HomeMy WebLinkAboutReso. 1986 - 155 - Approving the ground lease agreement between the city of redding and the state of califonia department of general services • 111
RESOLUTION NO. py,,,53'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE GROUND LEASE AGREEMENT BETWEEN THE CITY OF
REDDING AND THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL
SERVICES, WITH THE CONSENT OF THE DEPARTMENT OF FORESTRY,
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 Ground Lease Agreement between the City of
Redding and the State of California Department of General
Services , with the consent of the Department of Forestry;
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 Ground 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 Ground 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
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the City of Redding on the 7th day of July „ 1986 , and
was duly adopted at said meeting by the following vote:,
AYES: COUNCIL MEMBERS: Carter, Dahl , Gard, & Fulton j
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Johannessen
ABSTAIN: COUNCIL MEMBERS: None
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LEE D. FULTON, M.D. , Mayor
City of Redding
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ATTEST:
oei Lam( _ /
ETHEL A. NICHOLS, City Clerk
FOR PPROVED: fiv
"ate
RA DALL A. HAYS, C ty'.-dry}._.....---
Attorney
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GROUND LEASE
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This Lease is made and entered into this 1st day of May,
1986, by and between the CITY OF REDDING, a Municipal Corporation
and General Law City, hereinafter referred to as LESSOR, and the
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES, with the
consent of the DEPARTMENT OF FORESTRY, hereinafter referred to as
LESSEE. .
W I T N E S. S E T H
IT IS MUTUALLY AGREED by and between the parties hereto as
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follows:
1. Description of Premises. LESSOR hereby leaslls to LESSEE
and LESSEE hires from LESSOR, on the terms and conditions herein-
after set forth, those certain premises situate in thue County of
Shasta, State of California, shown on "' the Exhibit "A" legal
description and Exhibit "B" location map attached hereto and.
incorporated herein by reference.
Except as expressly provided to thecontrary in this Lease,
reference to "premises" is to describe :Land plus ar.y described
appurtenances, exclusive of any improvements now Ihereafter
located on the premises, notwithstanding that any such improve-
ments shall he constructed as affixed to and as constituting part
of the real property, and without regard to whether' ownership of
the improvements is in the LESSOR or the LESSEE.
2. Term. The term of this Lease shall be lifteen (15.'
years , commencing May 1 , 1986 , and ending Apra... 30 , 2001 .
3. Rent. The rent to be paid by LESSEE to TIESSOB under
this Lease Agreement shall be the sum of Fifteen Dollars
($15. 00) , paid in advance , without abatement deductiol) or offset.
4 . Uses . LESSEE shall use and permit the use of the
premises only for the construction, maintenance and operation of
an Air Attack Facility during the local fire scaso�n, whichis
normally from May 31 to November 15 Of each year.
. 'fit,
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5 . •Restrictions and Conditions .
A. . Premises are to be used principally for loading and
parking of aircraft utilized in the fire .suppression activities
of the California Department of Forestry and the United States
Forest Service.
B. No buildings or other structures are to be constructed
on the premises by LESSEE.
C. Parking areas are to be constructed by LESSEE to carry
aircraft with a wheel loading capability of 130,000 pounds or •
greater.
D. LESSEE will construct a six-foot high chaff -link fence.
- topped with three strands of barbed wire along the western
property line of the leasehold.
E. Ground-vehicle access to the premises is to be
controlled by the LESSEE in a manner consistent , with FAA
- Regulations.
F. Access over or across the leased area shall not ha
• permitted without specific permission in writing from LESSEE.
LESSEE hereby consents . to the - access to the leased premises . by
LESSOR for the •day-to-day operations of the Airport. •
G. Any navigation lights or taxiway striping to be placed •
on the leased premises by LESSEE are to be approved by LESSOR' s
Director of Airports and be consistent. with FICA Regulations .
H. If_ the Air Attack .Base is not completed by December 1 ,.
• 1988 ,•. this Lease is automatically terminated, and any
improvements made by LESSEE on the leased premises shall become
the property of LESSOR.
I . LESSOR reserves the right to use the premises for fire
and rescue missions relating to the Redding Municipal - Airport
operations. LESSEE hereby specifically consents to such use by
LESSOR.
J. Security lights are to be installed by LESSEE along the
western property line . of the leasehold, and are to be on during
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night hours . The light 'is not to intrude upon adjoining private
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properties or hinder aircraft using the Municipal Airport.
K. To the extent the LESSEE may legally do so:
i. LESSEE is to provide drainage as required by the local
Codes, and approved by LESSOR' s Director of Public Works .
ii. Off-premises drainage easements required to accommodate
development of the premises are to be acquired by and at the sole
expense of LESSEE and deeded to LESSOR by LESSEE.
L. As-built mylars of all improvements of the premises
shall be delivered by LESSEE to LESSOR' s Director of Public Works
within 20 days after a notice of completion is filed. ,
M. All Federal Aviation Administration IRules . and
Regulations are to be complied with in the development and use of
the premises by LESSEE.
N. Shrubs approved by LESSOR' s Planning Department are to
be planted and maintained by LESSEE along the west property line
for screening of the Airport and partial noise abutment, but in
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no case should they have impact on aircraft operations .
O. Once constructed, the facility shall he maintained in an
aircraft-ready condition by LESSEE.
P. At termination, abandonment of premises , cessation of
use, or revocation of this Lease, all improvements constructed on
the premises shall become the property of LESSOR at no cost to
LESSOR.
Q. LESSOR reserves the right to install underg'roun.d
utilities on the premises, provided 60 days ' advance notice is
given to LESSEE in each case . LESSOR shall correct any distur-
bance to the facility to the reasonable satisfaction of the
LESSEE.
6 : Subordination. No subordination of the LESSOR' s
interest in the premises will be permitted.
7 . Assignmentor Subletting. No assignment sof LESSEE ' s
interest or subletting of the premises is permitted.
8 . Indemnification. To the extent that they can legally do
so, and subject to the availability of funds , both. parties to •
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this Agreement agree to hold each other harmless against any and
all claims for injury to the person (s) or damage to the property
arising from the uses herein stated, except where such injury or
damage is .solely caused by the negligent or willful acts of the
other, its servants, agents or employees.
9 . Default; _Remedies.
A. LESSEE' s default. Each of the following events shall be
a default by LESSEE and a breach of this Lease: Abandonment or
surrender of the premises, or failure to pay rent when due, or
failure to perform as required as conditioned byl any other
covenant or condition of this Lease.
B. Notice and Right to Cure. Before pursuing any remedy
for an alleged default of LESSEE, LESSOR shall give notice of
default to LESSEE. Each notice of default shall specify in
detail the alleged event of default and the intended remedy.
LESSEE shall have a period of 30 days from the notice of default
to correct the alleged default.
10 . Notice . Notice is considered to be given when deposited
in the United States mail, certified mail, postage prepaid,
addressed as follows :
LESSOR: City Clerk
City of Redding •
760 Parkview Avenue
Redding, California 96001
LESSEE: Department. of Forestry
P.O Bax 944246 -
Sacramento, CA 94244-2460
11 . Expiration; Termination.
A. LESSEE ' s Duty to Surrender. At the expiration or
earlier termination of the term, LESSEE shall surrender to LESSOR
the possession of the premises. LESSEE shall leave - the
surrendered premises and any other property in good and clean
condition.
If LESSEE fails to surrender the premises at the
expiration or sooner termination of this Lease, LESSEE shall
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defend and indemnify LESSOR from all liability, expense, and
attorneys fees resulting from the delay or failure to surrender,
including, without limitation, claims made by any succeeding
tenant founded on or resulting from LESSEE' s !failure to
surrender.
B. Holding Over. This Lease shall terminate without
further notice at- the expiration of the term. Any holding over
by LESSEE after expiration shall not constitute a renewal or
extension or give LESSEE any rights in or to the premises, except
as otherwise expressly provided in this Lease.
C. Right to Terminate. LESSEE shall have the right to
terminate this Lease at any time upon giving 90 days ' written
notice to LESSOR. This right of termination shall not be
available to LESSEE until the improvements contemplated by this
Lease have been completed to the satisfaction of LESSOR.
IN WITNESS WHEREOF, this Lease has been executed by the
parties hereto as of the date first above written. This Lease
may be executed in two or more counterparts , each of rhich shall
be an original , but all of which shall constitute one and the
same instrument.
LESSOR: CITY OF. REDDING
By:
LEE D FULTON, M.D. , MAYOR
LESSEE: STATE OF CALJ. ORNIA, DEPARTMENT OF
GENERAL SERVICES; W. J. 'ANTHONY,
Director
By:
APPROVED fl
C,ENFRAI SFRVICES CONSENT: STATE OF CAI.T ?'rRNIA/DEPAR2MENT OF
Spec ManayenentDiv FORRESTRY; J RY ??AT=TAIN J iirector
MAY 21966 B A
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/ EGOS EVER
/r CHEF ENGINEER,
BY / DEPARTMENT OF FOU.5TV
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The foregoing Ground Lease dated May 1 , 1986, between the
CITY OF REDDING and the STATE OF CALIFORNIA DEPARTMENT OF GENERAL
SERVICES, with the consent of the DEPARTMENT OF FORESTRY, duly
executed on page five, is hereby approved as follows :
ATTEST:
ETHEL A. NICHOLS , City Clerk
FORM APPROVED:
RANDALL A. HAYS , City Attorney
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CDF
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Redding Air Attack Base
Shasta County, RO II
. Lease from City of Redding
Parcel Description
A portion of Section 22, T31N, R4W, MDB&M; beginning at SE corner Section 22,
a RR spike set by City of Redding to mark section corner location - Fall , 1978;
thence S 89 14' 59" -W 355.0 feet to true point of beginning,, then continuing S
89 14' 59" W 42.0 feet to a 2" pipe monument stamped
"Property" ,
LS 4416
Corner
1979
set to mark the NE corner of USFS property; then continuing S 89 14'59" W 2.53.0
feet more or less along the North line of USFS property to a point on westerly
edge of City of Redding property; thence North 536.0 feet long west line of
Redding city property to a point; thence N 89 14' 59" E 190. feet to a point;
thence South 386.0 feet to a point; thence N 89 14 ' 59" E 105.0 feet to a point;
thence South 150.0 feet to true point of beginning: being a parcel containing
2, 7 acres more or less.
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