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HomeMy WebLinkAboutReso. 1987-082 - Approving the lease agreement between the city of redding and experimental aircraft Y . " • � RESOLUTION N0. S� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING AND EXPERIMENTAL AIRCRAFT ASSOCIATION, CHAPTER 157 , AND AUTHORIZING THE MAYOR TO SIG1V. 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 Experimental Aircraft Association, Chapter 157 , 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 7th day of April , 1987, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Dahl , Gard, Johannessen, 3� Fulton NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None , ABSTAIN: COUNCIL MEMBERS: None i�O.��` r� � LEE D. FULTON, M.D. , Mayor City of Redding ATTEST: , FORM PPROVED: � , ���=�'�� � � °�C' ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS, ity Attorney v 1 � � � � � . ,. i � ' L E A S E ; THIS AGREEMENT made and entered into as of the lst day of I , April, 1987, by and between the CITY OF REDDING, a Municipal ; Corporation and General Law City of the State of California, hereinafter referred to as "City, " and EXPERIi�IELdTAL AIRCRAFT ASSOCIATION, CHAPTER 157, hereinafter referred to as E.A.A. . � � W I T N E S S E T H: I WHEREAS, the City owns and maintains Benton Airpark, an aircraft facility located in the City of Redding, County of Shasta, State of California; and , WHEREAS, the E.A.A, desires to lease certain ground area at , said Airport, together with a Quonset hut located thereon, and has applied to the City Council of the City of Redding for a I � permit to carry on its non-commercial activities on said ground i �, area at said Airport, in accordance with Section 3. 08. 030 of the ' Redding Municipal Code and City Council Resolution No. 2978; and � WHEREAS, the City Council, in accordance with Resolution No. 2978 , has determined that the proposed activities are compatible ' with the Master Plan of the Airport� and that the best interests I � of the City and the public will be served by approval of the � application to carry on these activities; and WHEREAS, the E.A.A. has indicated a willingness and ability to properly keep and maintain said ground area and Quonset hut in � � I � • I � accordance with the standards established by the City, if granted a lease thereof; and • i ; WHEREAS, E.A.A, desires to obtain and avail itself of the i privileges, rights , uses and interests therein and herein; and i WHEREAS, City deems it advantageous to itself and to the i ; operation of said Airport to demise and lease said ground area ; and Quonset hut unto E.A.A. , together with said privileges, ' rights , uses and interests therein, as hereinafter set forth; and I ; WHEREAS, it has been determined that this matter is i categorically exempt from the provisions of CEQA; NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: , 1 . Term. City, for and in consideration of the covenants, ; conditions and agreements herein set forth to be kept and performed by E.A.A. , does hereby grant, demise and lease unto i i E.A.A. , subject to all of the conditions, covenants , terms and � � agreements hereinafter set forth, those certain premises as the � i . same are described in Exhibit "A" and depicted in Exhibit "B" ' attached hereto and incorporated herein for all purposes I � (hereinafter referred to as demised premises) , for a term of five ; (5) years commencing April l , 1987 , and terminating P4arch 31 , 1992 , unless either party hereto, at any time during the term of i , this Lease, or any renewal thereof, gives sixty (60) days ' notice i in writing to the other party hereto of its desire to terminate this Lease. Upon the giving of notice to terminate this Lease by � either party, without further notice or demand, E.A.A, covenants � _2_ � � ! • . , , � I and agrees to remove itself from the premises within said 60-day �, period; and it is covenanted and agreed between the parties ' hereto that there shall be no further liability or claims of one ! against the other, provided all of the terms, conditions and i covenants of this Agreement shall have been met and complied with i by the respective parties obligated to perform same herein. I Provided E.A,A, is not in default under the terms of this , Lease, E.A.A, shall have the option to renew this Lease for ' additional one-year periods on the same terms and conditions as contained herein, with the exception of the monthly rental and i ' insurance requirements which may change, by giving written notice � to City of.. its intention to renew sixty (60) days prior to the , termination of the intial five-year term of this Lease or the I ' termination of each renewal year thereafter. If City desires to � increase the rental fee hereunder or the insurance requirements 1 � after the expiration of the initial five-year term of this Lease, � it shall give E.A.A, thirty (30) days ' prior written notice of ! such increase or change. 2. Rental. Subject to the provision for an increase in � rent as set forth in paragraph 1 hereof, E.A.A, shall pay to City as rent for the demised premises the sum of Twentv Dollars � ($20. 00) per month payable monthly, in advance, commencing April 1 , 1987, and continuing thereafter on the first day of each � and every month throughout the term of this Lease, or any renewal i thereof. -3- � � � I . . � • . . • . , � �. - I I I j 3. i7se of Premises . The ground area and improvements � thereon shall be used by E.A.A, for Association meetings and workshops, and for no other purposes. � Before carrying on any revenue-producing activities at the premises, or carrying on any social activities at the premises which would include the consumption of alcoholic beverages, E.A.A, covenants and agrees that it will first obtain the permission of City in writing. E.A.A, shall have the right of access to and the use of facilities at the Airport designed for common use, such as � landing area, aprons, taxiways, landing lights, beacons, signals, , and other common-use facilities available at said Airport for convenience and accommodation in the operation, landing and i take-off of aircraft. The rights herein extended to E.A.A, shall I i be inclusive of the rights to take-off, land, load and unload � aircraft. E.A.A, expressly does not have the right to store or I i tie down aircraft within the area of the demised premises, and � ' shall only use the landing and take-off facilities of the Airport � as an organizational activity in the defined operations of E.A,A. � in the course of making and performing such other authorized i , activities as are typical of and customary for the E,A.A. ' 4 . Maintenance and Repairs. E.A.A, shall, at its sole cost and expense , keep and maintain said ground area and all improve- ments and appurtenances , and every part thereof, in good and sanitary order, condition and repair, hereby waiving all right to -4- � _ � � i � � ; make repairs at the expense of City as provided in Section 1942 of the Civil Code of the State of California, and a11 rights provided for by Section 1941 of said Civil Code. I5 . Alterations and Additions. E.A.A. shall not make any � alteratioms to or erect any additional structures or improvements , on the leased ground area without prior written consent of City. I Any alterations or additions approved by City shall be i � constructed at the sole expense of E.A,A. , and upon termination � f � of this Lease or any renewal thereof shall become the sole i property of City. � 6 . Signs. E.A.A, may erect its sign over the doorway to � the leased building, as approved by the Director of Airports of City, rdo other signs whatsoever shall be erected upon the property which is the subject of this Lease. � 7. Unlawful Use. No building, structure or improvement of any kind shall be erected, placed upon, operated or maintained on ' the leased area, nor shall any business or operation be conducted ; or carried on therein or thereon in violation of any ordinance, I � law, statute, bylaw, order or rule of the governmental agency i having iurisdiction over said Airport, of whieh the demised premises form a part. 8 . Waste; Quiet Conduct. E.A.A, shall not commit or suffer ' to be committed any waste upon said area or improvements , nor any nuisance or other act or thing which may disturb the quiet -5- I . • • i � � � i enjoyment of the use of said Airport or surrounding property by ; Citv and others.. 9. Rules and Regulations . E.A.A, agrees to observe and � obey all rules and regulations promulgated and enforced by City � and any other appropriate authority having jurisdiction over said I � Airport during the term of this Lease or any renewal thereof. I 10. Insurance. This Lease is granted upon the express condition that City shall be free from any and all liability and I � claims for damages for personal injury, death, or property damage ' in any way connected with the activities of E.A.A, at said ' Airport, including claims of E.A.A. , its officers, agents, � employees and members. E.A.A, 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 E.A.A, or its officers , agents, employees � . and members. � It is understood and agreed as a condition of this Lease I that E.A.A, shall procure and maintain at all times during the I � term of this Lease, or any renewal thereof, at its sole cost and expense, public liability insurance in the amounts of $300 , 000 � � for injury to one person and $500 , 000 for any one accident, and � $100, 000 for property damage insurance , and shall name City, its officers , agents and employees , as additional insureds , and shall further contai_n a provision obligating the insurance carrier to -6- . , • • ' ' I � ! � � notify City in writing . at least ten (10) days prior to. any � cancellation or reduction of such insurance. A Certificate of Insur.ance evidencing such coverage and notice requirement shall ; be approved by the City Attorne�� and filed with the City Clerk of i City . prior to the first usage of the demised premises under. this i � Lease Agreement. j It is further understood and agreed as a condition of this � Lease that should E.A.A, hire an employee or employees, it will I � ' provide workers ' compensation insurance on its employee (s) and I shall furnish City with a Certificate evidencing such insurance. � � ; City maintains fire insurance coverage on its building , hereby leased to E.A.A. ; however, City shall not be liable for , any damage by fire or other causes to personal property of E.A.A. located at the Airport. , 11 . Utilities. E.A.A, shall pay promptly any and all utility bills for utilities used on the demised premises; and ;it is expressly agreed by the parties hereto that any breach of this provision shall constitute a material breach of this Lease. 12. Inspection and Notice. Insofar as the same may be i , necessary for the protection of City' s rights, City or its agents ! shall at any and all times have the right to enter upon and � , inspect the ground area and improvements hereby leased and any and every structure or improvement erected or constructed or in , the course of being erected or constructed, repaired, added to, � rebuilt, or restored thereon, and also to serve or to post and , -7- � _ • � � � keep posted thereon, or on any -part thereof, any notices provided � for in Section 3129 of the Civil Code of the State of California, � or any other section of the Civil Code of the State of I California, or any other notice or notices that may at any time � be required or permitted by law. � 13. Assignment or Subletting. E.A.A, shall not assign this Lease or any interest therein, and shall not sublet the demised � premises or any part thereof, or any right or privilege jappurtenant thereto, or suffer any other person (agents and employees of City excepted) to occupy or use the demised premises � or any portion thereof, without the written consent of City first � had and obtained. A consent by City to one assignment, subletting, occupancy, or use by another party shall not be deemed to be a consent to any subsequent assignment, subletting, � occupancy or use by another person or entity. Any such assign- � ment, subletting, occupancy or use by another person or entity without such consent by City shall be void and shall, at the , option of City, terminate this Lease. This Lease shall not, nor shall any interest therein, be assigned as to the interest of E.A.A. , by operation of law, without the written consent of City. , City agrees that it will not arbitrarily or capriciously withhold � its consent required hereunder. ; 14 . As an additional consideration for the execution of this ILease by City, E.A.A, expressly agrees to maintain the demised i premise and all improvements thereon during the entire term of � -8- i . . . � � � - � ; this Lease or ar.y renewal thereof, unless terminated sooner with ! the consent of City, in as good condition as the premises are at i � the time of execution of this Agreement, reasonable wear and tear � excepted, Such maintenance shall include a regular and I consistent program of repainting, renovation and prompt repair of � the improvements herein demised. I 15. Upon written notice from City to E.A.A, that E.A.A, is I � committing a material breach of a term or condition of this i Lease, E.A.A, shall forthwith cure such breach. In the event that E.A.A, has not cured such breach of a term or condition of I this Lease within thirty (30) days following the mailing of such ; written notice to E.A.A, by City, City shall have the right to � enter and take over the demised premises and exclude E.A.A. therefrom. This right shall be in addition to any and all other ; rights possessed by City under the laws of the State of California relating to landlord and tenant. , 16 . Notice. 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 Post Office, certified mail, � postage prepaid, addressed as follows: To CITY OF REDDING at 760 ' Parkview Avenue , Redding, California 96001 ; and to EXPERIMENTAL � AIRCRAFT ASSOCIATION, CHAPTER 157 , at Post Office Box �,2?�,� , � � Redding, California 96099. j i -9- � I I _ . � • I , i , 17. Taxes. E.A.A, agrees to pay promptly when due any and ', all taxes assessed against its personal property and any possessory interest tax levied by reason c�f its occupancy of the � demised premises. IN t�lITNESS WHEREOF, the parties hereto have executed this , Lease Agreement on the day and year set forth below. l i CITY OF REDDING Dated: , 1987 By: LEE D. FULTON, M.D. , Mayor EXPERIMENTAL AIRCRAFT ASSOCIATIOPd, CHAP ER 157 ; Dated: (E'1/�-2 � � `1 , 19 8 7 By: �►-a,�S � �� :a,�- ._, � By• ..'����:�i"-�-� / r L CLl.fc'�'�_ C/._[r ��.+�5 � —�, � ATTEST: ETHEL A. P7ICHOLS , City Clerk � FORM APPROVED: ' RANDALL A. HAYS , City Attorney f i -10- I . • - • � . I , i i i I I � i I � EXHIBIT "A" Commencing at the southeast corner of Block D, Highland Addition i to the City of Redding, as recorded December 10 , 1901 , at paqe 64 , Book 1 of Maps of Shasta County; thence S. 58°27 ' 07" E. , � a distance of 91 . 15 feet; thence S. 79°46 ' 20" W. , a distance of i 555 . 16 feet to the true point of beginning of this description; � thence S. 10°13 ' 40" E. , a c�istance of 38. 30 feet; thence ; S. 31°04 ' W. , a distance of 77 . 56 feet; thence S. 72°03 ' L+]. , a distance of 106. 22 feet to the east right-of-way line of Pleasant Street, .extended; thence N. 17°57 ' W. , a distance of 111. 86 feet to the south right-of-way line of South Street; thence N. 79°46 ' 20" E. , a distance of 171 . 45 feet to the point of � beginning. Containing 0 . 349 acres, more or less. � I _ . . . -;,.. . �r. ; . , � � � � � � i . : I � . � . -•—�` � � a,-�,S , � � ; --_. �v 4 • . , . � - . � . � . � � Lc os� .%r�cZ � � � �P�rc me�-�a� . , . o E . f � � Q ' �/' ' :38�Q . /I� rC l�Z�� �SSOC C� �! Qr; � � . � � � . . I ' ' � � . . �'=o . ;. � ' . � . . �'�'�$ -- . . - -. � � � :. , � : � : �. , .� � � ' � . � • , , " . . +. . t,.. • `� :� • . .� . . . � � . . . . . . : , .. - _ _ +v . : . . . . - - �s�, � , � - �� � . . : . � - o. � . . : � �. . - � -. ��� . . . , o,�� . . � . . . . �\ � Z . . . � � � , � �C . `. � . . . �_ � . -. � .� � � �. �� J ; . . _. ' o - � - . � - � . � . �� . � � � �� : - o �,,, . �� ._ _ N i7 S? ; � ��/g� ; � - _ - �2'�'T ) . 1 �f��e� . O��'o-sQ/�T . . l... I . � � . R � . . �' , � i� ' � � " I I .