HomeMy WebLinkAboutAgenda Report - November 6, 1996 (72)CITYOFLODI COUNCIL COMMUNICATION
AGENDA TITLE: Agreement for Maintenance of Walkway Between Vineyard Shopping Center and
Brandywine Drive
MEETING DATE: November 6, 1996
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council authorize the City Manager to execute the attached
agreement with New Generation Trading Company for the purpose of
maintaining the walkway between the Vineyard Shopping Center and
Brandywine Drive.
BACKGROUND INFORMATION: The City Council has received complaints and voiced concerns over the
maintenance of the walkway between the Vineyard Shopping Center
and Brandywine Drive. In reviewing this walkway in the field with the
Community Development Director, it was determined that the walkway
is highly used by pedestrian traffic from the residential area to the south and it is felt that the walkway
cannot be abandoned. In researching the ownership of this walkway, it was determined that it is not
owned by the City and, therefore, is not maintained under our landscape maintenance contract.
In reviewing this problem with the Street Superintendent, it was determined that the City of Lodi would be
much better off if the owner of this walkway would pay the City to have it maintained under our citywide
landscape maintenance contract. It was felt that by making some minor improvements using City forces
we could bring this walkway up to the standards of our other walkways and could then be added to the
landscaped areas and maintained by contract. Presently, this walkway is not handicapped accessible
from the Vineyard Shopping Center. It is our intent, as part of providing some additional hardscaping, to
also cut in a handicap ramp to make the total walkway handicapped accessible.
Our landscape maintenance contractor will maintain this walkway on a weekly basis for $50 per month.
This will include the maintenance of the landscaping together with picking up all debris and trash
deposited on the site. The property owner has agreed to pay the cost of the contract maintenance.
The attached agreement includes all of the terms and conditions verbally agreed upon with the property
owner.
FUNDING: Not applicable. +' /
Jack . Ronsko
Publi Works Director
JLR/lm
Attachment
cc: Street Superintendent
New Generation Trading Company
Sterling Property Management
APPROVED: -
H. Dixon Flynn -- City Manager
VNYDWALK.DOC � 10/29/96
AGREEMENT
FOR MAINTENANCE OF WALKWAY BETWEEN
VINEYARD SHOPPING CENTER AND BRANDYWINE DRIVE
PARTIES:
This agreement is made by and between the City of Lodi, a municipal corporation
("City") and New Generation Trading Company ("Property Owner") on this day of
. 1996.
RECITALS:
The Property Owner herein owns property through which a walkway runs between
Brandywine Drive and Beckman Shopping Center (APN 060-040-0014) which is located in
the City of Lodi as shown on the Assessor's Parcel Map attached.
The property owner desires to enter an agreement with the City for the maintenance
of said walkway for a two year period.
TERMS AND CONDITIONS:
1. Premiaas: Property Owner grants to City the right to maintain said walkway for a
minimum contract period of two years.
2. Maintenance: The following shall be provided by the City at no cost to the Property
Owner:
a. Administer the maintenance contract to ensure compliance to City standards;
b. Repair and modify the sprinkler system as necessary;
C. Provide additional appropriate landscaping in the walkway area, to include
planting creeping fig on the easterly wall to reduce the problem of graffiti;
d. Take over the maintenance of the walkway lighting;
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J:1CA%CITY\CONTRACTIC-W LKWAY.DOC
e. Provide some additional hardscaping to facilitate the bike riders who are not
following the walkway alignment;
f. Continue to provide graffiti removal;
g. City to provide additional Police patrol and surveillance of the area.
2. Consideration: Property Owner shall pay to the City an annual maintenance fee
equal to $50.00 per month payable in advance in the amount of $600.00 per year for the two
year maintenance contract. A check made payable to the City of Lodi in the amount of
$600.00 shall be tendered to the City upon execution of this agreement, and a second
annual payment shall be received on or before 1997.
Property Owner will continue to pay for the water and electricity required to maintain
the walkway.
3. Extension of Agreement; With the approval of City and Property Owner this
agreement, by means of a letter signed by both parties can be extended beyond the two
year period. The annual maintenance fee may increase based on formal bids received by
City for contract landscape maintenance.
4. Hold Harmless: Property Owner shall save, defend, indemnify and hold harmless
City, its officers, agents, employees or volunteers from all damages, costs or expenses in
law or equity which may at any time arise or be set up because of damages to property or
personal injury occurring by reason of, or in the course of the maintenance of said walkway
area. Such indemnity shall include attorney's fees. This paragraph and all other provisions
of this agreement, shall apply and be construed as applying to any subcontractor of City.
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1:1CA1C [TY\CONTRAC'I\C-W LK W AY.DOC
5. Entire Agreement: This document contains the entire agreement between the
parties. Any inconsistent prior or contemporaneous oral terms are void and shall not be
used to modify or supplement this written agreement.
IN WITNESS WHEREOF, the parties hereto, being in agreement with the terms of
this writing, have set their hands as follows:
CITY OF LODI, a municipal corporation:
By:
H. DIXON FLYNN
City Manager
Attest:
Jennifer M. Perrin
City Clerk
Approved as to form:
ez&'�w Z5;�V '000�
FkANDALL A. HAYS
City Attorney
3
J ACA%C 1MCONTRACTIC- W LK W AY. DOC
New Generation Trading Company
By:
BEATRICE HSU
Secretary
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Cl T Y OF L OD/
Assessor's .MO.
CITY COUNCIL
DAVID P. WARNER, Mayor
PHILLIP A. PENNING
Mayor Pro Tempore
RAY C. DAVENPORT
STEPHEN J. MANN
JACK A. SIECLOCK
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(2 09) 333-6706
FAX (209) 333-6710
November 1, 1996
New Generation Trading Company
P. O. Box 2972
Saratoga, CA 95070
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
Sterling Management Company
Attn: Jennifer Porter
1420 W. Kettleman Ln., Ste. U
Lodi, CA 95242
SUBJECT: Agreement for Maintenance of Walkway Between
Vineyard Shopping Center and Brandywine Drive
Enclosed is a copy of background information on an item on the City Council
agenda of Wednesday, November 6, 1996, at 7 p.m. The meeting will be held 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 opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to 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 -deliver the letter to the City Clerk at 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 prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call me at (209) 333-6709.
C�
eackL.nsko
rks Director
JLR/lm
Enclosure
cc: City Clerk
NVNYDWLK.DOC