HomeMy WebLinkAboutAgenda Report - May 5, 1999 E-08CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Approve Agreement for Professional Services between City of Lodi and Atlas
Properties, Inc. for urban design/architectural plans to be completed by Carl A.
Worthington AIA ASLA and Associates.
MEETING DATE: May 5, 1999
PREPARED BY: Economic Development Coordinator
RECOMMENDATION: To approve the Agreement for Professional Services for Carl A. Worthington
and Associates to carry out a scope of work that includes the preparation of thematic urban design plans
for the joint Cinema/Parking/Retail/Streetscape project.
BACKGROUND INFORMATION: Over the past year, the City of Lodi has taken part in ongoing theater
discussions with the proposed developers, Edward A. Barkett and Anthony M. Barkett. In an attempt to
make the project economically viable and create a strong anchor to furthering the Downtown
redevelopment, designs of the facility have taken on many different looks. A consistent effort, however,
has been made to cooperatively partner with the developer on all aspects of the project. In fact, a
precedent has been established to financially partner with the Barketts on issues of common interest and
benefit to both parties. Examples include the original combination theater/parking structure design and the
Environmental Site Assessment Analysis, Phases I and II.
For cost reasons, we have abandoned the combination theater/parking structure concept and have begun
a master design plan on a theme that will include three separate but complementary elements:
1) A downtown "park and ride" structure that is to be financed with a combination of federal grant moneys,
2) Streetscape treatment along Elm and Sacramento Streets to be funded with Community Development
Block Grant Funds, and 3) A theater design. The trick to the master design plan is to jointly coordinate the
three components with a common architectural theme — a task left to the Carl A. Worthington design team
that has extensive experience in specially designed infill entertainment—oriented projects. As a matter of
information, the Worthington design team was selected through an RFP process conducted by the
developers, and after several interview sessions with City staff.
Since two of the project components, parking structure and streetscape design, are considered to be the
City's sole responsibility, we are proposing to participate with the developer in assuming our share of the
design costs. These costs will be born by the Business Attraction Fund which was adopted by the Council
in October of 1996 as part of the Central City Revitalization Incentive Package.
Applicable contracts and memorandums of understanding are attached.
APPROVED:
H. bilon Flinn -- City
CITY OF LODI COUNCIL COMMUNICATION
FUNDING: $28,000 (Economic Development Business Attraction Fund)
L
Vicky McAfKie, Finance Direct r
Respectfully submitted,
Tony C. o ing
Economic Development Coordinator
APPROVED:
H. D' on Flynn — City Manager
ripr Lu Z�Jj it:ut%a Htlas Properties/RJR Dev. 2095575279 p.2
MEMORANDUM OF UNDERSTANDING
TIIIS MEMORANDUM OF UNDERSTANDNNG, by and between E&Nard A. Barkett
and Anthony M. Barkett (the "Developer"), on the one hand, and the City of Lodi, a public body
corporate and politic (the "City"), on the other hand, is entered into as of this day of April,
1999.
RECITALS
A. On or about January 15, 1999, Developer and the City entered into that certain
agreement entitled Exclusive Right to Negotiate Agreement pursuant to which Developer grid the
City agreed to exclusively negotiate over the purchase and sale of certain City -owned parcels of
Land for the purpose of constructing a multi -screen theater in Downtown Lodi.
B. Developer and the City are currently cooperating to establish a master design plan
for parts of Downtown Lodi along School Street, Elm Street and Sacramento Strc*et (the "Project
Area").
C. The City desires that the Developer retain a licensed architect to create a master
design plan for the Project Area.
D. Based upon size and scope of the Project Area, the City and the Developer have
determined that the City should reimburse the Developer for Seventy Percent (70%) of all
architectural costs incurred by the Developer in developing a master plan for the Project Area.
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Developer and the
City hereby agree as follows:
AGREEMENT
L Developer shall hire a licensed architect to create a master design plan for the
Project Area.
2. Developer shall provide the City with copies of (i) all documentation related to the
hiring of an architect, Ch) all drawings and work product prepared by the architect and (iii) all
invoices submitted by the architect.
3. Within fourteen (14) days after receipt from Developer of an invoice from the
architect or any subcontractors hired by the architect to perform services related to the master
design plan of the Project Arca, the City shall remit to Developer an amount equal to Seventy
Percent (70%) ofthe amount of the architect's and/or the subcontractor's invoice; provided,
however, that absent approval from the City Council, the City shall not be required to reimburse
Dcvcloper for architectural casts which exceed, ill total, the Burn of $40,000. Accordingly, absent
City Council approval, the City's total architectural cost reimbursements to Developer shall not
exceed $28,000.
AF'R-2e-1999 10:39 2099575279 P•02
Hpr 29 JJ 11:UJa Htlas Properties/RJR Uev. 209957527y
4. Any controversy between Developer and the City involving the construction or
application of any of the terms, conditions or provisions of this Nfemorandum of Understanding
shall, without exception, be submitted to arbitration. Such arbitration shall be conducted in
accordance with and governed by the rules of the California Judicial Arbitration Act. The cost of
arbitration, including reasonable attorney's fees, shall be borne by the losing party or in such
proportion as determined by the arbitrator.
S. This Memorandum of Understanding represents the entire Memorandum of
Understanding between the parties relating to the subject matter hereof and supersedes all prior or
contemporaneous Memorandum of Understandings, whether oral or written.
6. Any modification of this Memorandum of Understanding will be effective only if it
is in writing and signed by the party to be charged.
7. The waiver by one party to any right to which it is entitled under this
Memorandum of Understanding shall not act as a waiver of that right or any other right for all or
any other times.
S. If any provision of this Memorandum of Understanding is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining provision shall continue
in full force and effect without being invalidated or impaired in any way.
9. This Memorandum of Understanding shall be governed by and construed in
accordance with the laws of the State of California.
10. Should any party hereto commence suit to enforce the rights and obligations
created by this Memorandum of Understanding, the prevailing party shall he entitled to reasonable
attorney's fees and costs.
IN WITNESS WHEREOF, Developer and the City have executed this Memorandum of
Understanding as of the date first written above.
DEVELOIrER THE CITY OF LOW
By
Edward A- Barkett its
Anthony M. Barkett
Appmed as to foam
01* Athi&1 y -
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APR -28-1999 10:39 2099575279 P.03
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9 March 1999
ILL• ,_1l_' 1.,'_1 .. J11 'L.1
reljw el ns:.,Tca
Mr, Edward Barkett
Mr. Anthony Barkett
2800 Wesr March Tame 0360
Stockton, CA 95211-8218
Re: LODI DOWNTOWN
PROPOSAL FOR DESIGN SERVICES
Dear Ed and Anthony,
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CARL A. WORTHINGTON AJA ASLA
and Associates
1.e"6V
Wf+m drslgn
aoweectase
I really ciqjoyed meeting with both of you and Rad lest wee,: regarding Dowatown Lodi. As we
discussed, these properties will pliy a very irnportaut role as an entertainment(retali hub for the
entire con=unity. The challenge is still how to plan the various uses to achieve the greatest
overall synergistic impact for the uses while enha=l g the Ihtk between the proposed Cineplex
on Elm St_ on the Wcat had the City larking Structure and IZeIt to the East. Funowing is a
Revised Proposal for Design Services, per our discussion.
OBJECTIVF
To prepare a Conceptual Master Plan to esublish the character for a compact, pedvwlAn-
oriental mixed-use Entc District along Elm And Sacra lento Streets that will
become a regional attraction., stimulating additional public and private xenovation and
improvements of the outer adjacent properties. This Ca=eptual Master Plan vrould set the it cme
for proceeding to Schematic Dr.6 u for each project comment.
• Blook 1
- Approx, 54,400 sf
- Cineplex
- 12 screens - 40,000 sf
- Rcteil -14,000 sf +
- Possible small waste cleanup outlot on comer
- To be developed by the Barkettis
• Block 2
- Approx. 43,200 sf
- Parldnz 0"--
- 446 spares 3L
- Retail along Street
- 20,400 sf
- To be daMoped by the City
2601 91Ak9 SlrQK Sude 400 GWV&. GQ $0205
Telephone 303 2910284 FwAlml'1e 303 296 9172
RPR. -28-1999 08:02 209 939 9029 P.02
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•' Edward B6Ame
Mr. Andiou Barkctt
9 Nfwch 19"
Page 2 of9
Block 3
- I Bleck of Sacramento St. & £hn St.
Block 4
- Futum City Parking Lot
See EXMIT No. 4
PE -Op SERVI S
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WL A. WORTNINGYQN
and Assodfates
pfaanlrB
W6= 4$0
ertkiteeftec
- New Sutetscve Improvements to be developed
by the, City
- Approx. 20,400 of
- 5udace only
To be developed by the City
Q F'EPZ�T'B.RF-0NNMSSAWWPAN ST
The intent of this effort after my visit to the Site, is to inview She and Vicinity
information provided by you, the City or CaaSulMts (See EXI-KBIT NO. 1-
REQMRED DATA) to determine tbA existing Opportunities/Constraints of the site
in relation to adjacent uses. A photo inventory of adjacent uses would also be
available for ua to establish a thematic context.
This Site and Promatn Analysis would be summarized for discussioza in a Workshop
with you, the City and interested 'Property avmers or Citizens.
jTF-?j--CQNCBPjUMt. hiAS'IER PLAN
Based on the inforraetion and conclusions established in STEP 1, Conceptus!
Resign Diagrams would be prepared to f itther defirw the iute►Telationships of
Program Uses to create a destination that is a compact pedestriaa-oriented mixed -we
District liming the Cineplex to the Parking areas.
The following materials would be prepared:
conceptual Design Ideas
,Fkade Concepts
U
;2�11on
reetscape £lerneats
I Parking
D4 umstic Site Sections
These rnateridls would be presented in a Workshop with you, the City and interested
Properly Owners and Citizens.
APF,—.=_'8-1999 08:03 209 939 9029 P.03
nallJw a RD�Vif'ITGO'
•Mr. Bdwatd Burkett
Mr. Anthouy Bad=
9 March 1999
Page 3 of 9
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CARL A. WORTHINGTON AIA ASLA
and AmOCUtts
p'8
Wfdft din
arigractwe
0= ptefermed Caa4pt Diagrams are selected, t1my would then be developod into a
Conceptual Master P* presezttation package which would include:
• Illustrative Urj , esit Pian
• Building Use Pan
• Cifculation/Paridng
Streetscape Elements
• Site SeeWil.s
• Vignette Character Sketches (3)
• Birdseye Perspective (1)
• Area Tabuh6om
These materials would be presented to jou, the City, interestcd Property Own= mod
Citizens,
If requested, the following Additlortal Services could be provided:
- Slide Show
- Scale Madel
Booklet
Trips to Lodi in addition to the Workshops
EHEDULE
We are prepared to commence Services upon your Authorization and receipt of an Initial
Payment, Follo*iu& is the estimated lime frame depending on timely receipt of
information and decisions;
STEL" 1 Rec0nnaissancelFr0&= Axiysia 2-3 weeks
STEP 2 Conceptual Master Plan 46 weeks
Ke • x I• +i
In consideration for providing the above Services, the client ag= to pay fees as follows:
STEP 1 RecomWsm=e/Pro-put Analysis S 5,000.00 Estimate (Hourly)
STEP 2 Coaceptrtal Nlastor Plan $ 35,000.00 Lump Sum
Renderings budget S 10,000.00 Est, subj to approval
OCT ATRM Asneetled HmOy (E' GUBITNo.3)
APR -2E-1959 00:04 209 939 9029 P.04
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W FAward Baskett
Mr. Anthony Buktt
9 Match 1944
Ngv4-of 9
CARE A. WORTH INCTON ATA ASLA
and Aisackta
P
W60&4"
AMUes aw
An Initial Payment of $5,000.00 would be due at execution of this Ageemen% and would
be credited to final payment of STEP 2. Invoices will be submitted on a montbiy basis
and payment is to be made wid3in 15 days, See EKM81T Pio. 2.
Reimbursable aTemes are in addition to Design Seivices. We wail submit invoices
separately on a monthly basis according to FMIBIT No. 2.
EXTENDED I7F,SIGN SERVIC S
Upon. completion of the Conceptual Master Pian,, VM could provide detailed ArchiftctuW
Nsign services for each Project to Ensure the Project is propeiriy executed. These
Arebitectural Design Services would be divided into the Schematic Design Phase, Design
Development Plhese, Constctietion Documents Phase, Services During Cottstnw oa phase
as well as preparing Design Guidelines for tenants if required.
Ed and Anthony, thank you again for the opportunity to submit this Proposal, l look forward to
wlorlang with you, and the City on this challez44 Project.
SincereI
• r
Carl A. Worthington AIA ASLA
Principal
•• s i'•••
Title:
Dite:
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