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HomeMy WebLinkAboutReso 92-084 - Approve the lease agreement between the COR and Redding Redevelopment agency for the poriton of Sacramento River Trail located in the Benton Ranch RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING AND THE REDDING REDEVELOPMENT AGENCY FOR THE PORTION OF THE SACRAMENTO RIVER TRAIL LOCATED IN THE BENTON RANCH, AND AUTHORIZING THE VICE-MAYOR TO SIGN SAME i WHEREAS, the Redding Redevelopment Agency is obligated to provide 20% of its Benton Ranch property for park purposes; and iWHEREAS, the Agency wishes to retain certain water rights on the Benton Ranch property; and WHEREAS, the City of Redding has developed trail improvements on a portion of the Agency-owned Benton Ranch property along the Sacramento River; and WHEREAS, the public usage of the trail improvements would fulfill a portion of the Agency's park obligations; and WHEREAS, the Agency has agreed to lease to the City the portion of the Benton Ranch containing the trail improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding as follows: I 1. The Lease Agreement between the City of Redding and the Redding Redevelopment Agency is hereby approved. 2. The Vice-Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents on behalf of the City of Redding and the City Clerk is hereby authorized and directed to attest the signature of the Vice- Mayor and to impress the official seal of the City of Redding on the aforesaid documents. 3. A true copy of the Lease Agreement referred to herein is attached hereto and made a part hereof. 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 3rd day of March, 1992, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Carter, Fulton & Moss; NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dah ABSTAIN: COUNCIL MEMBERS: No e ! C S, Vice-Mayor 'I ATYST: 9 City of Redding I - i CONNIE STR HMAYER, Ity Clerk FORM APPROVED: R NDALL A. H Y , City Attorney \j\reso-rvr.ac I 1 LEASE AGREEMENT i i� THIS LEASE AGREEMENT is made and entered into this day of March, 1992, by and between the REDDING REDEVELOPMENT AGENCY, a public body, hereinafter referred to as "Lessor," and the CITY OF REDDING, a Municipal Corporation and General Law City, hereinafter referred to as "Lessee", i WITNESSETH: a WHEREAS, Lessor owns certain land and premises along the Sacramento River, located in the City of Redding, County of Shasta, and; WHEREAS, Lessee has completed certain improvements on said land, specifically a twelve (12) foot wide multi-use trail running approximately 4,028.86 lineal feet and connecting to the Lessee-owned Sacramento River Trail to the north. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. Term. Lessor, for and in consideration of the covenants, conditions, and agreements herein set forth to be kept and performed by Lessee, .i does hereby grant, demise, and lease unto Lessee, subject to all of the conditions, covenants, terms, and agreements hereinafter set forth, approximately 30 acres along the Sacramento River shown as cross hatched area in Exhibit "A" and described in Exhibit "B" attached hereto and incorporated herein by reference (hereinafter called "Premises") for a term of 20 years commencing on the date this Lease Agreement is executed by the Agency. 2. Rent and Other Charges. A. The initial monthly rent to be paid by Lessee to Lessor under this Lease Agreement shall be One Dollar ($1.00) . Said rent shall be payable in advance on the first day of each and every month during the term of this Lease Agreement. B. Rent and other charges called for in this Lease Agreement shall be payable monthly, in advance. Lessor is entitled to collect from Lessee, and Lessee agrees to pay to Lessor, upon invoice, any rentals, fees, and charges set forth herein. Any rentals, fees, and charges more than thirty (30) days past due shall be subject to a service charge of one and one-half percent (12%) per month, based on an annual rate of eighteen percent (18%) . Without prejudice to any other remedy which otherwise might be used for non-payment of rent, fees, 1 I and charges, or other breach of this Lease, 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, 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. Taxes. A. Lessee shall pay promptly any taxes assessed against its personal property, and any possessory interest tax levied by reason of its " occupancy of the subject Premises and the improvements constructed thereon. i B. Lessee covenants and agrees to pay any and all taxes which may be levied and assessed against the leased Premises, in addition to the rental payments herein provided. Lessor represents that the subject property is currently exempt from taxation. Lessor shall not resist Lessee's challenge of nor appeal of property tax assessments or valuations. Any property taxes payable i for the current year shall be prorated as of the date on which this Lease Agreement term commences. 4. Use of Premises. The Premises shall be used by Lessee for recreational activities associated with the general public's use of the Sacramento River Trail and for no other purpose. Any and all activities generally permitted along the other portions of the Sacramento River Trail shall be allowed on the leased Premises, but not to the extent of constructing buildings, excluding a restroom connected to the City's sewer system. No activities shall be conducted or carried on within the demised Premises in violation of any ordinance, law, statute, bylaw, order, or rule of any governmental agency having jurisdiction thereover. 5. 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 ;I leased Premises. The judgment of any Court of competent jurisdiction or the admission of Lessee in any action or proceeding against Lessee, whether Lessor be a party thereto or not, that Lessee has violated any such ordinance or statute 2 i in the use of the premises shall be conclusive of the fact as between Lessor and Lessee and shall subject this Lease Agreement to immediate termination at the option of Lessor. 6. Services to the Public. Lessee shall make access to the trail on the leased Premises available without discrimination as to race, color, creed, religion, sex, age, or national origin, and shall refrain from imposing or levying !i excessively discriminatory or otherwise unreasonable rules, charges, or fees for any use of its facilities or activities; provided, however, that Lessee shall have j the privilege to refuse admittance to any person or persons for just cause. 7. Waste; Quiet Conduct. Lessee shall not commit nor suffer to be h committed any waste upon said Premises, nor any nuisance or other act or thing which may disturb the quiet enjoyment of any other occupant or use of Lessor's adjoining Premises. 8. Maintenance. I A. By entry hereunder, Lessee accepts the Premises as being in good condition and repair, and shall, upon termination of this Lease Agreement or earlier cancellation thereof, leave said Premises in as good a condition and repair as the same are now, reasonable use and wear thereof excepted. B. Lessee shall at all times keep the improvements in a safe, clean, neat, and sanitary condition, and shall comply with all laws, ordinances, and regulations pertaining to health and safety. 'i C. Lessee shall be responsible for all maintenance of the trail improvements, including resurfacing if and when necessary, safety striping, signage, and removal of weeds or other debris on or along the trail. I D. Lessee shall provide regular refuse collection services on the leased Premises to maintain the improvements in a neat and clean condition at all times. E. Lessee shall prevent any overnight camping on the premises. F. Lessee shall seek to preserve and set aside from digging, removal of dirt or vegetation from archaeological sites within the leased area. i 'i 9. Public Safety; Theft; Burglary; or Vandalism. Lessor will not be liable in any manner for any loss, injury, or damage incurred by Lessee or the general public who may at any time be using, occupying, or visiting the Premises from acts of theft, burglary, or vandalism committed by either identified or 3 unidentified parties, except for personal acts of Lessor where the acts are committed against the demised Premises. Lessee will be responsible for all expenditures relating to arranging any security precautions that Lessee deems necessary for the safety of the ,) general public, property of Lessee located on the demised Premises, or remaining property of Lessor north of the leased area. i �I 10. Improvements; Alterations. A. Lessee shall not make or permit anyone to make any alterations, additions, or improvements, structural or otherwise, to the Premises without the prior written consent of Lessor. When granting its consent, Lessor may impose any conditions it deems appropriate, including, without limitation, the i approval of plans and specifications and obtaining of specified insurance. As a condition precedent to such written consent of Lessor, Lessee agrees to obtain and deliver to Lessor written and unconditional waivers of mechanics' and materialmen's liens upon the land of which the Premises are a part, for all work, labor, and services to be performed and materials to be furnished by them in connection with such work, signed by all contractors, subcontractors, materialmen, and laborers to be involved in such work. I If, notwithstanding the foregoing, any mechanics' or materialmen's lien is filed against the Premises for which work is claimed to have been done or !� materials claimed to have been furnished to Lessee, such lien shall be discharged by Lessee within ten (10) days thereafter, at Lessee's sole cost and expense, by 'I the payment thereof or by filing any bond required by law. If Lessee shall fail to discharge any such mechanics' or materialmen's lien, Lessor may, at its option, discharge the same and treat the cost thereof as additional rent payable with the monthly installment of rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by Lessor shall not be deemed to waive or release the default of Lessee in not discharging the same. It is understood and agreed by Lessor and Lessee that any alterations, additions, or improvements shall be constructed on behalf of Lessee; and that in the event Lessor gives its written consent to Lessee making any such alterations, additions, or improvements, such written consent shall not be deemed to be an agreement or consent by Lessor to subject Lessor's interest in the Premises to any mechanics' or materialmen's liens which may be filed in respect to any such work done by or on behalf of Lessee. B. All alterations, additions, or improvements, upon the Premises (whether with or without the prior written consent of Lessor) shall, at the election of Lessor, remain upon the Premises and become the property of Lessor 4 i� i 1 ' and be surrendered with the Premises at the expiration or termination of this Lease Agreement without disturbance, molestation, or injury. Should Lessor elect that alterations, additions, or improvements made by Lessee upon the Premises, may be removed upon expiration or termination of this Lease Agreement, Lessee hereby agrees to cause same to be removed at Lessee's sole i cost and expense. Should Lessee fail to remove the same, Lessor may cause same 1 to be removed at Lessee's expense, and Lessee hereby agrees to reimburse Lessor for the cost of such removal, together with any and all damages which Lessor may suffer and sustain by reason of the failure of Lessee to remove the same. C. Lessee shall indemnify and hold Lessor harmless from and against any and all expenses, liens, claims, or damages to persons or property which arise directly or indirectly by reason of the making of any such alterations, additions, or improvements. If any such work is done without the prior written consent of Lessor, Lessor may correct or remove the same, and Lessee shall be liable for any and all expenses incurred by Lessor in the performance of this work. All alterations, additions, or improvements to the Premises made by either i party shall immediately become the property of Lessor, and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or termination of the term hereof without disturbance, molestation, or injury; provided, however, that if Lessee is not in default in the performance of any of its obligations under this Lease Agreement, Lessee shall have the right to remove, prior to expiration of the term hereof, all movable signage or equipment installed on the Premises at the expense of Lessee. If such property of Lessee is not removed by Lessee prior to the expiration or termination of this Lease Agreement, the same shall become the property of Lessor and shall be surrendered with the Premises as a part thereof. 11. Signs. All signs erected on the Premises shall be consistent with those located along the remainder of the Sacramento River Trail. i 12. Hold Harmless; Insurance. This Lease Agreement is granted upon the express condition that Lessor, its officers, agents, and employees, shall be free from any and all liability and claims for damages for personal injury, death, or property damage in any way connected with Lessee's use of the Premises hereunder leased, including claims of Lessee, its officers, agents, employees, invitees, or the general public who may at any time be using or occupying or visiting the Premises. Lessee shall indemnify and save harmless Lessor, its officers, agents and employees, 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 negligence or other legal fault of Lessee or its officers, agents, employees, or invitees. 5 i it 13. Assignment or Subletting. Lessee shall not assign this Lease Agree- ment or any interest therein, and shall not sublet the Premises or any part there- of, nor any right or privilege pertinent thereto, without the written consent of I Lessor first had and obtained. A consent by Lessor to one assignment or sublett- ing by another party shall not be deemed to be a consent to any subsequent assignment or subletting by the same or another party. Any such assignment or subletting 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. 14. Inspection and Notice. Insofar as the same may be necessary for the protection of Lessor's rights, Lessor or its agents shall at any and all times have the right to go upon and inspect the ground area and improvements hereby Leased and any and every structure or improvement erected or constructed or in jthe course of being erected or constructed, repaired, added to, rebuilt, or restored thereon; and also to serve, or to post and keep posted thereon, or on any part thereof, any notices provided in Section 1183.1 of the Code of Civil Procedure of the State of California, or any other section of the Code of Civil Procedure of the State of California, or any other notice or notices that may at any time be required or permitted by law. ,I 15. Material Breach. Upon written notice from Lessor to Lessee that Lessee is committing a material breach of a term, covenant, or condition of this Lease Agreement, Lessee shall forthwith cure such breach. In the event that Lessee has not cured such breach within thirty (30) days following the date of mailing such written notice thereof to Lessee by Lessor, Lessor shall have the right to enter and take over the demised Premises and exclude Lessee therefrom. i 16. Waiver. No delay or failure by any party to exercise any right, power, or remedy with regard to any breach or default by such party under this Lease Agreement, or to insist upon strict performance of any- of the provisions hereof, shall impair any right, power, or remedy of such party, and shall not be construed to be a waiver of any breach or default of the same or any other provision of this Agreement. The waiver by Lessor of any breach or default of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition, or any subsequent breach of the same, or any other term, covenant, or condition herein contained. 17. Default. If Lessee shall be in arrears in the payment of rent _for thirty (30) days or more, or if the transfer or assignment, voluntarily or involuntarily, of this Lease Agreement or any interest therein is attempted, except as herein provided, or if Lessee violates or neglects or fails to keep, observe, and perform any of the covenants, promises, or conditions herein 6 i 'I contained which are on its part to be kept, observed, and performed, Lessor may, at its election, give Lessee written notice of such default. If such default shall continue for sixty (60) days, and Lessee has failed to commence good faith efforts to cure such default within said period, Lessor shall have the right at any 1 time thereafter and while such neglect or default continues to enter into or upon said Premises, or any part thereof, and repossess the same, including all improvements thereon, and expel Lessee and those claiming under Lessee, and remove their effects, forcibly if necessary, without prejudice to any remedies which might otherwise be invoked by Lessor. 18. Eminent Domain. In the event the entire Premises shall be appro- priated or taken under the power of eminent domain by any public or quasi-public 'j 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 i accruing hereunder. In the event a portion of the Premises is taken under the power of eminent domain by any public or quasi-public authority, such that the improvements thereon cannot, in Lessee's opinion, be used for its intended purposes, Lessee shall have the right to terminate this Lease Agreement as of the date Lessee is required to vacate a portion of the Premises, upon the giving of notice in writing of such election within thirty (30) days after said Premises have j been so appropriated or taken. In the event of such termination, both Lessor and J Lessee shall thereupon be released from any liability thereafter accruing hereunder. Lessor agrees, immediately after learning of any appropriation or taking, to give Lessee notice thereof in writing. i If this Lease Agreement is terminated in the manner hereinabove provided, Lessor shall be entitled to the entire award or compensation for the land in such proceedings, but the rent and other charges for the last month of Lessee's occupancy shall be prorated and Lessor agrees to refund to Lessee any unused portion of said rent or other charges paid in advance. Lessee's right to receive compensation or damages for its improvements, fixtures, personal property, and for the moving or relocation expenses shall not be affected in any manner hereby, and Lessee reserves the right to bring an action for such compensation or damages, including loss of business, leasehold interest, and i other reasonable damages. 19. Bankruptcy or Insolvency. 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 7 i I 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 j Agreement, and re-enter the property and take possession thereof. In no event shall this Lease Agreement be deemed an asset of Lessee after adjudication in bankruptcy. i 20. Cancellation. This Lease Agreement may be canceled by either party il. at any time during the term of this Lease Agreement upon giving proper written notice six (6) months in advance of such cancellation. 21. Surrender. At the termination of this Lease Agreement by lapse of time or otherwise, Lessee shall surrender possession of the Premises to Lessor and return the Premises in as good a condition as when Lessee originally took possession, ordinary wear and tear excepted, failing which Lessor may restore the Premises to such condition and Lessee shall pay the cost thereof to Lessor on demand. 22. Administration by Lessor. Whenever Lessee is required to secure the approval or consent of Lessor under this Lease Agreement, "Lessor" shall mean the Secretary of the Redding Redevelopment Agency. However, at the option of the Secretary of Lessor, or the Lessee, any such questions may be referred to the Redding Redevelopment Agency, whose decision thereon shall be final. d 23. Entire 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 in writing. P 24. Invalid Provisions. In the event any 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 covenant, condition, or provision herein contained, provided that the validity of any such covenant, condition, or provision does not materially prejudice either Lessor or Lessee in its respective rights and obligations contained in the valid covenants, conditions, and provisions of this Agreement. 25. Notice. 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 Post Office with postage prepaid, certified mail, addressed as follows: To Lessor c/o Secretary of the Redding 8 I i Redevelopment Agency, City Hall, 760 Parkview Avenue, Redding, California 96001-3396; and to Lessee c/o City Manager, City Hall, Post Office Box 496071, Redding, California 96049-6071. 26. Attorney'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. 27. Binding on Successors. All terms, covenants, and conditions herein I contained shall extend to and bind the successors and assigns of the respective parties hereto. 28. Time of Essence. Time is of the essence of this Lease Agreement and of each and every provision thereof. 29. CEQA. It has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act. 30. Subdivision Map Act. In the event this Lease Agreement is deemed a subdivision under the Subdivision Map Act, the Lessee shall be responsible. I 31. Postin . Lessee shall post signs at entrance to trail to prohibit smoking, shooting, dogs, motorcycles, camping and other like activities that could impact the balance of Lessor's property. 32. Mineral and Riparian Water Rights. Entering into this Agreement shall not diminish the Lessor's riparian water rights or mineral rights in the leased area. These attributes remain with the Lessor. 33. Water and Storm Drain Lines. Lessor reserves the right to extend storm drain lines to the River through the Leased Premises or to extend water lines across the Leased Premises from the River to the balance of its property. .i 34. Park Requirements. Lessee acknowledges and accepts this Lease Agreement with the understanding that it is partial fulfillment of a deed restriction on Lessor's property that requires approximately twenty percent (20%) of Lessor's property be used for park purposes. 35. Future Connection. The Lessor reserves the right to connect to or provide access to the trail improvements on the Leased Premises from the Lessor's property subject to review by Lessee. Any connection shall be of construction equal to or better than the existing trail unless waived by Lessee. 9 i i IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement in the presence of their respective officers duly authorized in that behalf on the day and year set forth above. REDDING REDEVELOPMENT AGENCY By: CHARLIE MOSS, Chairman i CITY OF REDDING By: j CHARLIE MOSS, Vice-Mayor ATTEST: PHILLIP A. PERRY, Secretary ii FORM APPROVED: RA DALL A. HAYS, Ci Attorney AA:\TRLEASE.AGR i i I i I i I 10 EXHIBIT A ro Dtz- I / I m av is sr� DETAIL A Z I i D % s •\ .i M ' °'g D Saw r. Ub s r I srs UL i O CIL I I s QL $ Ij� EXHIBIT "B" i j TRAIL AT BENTON RANCH All that certain real property lying Southerly of the following described line: COMMENCING at the most Easterly corner as described in the deed to Riverside Park, recorded July 6, 1966 in Book 886 Official Records of Shasta County, at page 631; thence North 72040150" West 489.07 feet thence North 38007' East, 64.18 feet to the point of beginning; i Thence running the following bearings and distances: South 72040'50" East, 225.61 feet; thence East, 141.03 feet to the point of termination on the Westerly boundary of that certain parcel described in Book 1721, page 65, Official Records of Shasta County. Also, all that certain real property lying Easterly and Southerly and Westerly of the following described line, as shown on the attached j maps. Commencing at the previously described point of termination, thence South 300 West 14.85 feet on and along the West boundary of the above described parcel (1721 OR 65) ; thence South 34° East, 140.00 feet; thence South 17°19'10" West, 328.29 feet to the Southwest corner of said parcel; thence South 17°19'10" West, 96.71 feet to the Sacramento River, the point of beginning. Thence running the following bearings and distances: North 17°19'10" East, 96.71 feet; thence North 82030'00" East, 189.35 feet; thence North, 393.32 feet; thence East, 1389.60 feet; thence South, 125.89 feet; thence North 80031'07" East, 385.74 feet; thence North 35°45'56" East, 236.57 feet; thence East, 79.76 feet; thence South 36035116" East, 152.25 feet; thence South 85°01'51" East, 1218.14 feet; thence North 66032'16" East, 440.91 feet to the point of termination on the West boundary of that certain parcel described in Book 808, page 43, Official Records of Shasta County. i