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HomeMy WebLinkAboutReso 1990-328 - Approving the lease between the city of redding and glenn E. • 414 RESOLUTION NO. 9 62 - 2,? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LEASE BETWEEN THE CITY OF REDDING AND GLENN E. HAWES FOR 300 ACRES OF FARM LAND NEAR REDDING MUNICIPAL AIRPORT, EFFECTIVE JUNE 1 , 1990 , AND AUTHORIZING THE MAYOR TO SIGN. 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 between the City of Redding and Glenn E. Hawes for 300 acres of farm land near the Redding Municipal Airport, effective June 1 , 1990 , a true copy of which is attached hereto and incorporated herein by reference. 2 . That the Mayor of the City of Redding is hereby authorized 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. 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 July , 1990 , and was duly adopted at said meeting by the following vote: AYES : COUNCIL MEMBERS : Arness, Dahl , Ful ton, Moss, Buffum NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None C-2 ►. ANC, UFFUM, .ayor City of Redding ATTEST: /"�j j�� FOR APPROVED: e1 ETHEL A. NICHOLS , City Clerk RA DALL A. HAYS , City Attorney I„ � F` I.. LEASE THIS LEASE is made and entered into effective the 1st day of June, 1990 , by and between the CITY OF REDDING, a Municipal Corporation organized under the general laws of the State of California, hereinafter referred to as "Lessor, " and GLENN E. HAWES , of Dersch Road, Anderson, California 96007 , hereinafter referred to as "Lessee" : 1,1` WITNESSETH: That for and in consideration of the rents, covenants, i conditions, and agreements contained in this Lease, Lessor hereby leases , demises, and lets unto Lessee that certain real property (the "Premises") depicted in Exhibit "A" attached hereto and incorporated herein by reference. ' IT IS MUTUALLY UNDERSTOOD, STIPULATED, and AGREED by and between the parties hereto as follows: 1 . This Lease shall be for a period of three (3) years commencing June 1 , 1990 , to and including May 31 , 1993 . Provided Lessee is not in default hereunder, Lessee shall have two three-year options to extend the term of this Lease. Such options shall extend the initial 6/1/90 through 5/31/93 term of this Lease for two additional three-year periods, to May 31 , 1996 , and May 31 , 1999 , respectively. The option(s) shall be exercised by written notice addressed by Lessee to Lessor no less than thirty (30) days prior to the expiration of the then current II' Imp 4111 Lease term. If Lessee exercises such option(s) , all of the terms, covenants, conditions, and agreements contained in this Lease shall remain in full force and effect, with the exception of the right of Lessee to renew this Lease beyond May 31 , 1999 . ' I In addition, the annual rental fees and insurance requirements 'SII are to be reevaluated every three years. 2 . The Premises are to be used by Lessee solely for the f ' purpose of growing lawful crops and for agricultural activities incidental to growing such crops . As stated above, the Premises to be used for this purpose are shown on Exhibit "A" attached hereto, comprising of a total of 300 acres. I , 3 . As part of the consideration for this Lease, Lessee shall keep the entire acreage free of excess vegetation and manzanita during the term of this Lease. Lessee may farm all or varying portions of the total acreage each year during the term of this Lease , and shall pay to Lessor a rental of Five Dollars ($5 . 00) per acre per year for the portions of this acreage which he actually farms; provided, however, that Lessee shall farm a minimum of 140 acres per year and pay Lessor a rental for said 140 acres of $800 .00 per year, payable in advance. 4 . Ab fuflher consideration, Leasee will pay an additio• - 1 rental charge - Fifty Dollars ($50 . 00) per ye- •r the pole- type barn and storage gra' - 'ins lo - - • on two acres designated by the Director of Air.. , said ren - o be paid in advance on A ' June 1st • -ach year during the term of this - se, or any enewal thereof. At -the termination Mt --t#iis--Lcasc--(or -a "" i,!'4-2- r • _ . . . '+''-tom _-- - ji Eg I 5 . Portions of the leasehold area are within the area i required for future taxiways, runways , and aircraft apron, and at 1 the option of Lessor may be removed from the leasehold when required for such future development as contemplated by the Airport Master Plan. At such time, the rental for said leasehold will be reduced accordingly. 6 . If the subject Premises, or any part thereof, are required for Municipal Airport use, this Lease, or a portion of 1i the leasehold, may be cancelled by Lessor at any time during the term hereof upon giving Lessee six (6) months' advance notice in writing of such cancellation. 7 . Subject to the restrictions and reservations herein contained, Lessee , in paying the annual rents and performing the covenants herein specified, shall and may peaceably and quietly hold and enjoy said Premises for the term aforesaid; but if any rent be due and unpaid, or if default should be made in any of the 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 the result of such breach. 8 . If Lessee should default as to any of the covenants, conditions, and agreements herein contained, and Lessor, having knowledge of such breach, shall not take advantage of the same, -3- such failure on Lessor' s part shall not be construed as a waiver it of such covenants, conditions , or agreements, 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. 9 . Lessee, in carrying on and conducting business upon said Premises, shall comply with and conform to all laws, ordinances, and regulations governing the conduct of such business. 10 . Lessor or its agents shall have the right, on reasonable occasions, to enter onto any part of the demised f Premises to ascertain and inspect the condition thereof. 11 . Lessee shall pay the cost of any extensions required to serve said leased Premises with any utilities, and, in addition thereto, shall pay the cost for any utility service that is furnished to him at said Premises. I 12 . This Lease shall be deemed forthwith terminated on the i', failure of Lessee to comply with any lawful notice given by I Lessor to pay rent or to quit the demised Premises, and Lessee hereby agrees that he , or any mortgagee of the term, or any person interested in the continuance of the term, shall never make application for relief under Section 1179 of the Code of Civil Procedure of the State of California. 13 . Time is of the essence of this Lease and of each and every provision thereof: ------- Lj 2 -4- 'r • • 14 . Should Lessor be compelled to resort to legal action to obtain possession or to enforce any of the covenants of this Lease, Lessee shall pay reasonable attorney' s fees and costs therefor and all other damages which Lessor may suffer. 15 . Any notices or demands that may be given by either party hereunder, including notice of default, notice of termi- nation, notice of change in the annual rental fees due hereunder (to be reevaluated every three years) , or change in the insurance requirements, 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 mail with postage prepaid, certified mail, addressed as follows: to Lessor c/o Director of Airports, 760 Parkview Avenue, Redding, California 96001-3396 , and to Lessee at Dersch Road, Anderson, California 96007 . 16 . Lessee has inspected the Premises and accepts the same in an "as is" condition. Lessee expressly holds Lessor, its officers, agents , and employees , harmless from any and all liability whatsoever to any persons, including Lessee, his agents and employees , for personal injury or property damage occurring as the product of trespass, or coming upon the demised property by any animals belonging to a person or persons other than Lessor; and Lessee expressly waives any claim for damages against Lessor arising out of any entrance upon the demised Premises of the animals of others , including animals belonging to other lessees of Lessor, occurring as a result of the existing condition of the fences around the demised Premises or otherwise. -5- If ' l 17 . Lessee also expressly waives any claim for damages done to his crop as a result of Airport operations in the area, expressly the taking off and landing of aircraft. 18 . This Lease is granted upon the express condition that City shall be free from any and all liability and claims for damages forpersonalinjury, death, or property damage in any way connected with Lessee' s use of the Premises hereunder leased, including claims of Lessee, his agents and employees. Lessee shall indemnify and save harmless City, 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 his agents or employees. 19 . It is understood and agreed as a condition of this Lease that Lessee shall, at his own expense, protect himself and Lessor, its officers, agents, and employees , from any and all liability whatsoever to any persons resulting from the operation and maintenance of said leased Premises by Lessee and the conduct of any activities in the operation of these Premises; and shall obtain and keep in full force and effect comprehensive general liability insurance in the amount of $500 ,000 .00 combined single limits , which shall name Lessor, its officers, agents, and employees, as additional insureds, and shall further contain a Ii 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 Certificate of Insurance -6- S 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 demised Premises under this Lease. I 20 . If Lessee shall be adjudged bankrupt, either by voluntary or involuntary proceedings, or if Lessee should discontinue business or fail in business, or abandon or vacate said Premises, or make an assignment for the benefit of creditors, or said demised Premises should come into possession and control of any trustee in bankruptcy, or if a receiver should be appointed in any action or proceeding with power to take charge, possession, control, or care of said demised property, Lessor shall have the option to forthwith terminate this Lease and to reenter the demised Premises and take possession thereof. In no event shall this Lease be deemed an asset of Lessee after adjudication in bankruptcy. 21 . Lessee shall not, without the previous consent in writing of Lessor, assign this Lease or any interest therein, nor underlet or sublet the whole or any part of said Premises. Any purported assignment, either direct or by operation of law, or under or pursuant to 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 without consent shall continue in force as against any assignee. I -7- 411 22 . Lessor shall have the right to post notices on said leased Premises of non-liability under and pursuant to the laws of the State of California for any work done on said Premises, and Lessee agrees to notify Lessor in writing immediately that any work at any time is commenced on said Premises. 23 . Lessee agrees that he will not commit any waste on said Premises, nor any public or private nuisance thereon. 24 . Subject to the provisions respecting assignment, under- letting, or subletting herein, the covenants, conditions, and agreements herein contained shall inure to the benefit of and be binding upon the heirs , executors, administrators, personal representatives, successors, and assigns of the parties hereto. 25 . Lessee shall pay any and all possessory interest taxes levied by the Shasta County Assessor against the land and existing improvements which are now on the demised Premises. 26 . Any and all maintenance of the demised Premises shall be at the sole cost and expense of Lessee, which expressly 1 includes the cost of any and all irrigation water obtained from any source. If Lessee desires to place any improvements on the subject Premises, or to demolish or remove anv existing dilapi- dated and substandard improvements, Lessee covenants and agrees that he will first obtain the consent in writing of Lessor as to any such improvement, alteration, or demolition. Lessee expressly agrees that he will leave said Premises at the termi- nation of this Lease in a good and clean condition. -8- .j ; , , • • 27 . To comply with Federal Aviation Administration require- I ments, Lessee, for himself, his heirs, executors, administrators, representatives, successors, and assigns, as a part of the i consideration hereof, does hereby covenant and agree, as a covenant running with the land: (1) That in the event facilities are constructed, main- tained, or otherwise operated on the said property described in this Lease for a purpose for which a Department of Transport program or activity is extended, or for another purpose involving the provision of similar services or benefits, Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49 , Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21 , Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964 , and as said Regulations may be amended. (2) That (a) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected C to discrimination in the use of said facilities; (b) ,� that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; and (c) that Lessee shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49 , Code of Federal Regulations, Department of Transportation, Subtitle A, 1 Office of the Secretary, Part 21 , Non-discrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964 , and as said Regulations may be amended. (3) That in the event of breach of any of the above nondis- crimination covenants, Lessor shall have the right to terminate this Lease and to reenter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. This provision , „ cloe§_ not _become_ effective until the -9- f , • • procedures of 49 CFR Part 21 are followed and completed, including expiration of appeal rights. (4) That Lessee shall furnish his accommodations and/or services on a fair, equal, and not unjustly discrimi- natory basis to all users thereof, and shall charge fair, reasonable, and not unjustly discriminatory 'd prices for each unit or service; provided that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar type of price reductions to volume purchasers. (5) That non-compliance with paragraph 27 (4) above shall constitute a material breach thereof, and in the event of non-compliance Lessor shall have the right to terminate this Lease and the estate hereby created without liability therefor, or at the election of Lessor or the United States either or both said Governments shall have the right to judicially enforce provisions. (6) That Lessee agrees that he shall insert the above five provisions 27 (1) through 27 (5) in any lease, agreement, contract, etc. , by which said Lessee grants a right or 6 privilege to any person, firm, or corporation to render accommodations and/or services to the public on the Premises herein leased. (7) That Lessee assures that he will undertake an affirma- tive action program as required by 14 CFR Part 152 , Subpart E, to insure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any employment activities covered in 14 CFR Part 152 , Subpart E. Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. Lessee assures that he will require that his covered suborganizations provide assurances to Lessee that they similarly will undertake affirmative action programs, and that they will require assurances from their suborganizations , as required by 14 CFR 152 , Subpart E, to the same effort. (8) That Lessor reserves the right to further develop or improve the landing area of Redding Municipal Airport as it sees fit, regardless of the desires or views of Lessee and without interference or hindrance. (9) That Lessor----reserves the— right; but-. shall—not—be obligated to Lessee, to maintain and keep in repair the -10- r Aft landing area of Redding Municipal Airport and all publicly-owned facilities of said Airport, together with the right to direct and control all activities of Lessee in this regard. (10) That this Lease shall be subordinate to the provisions and requirements of any existing or future agreement between Lessor and the United States relative to the development, operation, or maintenance of the Redding Municipal Airport. (11) That there is hereby reserved to Lessor, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises herein leased. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through said airspace, or landing at, taking off from, or operation on the Redding Municipal Airport. (12) That Lessee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the leased Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the leased Premises. (13) That Lessee, by accepting this Lease, expressly agrees for himself, his heirs, executors, administrators, representatives, successors, and assigns, that they will not erect nor permit the erection of any structure or object, nor permit the growth of any tree, on the land leased hereunder above the mean sea level elevation 502 feet. In the event the aforesaid covenants are breached, Lessor reserves the right to enter upon the land leased hereunder and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of Lessee. (14) That Lessee, by accepting this Lease, agrees for himself, his heirs, executors, administrators, repre- sentatives, successors, and assigns, that they will not make use of the leased Premises in any manner which might interfere with the landing and taking off of aircraft from the Redding Municipal Airport, or other- wise constitute a hazard. In the event the aforesaid covenant is breached, Lessor reserves the right to enter upon the Premises hereby leased and cause the i. , -11- I • e abatement of such interference at the expense of Lessee. 28 . It has been determined that this matter is categori- cally �i . exempt from the provisions of the California Environmental 'I Quality Act. IN WITNESS WHEREOF, the City of Redding and Glenn E. Hawes have executed this Lease , effective June 1 , 1990 , on the days and year set forth below. 'I CITY OF REDDING Dated: , 1990 By: NANCY BUFFUM, Mayor Dated: , 1990 f� GLENN E. HAWES ATTEST: ET1tL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A:-HAYS, City--Attorney - - -- -12- i f • yam,.-.-.�---,--- .- .4,... . fll1 ' : ieG 0000.40*) 0043 990 • ,•, • : • • •1 r . i! i# 1I it 51 : 153 ?i; M { I t t i t t t i t , -i i i •,• ' ti yam. i I : il • • A ::::1 • ( I �� cv < ,s, ..,)- p.--, , . ,K,,,..:\ , _ . , \ r\._ .-: d 1 ci„ . , : - Ill '11' . ' \.?' .'\ ' ' -I" a ;a81, 1-. - • ' ' i ;:i , 1 x !! t1jc..4 49 Get• + j x 10 II II 11 1 _ _.__L—____ :— •••i..-.%, I CD l• ' ' Flk i I, i ' �, 1 '.t • 1• — P®111�� — E 7"' _ meg! ._a 11 i1/41:1 i. ,,''-`31 ,7*., • ,:_?, 14_,__-.)_.i. : 1 • til � 117 y '3 - % -q11, � I ; �� Pi. ; I :• ► • - s 1 �Iai. a til :. v . •., — e; I ir �' i;i:., I il,,,I: • . , L_____ 1... _ .....L I I . .1 .--* ,— . \ Z.' 1 ' i I . 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