HomeMy WebLinkAboutReso 93-401 - Approve 1st Amendment to lease between the COR & Ellington Peek, DBA Shasta Livestock Auction, Inc for ground lease at Redding Municipal Airport t
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RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING APPROVING THE FIRST AMENDMENT TO LEASE BETWEEN
THE CITY OF REDDING AND ELLINGTON PEEK, DOING BUSINESS
AS SHASTA LIVESTOCK AUCTION, INC. , FOR GROUND LEASE AT
REDDING MUNICIPAL 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 First Amendment to Lease between the City of Redding
and Ellington Peek, dba Shasta Livestock Auction, Inc. , effective
November 17 , 1993, a true copy of which 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 First Amendment to Lease 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
j City of Redding on the 16th day of November , 1993, and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS : Anderson, Kehoe, "'toss and Arness
NOES: COUNCIL MEMBERS : None
it ABSENT: COUNCIL MEMBERS : Dahl
ABSTAIN: COUNCIL MEMBERS : Mone
CARL ARNESS, Mayor
City of Redding
ATTEST: FORM APPROVED:
CONNIE STROHMAYE ty Clerk RA DALL A. HAY$, City Attorney
F° = R S T AMENDMENT TO L EAS E
THIS FIRST AMENDMENT TO LEASE is made and entered into by and
between the CITY OF REDDING, a Municipal Corporation and General
Law City, hereinafter referred to as "LESSOR, " and ELLINGTON PEEK,
dba SHASTA LIVESTOCK AUCTION, INC. , hereinafter referred to as
"LESSEE" :
W I T N E S S E T H:
WHEREAS, on July 20, 1993, LESSOR by Resolution No. 93-291
approved the Consent to Assignment of the Bill R. Woods Lease dated
June 16, 1992 , to LESSEE for certain ground area at Redding
Municipal Airport, and
WHEREAS, LESSEE has requested that the Lease be amended to
include additional ground area for the placement of an above ground
fuel tank; and
WHEREAS, said Lease contains provision for LESSEE to install
on-Premises tanks , LESSOR and LESSEE wish to amend said Lease
pursuant to the terms and conditions of this First Amendment to
Lease;
NOW, THEREFORE, it is agreed by and between the parties
hereto as follows :
1 . Effective November 17, 1993, the Description of Premises
as specified in said Lease is hereby amended and will be as
depicted in the new Exhibits "A" and "B" attached hereto and
incorporated herein by reference.
2 . Effective November 17, 1993, paragraph 6 .A of said Lease
is hereby deleted, and the following paragraph 6 .A added:
6 . GROUND RENTAL.
LESSEE shall pay to LESSOR base ground rental in
accordance with the following provisions :
A. For the 13, 130 square foot Premises, Two Thousand
Four Hundred Ninety-six Dollars ($2 ,496 .00) per
year. Said rental shall be payable in twelve ( 12)
monthly installments of Two Hundred and Eight Dol-
lars ( $208 .00) each, payable to LESSOR in advance
by the 10th day of each month during the term of
this Lease, commencing the 10th day of December,
1993 .
3 . Effective November 17, 1993 , paragraph 23 of said Lease
is hereby deleted, and the following paragraph 23 added:
23 . HOLD HARMLESS; INSURANCE
A. This Lease is granted upon the express condition
that LESSOR, its officers, officials , agents,
employees , and volunteers, shall be free from any
and all liability and claims for damages for per-
sonal injury, death, or property damage, or hazard-
ous substance eradication in any way connected with
LESSEE's use of the Premises hereunder leased,
including claims of LESSEE, his heirs , executors ,
administrators, personal representatives, succes-
sors , assigns, agents, employees, and customers .
LESSEE shall indemnify and save harmless LESSOR,
its officers , officials , agents, employees, and
volunteers , from any and all liability, loss, cost,
or obligation on account of or arising out of any
such injury, death, or loss caused by the negli-
gence or other legal fault of LESSEE or his heirs,
executors, administrators, personal representa-
tives, successors , assigns, agents , employees, and
customers .
B. It is specifically understood and agreed as a
condition of this Lease that LESSEE shall procure
and maintain from a company authorized to do
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business in the State of California, at his sole
cost and expense and at all times during the term
of this Lease, comprehensive general liability
insurance policy for aircraft liability and airport
premises liability in an amount of not less than
$1 million combined single limits . Said insurance
shall be in form and content sufficient and ade-
quate to save LESSOR, its officers, officials,
agents, employees, and volunteers, harmless from
any and all claims arising out of the use and
occupancy of said Premises . A Certificate and
endorsements evidencing such insurance shall be
approved by the Risk Manager of LESSOR.
C. LESSEE shall also secure and maintain property
insurance against all risks of loss on the hangar
and improvements to be constructed by LESSEE as a
part of the aviation operation created by this
Lease, and insurance coverage shall be to the full
replacement value of the hangar, the improvements,
and the contents as erected and placed upon the
Premises . LESSEE further agrees that in the event
of any loss or partial or complete destruction of
the hangar and/or improvements erected by LESSEE,
any proceeds of insurance received by LESSEE shall
be utilized in the replacement, reconstruction, or
repair of the damaged or destroyed hangar and/or
improvements .
D. It is further understood and agreed as a condition
of this Lease that LESSEE will provide and maintain
statutory workers ' compensation insurance on its
employees , and employer 's liability with limits of
not less than $1 million per occurrence. The Risk
Manager of LESSOR shall be furnished with a
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Certificate and endorsements evidencing such insur-
ance. 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 LESSEE 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. Both the
workers ' compensation and employers ' liability
shall contain the insurer 's waiver of subrogation
in favor LESSOR, its officers , officials, agents,
employees, and volunteers .
E. Pollution Legal Liability for above ground storage
tanks, including cleanup costs for sudden and
gradual releases, with limits no less than
$1 ,000,000 .00 per occurrence. The City of Redding,
its officers, officials , employees, agents,and
volunteers shall be included as additional insured
on the policy.
F. Automobile liability shall be maintained for bodily
injury ( including death) and property damage, with
limits of not less than $500,000 combined single
limits per occurrence, applicable to all owned,
non-owned, and hired vehicles .
G. Any deductibles or self-insured retentions must be
declared to and approved by LESSOR. At the option
of LESSOR, either the insurer shall reduce or
eliminate such deductibles or self-insured
retentions as respects LESSOR, its officers, offi-
cials, agents, employees, and volunteers; or LESSEE
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shall procure a bond guaranteeing payment of losses
and related investigations, claim administration,
and defense expenses .
H. The general liability and automobile liability
policies are to contain, or be endorsed to contain,
at least the following provisions :
( 1) LESSOR, its officers, officials, agents,
employees, and volunteers, are to be covered
as insured as respects : liability arising out
of premises or vehicles owned, occupied, or
used by LESSEE. The coverage shall contain no
special limitations on the scope of protection
afforded to LESSOR, its officers , officials,
agents, employees , or volunteers .
(2) LESSEE's insurance coverage shall be primary
insurance as respects LESSOR, its officers,
officials, agents, employees, and volunteers .
Any insurance or self-insurance maintained by
LESSOR, its officers, officials, agents,
employees, or volunteers, shall be excess of
LESSEE's 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,
agents, employees, or volunteers .
(4) Coverage shall state that 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.
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(5) Each insurance policy required by this clause
shall be endorsed to state that coverage shall
not be suspended, voided, cancelled, reduced
in coverage or in limits except after 30 days '
prior written notice by certified mail , return
receipt requested, has been given to LESSOR.
(6) All required insurance policies shall be
issued by companies which hold a current
policy holder 's alphabetic and financial size
category rating of not less than A: VII ac-
cording to the most recent issue of Best' s
Insurance Reports . .
4 . All other terms and conditions of said Lease which
commenced June 16 , 1992 , shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
First Amendment to Lease in the presence of their respective
officers duly authorized in that behalf on the days and year set
forth below.
CITY OF REDDING
DATED: , 1993 By:
CARL ARNESS, Mayor
ELLINGTON PEEK dba
SHASTA LIVESTOCK AUCTION, INC.
DATED: , 1993 By: ?'--c.--� /z,?Z
ELLINGTON PEEK, President
ATTEST: FORM APPROVED:
CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney
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LEASE DESCRIPTION FOR SHASTA LIVESTOCK
Commencing at the section corner common to Sections 22, 23, 26, and 27, T. 31 N. ,
R. 4 W. , M.D.B.&M. ; thence westerly on and along the north line of Section 27,
S. 89014'56" W. , 2000.00 feet to the centerline of Airport Road; thence southerly
on and along said centerline of Airport Road, S. 00°02'04" E. , 3939.68 feet to
a point of intersection with the centerline of the old entrance road to Redding
Municipal Airport; thence easterly on and along said old entrance road
centerline, N. 89157'56" E. , 1129.56 feet to a point of intersection with the
centerline of Taxiway A; thence northerly on and along said centerline of
Taxiway A, N. 00003'56" E. , 526.36 feet; thence continuing along said centerline
of Taxiway A, N. 06003' 56" W. , 792.17 feet to a point of intersection with the
centerline of Runway 12-30; thence continuing along said centerline of Taxiway
A, N. 06003'56" W. , 40.00 feet; thence leaving Taxiway A, N. 83056'04" W. , 530.96
feet; thence on a 125.00 foot radius curve to the right, through a central angle
of 48054'18", a distance of 106.69 feet; thence N. 35001'46" W. , 215.81 feet;
thence on a 125.00 foot radius curve to the left, through a central angle of
53054'18", a distance of 117.60 feet; thence N. 88056'04" W. , 122.55 feet to the
true point of beginning; thence running the following bearings and distances,
S. 00008'49" E. , 45.00 feet; thence S. 89051'11" W. , 130.00 feet; thence
N. 00008'49" W. , 95.00 feet; thence N. 89051'11" E. , 170.00 feet; thence
S. 00008'49" E. , 23.00 feet; thence N. 80013' 15" W. , 40.61 feet; thence
S. 00008'49" E. , 34.00 feet to the point of beginning; containing 13,130 square
feet.
11A.MIS
E X H I B I T A
S.89'14'56"W. 2000.00' 22"23
2726
im-®-ft-, SEE DETAIL "A" T 31 K R 4 W, MDM
TRUE POINT OF BEGINNING
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L1
SIERRA
PACIFIC Cl
L_1-- W.N.83°56 04 . o
" 530.96 0
DETAIL "A" o
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,13,130�SQ.FT., L2 `� \
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0 OF BEGINNINGLi clq
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LjOo_ L4 0
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cv CURVE DATA z
CURVE RADIUS DELTA LENGTH
C1 125.00' 4554'18' 106.69'
(n C
LINE DATA
UNE DIRECTION DISTANCE O
L1 N3501'48"W 215.81' M
L2 N88'S6'04"W 12255' N
L3 S00'O8'4 E 45.00' Lo Q
L4 S8751'1 10W 130.00' �.
L5 N00'08'49r'W 95.00' W Q
L6 S8W51'11"W 170.00' =co 3
L7 N00'08'49'W 23.00' M
L8 N80'13'15'W 40.61' O
L9 S00'08'49"E 34.00' O
O
N.89'57'56"E. 1129.56' Z
"OLD" AIRPORT ENTRANCE ROAD
D-175 EXHIBIT S - SHASTA UVESTOCK