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HomeMy WebLinkAboutReso 96-019 - Approve & Auth the May to Execute Lease Agreement between the COR & Colette Shurtz & Jack Armstrong for Pasturing of Livestock on City Property on Riverland Dr ,.� � � � RESOLUTION NO. lp� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING AND COLETTE SHURTZ AND JACK ARMSTRONG FOR PASTURING OF LIVESTOCK ON CITY- OWNED PROPERTY ON RIVERLAND DRIVE. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1. That the City Council of the City of Redding hereby approves the above- mentioned Lease Agreement between the City of Redding and Colette Shurtz and Jack Armstrong, a true copy of which is attached hereto and incorporated herein. 2. That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 16th day of January, 1996, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: R. Anderson, McGeorge, Murray and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: P. Anderson ABSTAIN: COUNCIL MEMBERS: None DAVID A. HOE, Mayo City of edding ATTEST: CONNIE STR HMAYER, C' erk U FORM APPROVED: � � � , ,�-- � , , � Gf Z'' %�t C?�f� �. , W. LEONARD WIN T , City Attorney � a:\rvrinddr.cc � _ � • LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of January, 1996, by and between the CITY OF REDDING, a Municipal Corporation and General Law City, hereinafter referred to as "Lessor" and COLETTE SHCTRTZ and JACK ARMSTRONG of P.O. Box 396,Igo, California 96047, hereinafter together referred to as "Lessee"; WITNESSETH: WHEREAS, Lessor owns certain land and premises along Riverland Drive and Clover Road west of Interstate 5, in the unincorporated portion of Shasta County, California, comprising approximately 30 acres and described as a portion of Assessor's Parcel No. 055-250-15; and WHEREAS, Lessee wishes to lease said land for the purpose of pasturing cattle and/or horses; and WHEREAS, it has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act(CEQA); NOW,THEREFORE,IT IS AGREED by and between the parties hereto as follows: l. Term. Lessor, for and in consideration of the covenants, conditions, and agreements herein set forth to be kept and performed by Lessee, does hereby grant, demise, and lease unto Lessee, subject to all of the conditions, covenants, terms, and agreements hereinafter set forth, all that certain real property depicted in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter called "Premises"). This Lease Agreement shall be for a period of five (5) years commencing on February 1, 1996, and terminating January 31, 2001. � 2. Rent. The annual rent to be paid by Lessee to Lessor under this Lease Agreement shall be Four Hundred Twenty and No/100 Dollars ($420.00). Said rent shall be payable in advance on the first day of February 1996, and on the frst day of February in each and every year thereafter during the term of this Lease Agreement in the manner herein provided without any deductions therefrom, and free and clear of any claim or demand against Lessor of any kind. � • s Rent not paid when due shall bear interest from the date due until paid at the maximum rate an individual is permitted by law to charge. Without prejudice to any other remedy which otherwise might be used for non-payment of rent, fees, and charges, or other breach of this Lease Agreement, if Lessor is required or elects to pay any sum or sums or incurs any obligations or expense by reason of a failure, neglect, or refusal of Lessee to perform any one or more of the terms, conditions, and covenants of this Lease Agreement, or as the result of any act or omission of Lessee contrary to said terms, conditions, or covenants, the sum or sums so paid by Lessor, including all interest, costs, damages, or penalties, may be added, after thirty (30) days' written notice by Lessor to Lessee, to any installment or rent thereafter due hereunder, and each and every day thereafter the same shall be and become additional rent recoverable by Lessor in the same manner and with like remedies as though it were originally a part of the rent as set forth hereinabove. 3. Use of Premises. Lessee hereby covenants and agrees that the Premises shall be used solely for pasturing livestock and activities incident to such operations. 4. Condition/Maintenance. It is expressly covenanted and agreed that Lessee has inspected the Premises and accepts it in an "as is" condition. Any and all maintenance of the demised Premises shall be at the sole cost and expense of Lessee, which expressly includes the cost of any and all water obtained from the Anderson Cottonwood Irrigation District or any other source. Lessee expressly agrees that he will erect and maintain any and all fences required to hold Lessee's livestock within the pasture herein let and demised unto Lessee. In addition, Lessee expressly agrees to perform any work necessary to control the berry vines growing within the pasture area that interfere with Lessee's operation. Control of the berry vines shall be accomplished by grazing, tractoring or use of herbicides approved by the California State Department of Food and Agriculture only. Lessee hereby covenants and agrees that on an annual basis, Lessee will create and maintain a fire break immediately inside the Premise's fence line along Riverland Drive and along Clover Road. Such fire break shall have a minimum width of thirty(30) feet. It is mutually agreed that this activity will generally occur in June of each year, however the exact timing depends upon the annual seasonal rainfall and final spring grazing period. Lessee agrees to maintain the fire break as needed during the peak fire hazard months of June through October each year. Lessor reserves the right to come upon the Premises and remove all or a portion of the vegetation on the Premises, if the vegetation is deemed to be a fire hazard by Lessor. Removal may be accomplished by any method deemed appropriate by Lessor including conducting a controlled burn-off of the existing vegetation. ....... ..... _. _. ... .... _ • � � If Lessee desires to place any improvements on the subject Premises or to demolish and remove any existing dilapidated and substandard improvements, Lessee covenants and agrees that Lessee will first obtain the consent in writing of Lessor as to any such improvement, alteration or demolition. In no circumstance shall Lessee place or cause to be placed any type of fill material within the 100 year flood plain of the Sacramento River. 5. Utilities. Lessee shall pay all costs associated with providing utilities to the subject Premises including the costs associated with the provision of any water needed on the Premises. Lessee shall pay all costs associated with servicing the existing well pump or providing another pump and installation of such in the existing well. Lessee shall pay all costs associated with subsequent utility connection to the pole/s and well, including any permits which may be required. Lessee shall pay the cost for any utility service that is furnished to Lessee at said Premises. 6. Taxes. Lessee shall pay promptly any taxes and/or special assessments assessed against the land and existing improvements and/or Lessee's personal property, and any possessory interest tax levied by reason of Lessee's use and/or occupancy of the subject Premises. 7. Compliance with Law. Lessee covenants and agrees to comply with all statutes, laws, ordinances, regulations, orders, judgments, decrees, directions, and requirements of Lessor, and of all Federal, State, County, and City authorities now in force or which may hereafter be in force applicable to said leased Premises. Lessee acknowledges that State law allows for the right of the public to fish along the Sacramento River, however, this does not obligate Lessee to provide the public with access to the River across the Premises. 8. Waste. Lessee shall not commit nor suffer to be committed any waste upon said Premises. 9. Hold Harmless. Lessee agrees to indemnify and save and hold harmless the City of Redding, its elected officials, officers, agents, employees and volunteers from all causes of action, claims, demands, damages, costs, loss of services, expenses, attorney's fees and compensation, on account of, or in any way growing out of, an injury, loss, death or damage, because of any matter, thing or condition, negligence or default whatsoever which arises out of or on account of, this Lease Agreement. _ .. - 3 - � � 10. Insurance. A. Lessee shall procure and maintain for the duration of this Lease Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with Lessee's operation and use of the Premises. The cost of such insurance shall be borne by Lessee. Coverage shall include commercial general liability insurance at least as broad as ISO occurrence form CG 0001 with limits of $1,000,000 per occurrence/general aggregate. The general liability policy is to contain, or be endorsed to contain, the following provisions: (1) Lessor, its officers, officials, employees, agents, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Lessee; products and completed operations of the Lessee; Premises owned, occupied or used by the Lessee; or automobiles owned, leased, hired, or borrowed by Lessee. The coverage shall contain no special limitations of the scope of protections afforded to Lessor, its officers, officials, employees, agents, or volunteers. (2) Lessee's insurance coverage shall be primary insurance as respects Lessor, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by Lessor, its officers, officials, employees, agents, or volunteers shall be excess of Lessee insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to Lessor, its officers, officials, employees, agents, or volunteers. (4) Lessee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to Lessor. . .. , � , • � Lessee shall furnish Lessor with certificates of insurance and original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the Risk Manager of Lessor prior to the commencement date of this Lease Agreement. B. It is further understood and agreed as a condition of this Lease Agreement that should Lessee hire an employee or employees, Lessee will provide worker's compensation insurance on its employees as required by the Labor Code, and shall furnish Lessor with a Certificate evidencing such insurance. To obtain an exemption from this requirement should Lessee have no employees, Lessee shall provide the Risk Manager of Lessor with a letter stating that it is not employing any person or persons in any manner so as to become subject to the workers' compensation laws of California; provided, however, that should Lessee later become subject to the workers' compensation provisions of the Labor Code, it will forthwith comply with the insurance requirements set forth above. 11. Assi�nment or SublettinQ. Lessee shall not assign this Lease Agreement or any interest therein, and shall not sublet the Premises or any part thereof, nor any right or privilege pertinent thereto, nor suffer any other person (the officers, agents, employees, members, and invitees of Lessee excepted) to occupy or use said Premises, or any portion thereof, without the written consent of Lessor first had and obtained. A consent by Lessor to one assignment, subletting, occupancy, or use by another party shall not be deemed to be a consent to any subsequent assignment, subletting, occupancy, or use by the same or another party. Any such assignment, subletting, occupancy, or use without such consent shall be void and shall, at the option of Lessor, terminate this Lease Agreement. This Lease Agreement or any interest therein shall not be assignable as to the interest of Lessee by operation of law, without the written consent of Lessor. 12. Ins�ection and Notice. Lessor hereby reserves the right for its agents and employees to go upon and/or travel over the demised Premises at any time to inspect the condition of the Premises, or for engineering and construction purposes and other activities of Lessor. Lessee hereby agrees and consents to Lessor's agents and employees coming upon the Premises for any and all purposes required. 13. Waiver. No delay or omission in the exercise of any right or remedy of Lessor on any default by Lessee shall impair such a right or remedy to be construed as a waiver. The receipt and acceptance by Lessor of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment of the particular rent payment involved. No act or conduct of Lessor, including, without limitation, the - 5 - .. ..... � , . • acceptance of the keys to the Premises or the combination to any combination locks on the Premises, shall constitute an acceptance of the surrender of the Premises by Lessee before the expiration of the term. Only a notice from Lessor to Lessee shall constitute acceptance of the surrender of the Premises and accomplish a termination of this Lease Agreement. Lessor's consent to or approval of any act by Lessee requiring Lessor's consent or approval shall not be deemed to waive or render unnecessary Lessor's consent to or approval of any subsequent act by Lessee. Any waiver by Lessor of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Lease Agreement. 14. De ault. The occurrence of any of the following shall constitute a default by Lessee: A. Failure to pay rent when due, if the failure continues for ten (10) calendar days after notice has been given to Lessee. B. Abandonment and vacation of the Premises (failure to occupy and operate the premises for thirty (30) consecutive days shall be deemed an abandonment and vacation). C. Failure to perform any other provision of this Lease Agreement if the failure to perform is not cured within sixty (60) days after notice has been given to Lessee. If the default cannot be reasonably cured within sixty (60) days, Lessee shall not be in default of this Lease Agreement if Lessee commences to cure the default within the sixty(60) day period and diligently and in good faith continues to cure the default. Notices given under this paragraph shall specify the alleged default and the applicable provisions of this Lease Agreement, and shall demand that Lessee perform the provisions of this Lease Agreement or pay the rent that are is arrears, as the case may be, within the applicable period of time, or quit the Premises. No such notice shall be deemed a forfeiture or a termination of this Lease Agreement unless Lessor so elects in the notice. 15. Lessor's Remedies. Lessor shall have the following remedies if Lessee commits a default. These remedies are not exclusive; they are cumulative in addition to any remedies now or later allowed by law. Lessor can terminate Lessee's right to possession of the Premises at any time. No act by Lessor other than giving notice to Lessee shall terminate this Lease Agreement. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Lessor's initiative to protect Lessor's interest under this Lease Agreement shall not constitute a termination of Lessee's right to possession. On termination, Lessor has the right to recover from Lessee: - 6 - , _ ... , � • A. The worth, at the time of the award of the unpaid rent that had been earned at the time of termination of this Lease Agreement; B. The worth, at the time of the award of the amount by which the unpaid rent that would have been earned after the date of termination of this Lease Agreement until the time of award exceeds the amount of the loss of rent that Lessee proves could have been reasonably avoided; C. The worth, at the time of the award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the loss of rent that Lessee proves could have been reasonably avoided; D. Any other amount, and court costs, necessary to compensate Lessor for all detriment proximately caused by Lessee's default. "The worth at the time of the award," as used in subparagraphs A, B and C of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. 16. Late Charges. Lessee acknowledges that late payment by Lessee to Lessor of rent will cause Lessor to incur costs not contemplated by this Lease Agreement, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges. Therefore, if any installment of rent due from Lessee is not received by Lessor when due, Lessee shall pay to Lessor an additional sum of ten percent (10%) of the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of late payment by Lessee. Acceptance of any late charge shall not constitute a waiver of Lessee's default with respect to the overdue amount, nor prevent Lessor from exercising any of the other rights and remedies available to Lessor. 17. Eminent Domain. In the event the Premises shall be appropriated or taken under the power of eminent domain by any public or quasi-public authority, this Lease Agreement shall terminate and expire as of the date of such taking, and Lessee shall thereupon be released from any liability thereafter accruing hereunder. 18. Bankruntcv or Insolvencv. If Lessee shall be adjudged bankrupt, either by voluntary or involuntary proceedings, or should be the subject of any proceedings to stay the enforcement of obligations against it in the form of reorganization or otherwise under and pursuant to any existing or future laws of the Congress of the United States, or if Lessee shall discontinue business or fail in business, or abandon or vacate said real property, or _. . . � • make an assignment for the benefit of creditors, or if said real property should come into possession and control of any trustee in bankruptcy, or if any receiver should be appointed in any action or proceeding with power to take charge, possession, control, or care of said property, Lessor shall have the option to forthwith terminate this Lease Agreement, and re-enter the properry and take possession thereof. In no event shall this Lease Agreement be deemed an asset of Lessee after adjudication in bankruptcy. 19. Cancellation. This Lease Agreement may be canceled by either party at any time during the term of this Lease Agreement upon giving proper written notice one hundred twenty (120) days in advance of such cancellation. In this connection, it is covenanted and agreed that if this Lease Agreement is canceled by either parly pursuant to this paragraph, there shall be no obligation upon Lessor to save and protect or conserve any crop or crops growing upon the demised Premises which have been planted thereon by Lessee, but that it shall be the obligation of Lessee to harvest said crop or crops by the date of cancellation or to abandon said crop or crops; Lessee shall remove any and all other improvements or personal properry of Lessee from the Premises on or before said date of cancellation. 20. Surrender. At the termination of this Lease Agreement by lapse of time or otherwise, Lessee shall surrender possession of the Premises to Lessor; deliver all keys to the Premises and all locks therein to Lessor; and make known to Lessor the combination of all combination locks on the Premises. 21. Vacating the Premises. Upon vacating the Premises, Lessee agrees to leave same in a condition as good as or better than existed on the day possession was taken, and to reimburse the Lessor for any damage done to the property caused by Lessee's tenancy. Should the Lessee fail in this obligation, all costs necessary to restore the Premises to the condition it was in on the date of possession shall be paid by the Lessee. 22. Hazardous Materials. Hazardous substances or materials shall include, but are not limited to, substances which are flammable; explosive; corrosive; radioactive; toxic; and any substances defined as hazardous substances, hazardous materials, toxic substances, or hazardous wastes in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Sections 9601, et. seg.), the Hazardous Materials Transportation Act (49 U.S.C. Sections 1801 et. seg.), the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901 et. seq.), the Hazardous Waste Control Act (California Health & Safety Code Sections 25100 et. seq.), and the Hazardous Substance Account Act (California Health & Safety Code Sections 25300 et. seq.), and all amendments to these laws, and regulations adopted or publications promulgated pursuant to these laws. Hazardous materials shall also include those asbestos-containing materials defined and described in Environmental Protection Agency Report No. 56/5.-85-024 (June - 8 - �, � �� o • 1985), or any related or successor report, or other applicable government regulations defining or describing such materials. Hazardous materials shall also include hazardous materials, substances or waste, or toxic materials, substances or waste as those terms or similar terms are defined by any other federal, state or local law or regulation. Lessee agrees to indemnify, protect, hold harmless, and defend Lessor, its officers, employees and agents from and against any and all liability, including without limitation, (a) all foreseeable and unforeseeable consequential damages, directly or indirectly arising from the use, generation, storage, or disposal of hazardous materials, including those permitted to be used or stored on the Premises, by Lessee and (b) the cost of any required or necessary repair, cleanup, or detoxification and the preparation of any closure or other required plans, to the full extent that such liability is attributable, directly or indirectly, to the presence or use, generation, storage, release, threatened release, or disposal of hazardous materials, including those permitted to be used or stored on the Premises, by any person on the Premises during the term of this Lease Agreement. Lessee releases Lessor from any and all claims Lessee may have against Lessor of whatever kind or nature resulting from or in any way connected with the environmental condition of the Premises, including any and all claims Lessee may have against Lessor under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), or any other federal, state, or local law, whether statutory or common law, ordinance, or regulation pertaining to the release of hazardous materials, including those permitted to be used or stored on the Premises, into the environment from or at the Property. Lessee expressly waives the benefits of Civil Code section 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Except as otherwise permitted in this Lease Agreement, Lessee shall not use, create, store or allow any hazardous materials on the Premises. Fuel stored in a motor vehicle for the exclusive use in the vehicle and household products necessary for routine cleaning and maintenance of the Premise may be kept on the Premises in quantities reasonable for current needs. Breach of any of these covenants, terms and conditions shall give Lessor the right to immediately terminate this Lease Agreement. Lessee shall be responsible at Lessee's sole expense and obligation for the legal removal and disposal of hazardous materials introduced to the Premises during the term of this Lease Agreement and for any cleanup and decontamination of the Premises due to the presence of any hazardous materials on the Premises during the term of this Lease Agreement. _....... . _. ... . . ' • . • 23. Administration bv Lessor. Whenever Lessee is required to secure the approval or consent of Lessor under this Lease Agreement, "Lessor" shall mean the City Manager of the City of Redding. However, at the option of any of the parties to the Lease Agreement, any such questions may be referred to the City Council of the City of Redding, whose decision thereon shall be final. 24. Entire Agreement and Modifcation or Amendment. This Lease Agreement, which includes all e�ibits attached hereto and incorporated by reference herein, contains all the representations and the entire understanding and agreement between the parties pertaining to the Premises or any other matters connected therewith. All correspondence, memoranda, or oral or written agreements pertaining to the Premises or the parties hereto, which originated before the date of this Lease Agreement are null, void and no longer in force and with no effect, and are replaced in total with this Lease Agreement unless otherwise expressly stated in this Lease Agreement. This Lease Agreement shall not be altered, amended, or modified except by a writing signed by Lessor and Lessee. 25. Invalid Provisions. The unenforceability, invalidity, or illegality of any provision or any part of any provision of this Lease Agreement shall not render the other provisions or other parts of a provision unenforceable, invalid, or illegal. 26. Notice. Any notices or demands that may be given by any party hereunder, including notice of default and notice of termination, shall be deemed to have been fully and properly given when made in writing, enclosed in a sealed envelope, and deposited in the United States Post Office with postage prepaid, certified mail, addressed as follows: To Lessor c/o City Manager, City Hall, 760 Parkview Avenue, Redding, California 96001- 3396; and to Lessee at P.O. Box 396, Igo, California 96047. 27. Attornev's Fees. In case suit or action is instituted to enforce any of the provisions of this Lease Agreement, the prevailing party therein shall be entitled to attorney's fees and other sums as may be adjudged reasonable and necessary at trial and on appeal. 28. Binding on Successors. Subject to the provisions respecting assignment, underletting or subletting herein, all terms, covenants, and conditions herein contained shall extend to and bind the successors and assigns of the respective parties hereto. 29. Headings. Reference, and Joint and Several Liabilitv. The titles and headings of the various sections of this Lease Agreement are intended solely for convenience of reference and are not intended to explain, modify or place any construction on any of the provisions of this Lease Agreement. Masculine and feminine, or neutral gender and the singular and the plural number shall each be considered to include the other whenever the context so 1 _ .... ,' . � � requires. If either party consists of more than one person, each such person shall be jointly and severally liable. 30. Time o�Essence. Time is of the essence of this Lease Agreement and of each and every provision thereof. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day and year set forth above. LESSOR: CITY OF REDDING By: DAVID A. KEHOE Mayor ATTEST: FORM APPROVED: CONNIE STROHMAYER W. LEONARD WINGATE City Clerk City Attorney LESSEE: COLETTE SHURTZ JACK ARMSTRONG a:�shurtz2.lse - 11 - ,,. . . • e � _ � � Z � � m m � � 0 � L �� `�yO // 30 ACRES y F` �� � 9� � � p CR �.c Sq 4MFHro R��fR I D:\ACAD\DLIA�L5525015 LOCATION MAP PASTURE LEASE CITY OF REDDING PROPERTY AP# 55-250-15 sca�: ,•=aoo� DECEMBER 1995 , ,� �������� . �, ��- �_ ,:.