HomeMy WebLinkAboutResolutions - No. 84-183
P.ESOLUrICN tD. 84-183
RFSOLUI'ICN APPROVING AGREB'vmT BEIWEEN 1HE CITI AND 'Il-IE ClllllTI OF SAN J(lt,QJIN RELATING 10 1HELFASING OF LAND FCR A MireANI' I.Alill CJlMP
RESOLVED, that the City Cotmcil of the City of Lodi does hereby
approve an Agreement between the City of Lodi and the Cotmty of San Joaquin
relating to the leasing of land for a Migrant Labor Qmp, a copy of which is
attached hereto marked Exhibit "A" and thereby made a part hereof.
BE IT FlIDHER RESOLVED that the Mayor and City Clerk are hereby
authorized to execute the subject Agreement on behalf of the City.
Dated: Novenber 21, 1984 I hereby certify that Resolution No. 84-183 was passed and adopted by the City Cotmcil of the City of Lodi in a regular meeting held Novenber 21, 1984 by the following vote:
Ayes: Counci I Meni:>ers -Hincllllan, Pinkerton, Reid, Olson, and Snider (Mayor)
Noes: Counci I Merrbers -None
Absent: Cotmci 1 l\1errbers -None
Ulftt lit· foa,rd, Alice M. Reimche City Clerk
84-183
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AGREEMENT BETWEEN THE CITY OF LODI AND COUNTY OF SAN JOAQUIN RELATING TO A LEASE OF LAND FOR A MIGRANT LABOR CAMP
THIS AGREEMENT is made and entered into this day of
----------, 1984, by and between the County of San
Joaquin, a political subdivision of the State of California,
hereinafter referred to as "COUNTY", and the City of Lodi, a
municipal corporation, hereinafter referred to as "CITY".
WITNESS ETH:
WHEREAS, CITY owns land located on the south side of Harney
Lane, west of Tully Road, which is presently being used by the
COUNTY for a sanitary landfill; and
13 WHEREAS, a Pacific Gas and Electric Company power easement
14 has been granted on the westerly portion of such CITY property;
15 and
16 WHEREAS, the need exists for additional migrant labor housing
17 in San Joaquin County; and
18 WHEREAS, the COUNTY proposes to arrange for the construction
19 of migrant labor housing on COUNTY property located west of and
20 adjacent to CITY property; and
21 WHEREAS, the COUNTY has need of additional property for con-
22 struction of the migrant labor housing; and
23 WHEREAS, a portion of the CITY property, west of the Pacific
24 Gas and Electric Company easement, and adjacent to the proposed
25 labor camp is sufficient for COUNTY purposes; and
26 WHEREAS, use of this portion of CITY property will require
(__ 27 relocation of an access road to the southerly portion of CITY and
COUNTY property; and 1
2 WHEREAS, the construction of additional migrant labor housing(
3 is in the best interests of the people of the COUNTY and the
4 CITY;
5 NOW, THEREFORE, IT IS MUTUALLY AGREED that CITY lease to
6 COUNTY the premises described in Exhibits A and B attached hereto
7 and incorporated by reference herein, under the following con-
s ditions:
9 -1. The term of the lease shall be for fifty (50) years,
10 com.-nencing _______________ , 19 , and ending
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2.In consideration of this lease, COUNTY shall pay CITY
13 One Dollar ($1.00) per annum.
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3.COUNTY shall use the premises for construction of a
migrant labor camp, to be administered by the County Housing
16 -Authority.
17 4.Should COUNTY, its successors or assigns, at any time
18 abandon the use of the premises or any part thereof, or fail at
19 any time to use the same for the purpose contemplated herein for
20 a continuous period of one Cl> year, the rights hereby givejJ
21 shall cease to the extent of the use so abandoned or discon-
22 tinued, and CITY shall at once have the right, in addition to,
23 but not in qualification of, the rights hereinabove reserved, to
24 resume exclusive possession of the premises or the part thereof
25 the use of which is so discontinued or abandoned.
26 Upon termination of the rights and privileges hereby granted,
27 COUNTY, at its own cost and expense, shall remove all property
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l owned or controlled by COUNTY upon the premises and, if requested
( 2 by CITY, restore the premises as nearly as practicable to the
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3 same state and condition in which they existed prior to the use
4 by COUNTY of the premises. Should COUNTY in such event fail,
5 neglect, or refuse to remove said property owned or controlled by
6 COUNTY upon the premises and restore the premises, such removal
7 and restoration may be performed by CITY, at COUNTY'S expense,
8 which expense COUNTY agrees to pay to CITY upon demand.
9 5.COUNTY shall provide a road as located on Exhibit B.
10 Such road shall be used jointly by the CITY AND COUNTY for access
11 to CITY and COUNTY property. The road shall also be used to pro-
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vide access for the maintenance of the migrant labor camp sewage
ponds.
6.COUNTY shall obtain the necessary approvals to locate a
portion of the access road onto the Pacific Gas and Electric Com
-pany easement.
7.As additional consideration, each party (defined for
purposes of this paragraph 7 as "first party") to this lease
agrees to hold harmless and defend the other party, and its
20 agents, officers and employees from and against any and all
21 claims, actions, liabilities, loss, damage or injury, including
22 any of the foregoing by way of indemnification or contribution
23 and arising directly or indirectly out of the first party's acti-
24 vity, performance, operation, acts, or omissions relating to the
25 first party's duties, responsibilities and rights under the terms
26 and conditions of this lease, whether or no t such claims,
2 7 actions, loss, damage or injuries result directly or indirectly
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1 from the sole, contributory, comparative, active, passive, pri-
2 mary or secondary negligence of the first party.
3 IN WITNESS WHEREOF, the parties hereto have executed this
4 lease agreement the day and year above written.
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ATTEST: JORETTA J. HAYDE 6 Clerk of the Board of Supervisors of the County of San 7 Joauqin, State of California
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By (SEAL) -----�--,-------·Deputy Clerk
Approval Recommended:
By HENRY M. HIRATA Director of Public Works
APPROVED AS TO FORM: JOHN F. CHEADLE County Counsel
By TERRENCE R. DERMODY Chief Deputy County Counsel
(2:K: "MIGRANTl")
COUNTY OF SA N JOAQUIN, a political subdivision of the State of California
By GEORGE L. BARBER, Chairman Board of Supervisors
"COUNTY"
CITY OF LODI, a Municipal Corporation of the State of California
By--------------
Title -------------
"CITY"
APPROVED AS TO FORM:
By---------=�-----RONALD M. STEIN City Attorney City of Lodi
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EXHIBIT A
Legal Description
A portion of the Northeast quarter (N.E. ¼) of Section nineteen (19), Township three (3) North, Range eight (Bl East. Mount Diablo Base and Meridian, more particularly described as follows:
Com,rnencing at the section corner, common to Sections Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20), Township three (3) North, Range eight (8) East, Mount Diablo Base & Meridian: thence South 86°-52'-40" West a distance of 1578.95' more or less along the North line of Section 19 to a point, which is the true Point of Beginning, said point in the center line of the twenty-five (25) foot Right-of-Way of a Pacific Gas And Electric Transmission Line referred to in Book A, Volume 252, page 540, San Joaquin County Official Records. Thence South no degrees (00°) fourty-four (44) minutes West a distance of 1353.69', thence North 89°-46' West a distance of 65.96' to a point in the east line of the property conveyed to the County of San Joaquin in Volume 1221 page 315 of Official Records of San Joaquin County, thence North no degrees (0-0 °) fourt een minutes (14') East, along said East line a distance of 1349.07' to a point in the North line of Section 19, thence North 86 °-52'40" East, along said North line of said Section, a distance of 77.91' to the Point of Beginning.
Exempting therefrom that portion of the aforesaid Pacific Gas and Electric Right of way-situate West of the hereinbefore described center line.
EXHIBIT B T3N, RBc M-D-8,( M.
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Harney Lane
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Prof'•,.f::; fo iH! /etUui. I DJ County For i11hor 'l '----� al Access Road / Z5' widt! Camp Con,in,dicn I j i � P-G-1£• Eaw••nt
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COUNTY PROPERTY � CITY OF LODI
PROP£l(TY
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