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HomeMy WebLinkAboutReso 95-149 - Approve Lease agreement entered into between COR & People of Progress, Inc ' � � RESOLUTION NO. �y�9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY �OF REDDING APPROVING THE LEASE AGREEMENT ENTERED INTO BETWEEN THE CITY OF REDDING AND PEOPLE OF PROGRESS, INC., AND AUTHORIZIN'G THE MAYOR TO SIGN SAME. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: l. That the City Council of the City of Redding hereby approves the Lease Agreement between the City of Redding and People of Progress, Inc., 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 Lease 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 on the aforesaid document, when appropriate. 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 20th day of June, 1995, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: P• Anderson, R. Andersan, McGeorge, Murray and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None / � ;.� DAVID A. I�HOE, Mayor � ✓ ATT�S1: CONNIE STR HMAXER, Clerk FORM APP VED: � � ���� � `� �� ���. _.:� r W. LEONARD WINGA , City Attorney � �.,'� � � . � . LEASE AGREEMENT TH/SLEASEAGREEMENT, made and entered into this day of June, 1995, by and between the CITY OF REDDING, a Municipal Corporation and General Law City of the State of California, hereinafter referred to as "Lessor," and PEOPLE OF PROGRESS, INC., a non-profit corporation, hereinafter referred to as "Lessee": IT IS MUTUALLY UNDERSTOOD, STIPULATED and AGREED by and between the parties hereto as follows: /. PREM/SES. That for and in consideration of the covenants and agreements herein contained, Lessor does hereby lease, demise, and let unto Lessee that certain real property consisting of approximately 3.2 acres of land (the "Premises") located within the Enterprise Community Park, as described in Exhibit "A" and depicted in Exhibit "A-1 " attached hereto and made a part hereof by reference. //. TERM. The term of this Lease Agreement shall be for one (1� year, commencing June 21, 1995, and terminating on June 20, 1996. Either party hereto may terminate this Lease Agreement at any time by giving thirty (30) days' advance written notice of termination to the other party. ///. L/M/TED OPT/ON TO EXTEND TERMS. Lessee is given an option to extend the term on all provisions contained in this Lease Agreement, following expiration of the initial term, by giving notice of exercise of the option to Lessor at least one month, but not more than two months, before the expiration of the term. This option to extend is limited by the right of the Lessor to rescind such option at any time by giving notice to Lessee as provided in this Lease Agreement. /V. USE. The Premises are to be used solely by Lessee and gardeners participating in Lessee's community garden project for the purpose of growing lawful crops, to wit: annual vegetable crops for their own use, and for related agricultural - 1 - , � � activities in connection with its community garden project, and for no other purpose whatsoever. V. REENTRY OF PROPERTY. Subject to the restrictions and reservations herein contained, Lessee, performing the covenants herein specified, shall and may peaceably and quietly hold and enjoy said Premises for the term aforesaid; but if default should be made in any of the covenants or agreements herein contained on the part of the Lessee, it shall be lawful for Lessor to reenter the Premises and remove all persons therefrom, or Lessor may elect to exercise any legal or equitable right accruing to it as the result of such breach. V/. CONS/DERA T/ON. In consideration of the benefits derived by the citizens of Redding in utilizing the Premises described herein for the use set forth in Paragraph IV hereto, Lessee shall not be required to pay to Lessor any monetary consideration under the terms of this Lease Agreement. V//. UT/L/T/ES. Lessee shall make all arrangements for and pay for all utilities and services furnished to or used by it, including without limitation, gas, electricity, water, telephone service and trash collection, and for all connection charges. In the event that the Premises require construction or installation of specific facilities in order to allow it to be served by any of the utilities described in this paragraph, Lessee shall be responsible for all costs associated with said construction, including, but not limited to, required permits, design and engineering services, and all costs of construction. Said construction shall conform to all state, county, and city building statutes, ordinances, and regulations. V///. FENC/NG. Lessee shall install, at its own expense, a six (6) foot high welded-wire fence around the full perimeter of the Premises, with railroad ties or similar material to be used as corner posts and steel or cedar posts every ten feet along said fence lines. Lessee shall install a minimum of one (1 ) access gate to Premises. - 2 - . f • � Placement of said gate shail be at the discretion of Lessee. Lessee shall provide a lock for said gate and shall supervise access through said gate. A duplicate key for said lock shall be provided to Lessor. /X. SAN/TARY FAC/L/T/ES. A. Lessee shall provide, at its own expense, chemical toilets to be placed upon the Premises at a location to be specified by Lessor. Lessee shall ensure that said toilets are on the Premises from approximately March through October of each year. B. Lessee shall arrange for, at its own expense, regular servicing of said sanitary facilities and shall arrange for their removal from the Premises following the end of the gardening activity each fall. C. Lessee shall be obligated to provide the above specified facilities until such time as Lessor constructs permanent restrooms at the Enterprise Community Park property of which the Premises is a part. X. PRO V/S/ON OF MUL CH. Lessor shall provide, at no cost to Lessee, 200 yards of garden mulch to be delivered to the Premises for use in the garden activity of Lessee. X/, AL TERA T/ONS. If Lessee desires to install any improvements or make any alterations to the Premises other than those provided for herein, Lessee covenants and agrees that it will first obtain the consent of Lessor in writing as to any such improvement or alteration. X//. USE OF FERT/L/ZERS AND /NSECT/C/DES. Lessee shall limit the use of insecticides, fertilizers or other chemical substances on the Premises to only those consumer products available for use by the home gardener. No insecticides, fertilizers, or other chemical substances shall be stored on the Premises at any time. - 3 - � , � � In addition, Lessee agrees to monitor and control the use of such substances by its participating gardeners to ensure that such use shall not result in contamination of the soil of the Premises by toxic materials. X///. PREM/SES AS /S; MA/NTENANCE. A. Lessee has inspected the Premises and accepts the same in an "as is" condition. B. Lessee agrees to maintain and care for the entire Premises subject to this Lease Agreement; to keep all fences, gates, and locks in good repair; and to take reasonable precautions against fire, calamity, and waste on the Premises. C. Lessee further agrees, at its own expense, to groom the areas used for growing at the end of the growing season so that excess crop vegetation is not left in the garden plots. D. At the end of the term of this Lease Agreement, or any extension thereof, all improvements shall become the property of Lessor at no cost to Lessor. E. Lessee expressly agrees that it will leave said Premises at the termination of this Lease Agreement, or any extension thereof, in a good and clean condition. X/V. WASTE. Lessee agrees that it will not commit any waste on the Premises, nor any public or private nuisance thereon. Lessee further specifically agrees to pick up and remove litter from the Premises weekly. XV. DEFAUL T. If Lessee should default as to any of the terms, conditions, covenants, and agreements herein contained, and Lessor having knowledge of such breach should not take advantage of same, such failure on the part of Lessor shall not be construed as a waiver of such term, condition, covenant, or agreement and the right of termination by Lessor shall remain in full force and effect unless - 4 - ., � � expressly waived in writing, nor shall the right of Lessor to give or withhold consent in any case be deemed to be waived on account of a prior waiver thereof. XV/. COMPL/ANCE W/TH LAW. Lessee, in carrying on and conducting activities upon said Premises, shall comply with and conform to all laws, ordinances, and regulations governing the conduct of such activities. XV//. /NSPECT/ON. � A. Lessor or its agents shall have the right, on reasonable occasions, to enter onto any part of the Premises to ascertain and inspect the condition thereof. B. Lessor shall have the right to post notices on the Premises of non-liability under and pursuant to the laws of the State of California for any work done on said Premises, and Lessee agrees to notify Lessor in writing immediately that any work at any time is commenced on said Premises. XV///. CANCELLA T/ON. Either party may terminate this Lease Agreement by giving the other party thirty (30) days' written notice thereof in advance. In this connection, it is covenanted and agreed that if this Lease Agreement is canceled by either party pursuant to this paragraph,there shall be no obligation upon Lessor to save and protect or conserve any crop growing upon the Premises by Lessee, but that it shall be the obligation of Lessee to remove any such crop by the date of cancellation or to abandon said crop, and Lessee shall remove any and all other improvements or personal property of its from the Premises on or before said date of cancellation. X/X. NO T/CE. Any notices or demands that may be given by either 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 Mail, certified mail, postage prepaid, addressed - 5 - . � • as follows: to Lessor at 760 Parkview Avenue, Redding, California 96001- 3396; and to Lessee at Post Office Box 4431 Redding, California 96099. XX. ADM/N/STRA T/ON BY LESSOR. Whenever Lessee is required to secure the approval or consent of Lessor under this Lease Agreement, Lessor shall mean City Manager of Lessor. However, at the option of the City Manager of Lessor, any such question may be referred to the City Council of Lessor, whose decision thereon shall be final. XX/. 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. XX//, /NSURANCE. 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 51,000,000 per occurrence/general aggregate. The general liability policy is to contain, or be endorsed to contain, the following provisions: a. 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. - 6 - • . � • The coverage shall contain no special limitations of the scope of protections afforded to Lessor, its officers, officials, employees, agents, or volunteers. b. 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. c. 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. d. 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. e. 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. XX///. ASS/GNMENT AND SUBLETT/NG. Lessee shall not, without the previous consent in writing of Lessor, assign this Lease Agreement or any interest therein, nor underlet or sublet the whole or any part of said Premises. Any purported assignment, either direct, by operation of law, or under or in pursuance of any order, judgement, decree, or process of any Court, shall be wholly void and shall, at the option of Lessor, work a forfeiture of this Lease Agreement. The consent of Lessor to the first or any other assignment shall not be a consent to any subsequent assignment, but the prohibition against assignment without consent shall continue in force as against any assignee. - 7 - ." � • XX/V. TAXES. Lessee shall pay any and all possessory interest taxes levied by the Shasta County Assessor against the land and existing improvements which are now on the Premises or may be located on the Premises during the term of this Lease Agreement or any extension thereof. XXV. ENT/RE AGREEMENT. This Lease Agreement sets forth the entire agreement between the parties hereto. Modifications or additions to this Lease Agreement shall be considered valid only when mutually agreed upon by the parties hereto in writing. XXV/. /NVAL/D PROV/S/ONS. In the event any term, covenant, condition, or provision herein contained is held invalid by any Court of competent jurisdiction, the invalidity of the same shall in no way affect any other term, covenant, condition, or provision herein contained, provided that the validity of any such term, covenant, condition, or provision does not materially prejudice either Lessor or Lessee in their respective rights and obligations contained in the valid terms, covenants, conditions, and provisions of this Lease Agreement. XXV//. A TTORNEY'S FEES. Should Lessor be compelled to resort to legal action to obtain possession of the Premises or to enforce any of the covenants of this Lease Agreement, Lessee shall pay reasonable attorney's fees and costs therefor and all other damages which Lessor may suffer. XXV///. B/ND/NG ON SUCCESSORS. All terms, covenants, conditions, and provisions of this Lease Agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. - 8 - . � i • XX/X. CEQA. It has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act, codified as Public Resources Code Section 21000, et seq. as amended, as specifically discussed in Section 15304(b). /N W/TNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day and year first above written. CITY OF REDDING DAVID A. KEHOE, Mayor PEOPLE OF PROGRESS, INC. Chairman of the Board FORM APPROVED: W. LEONARD WINGATE, City Attorney ATTEST: CONNIE STROHMAYER, City Clerk a:popgardn.lse - 9 - � . i � EXHIBIT A LEGAL DESCRIPTION COMMENCING AT THE CENTERLINE MONUMENT OF VICTOR AVENUE AT STATION 93 +40.19; THENCE NORTH 68°10'46"W, 1468.94 FEET TO THE POINT OF BEGINNING; THENCE N29°36'S1 "W, 303.68 FEET; THENCE S88°35'14"W, 493.08 FEET; THENCE S16°20'50"E, 267.97 FEET; THENCE N89°28'E, 567.60 FEET TO THE POINT OF BEGINNINQ. NORTH AGGE55 ROAD �NT�i��'� I S� GOMMU�( I TY i��i�f< . w � 443A8 5 88'35'i4' W � KIDS � �' �� KINGDOM r �'i�Ofi'OS�I� � s ����I � y� � ��� � � � r 561b0 N 84'2B'E � � \ \ i \ � V � � � — � � }� � � \ � � � r" /�8 94� ' N � Q 68��0� � � F_- p�v�� m StxGr-�oo' � � � , _ �� X � W r"tA�K ���,� EL. �/ISTA PaRK ENTRAHGE � � � � GENTERLII�1� MOWJM�NT VIGTOR STA. 43+40.19