HomeMy WebLinkAboutReso. 1987-064 - Approving the lease agreement between the city of redding and the people of progress, inc i � �
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RESOLUTION N0. 7 G y
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
COMMUNITY GARDEN SITE, AND AUTHORIZING THE MAYOR TO SIGN.
BE ZT 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. , 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 Rec�ding 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
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.LEE D. FULTON, M.D. , Mayor
City of Redding '
ATTEST: � FORM PROVED:
C:�[� .��. ,�.�� �
ETHEL A. NICHOLS, City Clerk RA DALL A, HAYS, ity Attorney �
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' L E A S E
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� THIS LEASE AGREEMENT, made and entered into this �� day
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'' of �� �C�-{ , 1987, by and between the CITY OF REDDING, a
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� 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" :
' W I T N E S S E T H:
I That for and in consideration of the covenants and agree-
� ments herein contained, Lessor does hereby lease, demise and let
i unto Lessee that certain real property consisting of approxi-
j mately 3. 73 acres of land bounded by Parkview Avenue on the south
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I and west, the Sacramento River on the east, and an ACID Bypass
Channel on the north (the "premises" ) , and described in Exhibit
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"A" and depicted in Exhibit "B" 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,
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; commencing May 1 , 1987 , and 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
� year, if this Lease is renewed) , this Lease may be extended on a
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, year-to-year basis.
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� 2. The premises are to be used solely by Lessee and its
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� 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.
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3. Lessee shall provide a current map of community garden
plots , as well as a report indicating the actual usage being made
of the garden area, 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
� garden project at no charge.
6. Lessee shall maintain all fencing at its own expense.
� Lessee shall be responsible for and maintenance of any parking
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area. Lessee shall groom the area used for growing at the end of
I the growing season so that excess crop vegetation is riot 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.
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8 . 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
� premises for the term aforesaid; but if default should be made in
, any of the covenants or agreements herein contained on the part
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i of Lessee, it shall be lawful for Lessor to re-enter the premises
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' and remove all persons therefrom, or Lessor may elect to exercise
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iany 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
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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
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termination shall remain in full force and effect unless
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� expressly waived in writing, nor shall the right of Lessor to
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give or withhold consent in any case be deemed to be waived on
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; account of a prior waiver.
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� 10. Lessee, in carrying on and conducting business upon
I; said premises , shall comply with and conform to all laws,
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� ordinances and regulations governing the conduct of such
business.
11 . Lessor or its agents shall have the right, on
I reasonable occasions , to enter into any part of the demised
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; premises to ascertain and inspect the condition thereof,
'�i 12 . Any notices or demands that may be given by either
'i 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,
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Redding, California 96001; and to Lessee at Post Office Box 4431 ,
� Redding, California 96099.
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� 13. Lessee has inspected the premises and accepts the same
in an "as is" condition. Lessee expressly holds Lessor and
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' Lessor' s officers, agents and employees harmless from any and all
i liability whatsoever to any persons, including Lessee , its agents
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and employees, for personal injuries or property damage occurring
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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
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arising out of any entrance upon the demised premises of the
� animals of others , including animals belonging to other lessees
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, of Lessor occurring as a result of the condition of the fences
, around the demised premises or otherwise.
i 14. Lessee shall maintain, during the term of this Lease,
public liability insurance insuring it and Lessor herein in
' minimum amounts as follows: $300 , 000. 00 for injury to one
I. 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
; from the operation and maintenance of said leased premises by
j 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.
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�, 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,
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I 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 adjudi-
cation 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 pursuance of any order_, judgment, decree or process
of any Court, shall be wholly void and shall at the option of
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� 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
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without consent shall continue in force as against any assignee.
� 17. Les-sor shall have the right to post notices on said
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ileased premises of non-liability under and pursuant to the laws
i of the State of California for any work done on said premises,
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�i 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
i existing improvements which are now on the demised premises or
i may be located on the premises during the term of tliis Lease or
' any 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.
'� 22. If Lessee desires to install any improvements or make
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any alterations to the property other than those provided for
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� herein, Lessee covenants and agrees that it will first obtain the
consent of Lessor in writing as to any �uch 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.
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�;� 24. It has been determined that this matter is
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j categorically exempt from the provisions of CEQA.
IN WITNESS WHEREOF, the parties hereto have executed this
� Lease Agreement on the day and year first above written.
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I� CITY OF REDDING
' By:
, LEE D. FULTON, M.D. , Mayor
' PEOPLE OF PROGRESS, INC.
, By. ,
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; By� '^ '✓�.. 1 J., !� 'v L l(� S
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ATTEST:
� ETHEL A. NICHOLS, City Clerk
I FORM APPROVED:
' RANDALL A. HAYS, City Attorne_y
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� 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 T�7est 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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