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HomeMy WebLinkAboutReso. 1987-063 - Approving the lease agreement between the city of redding and the people of progress, inc � , � • � . RESOLUTION NO. -�� 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 DIESTELHORST COMMUNITY GARDFN SITE, AND AUTHORIZING THE MAYOR TO SIGN. I BE IT RESOLVED by the City Council of the City of Redding as � follows: l. 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. , 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 all necessary documents 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 16th day of March , 1987, and was � duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Dahl , Gard, Johannessen, & Fulton NOES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None Ji F n rEE D. FULTON, M.D. , Mayor City of Redding � ATTEST: � FORM PROVED: � �'�-�o G?. 7��r��.o--�ii �' .� ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS, City Attorney � V ' 1 0� � : ' � • , o • : �� I I LEASE I THIS LEASE AGREEMENT, made and entered effective the lst day � of May, 1986, by and between the CITY OF REDDING, a Municipal i Corporation and General Law City of the State of California, ' hereinafter referred to as "Lessor, " and PEOPLE OF PROGRESS, i , INC. , a non-profit corporation, hereinafter referred to as ' "Lessee" : W I T N E S S E T H: ' That for and in consideration of the covenants and agree- . ments herein contained, Lessor does hereby lease, demise and let ; unto Lessee that certain real property consisting of approxi- ' mately 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, described in Exhibit "A" and ' depicted in Exhibit "B" attached hereto and made a part hereof by I reference. I IT IS MUTUALLY UNDERSTOOD, STIPULATED and AGREED by and ; between the parties hereto as follows: i ; 1 . The term of this Lease shall be for two (2) _years, � commencing May 1 , 1986 , ar.d terminating on April 30 , 1988. If , Lessor has not developed another use for the subject property by ; April 30 , 19$8 (or on the 30th day of April of any subsequent i � year, if this Lease is renewed) , this Lease may be extended on a � year-to-year basis. i , . � � • �� - � � � 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 i activities in connection with its community garden project, and ; for no other purpose whatsoever. 3. Lessee shall provide a current map of community garden I ; plots, as well as a report indicating the actual usage being made i of the garden area, with specific.ity regarding the magnitude of Ithe number of active plots yearly, I4 . No rental shall be charged under this Lease. � 5 . Lessor will supply water to Lessee for the community garden project at no charge. ' 6. Lessee shall maintain, at its own expense, the barbed i wire fence along the westerly and northerly boundaries of the idemised parcel; the metal livestock gate at the southeast corner �. of the demised parcel for vehicular access; and the drainage � ditch on the easterly side of the existing water line and along Ithe northerly boundary of the demised parcel, and shall be responsible for any damage to said water line during said � maintenance of the drainage ditch. 7. Lessee shall provide a lock for the existing gate at � the southwest corner of the demised parcel , and shall supervise I ' access through said gate. � 8 . At the end of the term of this Lease, or any extension � � thereof, all improvements shall become the property of Lessor. I � i -2- , - � � � , _ j 9. Subject to the restrictions and reservations herein ; contained, Lessee, performing the covenants herein specified, shall and may peaceably and quietly hold and enjoy the said I ' 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 3 and remove all persons therefrom, or Lessor may elect to exercise i i any legal or equitable right accruing to it as the result of such t breach. ; 10. If Lessee should default as to anyo uf the conditions, � covenants and agreements herein contained, and Lessor having knowledge of such breach should not take advantage of same, such i 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 , give or withhold consent in any case be deemed to be waived on � account of a prior waiver. ' 11 . 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. i 12. Les�sor or its agents shall have the right, on � reasonable occasions, to enter into any part of the demised � premises to ascertain and inspect the condition thereof. i -3- I I • • I I , 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 � 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, � r Redding, California 96001; and to Lessee at Post Office Box 4431, � Redding, California 96099. ' 14. 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 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 i animals of others, including animals belonging to other lessees � of Lessor occurring as a result of the condition of the fences i around the demised premises or otherwise. ; 15. Lessee shall maintain, during the term of this Lease, i j public liability insurance insuring it and Lessor herein in minimum amounts as follows : $300 , 000 . 00 for injury to one person, $500, 000. 00 for any one accident and $50, 000 . 00 property damage limits, and such insurance shall protect Lessee and Lessor from any and all liability whatsoever to any persons resulting � -4- � . ; • o � from the operation and maintenance of said leased premises by ; jLessee and the conduct of any activities in the operation of � these premises. Lessee shall provide Lessor with a Certificate i 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. � 16 . 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, I_ � 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 adjudi- I I, cation in bankruptcy. , 17. Lessee shall not, without the previous consent in � writing of Lessor, assign this Lease or any interest therein, nor � I underlet or sublet the whole or any part of said premises. Any ; purported assignment, either direct, 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 I Lessor work a forfeiture of this I�ease. The consent of Lessor to -5- ' � � . , i �. . . . • � ; . I� the first or any other assignment shall not be a consent to an � y subsequent assignment, but the prohibition against assignment I without consent shall continue in force as against any assignee. i � 18. 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, I, and Lessee agrees to notify Lessor in writing immediately that ; any work at any time is commenced on said premises.. 19. 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. 20. No trees shall be removed from the demised premises. 21 . 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 term of this Lease or any extension thereof. 22. 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. I ; 23. If Lessee desires to install any improvements or make i I any alterations to the property other than those provided for i � herein, Lessee covenants and agrees that it will first obtain the -6- i . • � � �� , . � �� � consent of Lessor in writing as to any such improvement or i alteration. 24. 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. 25. It has been determined that this matter is ! categorically exempt from the provisions of CEQA. i IN WITNESS WHEREOF the , parties hereto have eYecuted this Lease Agreement on the day and year set forth below. ' CITY OF REDDING Dated: , 1987 By: LEE D. FULTON, M.D. , Mayor � PEOPLE O PROGRESS, INC. ' i Dated: r�,�'C f �, . 1987 By: �f'• � ` , „� � , By: �,-_ , �� �� , ATTEST: ETHEL A. NICHOLS, City Clerk � FORM APPROVED: i RANDALL A. HAYS, City Attorney -7- I � � � . � , . . � i I � � EXHIBIT "A" i � � i i i A portion of that certain parcel recorded in Book 1250 , page 651 , � of Official Records of Shasta County, and more particularly described as follows : � ' 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 i feet distant of the centerline of Riverside Drive; i 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 i dirt road which generally runs parallel with and 200 feet ; northerly of the centerline of Riverside Drive. i . _., � � i I � � i � , , �� f� . � . � . . - � ' . � � � � � .. . � ;- _;, �-- „ . ; ��� - � � . � ; � . - � �.� � 4 i � • i / i ' � . . . �. � � � . aC�' . . • � � � - -� ' � � / ' " �� i � . • -. ��"� � �. : � ' � - � . � - � !, . � � � �, .. - - � - . _ ,� � _ . � . : _ � � . ��;,: � : . , � ,�� , ,� _ . � "� ,, � - �' _ . � ' - � � �,,` � ,�� � : . � . _- � �, � � . . . . , ,� ;, � �. � � . � �� � � ��� . r, • Q �.v !i o ' -- � � - � . . _ . , � `�� � . ;, ; . ,, � . 'i � ���-��� �r�. . - . = . - . . � � -- - . . � - � � ; . . , . . . , . � - . , , . . . . i - � . . . � � � E�thzbit "g" , '