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HomeMy WebLinkAboutReso. 1986 - 141 - Approving the lease agreement between the city of redding and moto one inc and authorizing the mayor to sign • 411 RESOLUTION NO. n/yf A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING AND MOTO ONE, INC. 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 Moto One, 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 III • , , I the City of Redding on the 16th day of June , 1986 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Dahl , Gard, Johannessen, & Fulton NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Carter ABSTAIN: COUNCIL MEMBERS: None L/r",,Z4+‘..-- rte, LEE D. FULTON, M.D. , Mayor City of Redding ATTEST: ETHEL A. NICHOLS , City Clerk FORM PPROVED: . 241 RA DALL A. HAYS, City Attorney -2- 1 LEASE THIS LEASE, made and entered into as of the 1st day of April, 1986 , by and between the CITY OF REDDING, al Municipal Corporation organized under the general laws of the State of California, hereinafter referred to as "LESSOR, " and MOTO ONE, INC. , a California Corporation, hereinafter referred to as "LESSEE" ; WITNESSET H: For and in consideration of the rents, covenants and agree- ments herein contained, LESSOR does hereby lease, demise and let unto LESSEE that certain real property consisting of 80 acres adjacent to the Redding Municipal Airport and depicted lin Exhibit "A" 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 . This Lease shall be for a period of one (1) year, commencing April 1 , 1986 , and terminating March 31 , 1987 . If all the terms and conditions contained herein are met, and if LESSEE' s use does not generate substantial complaints or inter- fere with Airport operations , and if the LESSOR does not require possession of the property for some other reason, a longer term may be negotiated prior to the expiration of this Lease. 2 . The premises are to be used by LESSEE solely for the purpose of operating a Moto Cross and BMX racing track and incidental activities, and for no other purpose. In this regard, 1 • • LESSEE shall provide the Director of Airports with thirty (30) days ' advance notice of scheduled events. 3. Rental for the 80 acres leased under this Agreement shall be the sum of $15. 00 per acre, for a total of One Thousand Two Hundred Dollars ($1 , 200. 00) for this one-year term, payable in advance on or before April 1 , 1986. Rental charges will be a subject of renegotiation pursuant to Paragraph 1 hereof at the 1 end of this one-year term. 4 . 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 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 conditions , 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 the result of such breach. 5 . 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 of the same, such failure on its part shall not be construed as a waiver of such conditions , covenants or agreements and the right of termi- nation shall remain in full force and effect unless expressly waived in writing, nor shall the right to give or withhold consent in any case be deemed to be waived on account of a prior -2- • waiver. 6 . 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. 7 . LESSOR or its agents shall have the right, on reasonable occasions, to enter into any part of the demised premises to ascertain and inspect their condition. 8 . LESSEE shall pay the cost of any extensions required to serve said premises with any utilities and, in addition thereto, LESSEE shall pay the cost for any utility service that is furnished to it at said premises. 9. LESSEE may use existing water wells on the leased premises , but shall assume all responsibility for any necessary development to obtain water therefrom; and LESSEE expressly understands and agrees that LESSOR does not guarantee the quality of any water obtained from this source, and LESSEE agrees to hold LESSOR harmless from any claims for damage or injury by any person alleged to be caused by poor quality of this water. 10 . This Lease shall be deemed forthwith terminated on the failure of LESSEE to comply with any lawful notice given by LESSOR to pay rent or to quit the demised premises, and LESSEE hereby agrees that it or any mortgagee of the term, orlany person interested in the continuance of the term, shall never make application for relief under Section 1179 of the Code of Civil Procedure for the State of California. -3- • • 11 . Should LESSOR be compelled to resort to legal action to obtain possession or to enforce any of the covenants of this Lease, LESSEE shall pay reasonable attorneys ' fees therefor and all other damages which LESSOR may suffer. 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 and 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 8801 Elmer Lane, Garden Grove, California 92641 . 13. LESSEE has inspected the premises and accepts them in an "as is" condition. LESSEE expressly holds LESSOR and LESSOR' s agents and employees harmless from any and all liability what- soever 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 animals of others , including animals belonging to other lessees of LESSOR occurring as a result of the existing condition of the fences around the demised premises or otherwise. 14 . LESSEE also expressly waives any claim that it may have for damage or injury as a result of Airport operations in the -4- • • area, and agrees to hold LESSOR harmless from any claims by any person for damage or injury as a result of Airport operations in the area, expressly the taking off and landing of aircraft. 15. LESSEE shall maintain, during the term of this Lease, public liability insurance insuring it and LESSOR herein in the sum of $100, 000. 00 for injury to one person, $500 , 000. 00 for any one accident and $50, 000. 00 property damage limits. 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 of Insurance evidencing such insurance, and naming LESSOR, its officers , agents and employees , as additional insureds, and guaranteeing LESSOR ten (10) days ' written notice prior to any cancellation or reduction in such coverage. Invalid insurance coverage, for whatever reason, shall be cause for immediate cancellation of this Lease. 16 . If LESSEE shall be adjudged bankrupt either by voluntary or involuntary proceedings, or if LESSEE should dis- continue 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 to -5- 411 re-enter said demised premises and take possession thereof. In no event shall this Lease be deemed an asset of LESSEE after adjudication in bankruptcy. 17 . LESSEE shall not, without the previous written consent of LESSOR, assign this Lease or any interest therein, nor underlet or sublet the whole or any part of said pre lises. Any purported assignment, either direct or by operation of law or under or in pursuance of any order, judgment, decree pr 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 subsequent assignment, but the prohibition against assignment without consent shall continue in force as against any assignee. 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 , 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, nor any public or private nuisance thereon. 20 . No trees are to be damaged or removed from the premises without obtaining prior consent in writing from LESSOR. 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 both parties hereto. -6- 110 22 . 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 which may be located on the premises during the term of this Lease, or any extension hereof. 23 . LESSEE shall maintain a fence along the north, south and west boundaries shown on Exhibit "A" hereto, namely a woven wire fence, commonly called a hog wire fence , with wood and metal post construction, at least four feet (4 ' ) in height, with a twelve foot (12 ' ) wide gate at the southwest corner of the leasehold, all as directed by the Director of Airports of LESSOR. LESSEE shall be responsible for keeping the entrance gate locked at all times that the track is not in use. 24 . LESSEE shall be responsible for providing all labor and paying all costs necessary to maintain the demised premises, including maintenance of fences , in good and clean repair and condition. If LESSEE desires to place any improvements on the subject premises or to demolish and remove any existing dilapi- dated and substandard improvements , LESSEE covenants and agrees that it will first obtain the consent in writing of LESSOR as to any such improvements, alterations or demolition. LESSEE expressly agrees that it will leave said premises at the termination of this Lease in a good and clean condition, including the removal of ruts and roadways installed by LESSEE for Moto Cross activities. A Three Thousand Dollar ('$3 , 000 . 00) performance bond will be established by LESSEE with LESSOR to -7- insure compliance. 25. LESSEE shall establish a road maintenance fund in an amount equal to ten cents (100 per paid track admission for the purpose of contributing toward the maintenance of the sixty-foot road which provides access to the demised premises. Deposits shall be made by LESSEE to said road maintenance fund on a monthly basis, and LESSOR shall have the right to inspect an account of said fund at any time upon request. Said fund shall be paid over to LESSOR upon demand at such time and in such amount as required to perform necessary road repairs. 26 . The County of Shasta issued a Use Permit to LESSEE, which LESSOR will honor, for its operations on the demised property, namely Use Permit No. 27-82 , a copy of which is attached hereto as Exhibit "B, " and the conditions contained therein, except Nos. 11 and 20 thereof, are incorporated herein by this reference. 27. No sale of alcoholic beverages shall be permitted on the demised premises, without the express permission of the City Council of LESSOR. 28 . The permitted hours of operation under this Lease shall be as follows: (1) For the Moto Cross, daylight hours only, and on Fridays , Saturdays, Sundays and holidays only; and (i2) for the BMX, daylight hours only; and when school is in session, on Fridays, Saturdays , Sundays and holidays only, and when school is not in session, it may be seven days a week. 29. Time is of the essence of this Lease and of each and -8- • • every provision hereof. 30 . The County of Shasta has approved a negative declaration in connection with this matter, and the parties hereto accept the findings of said agency. 31 . Either party to this Agreement may cancel same upon thirty (30) days ' written notice to the other party according to the provisions of Paragraph 12 above. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day and year set forth below. CITY OF RED ING DATED: 6//6 , 1986 By: L E D. FULTON, M.D. , -Mayor MOTO 4 E, . C. f DATED: -3 , 1986 BY: / BY: / �. N ATTEST: ETHEL A. NICHOLS, City Clerk FORM 3PPROVED: RArNDALL A. HAYS,/City Attorney -9 • ' 1 1 1 1 . . 1 , • ./LI . , • !),L.... ,,„:‘,,,,., 0 . 0 . 1 1 ' 1 tr, I ; .1 f . , ?.'.. : . i it.1 .'- ',(.2 -S•• ?; ;*.1 4,-,•1.1 • ''-'.. '; tirATP),-44.,...,,,-*,, .'k•!..-.,tifl..,4; I..,t-gi -- ',,... - - .t --.i:•.-7.,-G-I1,-r-4-1.4.*.1 eetli \\ . ,,,0 i 1 f ' 1 1 --i 11 -1-1--i--- `•--1,11 \ G'..* • -' ' _ . .___::::_. rr''' , . . ,..... / „.'• l...,....,„,,,Ot. ! I ; ' : • • e‘,...•,. .,%.3 .„--) )/I I . ' 1 77 1 ., • V,At!';4k, .,......„%ot i ,= ..f (41..; i'''•, I • ____ i,' I , I I . 1t..kEi . r 1 t:'''''.1 ___-- ,e,...,\c--, 1 c4::,” , .!.., ... , 4 i :.tg... . 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SUBJECT . . , of Shasta has n onsidcrred WHEREAS,T the Planning Co;nmission of t,)• Cc.wln't) 2Li��, essen, for a Shastayc lc and bicycle r.< cc- Use Permit No. 27--II2, filed b}' ]: � Ptanil:.n;;;; i)].V1`-�IOTI Land Us- c'%;ulatian:: and track, in accordance with Part 7 I. �tncl 5, Zoning, Section 1 3tiJ of the Shasta County Ordinance Code; , to Vi3r1-UL1S .�lfeC'ted public and WHEREAS, said Use Permit was referred c rSr De artments and the Staff Advisory Committee Tor . private agencies, County P t review and comments, and c anc� WHEREAS, a public hearing was held on. December 17, 1 81- . WHEREAS, the t r ETtviron;aerttal Revi.e:a Officer has reviewed the Use Permit , and recommends a specific environmental finding; and WHEREAS• , the Shasta County Planning Commi sior_ finds; . the use, building or That the establi• shment,:,zrtt, maintenance, or operation of II 1' will not, under the circumstances, of the particular . j;c?.C1]_:Lt J.C'-fi ��.pp li"ed for ecce, 'moats , comfort and saf et , case be detr'iT-:?i::nta1 •to the heal�tl], y p in neighborhood of the general :,'O]i 1rc O p�1 sons r E S_l_d residing or .�orY.i,t}; the 4 r O'., improvements E e • proposed use or be detrimental or injurious tG grope' '� '' e of the coup"t�r- in to the • general w ]i ar the neig:uoz :oo�a , project is consistent with both the city •o'- R,:d_`in anti 2. That the .px or:osed . . County General Plan. ' ` project wit]_ not interfere with the orderly operation of 3_ That the proposed . the Municipal Airport. ;a THEREFORE, BE IT RESOLVED that the Shasta County Planning Commission 120 g 7 *, II hereby adopts "the following environmental a inclin''+ A Mitigated egative Declaration ' • ETF RESOLVED that Elie ST]Esta County Manning motorcycle Commission hereby race- . BE IT 1 oRf r for a r, 'Use Permit No. 27-82, filed 1;} Mark Johan,:essen, • tract, subject to the .following listed conditions r�ene:ies s1?��].1 be met. 1. Permits and requirements ofall concernedovernrtcnt�tl a., • ident I. 1 ]1i permit is granted for uses and structures in he approved Frcvcd p tplot.io modifications may be approved by the Hanning Director At ) substantial . Minor will require C1ihCr i'TCnC1CnC 40 'th1; permitcnew ll ' pe , :11 . ht { noise• f conditionstrI3 level rcquireme3. The standard - will control the noise. generated from this pro sound t:]easurement s sh':11. be taken on a c�tl.i._r, attc.:d �t. meter, level l.l noise me Erne c ].cast rec,uircnt:_: for a type t; ;'tt the a..... t .T�-'1cJG1 , or a type • .!;ou meeting i.n American S a(nda rd I ` Sound lev l n eten as ;;peci.fi.ed ' v.i`rt?:} st..,utl�tt`d , the cu.r>^c:ra_ one 1)�iaVt; ANSI 2 meter meeting any tater rev 1.;1.T1--)O.iI.. ' .. .usr: l',1".1:I1',Ily 110e 2 -.VAGI.: . 1 410) _' . ,.. . . . . Voise' level leeadiare n.ga to be read on the A scale at the slow . ' . . - , c. Th noise levels are to be measured on the affected properity . . . . and not on the property of the pe.)-7mittee. The noise level - .. . . contributed by thepermittee to the affected property shall not. exceed the amblent •noise level by more than 3 decibels _ . measured on. the 4 scale. . . • . d. Th • . . . e Shasta County Ilealth Depaishallt- determine tho aie mbnt . o . background level. . . . ... . . . • • . • • . C. If the -property affected is in a commercial zone, the noise • • . .. .. levels specified lajr the 'Health Departnaybe e-v-eededi-by 5 . . • decibels measurea on the..A scale. If the propertyeffectpd is : . - • - . • . - an indust.rial, agricultural, .or unclassified .one, tbdi noise • 0 level 'specified may De- exceeded by 10 decibals measured on the . -- . . . e• • . . . . f. If the noise occurs less than 57 of any one hour period, the . . . levels may he exceeded by 10 decibels measured on the A scale. g. If the noise occurs less' than 20Z of any one hour period,. the . . o levels -may be exceeded by 5 decibels nveasured on the A scale. . • _ ___. . . • h. No vibrations transr-ltted by air or ground measurable wilthout • . inst•rue-ents shall be trans-1i tted to the affected property. . . . . • . I. All off-hi way vehicles shall be mufflad and .7ha1l not exec:ed. ' - . . the noise. cnergy. level standards contained in Section 3280 o)i . - the California Vehicle 'Code. Notwithstanding said Sectilon, all 0 pre-1972 manufactured off-highway vehicles shall not ex.eeed the • . . . . . • 1972.Standerds set forth in said Section. _ . . .. . • e- . • Defi .nitions:- . . . . • - 1 • . . . •• . • ' 1 • . . • - AN.abient Nois:r.;. shall mean all cncoL2a itig noise associated with a givenJ sually being a c • environment, uomposw ite of salines ith any sources.near andfar. e . . . • % . - . . . - . • 4. Any secondary ,:ource or:dust arising.from the motocross site shall • . _ ,I • • - • be c.ontrolledby water spray or other 17.-L1,111 „.. S 0 as to elim..onate. 'any dust miscluce. ••All• road• and parking area shall be maistaine.d in' a . . . . . . free condition. . . • 1 . . . , . . . . . . . _ ' 5. fl use permit shall he .revieall wed annuy for complace inwith con- . • .: Ion . . • dns itio , Additional condleions la;ty be reco-emended to t.11 , aecLse making body if deemed necessary by the Planning DlYeCtO ata Ll'IL . ' tir42.- . . , . . . . ' 6. 111 pertalttee shall notify the 'P:nnicipal Nirport lianager prior tou any events open to t.I. e public. • 1 . . : • . . 7. The per-mietee shall provide uniformed f;ecurity'personnel during ' 0 . nlv evene or function open to the publie. _ Such personnel shall prevent unsafe eneroachment in or near ail:port facilfties . . . . . . . . . , • , , . . A . . . YAG.t: . . . . . . 410) ' .. . , , • . . ! - . . . . • 8. Permittee shall complywith 'all- requirements set forth by the I . . Muni Airport Hanager .to maintain the safe and secure operation i . . . of the airport. • . . . 9. Permittee shall provide. keys to the Airport Manager for all gates constructed for thin project. • • 1' • . . . .. . 10. Thin projectSball not block or make _impassable ingress and Lgress 0 . to the remaining City owned property adjacent to. thin project to the south. • _ . . . . . _ . . . II. Ala. events proposed for thin property shall be during daylight hours. • • • . . . 12. Motocrosotrack shall be constructed and maintained at art elevationrot. . . lower than 455 feet above sea level; to stay above the ten (110) year . . . . floodplain .and prevent extensive erosion. . - .. • •• : - - • . . . - .. . 13. All abandoned portions of the track shall be revegetated witla native . grases; . . . s . . . . . . ,. . . , • • . . . . . • . 14. Motocross activities shall be limited to the track area depicted on . . • the apprbved plot plan. . (Exhibit A) . • . • ' - • • • . • . . . . • .15. Submit a letter and/or a copy of a contract to Division of Envi,rom- 1 . • mental health for review and' approval from supplier of approved 1 . chemical toilet units verifying that an initial ore (1) year period • . . . arrangement.ha:s been made with said supplier to provide and service . . . . said units a4 site pric,r tc :!=112=e 0.f .7f.'l prml_L- • _ , . • - . • I • 16. ,Submit a letter and/or a copy of a contract' to Division of.. Environ- • . . 0 ..-' - mental Eealth for review and approval i!rom supplier of apprved solid -o 0 . . • wAste containers verifying that an initial one 0.) year period. arrange- . - • • . • went has been- madeth said- supplier to provide and service said con.- . tainer units. at site prior to issuance of Use permit. •. • . . . . - • 17. Submit a letterand/or a copy of a contract to Division of Environ- .. ental Ecalth for review and approval from owner/permit:tee of approved . 1 : . temporary mobile food concession/catering intuits verifying that an 1 . . . initial one (1) year period arrangement has been made with said person • to provide said' units to use permit site prior to issuance of use permit. . • . .• . • ' • . 18. Inprove access road from entrance sate to parking area. 7,mpiovements shallinclude a 25' improved road section with a graveled and oiled - • (3 inch depth) road surface orpavement. . . . . • 19. rermitteu shallbe responsible:dor maintaining the subject prop1:ty in a neat and litter free condition. • . . , 20. Constru-t and maintain a minimum of a three (3);str:Ind wive Ilene() around the perimeter of the proposed activity arca for security purpoacs, • . . . , ' . • . . . . . . . ' . . . . • ., . . • , . • . . . ., . . i• . .• O . , te. . DULY PASSED this 17th day of December, 1901, by the following vote: • • AYES: Commissioners Albaugh, Reiner, Nurra)', I'riclii>n, Bosworth ' PUPS: None ABSENT: None . ' ABSTAIN: None - . RODEi;i oS4 WORTH Chairman planning Commission ••1. County of Shasta . ' • State of California AT- ST: C ' JO HUNTER, Secretary pL.nning Commission County of Shasta •State of California, . .:i • • t• • • .