City shall take the following steps to eliminate and reduce
from the waters discharged from the City's storm water system into the District Canal any
contaminants or toxic substances, including plant debris, fertilizers, pesticides, dirt,
wastes, or automotive fluids, that may be contained in said discharged waters:
///
• During the periods each year the District is conveying water in the South Main
Canal for delivery to its users (which begins on or after March 1 and ends on or
before October 31), City will reroute the drainage into the District's Canal from
the City's storm water system at its pump station at Century Station, into City's
DeBenedetti detention basin, for settling, storage and evaporation and percolation
into the groundwater basin. In the event the DeBenedetti basin fills, flows of
settled water will be redirected back to Century Station for discharge to the
District's Canal long enough to create additional storage and settling capacity in
the DeBenedetti basin. The process will be repeated as necessary to prevent the
direct discharge from the City's Storm Drain System into the District Canal during
the remainder of the period the District is scheduled to deliver water that season,
i.e., up to October 31.
• Installation and maintenance of a trash removal system capturing substantially all
of the Shady Acres water shed at a technically feasible location that utilizes
current available separation technology. The system shall be approved by the
District and will be designed with the capacity to remove trash and grass, but the
City only guarantees the installation of a system so designed.
(signatures on the following page)
2
Dated:
ATTEST
012
WOODBRIDGE IRRIGATION DISTRICT
WILLIAM STOKES
President
APPROVED AS TO FORM:
ANDERS CMUSTENSEN DANIEL F. GALLERY
District Secretary Attorney for Woodbridge Irrigation District
Dated:
ATTEST
RANDI JOHL, City Clerk
2012
CITY OF LODI, a California municipal
corporation
KONRADT BARTLAM
City Manager
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER
City Attorney T��
11/02/12
3
RESOLUTION NO. 2012-187
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING LEASEAGREEMENTFORASSESSOR
PARCEL NO. 015-160-16 BETWEEN WOODBRIDGE
IRRIGATION DISTRICTAND THE CITY OF LODI
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the Lease Agreement for Assessor Parcel No. 015-160-16 between
Woodbridge Irrigation District and the City of Lodi establishing the ground lease for the
Surface Water Treatment Facility Raw Water Pump Station, as shown on Exhibit A
attached hereto; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Managerto execute the agreement.
Dated: November 21, 2012
I hereby certify that Resolution No. 2012-187 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held November 21, 2012, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Nakanishi,
and Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
RANDI JOHL
City Clerk
2012-187
Recorded by, and when
recorded return to:
Woodbridge irrigation District
18777 No. Lower Sacramento Rd.
Woodbridge, CA 95258
LEASE OF WOODBRIDGE IRRIGATION DISTRICT TO CITY OF LODI
OF A PARCEL FOR LODI' S WATER SYSTEM PUMPING PLANT
1. Woodbridge Irrigation District ("District") hereby leases to the City of Lodi
("City"), on the terms herein set forth, that property which is described on Exhibit A
attached hereto and depicted on the plat map attached as Exhibit B, and which is
hereinafter referred to as the Leased Property. The Leased Property is an 85 -foot by 111 -
foot portion of the District's Assessor's Parcel No. 015-160-16, and is located south of
the District's Canal. The Leased Property is shown as a portion of the District's Parcel
16 on the current San Joaquin County Assessor's Map No. 015-16 attached hereto as
Exhibit C. The location of the Property is also indicated on the aerial map attached
hereto as Exhibit D.
2. The Leased Property shall be used by City only for the installation, operation,
maintenance and repair of a pump station and appurtenant facilities to pump water to
City's new water treatment plant to the south, which water is delivered to City by the
District from the District's Canal on the east side of Lower Sacramento Road (Main
Street), and for no other purposes. The lease shall terminate if City ceases use of the
parcel for such purposes for more than one year. This termination provision shall not be
triggered if WID water is not available for delivery to the City. City shall not assign or
transfer the lease or sublet any interest in the Leased Property to any other party without
the express consent of the District.
3. The term of the lease shall be for the same term as the Agreement for Purchase of
Water from the District by the City of Lodi entered into on May 13, 2003, and amended
on January 17, 2008, which amendment extended the initial 40 -year term of the Water
Purchase Agreement to October 15, 2047. The January 17, 2008 amendment also
included a provision for renewal of the Water Purchase Agreement for an additional forty
(40) years, on the terms stated in the amendment. Provided that the City is in
compliance with the requirements and conditions of this Lease, the term of this Lease
may also be renewed for an additional forty (40) years, i.e., to October 15,2087, on terms
and conditions that are reasonable and equitable and concurrently with a renewal of the
Water Purchase Agreement.
4. During the term of the Lease, the District will provide non -consumptive water to
the Leased Property from the District's well for incidental uses in and around the City's
pumping station, including landscaping, washing down buildings and equipment. The
District will install a waterline from its well to the northwest corner of the Leased
Property, and City will extend the waterline from that connection point onto the Leased
Property, and on which the City will install and maintain a water meter at a location
approved by the District together with a shutoff valve and a backflow prevention device.
District will bill the City annually for the use of the water at a rate of $2.50 per 1,000
gallons, which rate will be increased by five percent (5%) per year, commencing on
January 1 of the year following which the pumping plant has been installed on the Leased
Property for a full calendar year, and the rate shall thereafter be increased by five percent
each January 1 thereafter above the amount payable during the preceding calendar year.
City will pay for its metered water use annually, by January 31 for the prior calendar
years use.
5. The District will also grant to City an easement in or over the District's adjoining
Assessor's Parcel No. 015-160-16 in a mutually acceptable location for electric service to
the Leased Property, provided that said easement shall not interfere with the District's
existing or future use of the District's adjoining Parcel. The term of such easement shall
be to October 15, 2047, and also renewable on the same terms as the Water Purchase
Agreement.
6. In consideration of this Lease, City shall do the following:
a. Pay to the District the sum of One Thousand Dollars ($1,000) annually,
payable on the 10th day of January of each year during the term of the lease,
commencing on January 10, 2013.
b. At such time as the District applies to the County of San Joaquin to make
improvements to the District's adjoining Assessor's Parcel No. 015-160-16, City shall
obtain the necessary permits for and construct in a good and workmanlike manner in
compliance with the specifications of the County and to the reasonable satisfaction of the
District, new curbing, gutters, storm drainage pipelines, drainage inverts and sidewalks
along the south and west boundary of the District's Parcel No. 015-160-16 as shown on
the Exhibit C map, i.e., from Main Street west along the north boundary of Carolina
Street to Orange Street, thence north along the east side of Orange Street, and including a
concrete driveway from Orange Street onto the west side of the District's said Parcel No.
015-160-16 in a location specified by the District. City's obligations to perform the work
under this subparagraph will terminate if it is not possible (physically or as a result of
county permitting requirements) to accommodate the resulting drainage within the
Orange Street (WID Canal to East Carolina Street) and East Carolina Street (Orange
Street to Lower Sacramento Road) rights of way.
C. City shall pay any taxes or assessments imposed or levied on the Leased
Property.
7. City shall cause any boundary and parcel surveys to be made by a licensed surveyor
which either party deems to be necessary or appropriate with respect to the boundaries of
2
the Leased Property. District does not guarantee or warrant its title to the Property herein
leased to City.
8. Hazardous materials
a. City shall not use or allow any hazardous materials to be used upon the
Leased Property excepting for such types and kinds and in such quantities as are
commonly and customarily associated with the operation of a water pumping plant, but
City shall not release or dispose of any such materials on, under or about the Leased
Property.
b. The District's property, of which the Leased Property is a part, is bounded
by the District's Woodbridge Canal, Lower Sacramento Road (Main Street), Carolina
Street and Orange Street, It was acquired by the District in 1953 from the Woodbridge
Protection District No. 1, and has been used since that time for the purpose of storing
miscellaneous District equipment and for storing dirt materials taken from and used on
and along the District's canals and patrol roadways.
C. District has made no investigation, inspection or testing of the soils on the
leased premises and makes no representation to City as to the suitability of the soils to
support City's planned development, and any such investigation or inspection shall be the
sole responsibility of the City.
d. District represents to the City that to the best of the actual knowledge of
District's Board of Directors and of the District's Manager, but without any independent
investigation having been made by the District:
No hazardous materials have been stored, treated, handled,
processed, disposed of, discharged or released on, under or from
the Leased Property, or transported therefrom for storage,
treatment or disposal off-site; and that
• There are no underground storage tanks or pipelines on the Leased
Property.
9. District shall have the right throughout the term of the Lease to enter upon the
Leased Property to read the water meter and to have the same tested, and to inspect the
City's operations and activities on the Leased Property upon reasonable prior notice.
10. City shall indemnify, hold harmless and defend District, its directors, officers,
agents and employees from and against any and all claims, demands, causes of action,
damages, costs, losses, liabilities or expenses for, but not limited to, injury or death of
any person and damages to or destruction of property of any person, occurring on the
Leased Property or arising out of or in any manner directly or indirectly connected with
City's use or occupation of or construction on the Leased Property or any activities
thereon, however caused, except where caused by the negligence or willful misconduct of
the District or its directors, officers, employees or agents.
11. The waiver by the District of any covenant herein shall not vitiate the same or any
other obligation or covenant contained herein.
Dated: 12012
ATTEST:
WOODBRIDGE IRRIGATION DISTRICT
WILLIAM STOKES
President
APPROVED AS TO FORM:
ANDERS CHRISTENSEN DANIEL F. GALLERY
District Secretary Attorney for Woodbridge Irrigation District
Dated: ,2012
ATTEST:
RANDI JOHL, City Clerk
CITY OF LODI, a California municipal
corporation
KONRADT BARTLAM
City Manager
APPROVED AS TO FORM:
D. STEPHEN.SIC A
City Attorney
11/2/12
4
State of California
County of
On
before me,
ACKNOWLEDGMENT
(here insert naive and title of the office))
personally appeared ,who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in 1us/her/their authorizedcapacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
ACKNOWLEDGMENT
State of California
County of
On before- me,
(here insert name and title of the officei)
personally appeared , who,; proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the persori(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
8AU M BAC.H & PiAzZAy INC. Lodi GA Elm S24
CIVIL ENGINEERS* LAND SURVEYORS phone (20$) 3686610
Fax (209) 368..6610
www.bpengineers.net
legal DescriptionsfeO.
/► Q�'®� Gageme"t for the City cE Lodi
. Water Pumping Plant
An easement comprised of the following two parcels:
Parcel 1:
The south 91.00 feet of the east 85.50 feet of the following described tract of land:
All that portion of Block twenty-one (21), in THOMAS ADDITION TO THE TOWN OF WOODBRTDGE,
filed for record June 27, 1878, in Volume 2 of Maps and Plats, page 61, San Joaquin
County Records, lying and being South of that certain canal running through said Block
21, known and called the Woodbridge Canal.
Parcel 2:
The east 85.50 feet of the following described tract of land:
All that portion of the north twenty (20) feet (measured at right.ang.les. of Carolina.
Street (100 feet wide) lying between the east right of way line .of Qrange Street (100
feet wide) and the west right of way line of Main Street (100 feet Wide), as said Carolina
Street is shown upon the map or plat entitled THOMAs ADDMON To THE TOWN of
WOOD:BRIDGE, filed for record June 27, 1878, in Book of Ofticial Maps and Plats. Volume 2,
page 61., San Joaquin County Records. ._-
EXHIBIT A
S:\Projects\2009\09017\80_Documents\doc\Pumping Plant Easement.doc
Water Pumping Plant
..Ea"wt Plat
prepared for: City of Lodi
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EXHIBIT B
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CIVIL ENGINEERS • SURVEYORS,
wwwbr)engineers.net 3,23. W. Elm St.
209.368.6618 Lodi, CA 95240
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CITY COUNCIL
JOANNE L. MOUNCE, Mayor
ALAN NAKANISHI,
Mayor Pro Tempore
LARRY D. HANSEN
BOBJOHNSON
PHILKATZAKIAN
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209)333-6710
EMAIL pwdept@lodi.gov
http:\Xwww.lodi.gov
November 14,2012
Anders Christensen
Woodbridge Irrigation District
18777 N. Lower Sacramento Road
Woodbridge, CA 95258
KONRADT BARTLAM
City Manager
RANDIJOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
F. WALLY SANDELIN
Public Works Director
Dan O'Hanlon
KMTG
400 Capitol Mall, 27th Floor
Sacramento, CA 95814-4416
SUBJECT: Adopt Resolutions Authorizing City Manager to Execute Third Amendment
to Woodbridge Irrigation District Water PurchaseAgreement and Lease
Agreement for Assessor Parcel No. 015-160-16
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, November 21, 2012. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunityto address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letterto City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand-deliverthe letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately priorto the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Randi Johl, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call me at (209) 333-6706.
F. Wally Sandelin
713r' PublicWorks Director
FWS/pmf
Enclosure
cc: City Clerk
NMDAMENDMENT3.100C