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HomeMy WebLinkAboutReso. 1986 - 101 - Approving the lease agreement between the city of redding and the people of progress inc 1 RESOLUTION NO. 84-0/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LEASE AGREEMENT BETWEEN THE CITY SOF REDDING AND THE PEOPLE OF PROGRESS , INC. FOR THE HFREEBRIDGE COMMUNITY GARDEN SITE, AND AUTHORIZING THE MAYOR TO SIGN. 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 attached Lease Agreement between the City of Redding and the People of Progress , Inc. ; 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 3 . That a true copy of the Lease Agreement referred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of 1' • 4 the City of Redding on the 5th day of May , 1986 , 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 4-9 jeZa.---,-3.7 LEE D. FULTON, M.D. , Mayor City of Redding ATTEST: . ETHEL A. NICHOLS, City Clerk FORM PPROVED: RA DALL A. HAYS, City Attorney -2- 111 411 LEASE THIS LEASE AGREEMENT, made and entered into this day of , 1986 , by and between the CITY OF REDDING, a 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" : WITNESSET 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. 73 acres of land bounded by Parkview Avenue on the south and west, the Sacramento River on the east, and an ACID Bypass Channel on the north (the "premises") , and described in Exhibit "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, commencing May 1 , 1986 , and terminating on April 30 , 1987. If Lessor has not developed another use for the subject property by April 30 , 1987 (or on the 30th day of April of any subsequent year, if this Lease is renewed) , this Lease may be extended on a year-to-year basis. 2. The premises are to be used solely by Lessee and its I S members for the purpose of growing lawful crops, to wit: annual vegetable crops for their own use, and for related agricultural activities in connection with its community garden project, and for no other purpose whatsoever. 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 shall contribute $2,000. 00 of Community Development Block Grant Funds toward water-supply development, and 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 area. Lessee shall groom the area used for growing at the end of the growing season so that excess crop vegetation is not 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. 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 of Lessee , it shall be lawful for Lessor to re-enter the premises -2- • and remove allpersons therefrom, orLessor may elect to exercise any 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 knowledge of such breach should not take advantage ofsame, such 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 accountof a prior waiver. 10. 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. 11. Lessor 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. 12. 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, Redding, California 96001 ; and to Lessee at Post Office Box 4431 , -3- Redding, California 96099. 13. 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 1 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 condition of the fences around the demised premises or otherwise. 14 . Lessee shall maintain, during the term of this Lease, public liability insurance insuring it and Lessor herein in minimum amounts as follows: $100 , 000 . 00 for injury to one person, $300 , 000. 00 for any one accident and $25, 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 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. -4- .. u • 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, 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 adjudication 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 Lessor work a forfeiture of this Lease. The consent of Lessor to the first or any other assignment shall not be a consent to ary subsequent assignment, but the prohibition against assignment without consent shall continue in force as against any assignee. 17. 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 -5- • 110 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 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. 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 any alterations to the property other than those provided for herein, Lessee covenants and agrees that it will first obtain the consent of Lessor in writing as to any such 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. IN WITNESS WHEREOF, the parties hereto have executed this -6- i 110 Lease Agreement on the day and year first above written. CITY OF REDDING By: LEE D. FULTON, M.D , Mayor PEOPLE OF PROGRESS, INC. By: By: ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS , City Attorney -7- 110 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 West 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 upstreamll following the right or West side of said Sacramento River North 6 degrees East, 6. 82 chains, thence North 81 degrees 25 ' West 1197 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.