HomeMy WebLinkAboutReso 94-173 - Approve the agreement between COR & State of Calif, acting by and throught director of the Dept of General Serv, for assignable Lease Option for a certain parcel at Benton Airport s
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF
REDDING AND THE STATE OF CALIFORNIA, ACTING BY AND
THROUGH THE DIRECTOR OF THE DEPARTMENT OF GENERAL
SERVICES, FOR AN ASSIGNABLE LEASE OPTION FOR A CERTAIN
PARCEL AT BENTON AIRPORT, AND AUTHORIZING THE MAYOR TO
SIGN SAME.
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 Agreement between the City of Redding and the State
of California acting by and through the Director of the Department
of General Services, for an assignable ground lease option for a
certain parcel at Benton Airport, effective July 1, 1994 . A true
copy is attached hereto and incorporated by reference.
2 . That the Mayor of the City of Redding is hereby autho-
rized 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.
I HEREBY CERTIFY that the foregoing Resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 21st day of June 1994 , and was duly
adopted at said meeting by the following vote:
AYES : COUNCIL MEMBERS : P. Anderson, Kehoe, McGeorge, Murray and R, Anderson
NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ROtERT C. ANDERSON, Mayor
City of Redding
ATTEST: FORM APPROVED:
201_n�'
e�j ed P. A \a
CONNIE STROHMAYER, ity Clerk RA ALL A. H YS City Attorney .�
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STATE OF TRANSACTION
i - CALIFORNIA NO.
ASSIGNABLE OPTION 9206039
GS-9000 (11/92)
AGREEMENT
Parties In consideration of the sum of ten dollars($10.00)and other good and valuable consideration THE CITY OF
REDDING, also known as optionor, but hereinafter called the City, grants to the nominee of the State of
California, Department of General Services, an option to lease the real property hereinafter described upon the
following terms and conditions-10— '�
Property 1 Ther al property subject to this agreement is all that certain real-"prop erty situated in the city of Redding,
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Description county of Shasta,{State of,California,described below:
Three(31"a6res„m6re br less,varcel of land located atthe Benton Airaort .as.del nested on Attachment 1
hereto,and"havih a'legal description"to be"set forth in a subsequentlease agreement
4,r
Rental Amount - 2 An annual rental, payable in arrears and inequal monthly installments, shall.beset foith in a subsequent
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lease agreement. The amount of such rental shall initially be established on the basis of eight (8) percent of the
appraised fair market value of subject property. Td'
Qualtfickttons of 3 The State shallfurnishto the City such information and data as ,aught7be;teas nably available which
Nominee' demonstrates the ability ofatt a selected nom�nce to carry out the obligations of the`Agreemen and such subsequent
lease agreemen as Vinay result herefrom The City may make such inqugy or'mves;igations as it deems necessary,
H including"°consultation with the Fcderal'Aviation Administration to verify nominee's`abiliiy=
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State Notice To 4 It is contemplated the State will selI.Iect',and designate a nominee to accompl�ch the objectives as with
City this"Agreement Accord gly, withine time provided for the exercise of the optt n,as heiein provided, the State
shall give notice to the City"of the person or persons selected-by-the State, which, ' persons so selected
shaU be designated nominee, which nominee shall be:entitled to exercise the rights,granted herein by the City; and
thereupon such nominee shall be deemed to be a party to this Agreement:as"fully and complete y as though
expressly named as da'party herein. "
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1"�me Of Exercise S The option to lease said property may be exercised by rthe giving of written notice thereof by such nominee
3
tothe City at any time prior to the"lapse of one°.(1)'calendar year from the effective date of-this Agreement as
hereinafter,establislYed
Terms Of Lease`-= `" 6 The:subsequent lease agreement herein envisioned will be in a',form and content normally used by the City
and will include,but;not be�limited tothe following terms and conditions:
A. Lease time'len of twen 20 ears" lus two 2 0 ons to extend of ten 10 ears each and a
gth ty (. )Y , P O P ( ) Y
j
:ten"(10)yearfright ofufirsi-refusal;',
B. ;An initial annual rental as'"set forth in Paragraph 2'above, with periodic adjustments reflecting leasehold
value increases which,may occur;
C. Compliance with-such local,state and federal laws"and regulations as may be applicable;
D. Upon expirationof the,leasdAermn,me, -ing any extensions thereto, title to all improvements which
may have been constructed upon the leased premises shall pass to the City.
E. City shall provide a survey of the property.
F. City shall cause the site to be free and clear of any and all toxic and hazardous materials that may be an
environmental impairment.
Effective Date 7. The effective date of this Agreement shall be July 1, 1994.
i
Right Of En 8. The State, its emyees or invitees may enter onto the property described herein, on or after the effective
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date and prior to the expiration of the time for the exercise of the option, for the purpose of the determination of
site preparation requirements and soil conditions. The State shall be responsible for the repair of any damage
resulting from any such entry.
Notices 9. All notices herein provided to be given or which may be given shall be deemed to have been fully given
when made in writing and deposited in the United States Mail, Certified and Postage Prepaid, and addressed as
follows:
To the City: DIRECTOR OF AIRPORTS
6751 WOODRUM CIRCLE,#200
REDDING,CA 96002 ,4
v fr �
77
and to the State: DEPARTMENT SOF GENERAL SERVICES
OFFICE OF REAL,�ESTATE=AND DESIGN SERVICES v,
4004'R`STREET, VITE 5000
SACRAMENTO',CA 95814-6280
M `
Time Is Of The p �40 Time Is of the essence of each and all the-provisions of thus agreement 4nd the provisions of this agreement
Essence,Bmdin shall extend to and be binding upon and inure tothe benefit of the hei s,.executoars,adthimstrators, successors, and
Upon Heirs,Etc. pi essigns;of the State,the Optionors,and the Nominee. �
57E
IN WITNESS WHEREOF,the patties have hereunto set thea hands of thi19 M
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CITY OF BEDDING z STATE OF AL`IFO
A
ROBERtC ANDERSON, Mayor D _ O ea 1VI`
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DFM kf.L:105RED39 �� � � 8
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ATTEST: : r ,j .
CONNIE STROHMAYER, City Clerk
CONTENT APPROVED "
GEORGE E. PERRY, Director of Airpo
FORM APPROVED:
RA DALL A. HAYS, City Attorney
IPARCEL 5
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KFCHP.O SIG
ATTACHMENT 1