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HomeMy WebLinkAboutReso. 1987 - 109 - Approving the lease agreement between the city of redding and alton o. chatham of 48.08 + acres of pasture •411111 0. RESOLUTION NO. a7-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING AND ALTON O. CHATHAM OF 48 . 08 ± ACRES OF PASTURE LAND ON EASTSIDE ROAD NEAR THE CLEAR CREEK PLANT, 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 Alton O. Chatham, 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 all necessary documents 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 21st day of April , 1987 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Fulton, Gard, Johannessen and Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None MIKE DAHL, Mayor City of Redding ATTEST: FORM APPROVED: 5 d. / ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS , City Attorney • . •. 11. LEASE THIS LEASE made and entered into this vrk day of March, 1987 , by and between the CITY OF REDDING, a Municipal Corporation and general law city, hereinafter referred to as "Lessor, " and ALTON 0. CHATHAM of 2624 Freebridge Street, Redding, California 96001 , hereinafter referred to as "Lessee" : WITNESSETH: WHEREAS, for many years Lessee has occupied certain parcels of City-owned property, and has continued to keep all the terms and conditions of his Lease Agreements with City; and WHEREAS, Lessee now wishes to renew his lease of a 48. 08 ± acre parcel of City-owned property generally known as the pasture land on Eastside Road, near the Clear Creek Plant; and WHEREAS, it has been determined that this matter is categorically exempt from the provisions of CEQA; NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD, STIPULATED and AGREED by and between the parties hereto as follows : 1 . That for and in consideration of the ;rents, covenants and agreements herein contained, Lessor does hereby lease, demise and let unto Lessee all that certain real property described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof by reference. This Lease shall be for a period of one (1) year commencing March 1 , 1987 , and terminating February 29, 1988 , for a total rent of Four Hundred Ten Dollars ($410 . 00) payable on or before execution of this; Agreement. 0110 4101110 2. Lessee agrees to pay the rent to Lessor at the time and in the manner herein provided without any deductions therefrom whatsoever and free and clear of any claim or demand against Lessor of any kind, and this provision shall apply to any extension hereof. 3. The premises shall be used solely for pasturing cattle and/or horses and activities incident to such operations. 4 . Lessee, in conducting business on said premises, shall comply with all laws governing the conduct of such business. 5. It is expressly covenanted and agreed that Lessee has inspected the premises and accepts them in an "as is" condition. 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 the Anderson Cottonwood Irrigation District or any other 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 agrees that he will first obtain the consent in writing of Lessor as to any such improve- ment, alteration or demolition. Lessee expressly agrees that he will erect and maintain any and all fences required to hold his cattle and/or horses within the pasture herein let and demised unto him. Lessee further agrees to leave said premises in a good and clean condition at the termination of this Lease. 6 . Lessee shall pay the cost of any extensions required to serve said leased premises with any utilities, and in addition -2- 01110 4011 thereto Lessee shall pay the cost for any utility service that is furnished to him at said premises. 7. Lessor shall pay all taxes and special assessments assessed against the land and existing improvements. Lessee shall pay any and all possessory interest taxes levied by reason of Lessee ' s use and/or occupancy of the demised premises. 8 . Lessee agrees that he will not commit any waste on said premises, nor any public or private nuisance thereon. 9. Lessee expressly agrees to hold Lessor, its agents , officers and employees, harmless from any and all claims and demands for damages arising out of injury to Lessee ' s person or property, or to the person or property of his agents and employees, or to the person or property of any third person or persons, resulting from any accident, occurrence or omission relating to Lessee ' s operations on the premises let and demised unto Lessee herein, and in this consideration Lessee expressly covenants and agrees to keep in good repair and maintain the fences around the entire perimeter of any portion of the subject demised premises which Lessee uses for pasturing cattle and/or horses. 10 . It is understood and agreed as a condition of this Lease that Lessee shall, at his own expense, obtain and keep in full force and effect public liability insurance in the amounts of $300 , 000. 00 for injury to one person, $500 , 000 . 00 for any one accident, and $50 , 000. 00 for property damage, and shall name Lessor, its officers , agents and employees , as additional -3- 01110 4010 insured,, 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 Attorney and filed with the City Clerk of Lessor prior to the first usage of the demised premises under this Lease Agreement. 11 . Lessor or its agents shall have the right, on reasonable occasions, to enter any part of the premises to inspect the condition thereof. 12 . Lessor hereby reserves the right for its agents and employees to come onto the demised premises at any time for engineering and construction purposes and other City activities, and a right for its agents and employees to travel over the premises in connection with such activities , and Lessee consents to Lessor coming upon the premises for all purposes in connection with the operation of the sewage treatment plant in the vicinity thereof. 13. 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. 14. 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 -4- . 1110 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 a result of such breach. 15 . 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 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 any subsea-tient assignment , hut the prohibition against assignment without consent shall continue in force as against any assignee. 16 . If Lessee should default as to any condition, covenant or agreement herein contained, and Lessor having knowledge thereof should not take advantage of same, such failure on Lessor ' s part shall not be construed as a waiver of such condition, covenant or agreement and the right of termination shall remaTh in full force and effect unless expressly waived in writing, nor shall the right to give or withhold consent in any cas2 be 3>>..n.3.3 -ra '. " ' - �r thereof. 17. This Lease shall be deemed to be terminated forthwith on the failure of Lessee to comply with any lawful notices given -5- • EXHIBIT "A, " continued: Excepting therefrom the southwesterly 40. 00 feet lying within the Eastside road Right-of-Way. Also excepting therefrom the fishing access as shown on Exhibit B attached hereto. Containing 33. 24 acres. -10-