HomeMy WebLinkAboutReso 91-211 - Approve & Authorize the mayor to execute the lease effective 04/20/91 between COR and Alton Chatham for pasture land on Riverside Dr RESOLUTION NO. jl1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE LEASE
EFFECTIVE APRIL 20, 1991, BETWEEN THE CITY OF REDDING AND
ALTON O. CHATHAM FOR PASTURE LAND ON RIVERSIDE DRIVE.
! 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 above-mentioned Lease between the City of Redding and
Alton O. Chatham, a true copy of which is attached hereto and
incorporated herein.
2. That the Mayor of the City of Redding is hereby authorized
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and directed to sign said 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 thereto.
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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 21st day of 114Y 1991, and was duly adopted at
said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Fulton, Moss & Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None
NANCY UFFUM; ayor
City` of Redding
ATTEST: FORM AlaAlOVED '
ETHEL A. NICHOLS, City Clerk RAN ALL A. HAYS, City Attorney
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L EAS E
THIS LEASE is made and entered into, effective April 20,
1991 , by and between the CITY OF REDDING, a Municipal Corporation
and General Law City, hereinafter referred to as "Lessor," and
ALTON O. CHATHAM of 2624 Freebridge Street, Redding, California
96001, hereinafter referred to as "Lessee" :
W I T N E S S E T H:
WHEREAS, for many years Lessee has occupied certain parcels
of City-owned property, and has continued to keep all the terms
and conditions of his Leases with City; and
WHEREAS, Lessee now wishes to lease a parcel of City-owned
property located on Riverside Drive (formerly under lease to
Harry W. Scott) ; and
WHEREAS, it has been determined that this matter is
categorically exempt from the provisions of the California
Environmental Quality Act;
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD, STIPULATED, and
AGREED by and between the parties hereto as follows:
1 . That for and in consideration of the terms, covenants,
conditions, and agreements herein contained, Lessor does hereby
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lease, demise, and let unto Lessee all that certain real property
depicted in Exhibit "A" attached hereto and made a part hereof by
reference, and described as follows:
A portion of that certain parcel of land described in Book
1250 at page 651 of the Official Records of Shasta County
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lying easterly of the east property line of the Southern
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Pacific Railroad Right-of-Way (hereinafter called
"Premises" ) ;
for a period of one ( 1) year commencing April 20, 1991, and
terminating April 19 , 1992.
2. No rental shall be paid under this Lease, the
i consideration being Lessee' s maintenance of the Premises as set
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forth herein.
3 . The Premises shall be used solely for pasturing cattle
and/or horses, and other activities incidental to such
operations .
4 . Lessee, in carrying on and conducting his activities on
the Premises, shall comply with and conform to all laws,
ordinances , and regulations governing the conduct of such
` activities .
5 . It is expressly covenanted and agreed that:
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j A. Lessee has inspected the Premises and accepts them in an "as
is" condition. Any and all maintenance of the demised
Premises, other than the 15 H.P. electric water pump known
as the Diestelhorst ACID pump
which Lessor shall maintain
and supply the electricity for, shall be at the sole cost
and expense of Lessee.
B. If Lessee desires to make any improvements or alterations on
the Premises, Lessee covenants and agrees that he will first
obtain the consent in writing of Lessor as to any such
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improvement or alteration.
i C. Lessee expressly agrees that he will maintain any and all
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fences required to hold his cattle and/or horses within the
pasture herein let and demised unto him.
D. Lessee further agrees to leave the Premises in a good and
clean condition at the termination of this Lease, or any
j extension thereof.
6 . Lessee shall perform the actual irrigation as necessary
to maintain the pasture on the demised property.
7 . Lessee shall furnish, at his expense, all fertilizer
that is required to maintain said pasture; and Lessor shall
furnish the labor and equipment to spread such fertilizer.
j 8 . Lessor shall pay all taxes and special assessments
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assessed against the land and existing improvements. Lessee
shall pay any and all possessory interest taxes levied against
the property by reason of his use and/or occupancy of the demised
Premises.
9 . Lessee agrees that he will not commit any waste on the
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Premises, nor any public or private nuisance thereon.
10. Lessee expressly agrees to hold Lessor, its officers,
agents , and employees, harmless from any and all claims and
demands for damages arising out of injury to Lessee' s person or
property, or to the person or property of his agents and
employees, or to the person or property of any third person or
i persons, resulting from any accident, occurrence, act, or
omission relating to Lessee' s operations on the Premises let and
demised unto Lessee herein; and in this consideration Lessee
expressly covenants and agrees to keep in good repair and
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maintain the fences around the entire perimeter of any portion of
the demised Premises which Lessee uses for pasturing cattle
and/or horses.
11. It is understood and agreed as a condition of this
Lease that Lessee shall, at his own expense, obtain and keep in
full force and effect public liability insurance in the minimum
amounts of $300,000.00 for injury to one person, $500,000.00 for
any one accident, and $50,000.00 for property damage, and shall
name Lessor, its officers, agents, and employees, as additional
insured, and shall further contain a provision obligating the
insurance carrier to notify Lessor in writing at least ten ( 10)
days prior to any cancellation or reduction of such insurance. A
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Certificate of Insurance evidencing such coverage and notice
requirement shall be approved by the Risk Manager of Lessor and
filed with him prior to the first usage of the Premises under
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I this Lease.
12. Lessor or its agents shall have the right, on
reasonable occasions, to enter any part of the Premises to
inspect the condition thereof.
13 . Lessor shall have the right to post notices on said
Premises of non-liability under and pursuant to the laws of the
State of California for any work done on the Premises, and Lessee
agrees to notify Lessor in writing immediately that any work at
any time is commenced on the Premises.
14. Subject to the restrictions and reservations herein
contained, Lessee, performing the terms, covenants, conditions,
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and agreements herein specified, shall and may peaceably and
quietly hold and enjoy the Premises for the term aforesaid; but
if default should be made in any of the terms, covenants,
conditions , or agreements herein contained on the part of 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 a result of such breach.
15. Lessee shall not, without the previous consent in
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iwriting of Lessor, assign this Lease or any interest therein, nor
underlet or sublet the whole or any part of the Premises. Any
purported assignment, either direct or by operation of law or
under or in pursuance of any order, judgment, decree, or process
of any Court, shall be wholly void and shall, at the option of
Lessor, work a forfeiture of this Lease. 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
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without consent shall continue in force as against any assignee.
16. If Lessee should default as to any term, covenant,
condition, or agreement herein contained, and Lessor having
I knowledge thereof should not take advantage of same, such failure
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on Lessor' s part shall not be construed as a waiver of such term,
covenant, condition, or agreement, and the right of termination
shall remain in full force and effect unless expressly waived in
writing, nor shall the right to give or withhold consent in any
case be deemed- to be waived- on account of a prior waiver thereof .
17 . This Lease shall be deemed to be terminated forthwith
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on the failure of Lessee to comply with any lawful notices given
by Lessor to pay rent or quit the Premises, and Lessee hereby
agrees that he or any mortgagee of the term or any person
interested in continuance of the term shall never make appli-
cation for relief under Section 1179 of the Code of Civil
Procedure of the State of California.
18. Should Lessor be compelled to resort to legal action to
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obtain possession or to enforce any of the covenants of this
Lease, Lessee shall pay reasonable attorney fees therefor and all
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iother damages which Lessor may suffer.
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19. If Lessee should be adjudged bankrupt, either by
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voluntary or involuntary proceedings, or if Lessee should
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discontinue business or fail in business, or abandon or vacate
the Premises, or make an assignment for the benefit of creditors,
or if the herein Premises 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 the Premises , Lessor shall have
the option to forthwith terminate this Lease and reenter the
demised Premises and take possession thereof . In no event shall
' this Lease be deemed an asset of Lessee after adjudication in
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bankruptcy.
20. 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
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! deposited in the United States mail, postage prepaid, certified
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mail, addressed as follows: to Lessor c/o Director of Recreation
and Parks, 760 Parkview Avenue, Redding, California 96001; and to
Lessee at 2624 Freebridge Street, Redding, California 96001.
21. Either party may terminate this Lease by giving ninety
(90) days advance notice in writing to the other party hereto.
In this connection, it is covenanted and agreed that if this
Lease is cancelled by either party pursuant to this paragraph,
there shall be no obligation upon Lessor to save and protect or
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conserve any crop or crops growing upon the demised Premises
which have been planted thereon by Lessee, but that it shall be
the obligation of Lessee to harvest said crop or crops by the
date of cancellation or to abandon said crop or crops. Lessee
shall remove any and all other improvements or personal property
of Lessee from the Premises on or before said date of
cancellation.
22. This Lease shall continue in full force and effect
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until the 19th day of April, 1992, and thereafter from year-to-
year on an automatic renewal basis, unless written notice of any
change in the terms hereof or of termination shall be given by
either party ninety (90) days prior to said change or
termination.
23. The terms, covenants, conditions, and agreements herein
contained shall inure to the benefit of and be binding upon the
heirs, executors, personal representatives, administrators,
successors, and assigns of the respective parties hereto.
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24. Time is of the essence of this Lease and of each and
every provision thereof .
IN WITNESS WHEREOF, the parties hereto have hereunto
executed this Lease the day and year set forth below.
CITY OF REDDING, Lessor
DATE : May 1991 By:
NANCY BUFFUM, Mayor
DATE : April 25, 1991
ALTON O. CHATHAM, Lessee
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ATTEST:
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ETHEL A. NICHOLS, City Clerk
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ATTEST•
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j RANDALL HAYS, City Attorney
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