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HomeMy WebLinkAboutReso. 1988-184 - Approving the lease agreement between the city of redding and the people of progress 411 RESOLUTION NO. g8•J S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING AND THE PEOPLE OF PROGRESS, INC. FOR THE FREEBRIDGE AND DIESTELHORST COMMUNITY GARDEN SITES , AND AUTHORIZING THE MAYOR TO SIGN. BE IT 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 People of Progress, Inc. for the two community garden sites, a true copy of which is attached hereto and incorporated herein by reference; and 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 that 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 on the aforesaid document, when appropriate. 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 May , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Carter, Dahl , Fulton, & Johannessen NOES: COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None K. 'W/R CE JOHANNESSEN, Mayor City of Redding ATTEST: FIRM,„APPROVED: ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS, ity Attorney • LEASE THIS LEASE AGREEMENT, made and entered into this a -day of 12t-pp , 1988 , by and between the CITY OF REDDING, a Municipal Corporation and General Law City of the State of California, hereinafter referred to as "Lessor, " and PEOPLE OF PROGRESS, INC. , a non-profit corporation, hereinafter referred to as "Lessee" : WITNESSETH : That for and in consideration of the covenants and agree- ments herein contained, Lessor does hereby lease, demise, and let unto Lessee the following: A. That certain real property known as the Freebridge Garden and consisting of approximately 3.73 acres of land bounded by Parkview Avenue on the south and west, the Sacramento River on the east, and an ACID Bypass Channel on the north (the "premises" ) , and described in Exhibit "A" and depicted in Exhibit "A-i" attached hereto and made a part hereof by reference; and B. That certain real property known as the Diestelhorst Garden and consisting of approximately 3 . 6 acres of land bounded by Riverside Drive, Benton Drive, the Sacramento River, and the Southern Pacific Railroad track in the City of Redding (the "premises") , described in Exhibit "B" and depicted in Exhibit "B-1" attached hereto and made a part hereof by reference. IT IS MUTUALLY UNDERSTOOD, STIPULATED and AGREED by and between the parties hereto as follows : 1 . The term of this Lease shall be for one (1) year, commencing May 1 , 1988 , and terminating on April 30 , 1989 . If Lessor has not developed another use for the subject property by April 30 , 1989 (or on the 30th day of April of any subsequent 1 411 410 • year, if this Lease is renewed) , and provided Lessee is not in default hereunder, this Lease may be renewed 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 to the other thirty (30) days prior to said change or termination. 2 . The premises are to be used solely by Lessee and its members for the purpose of growing lawful crops, to wit: annual vegetable crops for their own use, and for related agricultural activities in connection with its community garden project, and for no other purpose whatsoever. 3 . Lessee shall provide a current map of the community garden plots, as well as a report indicating the actual usage being made of the garden areas, with specificity regarding the magnitude of the number of active plots yearly. 4 . No rental shall be charged under this Lease. 5 . Lessor will supply water to Lessee for the community Carden projects at no charge. 6 . Lessee shall maintain all fencing at its own expense. Lessee shall be responsible for and maintenance of any parking areas . Lessee shall groom the areas used for growing at the end of the growing season so that excess crop vegetation is not left in the garden plots. 7 . At the end of the term of this Lease, or any extension thereof, all improvements shall become the property of Lessor. -2- ii 4 8 . Subject to the restrictions and reservations herein ccn tained, Lessee, performing the covenants herein specified, shall and may peaceably and quietly hold and enjoy said premises for the term aforesaid; but if default should be made in any of the covenants or agreements herein contained on the part of Lessee, it shall be lawful for Lessor to re-enter 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. 9 . If Lessee should default as to any of the conditions, covenants, and agreements herein contained, and Lessor having knowledge of such breach should not take advantage of same, such failure on the part of Lessor shall not be construed as a waiver of such conditions, covenants, or agreements and the right of termination shall remain in full force and effect unless expressly waived in writing, nor shall the right of Lessor to c_ve or withhold consent in any case be deemed to be waived on account of a prior waiver. 10 . Lessee, in carrying on and conducting business upon said premises, shall comply with and confcrm to all laws , ordinances, and regulations governing the conduct of such business . 11 . Lessor or its agents shall have the right, on reasonable occasions , to enter onto any part of the demised premises to ascertain and inspect the condition thereof. -3- i 1 ' 111 S 12 . 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 Mail, certified mail, postage prepaid, addressed as follows: to Lessor at 760 Parkview Avenue, Redding, California 96001-3396; and to Lessee at Post Office Box 4431 , Redding, California 96099 . 13 . Lessee has inspected the premises and accepts the same in an "as is" condition. Lessee expressly holds Lessor and Lessor ' s officers, agents, and employees harmless from any and all liability whatsoever to any persons, including Lessee, its officers, agents, and employees, for personal injuries 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 cc-dition of the fences around the demised premises or otherwise. 14 . Lessee shall maintain, during the term of this Lease, cc_-prehensive general liability insurance insuring it and Lessor, its officers, agents , and employees, in a minimum amount of $500 , 000 . 00 combined single limits, and such insurance shall protect Lessee and Lessor, its officers , agents,g and employees, from any and all liability whatsoever to any persons resulting Ili -4- 411 from the operation and maintenance of said leasedP remises by Lessee and the conduct of any activities in the operation of these premises . Lessee shall provide Lessor with a Certificate evidencing such insurance, and naming Lessor, its officers, agents and employees, as additional insureds, and guaranteeing Lessor ten (10) days ' notice in writing prior to any cancellation or reduction in such insurance coverage; and such Certificate shall be approved by the Risk Manager of City prior to the effective date of this Lease. 15 . If Lessee should 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 if said demised 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 said demised property, Lessor shall have the option to forthwith terminate this Lease and re-enter the premises and take possession thereof. In no event shall this Lease be deemed an asset of Lessee after adjudication in bankruptcy. 16 . 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, by operation of law, or under or in ursuance oforder, P any judgment, decree, or process -5- i • 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. 17 . 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. 18 . Lessee agrees that it will not commit any waste on said premises or any public or private nuisance thereon. Lessee further specifically agrees to pick up and remove litter from the demised premises weekly. 19. No trees shall be removed from the demised premises. 20 . 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 or may be located on the premises during the tern of this Lease or an-: extension thereof. 21 . Subject to the provisions respecting assignment, underletting, or subletting herein, the conditions, covenants, and agreements herein contained shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. -6- • • . 22 . If Lessee desires to install any improvements or make 1 ary alterations to the property other than those provided for herein, Lessee covenants and agrees that it will first obtain the consent of Lessor in writing as to any such improvement or alteration. 23 . Lessee expressly agrees that it will leave said premises at the termination of this Lease, or any extension thereof, in a good and clean condition. 24 . It has been determined that this matter is categorically exempt from the provisions cf the California Environmental Quality Act. • IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day and year first above written. CITY OF REDDING By: MAURICE JOHANNESSEN, Mayor PEOPLE OF PROGRESS, INC. BY: 04101A i\Obi\ (&,' i.(�'tit,' / / /? By: • l - 1 1 ATTEST: FORM APPROVED: ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS, City Attorney -7- i • . EXHIBIT "A" The following described real property in the City of Redding, County of Shasta, State of California: A portion of Lot No. 44 of Olivia Addition to the City of Redding, commencing at a point on the West bank of the Sacramento River, which point is distant South 47 degrees 30 ' East, 11 . 01 chains and South 81 degrees 25 ' East, 3. 33 chains from the North corner of Schneider' s tract of land, in the Rancho Buena Ventura, Shasta County, California, and running thence upstream, following the right or West side of said Sacramento River North 6 degrees East , 6. 82 chains, thence North 81 degrees 25 ' West 1 . 97 chains, thence South 24 degrees and 30 ' West, 6. 08 chains to the County, or Redding Freebridge Road, thence along said road South 47 degrees 30 ' East, 1 . 71 chains and thence South 81 degrees 25 ' East, 2. 50 chains to the point of commencement. 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F . -t• I •I 411 4 A portion of that certain parcel recorded in Book 1250, of Official Records of Shasta County, page 651 , described as follows : and more particularly Bounded on the east by the westerly right-of-way line of the Southern Pacific Railroad; Bounded on the north by a line being parallel with and 430 feet distant of the centerline of Riverside Drive; Bounded on the west by the easterly right-of-way line of Benton Drive; and Bounded on the south by the northerly edge of an existing dirt road which generally runs parallel with and 200 feet northerly of the centerline of Riverside Drive. I 1 1 EXHIBIT "B" I k .. --- i \ : IS 7. te II (.1II • r i • i I • i • . . . ,• . ip • '..°4 1 . . .M. • • l'. ° / . • . I . .. I • , / •Q1.1LI / • . . -: . • . t ! .,ds,...1 i I I i • 1 • 1 . . . i 1 itip: j; *: . • • . ! 0 .... / 4 V". / -. . . . .7 IN . ,,,,, ,, •. sn ow/ .• . • : _ . .., 4,- ,1 \ , ,, „ ,i,„ _. ,, / /C2 ' • 0 . . .. . ;I if l . . . . i3 EO-robi Pr2 .. , . . --T—F-'' • / • /.// . . , i I • . . . • . EXHIBIT -"B-1" . .. .. 1 ' ) / 1 i • . _ , 1 li d ,