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Home My WebLink AboutAgenda Report - April 16, 1997 (48)CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Agreement with United States Postal Service to Allow Installation of "Mini -Plaza" with Central City Revitalization Improvement Project MEETING DATE: April 16, 1997 PREPARED BY: Public Works Director RECOMMENDED ACTION: Approve the Agreement with the United States Postal Service for installation and maintenance of the "mini -plaza" to be constructed on postal service property in conjunction with the Central City Revitalization Improvement Project, and authorize the City Manager and City Clerk to execute the Agreement on behalf of the City. BACKGROUND INFORMATION: The Central City Revitalization Improvement Project includes a "mini -plaza" at the southeast corner of the intersection of Oak and School streets. The mini -plaza design encompasses the public sidewalk area and approximately 1,274 square feet of Postal Service property which currently contains landscaping and benches maintained by the Postal Service for public use. Staff has been working with the Postal Service to reach an agreement which would allow the City to install the "mini -plaza" in conformance with the revised concept plan. We had a verbal agreement some time ago and now have the final paperwork. The Agreement (Attachment 1) allows the City to use the Postal Service property and install the "mini -plaza" improvements if the City agrees to maintain the improvements at no cost to the Postal Service. The Agreement will be recorded by the San Joaquin County Recorder. Staff recommends that Council approve the Agreement and authorize the City Manager and City Clerk to execute the Agreement on behalf of the City. FUNDING: None needed. L. Ronsko Ja is Works Director Prepared by Sharon A. Welch, Associate Civil Engineer JLR/SAW Attachment cc: Senior Civil Engineer Associate Civil Engineer APPROVED: H. Dixon Flynn ity Manager Cpominip.doc 04!04197 WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 AGREEMENT ATTACHMENT 1 THIS AGREEMENT, entered into this 28ttbay of March , 1997, by and between the UNITED STATES POSTAL SERVICE, hereinafter "Owner", and the CITY OF LODI, a niunicipal corporation, hereinafter "City". WITNESSETH: WHEREAS, Owner is the owner of that certain parcel of land known as 120 S. School Street (APN 043-045-021); and, WHEREAS, Owner and City both desire to cooperate with property owners who have assessed themselves for streetscape improvements to School Street and Oak Street as shown on the plans for the Central City Revitalization Improvement Project signed December 9, 1996; and WHEREAS, said plans call for the development of a "mini -plaza" on the southeast corner of the intersection of School Street and Oak Street, consisting of the demolition of existing improvements, except for the existing stucco wall which shall remain, and installation of new curb, gutter, sidewalk, street furniture, landscaping and irrigation; and WHEREAS the location of said "mini -plaza" encompasses portions of the street right-of-way and approximately 1274 square feet of Owner's parcel referenced above and shown on attached Exhibit A. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: 1. Owner agrees to allow City to use approximately 1274 square feet of the northwest corner of Owner's property as part of a proposed "mini -plaza" to be constructed in conjunction with the Central City Revitalization Improvement Project. 2. Owner agrees to allow the City to perform the necessary demolition and install decorative sidewalk, tree wells, street furniture, landscaping and irrigation as shown on the approved plans in said 1274 square feet of the subject parcel. 3. City agrees, in exchange for the use of Owner's property, to maintain the "mini -plaza" improvements shown on the approved plans referenced above at no cost to Owner. 4. Owner and City agree that project scheduling for demolition and installation of all improvements shall be determined by the City as part of the Central City Revitalization Improvement Project. 5. Failure of either party to perform any of the duties imposed by this Agreement shall be governed by the provisions of the Contract Disputes Act of 1978 (41 U.S.C. 601-613). 6. City agrees that at such time as the public use of Owner's property ceases, Owner shall be able to recapture for its sole use its property devoted to the designated "mini -plaza" use as shown on Exhibit A. 7. In consideration of the cooperation of the Owner in permitting the use of its premises by City for the purposes described herein, said City hereby agrees to save harmless and indemnify the Owner, its officers, employees and agents from all claims, loss, damage, actions, causes of action, expense and/or liability resulting from such activity, in the event such claim, loss, damage, actions, causes of action, expense, and/or liability arise from the negligent or wrongful act or omission by an officer, employee agent or invitee of said City. Owner demands of City shout or omissions of an officer, employee, agent or i 5re�sultCiin a c al age, actions, causes of dense See Attached Hold Harmless Clause 8. Herein is set forth the entire agreement between the parties. The performance of these conditions constitutes full performance and shall relieve City of all further obligations or claims. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first hereinabove mentioned. CITY OF LODI, a Municipal Corporation By: H. Dixon Flynn, City Manager ATTEST: Jennifer Perrin, City Clerk APPROVED AS TO FORM: �a� �F. A�L, Randall A. Hays, City AAorney 2 UNITED STATES POSTAL SERVICE By: �Lt PACIFIC FACILITIES SERVICE OFFICE 395 OYSTER POINT BLVD #225 SOUTH SAN FRANCISCO, CA 94099-0300 HOLD HARMLESS CLAUSE The Postal Service hereby agrees to save harmless and indemnify the City of Lodi from all claims, loss, damage, actions, causes of action, expense and/or liability resulting from the use of said property by the Postal Service whenever such claim, loss, damage, actions, causes of action, expense, and/or liability arise from the negligent or wrongful act or omission by a Postal employee while acting within the scope of his employment, under circumstances where the Postal Service, if a private person, would be liable in accordance with the law of the place where the negligent or wrongful act or omission occurred. Notwithstanding the above, the Postal Service shall be under no obligation to save harmless and indemnify the City of Lodi where the negligent or wrongful act or omission by the City, its employees or agents, in any way causes or contributes to the claim, loss, damage, actions, causes of action, expense/or liability. CITY OF LODI DEPARTMENT EXIII,BIT A School Street South of Oak Street Proposed Mini—Plaza Site Oak Street ■ ■ ■IHH ■ NOT TO SCALE ■ ■ r �■ r ■ �� '■ Property Line Post Office f -4--J�V)Stucco Wali I 0 I 0 9. I ' ` I v LEGEND — Post Office Property "■■■■■� — Mini=Plaza Limits kl :\Tra f fi c\Sc h., _O c k CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _ County of No. 5907 On a before me, Yo ff1VNE C-. Le-i✓N&Al IV UaZJc, DA ,v NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTAR PUBLIC" personally appeared �hl V � jE7 h' NAME(S) OF SIGNER(S) personally known to me - OR - ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their — M-0— JOAWNtc.CAMM signature(s) on the instrument the person(s), COMMb m*1067143 ' NotafyPL"lc —Oaqftn-ja or the entity upon behalf of which the SAN MATED COUNTY �MComm.ExOrmAug 11.IM person(s) acted, executed the instrument. WITNESS my hand and official seal. 4zg�� a - 2� SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184