HomeMy WebLinkAboutAgenda Report - June 7, 2005 B-03 SMAGENDA ITEM f)w 05
t2% CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt a Resolution Approving Indemnification and Access Agreement for a portion
of New Shanghai Building from Lodi Adopt -A -Child to E2CR, the remediation
contractor for the Busy Bee Plume.
MEETING DATE: .Tune 7, 2005
PREPARED BY: City Attorney's Office
RECOMMENDED ACTION: Adopt a Resolution Approving Indemnification and Access Agreement for a
portion of New Shanghai Building from Lodi Adopt-A-Chitd to E2CR, the
remediation contractor for the Busy Bee Plume, and further authorize the
City Manager to execute the agreement on behalf of the City of Lodi.
BACKGROUND INFORMATION: Council entered into a lease with Lodi Adapt -A -Child for the New Shanghai
building at 100 E. Pine Street in May of 2002. The lease rental is $1.00
per year plus certain tenant improvements. The New Shanghai property
has been identified as a good location for the placement of treatment
systems by the remediation contractor in the Busy Bee Plume, E2CR. E2CR has reached an agreement to
sublease a portion of the property from Adopt -A -Child for $9,000 in rent over the course of three years. However
the City's lease agreement with Adopt -A -Child requires that Adopt -A -Child secure written consent from the City for
any sublease. The attached agreement also provides the City with indemnity for the remediation contractor's work.
Because the sublease serves to further the City's clean-up efforts and because it has the added benefit of funding a
local non-profit organization, staff recommends that Council consent to the sublease.
FUNDING AVAILABLE: NIA
FISCAL IMPACT: NIA
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APPROVED:
Blair King Manager
City of Lodi Groundwater Remediation Project
Busy Bee Laundry and Cleaners
40 North Main Street, Lodi, California
INDEMNIFICATION AND ACCESS AGREEMENT
This Indemnification and Access Agreement is entered into on the last date set forth
below, by and between the City of Lodi, the owner and lessor (the "Lessor"), of the property
located at 100 East Pine Street Lodi California the Adapt -a -Child Foundation, lessee of said
property ("Lessee"), and Environmental Engineering, Consulting, and Remediation, Inc., dba
E2C Remediation ("E2CR"), a California corporation and is based on the following facts and
assumptions.
WHEREAS, "Lessor" owns certain real property located at 100 East Pine Street, Lodi,
California (the "Property"); and
WHEREAS, "Lessee" occupies and leases said "Property" from the City of Lodi; and
WHEREAS, "EzCR" is conducting certain soil and groundwater investigation and
remediation within the City of Lodi; and
WHEREAS, as part of such investigation and remediation, "E2CR" is required to install
various wells, pipes, pumps, filters and other necessary equipment to test and operate a soil
vapor extraction and groundwater air sparge system in the northeast under the supervision and
oversight of the Regional Water Quality Control Board; and,
WHEREAS, the exact duration of the anticipated remedial work is not presently known
and may potentially be in excess of three (3) years; and,
WHEREAS, in order for "EzCR" to accomplish this work, it will be necessary to access
said "Property" and to construct an equipment pad in the northwest corner of said ""Property" as
generally depicted in the attached Exhibit A; and
WHEREAS, "EzCR" seeks authorization from the "Lessor" and "Lessee" to gain access
to the "Property"" in exchange for the commitments on the part of "EzCR" described below; and
WHEREAS, "Lessor' and "Lessee" intend to convey to "EzCR" a right of access to the
"Property" for the sole purpose of performing, installing, operating, maintaining the said
investigation, testing, and remediation system.
NOW, THEREFORE, Lessor, Leaaes, and EzCR hereby agree as follows;
Section 1. The above recitals are true and correct.
Section 2. "Lessor" and "Lessee" hereby grant to "EzCR" on its behalf and on behalf
of E2CR's officers, employees, contractors, subcontractors, authorized agents, successors and
assigns, a non -revocable license to gain access to the "Property" for the purpose of performing
and completing the work identified above on a month to month basis until the contemplated soil
and groundwater remediation is complete.
Section 3. "EzCR" shall indemnify and hold "Lessor" and "Lessee", its officers,
directors and stockholders harmless from any and all claims, demands, damages, lawsuits,
actions, liabilities, causes of action, and judgments which they may be required to pay by
reason of any damages, consequential damage, interfere, injury, or death to any person,
property, or business suffered by any person, firm or other entity as a result of any negligent
Indemnification and Access Agreement Page I of 2
City of Lodi Groundwater Remediation Project
Busy Bee Laundry and Cleaners
40 North Main Street, Lodi, California
INDEMNIFICATION AND ACCESS AGREEMENT
acts or omissions of "E=2CR" or anyone acting on its behalf in carrying out the activities permitted
herein.
Section 4. "EZCR" further agrees to remedy any damages to the "Property" which are
caused by its entry on the "Property" or caused by investigation, installation, or operation
activities.
Section 5. If any party commences an action or brings any proceeding against the
other to enforce any of the terms hereof, or because of any breach by any party of any of the
terms hereof, the losing or defaulting party shall pay to the prevailing party reasonable
attorneys' fees, costs, and expenses incurred with connection with the prosecution or defense of
such action.
Section 6. "EZCR" agrees to comply with all applicable state, federal and local
requirements for the performance of the contemplated work.
Section 7. As consideration for the license to enter and use the "Property" as
described above, "EZCR" agrees to donate to "Lessee's" Annual Toy Drive three checks made
payable to the Adopt -a -Child Foundation in the amount of $2,500 on December 1, 2005, $3,000
on December 1, 2006, and $3,500 on December 1, 2007 to be used solely for the purchase of
children's toys and/or clothing that will be included in the Adopt -a -Childs Annual Toy Drive. This
consideration will be the sole remuneration to the "Lessee" for the period of time required by
"EZCR" to complete the remedial activities and to remedy any damages to the "Property" once
the remedial activities are complete. In order to terminate this agreement, "EZCR" must give
"Property" owner at least 15 days written notice.
Section 8. This Agreement may be executed in counterparts, each of which shall be
deemed an original.
Executed by the parties hereto as set forth below:
Dated: �Jaa) t`3S_.,......
Approved as to Form:
D. ep n chwa
City Attorney
Dated:
Dated:
CITY OF LODI, a municipal corporation, Lessor
By:
Blair King, City Manager
Attest:
Susan J. Blackston, City Clerk
ADOPT -A -CHILD FOUNDATION, Lessee
By:
Dennis Lewis, President
E2C Remediation
By:
Phil Goalwin, President
Page 2 of 2
LEASE AGREEMENT
FOR USE OF CITY BUILDING
LOCATED AT 100 EAST PINE STREET, LODI, CALIFORNIA
Ry
LODI ADOPT -A -CHILD, A NON-PROFIT 501(c)3
COMMUNITY-BASED ORGANIZATION
THIS AGREEMENT, made and entered into this day of ZL4a Lj 2002, by
and between the CITY OF LODI, a municipal corporation, hereinafter called " ner", and LODI
ADOPT -A -CHILD FOUNDATION, a non-profit 501(c)3 community-based organization, hereinafter
called "Lessee."
1. PROPERTIES: That for and in consideration of the rents to be paid, and the covenants to be
faithfully kept and performed by said Lessee, said Lessee does hereby lease from said Owner,
the City Building located at 100 East Pine Street, Lodi, California for the operation of the Lodi
Adopt -A -Child, more particularly described as follows:
Building Location: 100 East Pine Street, Lodi, California, recorded in the Recorders
Office, County of San Joaquin, State of California as Lots 1, 2, and 3 in Block 27
City of Lodi, according to the official Map thereof filed in Volume 2 of Maps,
Page 12, San Joaquin County Records.
Building consists of 6,849 square feet with approximately 5,259 square feet of
space on the first floor, and 1,480 square feet of basement space, plus 2,184
square feet of parking space, located at the southeast corner of Pine and Main
streets.
2. OPERATION: This lease is expressly conditioned on the continued operation of Lodi Adopt -A -
Child's charitable operations. Should the Owner have any questions as to the Lessee's level of
charitable operations after reviewing the State of California's Department of Justice internet web
address and/or the Foundation's internet web address, Owner shall put forth the concerns in
writing to be reviewed at the next regularly scheduled Foundation Board of Directors meeting
which shall answer the concerns to the satisfaction of the Owner in writing within forty-five (45)
days of that Board of Directors meeting. In the event that such operations are then determined
not to be at a level acceptable to the Owner, City may immediately terminate this lease with
thirty (30) days written notice and without further obligation to Lessee.
3. TERM: The term of this Agreement shall be for a period of ten (10) years, commencing upon
the date first written above, and terminating upon its tenth anniversary. Lease may be
extended by mutual agreement, and with City Council approval, for an additional term to be
determined by Council.
4. RENT: In consideration of said Agreement, Lessee agrees to pay to Owner as rent for the
demised premises one dollar ($1.00) per year for the entire term of this lease, payable in one
lump sum, being ten dollars ($10.00). In the event that this Lease is extended, the rent shall be
prepaid as determined as part of the extension. Rent payments shall be directed to the Ci of
Lodi, Attn: Fleet and Facilities Manager, P. 0. Box 3006, Lodi, California, 95241-1910, for
processing and shall be paid without prior notice or demand.
5. USE: The property shall be used solely for the purpose of carrying on the business of the Lodi
Adopt -A -Child. Use of the facilities, or any portion thereof, for any other program, person or
entity must be preceded by the City Manager's oral or written permission, which the City
Manager may withhold in his or her sole and absolute discretion. Lodi Adopt -A -Child will submit
Lease Agreement AdoptAChild 1 5/10/2002
a list -of the expected users for each upcoming year, but shall not be limited to only those
organizations listed if prior permission is received from the City Manager. Uses other than
occasional must be approved by the City Manager.
It is further understood and agreed by Lessee that Lessee must comply with all present and
future laws, ordinances, rules, and regulations promulgated by any governmental authority of
competent jurisdiction regulating this type of business during the tenancy and any extension
thereof. Lessee shall use and occupy said premises in a quiet, lawful, and orderly manner.
6. SIGNS: It is agreed that Lessee may post "Hours of Operation" signs. The Fleet and Facilities
Manager and the Community Development Department must approve all signs and locations of
signs. All signs must meet the requirements of City's Municipal Code, Chapter 17.63. All costs
associated with the purchase and installation of signs shall be the responsibility of Lessee.
7. REMEDIES ON DEFAULT: Should Lessee fail to pay any part of the rents herein specified at the
times or in the manner herein provided, or fail to comply with or perform any other of the terms
and provisions of this Agreement on the part of Lessee to be performed or complied with, then,
and in that event, Owner may exercise any and all remedies provided by law or equity by reason
of such default, including the right, at Owner's option, of terminating this Agreement. In any of
such events, Owner shall be entitled to the immediate possession of said premises, and, at its
option, may enter into and upon said premises without notice to Lessee and exclude Lessee and
all persons and all property therefrom, and by process of law or otherwise take and resume
possession of said premises. Each and all of Owner's remedies shall be construed as cumulative
and no one of them as exclusive of the other or as exclusive of any remedy provided by law or
equity.
8. RELATIONSHIP OF PARTIES: It is understood and agreed that the relationship between the
parties is that of landlord and tenant and not as a party or agent of Owner. If required by any
governmental authority of competent jurisdiction, Lessee shall carry Worker's Compensation
Insurance. Lessee shall observe all laws and regulations applicable to employers.
9. BUILDING MAINTENANCE: Except for repairs necessitated by acts of God, Lessee is fully
responsible for all repairs and maintenance costs associated with running the facility. The
Lessee is responsible to see that all building systems are kept in good working condition and
properly maintained. The exterior of the building, adjacent sidewalks, and on-site parking lot
must be kept clean, neat, and graffiti -free. All landscaped areas must be properly maintained,
and any exterior signage must be kept in good repair and working order.
Owner shall install two (2) sidewalk refuse cans, one of which shall be placed on
the sidewalk near the front door and one on the west side of the building near its
midpoint. Lessee will empty these cans until such time as the City extends
sidewalk refuse service to the neighborhood.
Owner shall be responsible for all structural maintenance and repair, except that
necessitated by the acts of tenant. Owner shall hire a pest control contractor to
eradicate all pest control problems before the inception of the lease. Thereafter,
all pest control work shall be performed at the expense of tenant.
10. TENANT IMPROVEMENTS: All tenant improvements must be approved by Owner prior to those
Improvements being made, and must pass all governing agency permitting and licensing
requirements. With the exception of any and all building permit fees, which shall be waived by
the Owner, Lessee shall perform, at its sole cost and expense, all improvements set forth in
Exhibit "A". All such improvements, less any unattached furniture and fixtures, shall become the
property of the Owner at the conclusion of the lease agreement. All material containing
asbestos will be removed at the Owner's expense, and will be coordinated with Lessee to be
performed within forty-five (45) days of the date of this Agreement. Owner agrees to complete
Lease Agreement AdoptAChild 2 5/10/2002
all items listed in Exhibit "B", attached, within ninety (90) days of the date of this Agreement.
Subsequent thereto, Lessee may occupy the structure. Thereafter, Lessee agrees to begin its
improvements within four (4) months of completion of all items listed in Exhibit "B" and
complete the Phase I improvements within eight (8) months thereafter. Lessee shall repair and
maintain the parking lot on the premises in compliance with existing laws and regulations.
11. ROOF REPAIR AND MAINTENANCE: Owner will replace the roof at its expense.. Owner shall
further maintain the roof at its expense during the term of this Agreement.
12. ASSIGNMENT AND SUBLETTING: Lessee shall not assign, encumber, convey, or otherwise
hypothecate this Agreement, in whole or any part, without first obtaining the written consent of
Owner, which Owner may withhold in its sole and absolute discretion.
13. ENTRY BY OWNER/INSPECTION OF PREMISES: With not less than twenty-four (24) hours
written notice to any member of the Board of Directors for Lessee, Owner shall have the right at
all reasonable times during the term of this Agreement to enter said premises for the purpose of
examining or inspecting the same.
14. TERMINATION OF AGREEMENT: This Agreement may be terminated at any time, with or
without cause, by Lessee upon thirty (30) days written notice. This Agreement may also be
terminated by Owner on the terms set forth in Paragraph 2, Upon termination of this
Agreement, Lessee agrees to quit and surrender the premises in a peaceable manner and
Owner shall have the right to remove Lessee and all others occupying through or under this
Agreement.
15. ALTERATIONS OR ADDITIONS: No alterations or additions to the building shall be performed by
Lessee without approval of Fleet and Facilities Manager. Any concerns shall be submitted in
writing to the City of Lodi, Attn: Fleet and Facilities Manager, P. 0. Box 3006, Lodi, CA 95241.
16. SURRENDER OF PREMISES: Lessee shall, at the termination of the Agreement hereby created,
or upon the earlier termination hereof for any reason, or upon the extension of the term herein
set forth, quit and surrender said premises in good order, condition, and repair, reasonable wear
and tear and acts of God or fire excepted.
17. FEES: With the exception of any and all building permit fees, which shall be waived by the
Owner, Lessee shall pay all license fees, or other fees or taxes, or possessory, interest taxes
levied by any governmental agency which may be imposed upon the business of Lessee or its
sub Lessee conducted upon the premises. To the extent that Lessee is exempt from any of the
referenced fees or taxes, it is the obligation of the Lessee to secure the exemption.
If any of the above charges are assessed against the real property, and because of
said assessment the Owner pays the same, which Owner will have the right to do
regardless of the validity of any such levy, the Lessee, upon demand, will repay to
Owner all taxes and other assessments so levied against Owner which are due by the
Lessee.
18. UTILITIES/MISCELLANEOUS COSTS: Lessee shall be responsible during the term of this
Agreement or any extension thereof for all utility costs, including water, sewer, refuse, gas and
electricity used upon said premises during the term hereof. Lessee to be responsible for all
other costs associated with running the facility, including but not limited to program supplies,
transportation, food service, licensing, telephone, security systems, cable television, cleaning
and janitorial expenses.
Owner shall install and maintain a security light on the existing utility pole located on
the southeast corner of the parking lot at the alley.
Lease Agreement AdoptAChild 3 5/10/2002
19. MECHANIC'S LIEN: Lessee agrees to keep said premises free from all liens and claims of
mechanics, laborers, material suppliers, and others for work done, and material furnished, and
Lessee shall not create, or suffer to be Created, any lien or encumbrance on said premises.
20. INDEMNITY/PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: Lessee agrees to
indemnify and save harmless Owner, its officers, agents, and employees from and against all
claims of whatever nature arising from any act, omission, or negligence of Lessee or Lessee's
contractors, licensees, agents, servants, or employees, or arising from any accident, injury, or
damage whatsoever caused any person, or to the property of any person, occurring during the
term thereof, in or about the demised premises where such accident, damage, or injury,
including death, results, or is claimed to have resulted, from any act or omission on the part of
Lessee or Lessee's agents or employees. This indemnity and hold harmless agreement shall
include indemnity against all costs and expenses, including attorney's fees incurred in or in
connection with any such claim or proceeding brought thereon and the defense thereof.
Lessee agrees to maintain in full force during the term hereof a policy of public
liability insurance under which Lessee is named as insured, and containing an
additional named insured endorsement naming Owner, its officers, agents, and
employees as an additional insured, and under which the insurer agrees to
indemnify and hold Lessee and Owner, its officers, agents, and employees
harmless from and against all costs, expenses, and liability arising out of, or based
upon, any and all property damage, or damages for personal injuries, including
death, sustained in accidents occurring in or about the premises, where such
accident, damage, or injury, including death, results, or is claimed to have
resulted, from any act or omission on the part of Lessee or Lessee's agents or
employees. The minimum limits of such insurance shall be $1,000,000.00 (One
Million Dollars). In addition to the additional named insured endorsement on
Lessee's policy of insurance, said insurance policy shall be endorsed to include the
following language:
"Insurance as is afforded by the endorsement for additional insureds
shall apply as primary insurance. Any other insurance maintained by the
City of Lodi or its officers, agents, and employees shall be excess only
and not contributing with the coinsurance afforded by this endorsement."
A duplicate or certificate of said public liability and property damage insurance
policy containing the above -stated required endorsements shall be delivered to
Owner within ten (10) days after the issuance and each renewal of said policy.
This paragraph, and all other provisions of this Agreement, shall apply and be
construed as applying to any sub -Lessee of Lessee.
Any cancellation of insurance, or notice of intent thereof, must be forwarded
immediately to the City of Lodi, Attn: Risk Manager, P. 0. Box 3006, Lodi, CA
95241.
21. HOLD HARMLESS: Owner and Lessee hereby agree to save, defend and hold harmless the
other for any suit or cause of action arising exclusively from the negligence or alleged
negligence of the indemnifying party, its agents, officers and employees, including reasonable
attorney's fees.
22. BANKRUPTCY, RECEIVERSHIP, AND INSOLVENCY: If Lessee should make a general assignment
for the benefit of creditors, or file a voluntary petition in bankruptcy, or be adjudicated bankrupt
or insolvent, or permit a receiver to be appointed to take possession of a substantial portion of
its assets or of the premises, and such bankruptcy, insolvency, or receivership proceeding shall
not be dismissed within ninety (90) days, then Owner may, without notice or demand, terminate
this Agreement and forthwith reenter and repossess the properties, and remove all persons
Lease Agreement AdoptAChild 4 5/10/2002
therefrom, and under no circumstances shall this Agreement be assignable or transferable by
operation of law.
23. ATTORNEY'S FEES: In each suit brought for the recovery of any rent due hereunder, or for the
recovery of the possession of said demised premises, or for the breach, or to restrain the breach
of any of the terms, conditions, or covenants of this Agreement, the prevailing party shall be
entitled to a reasonable sum as and for attorney's fees therein, the amount of which shall be
determined by the court in such suit and added to and become a part of the judgment therein.
24. WAIVER: Failure of Owner to insist upon performance of any of the terms or conditions of this
Agreement in any one or more instances shall in no event be construed as a waiver or a
relinquishment of its right to future performance thereof, and Lessee's obligations to such future
performance shall continue in full force and effect. The receipt by Owner of rent, with the
knowledge of the breach of any agreement or condition hereof, shall not be determined to be a
waiver of any such breach.
25. ACCEPTANCE OF PREMISES: Lessee has examined the premises, knows the conditions thereof,
and accepts possession thereof in their condition.
26. CONTRACT: This written Agreement constitutes the entire contract between Lessee and Owner,
and no representation or agreement, unless expressed herein, shall be binding on Lessee or
Owner.
IN WITNESS WHEREOF, Owner and Lessee have executed this Agreement on the date and
year first above written.
CITY OF LODI, a municipal corporation
hereinabove called "Owner"
By
H IX FL N40ity'Ma4naer
Attest:
SUSAN J. BLA ON, City Clerk
Approv d as to Form:
DALL A. HAYS, CiTy ey
LODI ADOPT -A -CHILD FOUNDATION,
a nonprofit 501(c)3 community-based
organization hereinabove essee"
By
DENN . LEWIS, President
Lease Agreement AdoptKhild 5/10/2002
Exhibit "A"
FIVE-YEAR PROPOSAL OF ELEPAIRS
Lodi AdopL-A-Lhiid
Dennis Lewis, President
RE: 100 East Pine Street, Lodi
April 29, 2002,
The following is the Foundation's plan to repair the building over the next five (5) years.
„
Phase I -- Year ONE
1.) Ins if HVAC- west side only ,�' � S
�7� z
2.} Win ws- 1/4" pane.
3.} Electric west side only-- lights, wiring for 3 ceiling fans FrQ install
4.) Plumbing- areas
5.) Flooring- (1) r room sheet linoleum w/6" coved an welded seams, if needed.
Carpet, mid grad ommercial w/pad, float 2 area m floor to level.
6. Painting
7. Acoustic ceiling west si continue, repair exi ing.
8. Remove 2 glass doors an rames on west de. Frame in and stucco each.
9. Paint entire exterior of buil
10. Remove compressor- evacuat ystem d remove.
11. Demo walls, west side false hea r ar , west restroom, west wood room.
12. Drywall repair- replace sheetrock i est rear office and install sheetrock and sound board.
13. Replace (7) doors, jambs, lockse �) interior, and (1) exterior
14. Screen door (storm door style) eas exterior exit.
15. Exterior roof eave add 2 triple- ein lig h , repair and install bulbs on soffit lights under eave.
16. Remove existing restaurant ' n from ro f.
17. Skim texture over 1 tile col n at north e.
18. Plug 2 wall AC holes with lywood.
19. Plug (1) mail slot
20. Install (6) pieces of L- im on stucco edge at
21. Remove torn canopy bove west entrance.
22. Remove all exterior all signage
23. Remove bars fro all exterior windows
24. Exterior stucco tches
25. Remove curly signs from roof gables
26. Remove met siding from exterior window of
two will ha v shiplap exterior siding.
27. Pour back oncrete after drain removal
Estimated cdst of above repairs: $95,970.00
doors
one will have exposed window and the other
Note: Please see attached "Specifications" for material specs.
Exhibit A LAAC 1 5/10/2002
Exhlibit "A"
FIVE YEAR PROPOSAL, OF REPAIRS
Lodi Adopt A Child MAY 2/, 2002
Dennis Lewis, President
RJ : 100 F. Pine St, Lodi
The following is the Foundation's plan to repair the Shanghai Restaurant over the next five (5) years.
Phase ! -- Year ONE
1.) Install 1 IVAC- West side only
2.) Windows- 1/4 " Pane.
3.) Electrical- West side only-- lights, wiring for 3 ceiling fans and install
4.) Plumbing- all areas
TSL 5.) Flooring- (� (3) Restroom sheet Linoleum w/6" coved & welded seams if needed.
Carpet mid grade commercial w/pad, float 2 areas in floor to level.
6.) Painting
7.) Acoustic ceiling west side continue, repair existing .
8.) Remove 2 glass doors and frames on Westside. Frame in and stucco each.
9.) Paint entire exterior of building
10.) Remove compressor- evacuate system and remove.
11.) Demo walls, west side false header arch, west restroom, west wood room.
12.) Drywall repair- replace sheetrock in west rear office and install sheetrock and sound board.
13.) Replace (7) doors, jambs, locksets, (6) interior, and (1) exterior
14.) Screen door (storm door style) at east exterior exit.
15.) Exterior roof eve add 2 triple vein lights repair and install bulbs on soffit lights under eve.
16.) Remove existing restaurant sign off roof.
17.) Skim texture over 1 tile columns at north side.
18.) plug 2 wall AC. Holes with plywood.
19.) Plug (1) mail slot
20.) Install (6) pieces of L -trim on stucco edge at exterior doors
21.) Remove torn canopy above west entrance.
22.) Remove all exterior wall signage
23.) Remove bars from all exterior windows
24.) Exterior stucco patches
25.) Remove curly designs off roof gables
26.) Remove metal siding off exterior window opening, one will have exposed window and the other two will
have ship lap exterior siding.
27.) Pour back concrete after drain removal
28.) Handicap resrrooms- (unisex), framing, drywall, paint, vanity, sink, and liandicap toilets. Faucet,
accessories, remove old partitions, install new 3' by 61811 doors.
Estimated cost of above repairs: $95,9�9.00 $101,970.00 WL --
Note: Please see attached "Specifications" for matemd specs.
052702 CityExhlbit A.doc 1 5/27/2002
Exhibit "A"
Phase II --Year TWO
BREAK ROOM
1.) Remove 10' wall, build (1) 2' wall and (1) 10' wall, remove 10' wing wall
2.) Install (1) sink, single -lever faucet
3.) Install Oak cabinets, 11' lowers and 11' uppers
4.) Flooring, sheet vinyl with 6" cove
BOARD ROOM (old kitchen)
5.)
Demo ceramic tile floor
6.)
Install Tx 3' carpet squares
7.)
Painting
8.)
Suspended ceiling
9.)
Re-sheetrock all walls
10.)
HVAC
11.)
Electrical, lighting, supply wiring
12.)
Install cove base
and installation for (1) ceiling fan
BACK ROOM (near basement stairway)
13.) Remove tables
14.) Electrical, lights, change surface outlets to flush outlets
15.) Float concrete in 1' x 4' area
16.) Flooring — VCT
17.) Cove base
18.) Painting
19.) Remove fly fan
20.) Drywall repair
21.) Doors (6), jambs, trim, locksets
22.) Acoustic ceiling
23.) HVAC
Estimated cost of above repairs: $38,998.00
Note: Please see attached "Specifications" for material specs.
Exhibit A LAAC 2 5/10/2002
Exhibit "A"
Phase III -- Year THREE
LARGE ROOM AT FRONT ENTRANCE
1.) VCT flooring
2.) Cove base
3.) Painting
4.) Suspended ceiling
5.) Electrical, lighting, (3) dedicated outlets
6.) HVAC
7.) Skim (2) ceramic tile columns and paint
8.) Repair accordion door, clean and refinish repaired areas
9.) Remove (1) door and frame. Frame in opening and stucco
10.) Replace (5) doors: (3) glass, (1) metal, and (1) wood
11.) Drywall repairs
12.) Remove paneling
Estimated cost of above repairs: $45,981.00
Note: Please see attached "Specifications" for material specs.
Special Notes: The above plans are for three years, which is the goal of the Foundation.
However, depending on the needs of the Foundation, Phase II and Phase III may take longer,
but in no event will they take longer than five (5) years from the date the Lease Agreement
with the City of Lodi is signed and ratified by the Lodi Adopt -A -Child Foundation Board of
Directors.
Exhibit A L.AAC 3 5/10/2002
Exhibit "A"
SPECIFICATIONS for EXHIBIT 'A"
100 East Pine Street, Lodi, CA
1.) ELECTRICAL
Main office
add circuits or re -circuit to accommodate computers, 12 T -bar fixtures, 3 -lamp type
Executive office
add circuits or re -circuit to accommodate computers/printers and install four 4 -light fluorescent
fixtures and provide a/b switching
Storage room
replace fixtures with five 2 -light fluorescent fixtures
Conference room
add six 4 -light fluorescent fixtures
Assembly rooms
install twelve 4 -lamp fluorescent fixtures
2.) FLOORING
Material and Installation to include
3600 sq. ft. VCT tile (80 cartons)
44 yards Meditcch vinyl
700 Cove Rubber Base
266.66 yards commercial carpet
70 yards commercial pad
Rubber transition molding w/ steel track to VCT
70 sheets 3/8" particleboard
3.) WINDOW REPLACEMENT
Four 8x8 storefront panels with 1/4" Pane.
4.) HVAC
Replace old units on main building with 5 -tan, three-phase, gas/electric, 12 -SEER packaged
units.
Install (1) 3 -ton and (1) 2 -ton, three-phase, gas/electric, 12 -SEER packaged units on west end
Exhibit A i.AAC 4 5/10/2002
Exhibit "B"
City of Lodi_ Responsibilities
z a
The following are the City of Lodi's responsibilities re: 1001 Ve8t: Pine Street.
1. Removal of all asbestos -containing material
2. Lead-based paint evaluation (sealing or removal to be determined between the
City and Adopt -A -Child at a later date.}
3. Replace the existing roof to the rrSinimum specifications as indicated in the
"overall" building repair esttimafe submitted by Renovate -it Construction, dated
November 15, 2001.
4. Install and maintain a ecurity light on the existing utility pole located at the
southeast corner of the parking lot at the alley.
5. Structure Evaluation
6. Pest Contro learance
7. Improve ain restrooms to existing handicap standards.
8. Waiv any and ail permit fees or any fees associated with repairs within the
jurisdiction of the City.
Exhibit 8 LAAC 1 5/102002
Exhibit "B"
City— Lodi Re ponsibilities
The following are the City of Lodi's Responsibilities re: 100 W. Pine Street.
1. Removal of all asbestos containing material
2. Lead-based paint evaluation (sealing or removal to be determined between the
City and Adopt -A -Child at a later date)
3. Replace the existing roof to the minimum specifications as indicated in the
"overall" building repair estimate submitted by Renovate -it Construction dated
November 15, 2001.
4. Install and maintain a security light on the existing utility pole located at the
southeast corner of the parking lot at the alley.
5. Structure Evaluation
b. Pest Control Clearance
7. Waive any and all permit fees or any fees associated with repairs, within the
jurisdiction of the City.
052702 City Exhibit B.doc 1 5/27/2002
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ACORD CERTIFII„_ { F LIA
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30i S. Ham Lane, Suite F
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.0, Sox 490
INSURERS AFFORDING COVERAGE
Lodi, CA 95241
_y 100.0001
Lodi—A-aij—ft, Inc.
WSUREAA: Nonprofits To%. Alliance of CA
P. 0, Box 2479
INSURER B
Lodi, CA 95241
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MAY PERTAIN, THE 114SURANCE AFFORDED BY THE POMMS OESGRIBED HEREIN IS SUBJECT TO ALL THC TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHO%% MAY HAVE MEN REDUCED BY PAID CLAIMS.
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ertificateholder is named as additional insured per attached M 2026.
e: 100 E. Pine St,, Lodi, CA
CERTIFICATE HOI.M I I AawiouAL wouaw: wmom LETTER
"'
BIEOE" AMY OF THE ABOVE DESCRIBED POUCIM K CANCELLED BEFORE TME
1X/BUtTM DATE TWEREOF. TILE usumG COMI'ANTTVILJ. ENOEAVOR TO MAIL
City Of Lodi, it's elected i appointed Boards
__U— ams wmnr!N NOTICE TO TME CERTW CATE HOLDER NAMED TO THE LIFT.
Commissions, Officers, Agents and Employees
BUT FAILURE TOMAIL SUCH NOTWESMALLORME40Oft NMTIONORI ASK ITN
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Or AMT KIND tP N TWE_MWAP.ITA AC1iNT2 ATfflM
AUTHOWRIN
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Srnt By: MP LaserJet 3100; 3682798; Ju.1-9-02 9:09AM; Page 314
IMPORTANT
if the certificate holder is an ADDIMNAL INSURED. the poky(ies) must tie endorsed. A statement
on this certificate does net confer rights t0 tho cMtificaba holder in lieu of such endOrs nwrt(s).
if SUBROGATION IS WAIVED, subWt to the terms and conditions of the pdicy, certain policies may
require an endorsement, A staternent an this certificate does not confer rgt to to the oertiflcate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract betwftn
the issuing insurer(s). auftrized representative or producer, and the certificate holder, nor does it
affirmatively or negattvety amend, extend or atter the coverage afforded by the policies listed thereon.
Sent By: HP LaserJet 3100; 3682798;
Named Insured: Lodi Acis A Child, Inc.
Policy Number: 2001-1015IPO
Policy Period: 12J13I2001 to 1211312002
Jul -9-02 9:09AM; Page 414
Commercial General Liability
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - MANAGERS OR LESSORS
OF
PREMISES
This endorsement modifies insurance provided under the following,
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Parson or Organization:
City of Lodi, it's elected $ appointed
Boards, commissions, Officers, Agents and Employees
221 W. Pirtle St.
Lodi, Ca 95240
(If no entry sppesrs above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured, but only with respect to liability arising out of your operations or promises owned by or rented
to you.
Such insurance as is afforded by the endorsement for the Additional Insured's shall apply as primary insurance. Any
other insurance maintained by the City of Lodi or its officers and employes shall be excess only and not contributing
with the coinsurance afforded by this ondorsment.
CG 20 26 11 85
Copyright. Insurance Services Office, Inc., 1984
RESOLUTION NO. 2005-117
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
INDEMNIFICATION AND ACCESS AGREEMENT FOR A
PORTION OF THE NEW SHANGHAI BUILDING FROM LODI
ADOPT -A -CHILD TO E2CR, REMEDIATION CONTRACTOR
FOR THE BUSY BEE PLUME, AND FURTHER AUTHORIZE THE
CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF
OF THE CITY OF LODI
NOW, THEREFORE, BE IT RESOLVED. that the Lodi City Council does hereby approve
the Indemnification and Access Agreement for a portion of the New Shanghai Building from Lodi
Adopt -A -Child to E2CR, the remediation contractor for the Busy Bee Plume; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute
said agreement on behalf of the City of Lodi.
Dated: June 7, 2005
I hereby certify that Resolution No. 2005-117 was passed and adopted by the City
Council of the City of Lodi in a special meeting held June 7, 2005, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, and
Mayor Beckman
NOES: COUNCIL MEMBERS -- None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2005-117