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HomeMy WebLinkAboutReso. 1986 - 285 - Approving the lease agreement between the city of redding and alton o. chatjam of pasture land on eastside road near the clear creek water plant • RESOLUTION NO. ,f7 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 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 Rlldding 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 docu- ments, 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 20th day of October , 1986 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Johannessen, & Fulton NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dahl & Gard ABSTAIN: COUNCIL MEMBERS : None Z LEE D. FULTON, M.D. , Mayor City of Redding ATTEST:G Ad Ae. FOR APPROVED: ETI4EL A. NICHOLS, Cit, Clerk NDALL A. HAYS, City Attorney by Connie Strohmayer, Deputy • • LEASE THIS LEASE made and entered into this /COL day of 11C-IOC k__ 1986 , by and between the CITY OF REDDING, a Municipal Corporation and general law city, hereinafter referred to as "Lessor, " and ALTON O. CHATHAM of 2624 Freebridge Street, Redding, California 96001 , hereinafter referred to as 'Lessee" : WITNESSET H: 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, the latest Lease Agreement between the parties expired on February 28 , 1986 , and the parties wish to enter into a new Lease Agreement at this time; 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 II one (1) year commencing March 1 , 1986 , and terminating • February 28 , 1987 , for a total rent of Four Hundred Ten Dollars ($410. 00) payable on or before execution of this Agreement. 2 . 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 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. 3. 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 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 waiver thereof. 4 . Lessee , in conducting business on said premises , shall comply with all laws governing the conduct of such business. 5 . Lessor or its agents shall have the fright, on reasonable occasions , to enter any part of the premises to inspect the condition thereof. -2- • • 6 . The premises shall be used solely for pasturing cattle and/or horses and activities incident to such operations . 7 . 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. 8. Lessee shall pay the cost of any extensions required to serve said leased premises with any utilities, and in addition thereto Lessee shall pay the cost for any utility service that is furnished to him at said premises. 9 . This Lease shall be deemed to be terminated forthwith on the failure of Lessee to comply with any lawful notices given by Lessor to pay rent or quit the premises, and Lessee hereby agrees that he or any mortgagee of the term or any person interested in continuance of the term shall never make appli- cation for relief under Section 1179 of the Code of Civil Procedure of the State of California. 10 . Time is of the essence of this Lease and of each and every provision thereof. 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. -3- i • 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 , postage prepaid, certified mail , addressed as follows: to Lessor at 760 Parkview Avenue , Redding, California 96001 ; and to Lessee at 2624 Freebridge Street, Redding, California 96001 . 13. 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. 14. During the term of this Lease, Lessee shall maintain public liability insurance insuring himself and Lessor herein in -4- the sum of $100 , 000 . 00 for injury to one person, $300 , 000 . 00 for any one accident, and $50 , 000. 00 property damage li�its; such insurance shall protect Lessor, its agents , officers and employees , and Lessee 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. 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 the herein 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 premises , Lessor shall have the option to forthwith terminate this Lease and 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. 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 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 -5- 411 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. 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 any work at any time is commenced on said premises . 18 . 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. 19. Lessee agrees that he will not commit any waste on said premises, nor any public or private nuisance thereon. 20 . 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 heirs, executors, personal representatives , administrators , successors and assigns of the respective parties hereto. -6- , , • • 21 . 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. 22 . 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. 23 . Either party to this Lease may terminate it on one hundred twenty (120) days ' notice in writing to the other party hereto in advance. In this connection, it is covenanted and agreed that if this Lease is cancelled by either party pursuant to this paragraph, there shall be no obligation upon Lessor to save and protect or conserve any crop or crops growing upon the demised premises which have been planted thereon by Lessee, but that it shall be the obligation of Lessee to harvest said crop or crops by the date of cancellation or to abandon said crop or -7- • crops; Lessee shall remove any and all other improvements or personal property of Lessee from the premises on or before said date of cancellation. IN WITNESS WHEREOF, the parties hereto have hereunto executed this Lease the day and year first above written. CITY OF REDDING, Lessor By: LEE D. FULTON, M.D. , Mayor ALTON 0. CHATHAM, Lessee ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney -8- EXHIBIT "A" All that portion of Section 31 of the P. B. Reading Grant described as follows: PARCEL 1 : Beginning at a point on the northeasterly line of the Southern Pacific Railroad Right-of-Way at a cross on the headwall of the Anderson-Cottonwood Irrigation District siphon; thence N. 42°30 ' E. , 1019. 20 feet; thence S. 48°24 ' E. , 660. 00 feet to the north- westerly line of Metz Road; thence along said line S. 42°30 ' W. , 1019. 20 feet to the northeasterly line of the Southern Pacific Railroad Right-of-Way; thence along said line N. 48°24 ' W. , 660. 00 feet to the point of beginning. Excepting therefrom the southwesterly 40. 00 feet lying within the Eastside Road Right-of-Way. Containing 14. 84 acres. PARCEL 2 : Beginning at a point on the northeasterly line of the Southern Pacific Railroad Right-of-Way, said point being S. 48°24 ' E. , 700 . 00 feet from a cross on the headwall of the Anderson- Cottonwood Irrigation District siphon; thence along Ithe south- easterly line of Metz Road N. 42°30 ' E. , 1685. 24 feet; thence leaving said line S. 14°30 ' 30" E. , 364. 56 feet; thence S. 16°50 ' 39" E. , 247. 40 feet; thence S. 27°06 ' E. , 81 . 20 feet; thence S. 16°11 ' E. , 96 . 90 feet; thence S. 0°20 ' 03" IE. , 135. 10 feet; thence S. 2°27 ' W. , 385. 20 feet; thence S. 27°37 ' E. , 664. 63 feet; thence S. 41°36 ' W. , 635. 00 feet to tithe north- easterly line of said Southern Pacific Railroad Right-of-Way; thence along said line N. 48°24 ' W. , 382. 50 feet to a 1point that bears S. 48°24 ' E. , 482. 50 feet from the westerly corner of the Shier lands as shown on the map recorded May 1 , 1923 , in Book 2 of Land Surveys at page 53 , Shasta County Records; thence N. 41°39 ' E. , 605. 18 feet; thence N. 27°37 ' W. , 131 . 58 feet; thence S. 41°39 ' W. , 133. 72 feet; thence N. 48°24 ' W. , 359. 01 feet; thence S. 41°36 ' W. , 518. 66 feet to the westerly corner of the Shier lands and to the northeasterly line of said Southern Pacific Railroad Right-of-Way; thence along said line N. 48°24 ' W. , 787 . 80 feet to the point of beginning. [Continued on page 10] -9- • . . 1 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- IIT 1 I I i4 J :) S 1 iI',11, 4,i-- y _ i n i Ok V C Id y . el 1 J i 1 y I 1 �. Pi R� 01! a s..1 I o : l y `. % 'd 41 II al y 1. ( v RI- v t , `` i :74-1 .5 ` s s a N. \kt J� ''� � . O ' li. .,�. 4.., / FY o ; - 5'41i'3?n: . - I I .,n 9 ' ti, 4. two U y .... bt (msss' b m _.� _ ut 11 : I rn Oen 0