HomeMy WebLinkAboutReso. 1988-194 - Approving the lease agreement between the city of redding and gleen e. hawes for 300 acres of farm land 4 �.
RESOLUTION NO. ys"nq
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING
AND GLENN E. HAWES FOR 300 ACRES OF FARM LAND NEAR REDDING
MUNICIPAL 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
Glenn E. Hawes for 300 acres of farm land near the Redding
Municipal Airport, a true copy of which is attached hereto and
incorporated herein; and
2 . That the Mayor of the City of Redding is hereby
authorized and directed to sign said Lease and all necessary
documentation in connection therewith 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 on the aforesaid documents, 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 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
City of Redding
ATTEST: FORM PROVED:
ETHEL A. NICHOLS , City Clerk RA DALL A. HAYS , Ci y Attorney
t
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
P g 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" :
WITNESSET H:
That for and in consideration of the rents, covenants and
agreements contained in this Lease Agreement, 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 two (2) years
commencing on June 1 , 1988 , to and including May 31 , 1990 .
2 . The premises are to be used by Lessee solely for the
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 the attached Exhibit "A"
and comprise a total of 300 acres.
3 . As part of the consideration for this Lease, Lessee
shall keep the entire acreage free of excess vegetation and
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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 . As additional consideration, Lessee will pay an
additional rental charge of Fifty Dollars ($50.00) per year for
the pole-type barn and storage grain bins located on 'two acres
designated by the Airports Manager, said rental to be paid on
June 1st of each year during the term of this Lease, or any
renewal thereof. At the termination of this Lease (or any
extension thereof) , Lessee will remove said structures at his own
expense.
5 . Portions of the leasehold area are within the area
required for future taxiways, runways, and aircraft apron, and at
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
the leasehold, may be cancelled by Lessor at any time during the
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41, 410
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 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.
8 . If Lessee should default as to any of the conditions,
covenants, and agreements herein contained, and Lessor, having
knowledge of such breach, shall not take advantage of the same,
such failure on Lessor' s part 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 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.
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10 . 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.
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.
12 . 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 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.
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 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 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 with postage prepaid,
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a 410 .
certified mail, addressed as follows: to Lessor at 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 and
Lessor' s officers, agents, and employees harmless from any and
all liability whatsoever to any persons, including Lessee, his
agents and employees, for personal injuries or property damage
occurring as the product of trespass, or coming upon the demised
in
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.
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 for personal injury, 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
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•
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,p , 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, and shall name Lessor, its officers, agents, and
employees, as additional insureds, 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 Certificate of Insurance
evidencing such coverage and notice requirement shall be approved
by the City Risk of Lessor and filed with the City Clerk of
Lessor prior to the first usage of the demised premises under
this Lease Agreement.
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
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• • 4 .
creditors, or 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 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.
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.
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4 • .
24 . Subject to the provisions respecting assignment, under-
letting, or subletting herein, the conditions, covenants, 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 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
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 any 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
termination of this Lease in a good and clean condition.
27 . To comply with Federal Aviation Administration require-
ments, Lessee, for himself, his heirs, executors, administrators,
representatives, 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 said property
described in this Lease for a purpose for which a
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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.
(3) That in the event of breach of anythe of 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 his accommodations and/or
services on a fair, equal and not unjustly discrimi-
1 natory basis to all users thereof, and 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.
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'' • 411•
(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
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
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 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 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.
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(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
abatement of such interference at the expense of
Lessee.
28 . It has been determined that this matter is categori-
cally exempt from the provisions of the California Environmental
Quality Act.
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• •.
IN WITNESS WHEREOF, the City of Redding and Glenn E. Hawes
have executed this Lease, effective June 1 , 1988 , on the days and
year set forth below.
CITY OF REDDING
Dated: , 1988 By:
K. MAURICE JOHANNESSEN, Mayor
Dated: c..5-- 3 , 1988 7/
GLENN E. HAWES
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
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