HomeMy WebLinkAboutReso. 1988-193 - Approving the lease agreement between the city of redding and hawes river acres 1 4
RESOLUTION NO. g8 t
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING
AND HAWES RIVER ACRES , INC. FOR PASTURE LAND NEAR THE
REDDING MUNICIPAL AIRPORT, 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
Hawes River Acres, Inc . , 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 and all necessary
documentation on behalf of the City of Redding in connection with
said Lease Agreement, 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 documents, when appropriate; and
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 17th day of May , 1988 , and was duly
adopted at said meeting by the following vote:
AYES : COUNCIL MEMBERS : Buffum, Dahl , Fulton , & Carter
NOES : COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Johannessen
ABSTAIN: COUNCIL MEMBERS: None
SCOTT CARTER , Vice Mayor
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City of Redding
ATTEST: FORM`S'PROVED:
:any
ETHEL A. NICHOLS , City Clerk RA DALL A. HAYS , Ci.- Attorney
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LEASE•
THIS LEASE made and entered into effective the 1st day of
June, 1988 , 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 HAWES RIVER
ACRES, INC. , a California Corporation, hereinafter referred to as
"Lessee" ;
WITNESSETH:
For and in consideration of the rents, covenants, and
agreements herein contained, Lessor does hereby lease, demise,
and let unto Lessee that certain real property (the "premises")
consisting of 155 acres adjacent to the Redding Municipal
Airport, described 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 two (2) years,
commencing June 1 , 1988 , and ending May 31 , 1990.
2 . The premises are to be used by Lessee solely for the
purpose of growing lawful crops, namely range clover, and agri-
cultural activities incidental to growing such crops, and for the
pasturing of livestock.
3 . The rental to be paid to Lessor for the term hereof
shall be the sum of Five Dollars ($5 . 00) per acre, for a total of
411 4111.
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Seven Hundred Seventy-five Dollars ($775.00) , to be paid to
Lessor on or before June 1 , 1988 .
4 . As the premises are located on Federal Airport Grant
land, Lessor reserves the right to cancel Lessee' s right to the
leasehold should future Airport use dictate.
5 . Subject to the restrictions and reservations herein
contained, Lessee,
paying the rent 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 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.
6 . 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 the 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 to give or
withhold consent in any case be deemed to be waived on account of
a prior waiver.
7 . Lessee, in carrying on and conducting business upon
said premises, shall comply with and conform to all laws,
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ordinances, and regulations governing the conduct of such
business.
8 . 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 of same.
9 . Lessee shall pay the cost of any extensions required to
serve said leased premises with any utilities, and, in addition
thereto, Lessee shall pay the cost for any utility service that
is furnished to it at said premises.
10 . This Lease shall be deemed forthwith terminated on the
failure of Lessee to comply with any lawful notice given by
Lessor to pay rent or to quit the demised premises, and Lessee
hereby agrees that it, or any mortgagee of the term, or any
person interested in the continuance of the term, shall never
make application for relief under § 1179 of the Code of Civil
Procedure of the State of California.
11 . Time is of the essence of this Lease and of each and
every provision thereof.
12 . 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 attorneys' fees therefor and
all other damages which Lessor may suffer.
13. 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
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given when made in writing, enclosed in a sealed envelope, and
deposited in the United States Post Office, certified mail,
postage prepaid, addressed as follows: to Lessor at 760 Parkview
Avenue, Redding, California 96001-3396; and to Lessee at Dersch
Road, Anderson, California 96007.
1.4 . Lessee has inspected the premises and accepts them 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 existing condition of the fences around the demised premises,
or otherwise.
15 . Lessee expressly waives any claim for damage done to
its crops as a result of Airport operations in the area,
expressly the taking off and landing of aircraft.
16 . If the subject premises are required for Municipal
Airport use, this Lease 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.
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17 . Lessee expressly agrees that it will erect and maintain
any and all fences required to hold its livestock within the
pasture herein let and demised to it. Lessee further agrees to
leave said premises at the termination of this Lease in a good
and clean condition.
18 . This Lease is granted upon the express condition that
City 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, 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 its officers, agents, and employees.
19. Lessee shall maintain, at its sole expense, during the
term of this Lease comprehensive general liability insurance
insuring it and Lessor, its officers, agents, and employees, in
the sum of $500 ,000 .00 combined single limits, and such insurance
shall protect Lessee and Lessor from any and all liability
whatsoever to any person resulting from the operation and
maintenance of said leased premises by Lessee and the conduct of
any activities in the operation of these premises. Lessee shall
provide Lessor with a Certificate evidencing such insurance,
naming Lessor, its officers, agents, and employees, as additional
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insureds , and guaranteeing Lessor ten (10) days ' written notice
prior to any cancellation or reduction in such insurance
coverage. Such Certificate of Insurance shall be approved by the
Risk Manager of Lessor and filed with the City Clerk of Lessor
prior to the commencement of the term hereof.
20 . 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 to re-enter said 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 or
underlet or sublet the whole or any part of said 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
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any subsequent assignment, but the prohibition against assignment
without consent shall continue in force as against any assignee.
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 it will not commit any waste on said
remises public
premises, nor any p or private nuisance thereon.
24 . There are numerous trees on the premises, and the
permission to remove brush and manzanita does not include the
removal of any trees.
25 . 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 parties hereto.
26 . 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.
27 . Any and all maintenance of the demised premises shall
be at the sole cost and expense of Lessee, which expressly
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 and remove any existing
dilapidated and substandard improvements, Lessee covenants and
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agrees that it will first obtain the consent in writing of Lessor
as to any such improvements, alterations, or demolition. Lessee
expressly agrees that it will leave said premises at the
termination of this Lease in a good and clean condition.
28 . To comply with Federal Aviation Administration require-
ments, Lessee , for itself, its successors and assigns, as a part
of the consideration hereof, does hereby covenant and agree, as a
covenant running with the land:
(1) That in the event facilities are constructed,
maintained, or otherwise operated on the 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
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,
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.
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(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 re-enter and repossess said
land and the facilities thereon, and hold the same as
if said Lease had never been made or issued. This
provision does not become effective until the
procedures of 49 CFR Part 21 are followed and
completed, including expiration of appeal rights.
(4) That Lessee shall furnish its accommodations and/or
services on a fair, equal, and not unjustly discrimi-
natory basis to all users thereof, and it shall charge
fair, reasonable, and not unjustly discriminatory
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 28 (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 it shall insert the above five
provisions numbered 28 (1) through 28 (5) in any lease
agreement, contract, etc. , by which said Lessee grants
a right or 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 it will undertake an
affirmative 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 it will require
that its 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.
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(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 view 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
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 itself, its successors and assigns, that it 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 of
505 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
itself, its successors and assigns, that it will not
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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
abatement of such interference at the expense of
Lessee.
29. It has been determined that this matter is
categorically exempt from the provisions of the California
Environmental Quality Act.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease in the presence of their officers duly authorized in that
behalf the day and year set forth below.
CITY OF REDDING
Dated: , 1988 By:
K. MAURICE JOHANNESSEN, Mayor
HAWES RIVER ACRES , INC.
Dated: 3 , 1988 By: � Lta. i
GLENN E. HAWES
ATTEST: FORM APPROVED:
ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS, City Attorney
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