HomeMy WebLinkAboutReso 91-010 - Approve lease agreement between the COR and State of Calif, acting by and through the director of the Dept of Gen Services, for certain premises at Benton Airport i
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RESOLUTION NO. l� G
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING APPROVING THE LEASE AGREEMENT BETWEEN THE CITY
OF REDDING AND THE STATE OF CALIFORNIA, ACTING BY AND
THROUGH THE DIRECTOR OF THE DEPARTMENT OF GENERAL
SERVICES, FOR CERTAIN PREMISES 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 Lease Agreement between the City of Redding and the
State of California acting by and through the Director of the
Department of General Services, for certain premises at Benton
Airport, a true copy of which is attached hereto.
2 . That the Mayor of the City of Redding is hereby autho-
rized and directed to sign said Lease Agreement on behalf of the
City of Redding, and the City Clerk is hereby authorized and
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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 2nd day of January 1991, and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss & Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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NCY UM,/ ayor
City . f Redding
ATTEST: FORM APPROVED:
ETHEL A. NIC LS, City Clerk
R DALL A. H YS, City Attorney
Project No. 9006098
LEASE AGREEMENT
THIS LEASE, made and entered into this 1st day of July, 1990
by and between City of Redding, a Municipal Corporation and General Law City of
the State of California hereinafter called the Lessor, without distinction as to
number or gender, and the State of California, acting by and through the
Director of the Department of General Services, hereinafter called Lessee;
W I T N E S S E T H:
WHEREAS, LESSOR owns and maintains Benton Airpark, an aircraft facility
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located in the City of Redding, County of Shasta, State of California; and
WHEREAS, LESSEE desires to continue leasing certain premises at said
Airport, and has applied to the City Council of LESSOR for a permit to operate a
base for LESSEE' s Highway Patrol aircraft operations and related offices,
storage and parking purposes at said Airport; and
WHEREAS, the City Council has determined that (1) the proposed aircraft
operations, office, storage and parking activities are compatible with the
j master plan of the Airport; and (2) that the best interests of the public and of
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LESSOR will be served by approval of the application for a permit to conduct
said operations; and
WHEREAS, LESSEE has indicated a willingness and ability to properly
1� keep, maintain and improve said premises in accordance with standards
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established by LESSOR; and
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WHEREAS, LESSEE desires to obtain and avail itself of the
privileges, rights, uses and interest therein and herein; and
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WHEREAS, LESSOR deems it advantageous to itself and to the
operation of said Airport to demise and lease unto LESSEE said
premises, together with said privileges, rights, uses and interest
therein, as hereinafter set forth;
NOW, THEREFORE, IT IS AGREED as .follows:
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1. Term. LESSOR, for and in consideration of the cove-
nants, conditions and agreements herein set forth to be kept and
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j performed by LESSEE, does hereby grant, demise and lease unto
jLESSEE, subject to all the conditions, covenants, terms and
agreements hereinafter set forth, that certain premises in the
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Benton Airpark as depicted in red outline on "Exhibit All for a
- _ 2 ) years
} commencing retroactively from
term of two and one half , 2 , c g
July 1, 1989, and terminating December 31, 1991.
At the end of said term, LESSEE shall have the right of
first refusal as to any lease of such premises negotiated by
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LESSOR with any other party. LESSEE shall also have the right of
first refusal as to any sale of said premises in the event LESSOR -
elects to sell same. These rights of first refusal given to
LESSEE herein, however, shall not be construed as a waiver of
LESSOR' s rights to remove LESSEE for breach of any term or condi-
tion of this Lease Agreement by LESSEE.
2. LESSEE' s Option to Renew Lease. LESSEE shall have one
(1) five ( 5) year option to extend the term of this Lease
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Agreement. Such option shall extend the initial two and one-half (Zi) year term
of this Lease Agreement for an additional five (5) year period, to December 31,
1996. The option shall be exercised by
written notice addressed by LESSEE to LESSOR no less than ninety
( 90) days prior to the expiration of the then current Lease
Agreement term.
d If LESSEE exercises such option, all of the terms of this Lease Agreement
shall remain in full force and effect, with the exception of this clause
covering LESSEE' s option to renew, and, the Lessee shall have the right, after
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the first year of the five year option to terminate this lease with a 30 day
written notice to the Lessor.
3. Rental . LESSEE shall pay LESSOR premises rental for premises
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described herein in accordance with the following provisions:
i a. For the premises, which contain approximately 14,432 square feet,
the yearly fee will be TWO THOUSAND TWENTY DOLLARS AND 48/100
DOLLARS ($2,020.48). Said annual rent shall be payable in twelve
(12) monthly installments of ONE HUNDRED SIXTY-EIGHT DOLLARS AND
37/100 DOLLARS ($168.37) each payable in arrears to LESSOR on the
first day of each and every month, commencing retroactively from
July 1, 1989; and in no event later than the 10th day of each and
every month.
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b. Should LESSEE exercise its option to renew Lease Agreement, the
annual rental for the leased premises described herein shall be
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increased annually by $101.02 ($8.42 monthly) . This increase shall be effective
upon the renewal for the five year option period.
, c. LESSOR is entitled to collect, and LESSEE agrees to pay to LESSOR,
upon invoice, said rentals, fees and charges set forth above. Any
said rentals, fees and charges set forth above. Any said rentals,
fees and charges more than fifty (50) days past due may be subject
to a service charge based on an annual rate of ten percent (10%).
'i Without prejudice to any other remedy which otherwise might be used
1 for non-payment of rent, fees and charges or other breach of this agreement,
if LESSOR is required or elects to pay any sum or sums, or incursany
obligations or expense by reason of a failure, neglect or refusal of LESSEE to
1 perform any one or more of the terms, conditions or covenants of this agreement
or as the result of any act or omission of LESSEE contrary to said terms, con-
ditions or covenants, the sum or sums so paid or the expense so incurred by
LESSOR, including all interest, costs, damages and penalties, may be added,
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after fifty (50) days' notice by LESSOR to LESSEE, to any installment of rent
thereafter due hereunder and each and every part of the same shall be and become
additional rent recoverable by LESSOR in the same manner and with like
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remedies as though it were originally a part of the rent as set
forth hereinabove.
4. Use of Premises. The ground area and improvements
thereon , shall be used by LESSEE as a base of operations for
LESSEE' s Highway Patrol aircraft and related office, storage and
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parking purposes only.
j 5 . Installation and. Improvements. LESSEE has installed
mobile office and storage structures on the premises. Any im-
provements to said structures shall meet the requirements
of
LESSOR, and any expenses incurred in the installation, removal or
relocation of said structures shall be borne by LESSEE. As a
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1 further consideration of this Lease Agreement, LESSEE agrees to
maintain in good and sanitary order at all times all the improve-
ments which are presently installed on or in the leased property
and any improvements which LESSEE installs.
6. Alterations and Additions. LESSEE shall not make any
alterations to or erect any additional structures or improvements
on the leased area without prior written permission of LESSOR.
Any alterations or additions approved by LESSOR shall be con-
structed at the sole expense of LESSEE.
i 7 . Signs. LESSEE shall be privileged to erect such signs
and advertising media and place the same upon the improvements as
may be required, subject to first securing the approval of the
Director of Airports of LESSOR. The Director of Airports shall
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determine whether such advertising media is aesthetically harmoni-
� ous with the said improvements and facilities at the Airport.
8 . Unlawful Use. No building, structure or improvement of
any kind shall be erected, placed upon, operated or maintained on
;I the leased area, nor shall any business or operation be conducted
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in violation of any ordinance,
or carried on therein or thereon
law, statute, bylaw, order or rule of the governmental agencies
having jurisdiction thereover.
9. Waste, Quiet Conduct. LESSEE shall not commit, or
suffer to be committed, any waste upon said area or improvements,
or any nuisance or other act or thing which may disturb the quiet
enjoyment of the use of said Airport or surrounding property.
10 . Trade Fixtures. Any trade fixtures, equipment and
I other property brought, installed or placed by LESSEE in or about
- the leased premises shall be and remain the property of LESSEE
except as otherwise provided herein, and LESSEE shall have the
right at any time during the term hereof to remove any or all of
its property, subject to LESSEE's obligation to repair all damage,
if any, resulting from such removal. Such trade fixtures, equip-
ment and other property of LESSEE shall be removed by LESSEE from
the leased premises upon the expiration or earlier termination of
this Lease Agreement.
11. Hold Harmless Clause. State, to the extent that it may
legally do so and subject to the availability of funds, agrees to
indemnify,
defend and save harmless LESSOR, its agents, officers
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and employees from and against any and all liability, which arises
1 out of the negligence of the State, for expenses, and claims for
damages of any nature whatsoever, including, but not limited to,
{ bodily injury, death, personal injury, or property damage which is
I related to the performance .of this Lease Agreement. -.,
12 . Inspection and Notice. Insofar as the, same may be
necessary for the. protection of LESSOR' s rights, LESSOR or its
agents shall, by prior notice to the LESSEE, have the right to go
' upon and inspect the area and improvements hereby leased and any
a and every structure or improvement erected or constructed or in
the course of being erected or constructed, repaired, added to,
rebuilt or restored thereon.
13 . Assignment or Subletting. LESSEE shall not assign this
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Lease Agreement or any interest therein and shall not sublet the
said premises or any part thereof, or any right or privilege
pertinent thereto, or suffer any . other person (the officers,
agents and employees of LESSEE excepted) to occupy or use the said
premises or any portion thereof without the written consent of
LESSOR first had and obtained; and a consent to one assignment,
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subletting, occupancy or use by another party shall not be deemed
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to be a consent to any subsequent assignment, subletting, occupan-
cy or use by another party. Any such assignment, subletting or
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occupancy without such consent shall be void and shall, at the
!� option of LESSOR, terminate this Lease Agreement. This Lease
Agreement shall not nor shall any interest therein be assigned as
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to the interest of LESSEE by operation of law without the written
consent of LESSOR.
14 . Utilities. LESSEE shall be responsible for the prompt
payment of any utility service charges applicable to the area
leased to it by the provisions of this Lease Agreement, and the
failure to pay these charges promptly shall expressly constitute a
material breach of this Lease Agreement. A City of Redding
electric meter will be installed by LESSEE for the leased premis-
es. In addition thereto, LESSEE shall pay for any and all charges
incurred for telephone service and any and all other utilities
subscribed to by LESSEE which are not expressly leased in the
paragraph entitled "Maintenance and. Operation of Airport" as set
forth hereafter to be provided and paid for by LESSOR.
15. Binding on Assigns and Successors-in-Interest. The
provisions and conditions of this Lease Agreement shall be binding
upon and inure to the benefit . of the assigns and
3 successors-in-interest of the parties hereto.
16 . Maintenance and Operation of Airport. LESSOR will
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properly maintain and operate the Airport for the safe, convenient
and proper use thereof by LESSEE and in accordance with all
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Federal Aviation Administration rules and regulations. _
17. Compliance with Law. LESSEE covenants and agrees to
comply with all statutes, laws, ordinances, regulations, orders,
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judgments, decrees, directions and requirements of LESSOR and of
i all Federal, State, County and City authorities now or hereafter
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applicable to the leased premises and facilities, the commercial
activities conducted therein or thereon, or to any adjoining
tl public ways.
j 18 . Discrimination: LESSEE, in the operation and use of
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Benton Airpark or of its facilities thereon, will not, on the
grounds of race, color, sex or national origin, discriminate or
permit discrimination against any person or group of persons in
any manner prohibited by the United States of America or the State
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of California.
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1 19. 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
Post Office with postage prepaid, certified
in the United States
mail, addressed as follows: To LESSOR c/o Director of Airports,
City Hall, 760 Parkview Avenue, Redding, California 96001-3396;
� and to LESSEE c/o Department of General Services, Office of Real
Estate and Design Services, 400 "P" Street, Suite 3110 ,
Sacramento, California 95814.
20. Revocation of Lease, Permits or License. LESSOR shall
have the right to terminate any lease, permit, license, or agree-
ment (including that of LESSEE herein) covering a commercial or
noncommercial operation and to revoke a lease on any land or
' facility at the Airport (including that of LESSEE herein) for any
cause or reason provided by these standards, by the lease,
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license, or agreement isself, or by law, or upon the happening of the failure of
the operator or licensee to remedy any default, breach or violation of any air-
port rules and regulations by him or his employees within thirty (30) days after
notice from the LESSOR.
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IN WITNESS WHEREOF, the parties hereto have executed this Lease
Agreement as of the day of year first above written.
IN WITNESS WHEREOF, this lease has been executed by the parties hereto as of the
date first above written.
STATE OF CALIFORNIA CITY OF REDDING, a Municipal
Corporation
Approval Recommended:
DEPARTMENT OF GENERAL SERVICES BY:
DESIGN SERVICES MAYOR
' BY: BY:
1 ROB RT M L 0, Real Estate Officer
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APPROVED:
DIRECTOR OF THE DEPARTMENT
OF GENERAL SERVICES BY:
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BY:
A. KENNETH RAYMOND, ARE9 SUPERVISOR
Office of Real Estate and
Design Services
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aTOTAL .LAND----AE�EA ._LEA5ED �Y .S(A�
_ -; 141 432 's FT.. =:.0.332 ACRE
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TRANS.NO.
® ® • • `9006'0015
i • DATE
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