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HomeMy WebLinkAboutReso. 1980 - 069 - Approving lease agreement with U.S. Department of Interior ;,RESOLUTION,,NO,. go-.6 C • A RESOLUTION OF THE CITY -COUNCI'L °OF° THE -CTTY OF REDDING . APPROVING LEASE AGREEMENT WITH U.S. DEPARTMENT OF INTERIOR, BASS MOUNTAIN RADIO.'REPEATER: SITE: AND ACCESS ROAD. WHEREAS, the U. S. Department of the Interior ha • s submitted for approval and execution by the City of Redding a Lease agreement under which the City will install radio trans- mission equipment in the Water and Power Resources Building at the Bass Mountain Radio Repeater Site, where communication facilities of the` Northern California Medical Care Council and the U. S. Forest Service also exist, and WHEREAS, the City Council has examined said Lease. . agreement and deems it to be in the best interests of the City and its citizens to approve same, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding hereby approves Contract No. 0-07-20- L134 , Lease of Bass Mountain Radio Repeater Site and Access . Road, and authorizes the Mayor to execute same on behalf of the City. 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 7th day of April i 1980 , and • was duly adopted at said meeting by the following vote: AYES : COUNCILMEN: Fulton, Gard, Kirkpatrick, Pugh, and Demsher NOES : COUNCILMEN: None ABSENT: COUNCILMEN: None A" EST: L 40, DONALD M. DEMSHER • 6/ � Mayor of the City of Redding MI DRED L. BRA.— ...N , W1erk FORM APPROVED: �Q R'.NDALL A. HAYS, .Cit . Attorney ` • 410 Contract No. 0-07-20-L1343 UNITED STATES DEPARTMENT OF THE INTERIOR WATER AND POWER RESOURCES SERVICE Central Valley Project, California LEASE OF BASS MOUNTAIN RADIO REPEATER SITE AND ACCESS ROAD--CITY OF REDDING THIS LEASE, made this day of , 19 , in pursuance of the Act of June 17, 1902 (32 Stat. 388) , and acts amendatory thereof or supplementary thereto, between THE UNITED STATES OF AMERICA, hereinafter styled the "United States" represented by the Contracting Officer of the Water and Power Resources Service of the Department of the Interior executing this lease and the CITY OF REDDING, California, a municipal corporation, hereinafter referred to as "City", acting by and through its City Council. WITNESSTH, THAT: In consideration of the rents and covenants herein specified, it is mutually agreed by the parties hereto as follows: 1. Subject to the conditions hereinafter set forth, the United States does hereby lease to the City for its nonexclusive use, a portion of the United States radio repeater site located atop Bass Mountain, Shasta County, California, in Section 7, Township 33 North, Range 4 West, M.D.M. , as shown in red on drawing number 214-216-357 marked Exhibit "A", attached hereto and made a part hereof. 7' U • • 2. The United States also consents to City's nonexclusive use of an access road easement of the United States extending on, over, and across Tract 2 as shown on attached Exhibit "A". The City shall obtain and hold at all times the necessary permission for use from the owners of the underlying fee, where applicable and pertinent hereto. 3. The City may occupy and use space in the two-room 13' x 17' concrete building situated on the above site, subject to the following conditions: a. City will make no space alteration, interior or exterior building changes, without prior written approval of the United States. Any such changes when approved will be made at the sole expense of the City. b. Facilities used by the City hereunder shall be maintained in a good, safe condition at the expense of the City and to the reasonable satisfaction of the United States. The United States reserves the right to inspect at periodic intervals, the facilities used by the City for compliance with the terms of this lease. 4. The term of this lease shall be for one (1) year from the date hereof. It may be extended upon prior written approval of the United States for successive additional periods of one year each, but in no event beyond five (5) years from date hereof, if City shall, at the time of its request for extension, have paid all previous rental due • 2 s • • 1 and if such extension is requested in the following manner and by observance of the following conditions: a. Such extension must be requested not later than 30 days prior to the termination of the lease as defined above, and if extended, not later than 30 days prior to the termination of each extension thereof. b. Such request must be accompanied by payment in advance to the United States at least 30 days prior to the termination of the lease, of the rental for the period for which the term is to be extended. Such request and such payment must be actually received by the United States at least 30 days prior to such lease termination. 5. The City will pay ONE HUNDRED DOLLARS AND N0/100 ($100.00) to the United States on date of execution of this lease and a like amount annually on each succeeding anniversary date throughout the terms of this lease or any extension thereof; PROVIDED, that use of the above-described facilities by the City does not interfere with use by the United States and that the City reaches an agreement and shares in operation and maintenance of the access road and other shared facilities as hereinafter set forth. " 6. The City agrees to enter into an agreement for sharing of the expenses of operation and maintenance of the access road and appurtenant facilities with the official of the United States Depart- ment of Agriculture, Forest Service, responsible for said maintenance by 3 • that certain Contract No. 14-06-200-8231A. 7. The City will construct, operate and maintain its communi- cation facilities and conduct its activities in full compliance with the laws of the State of California and with all laws, regulations and orders of the United States or any other public authority affecting the same. 8. All work to be performed by or for the City hereunder shall be accomplished in a good and workmanlike manner. If, at any time after installation of City's radio network, such network causes radio inter- ference with facilities of the United States, the City, in conjunction with the United States will perform such testing as may be required to determine the source of such interference and City will move or modify its facilities or any portion thereof so as to eliminate such inter- ference. 9. Upon termination of this lease, all structures and all accessories constructed or placed on or below the surface of the land by City shall be removed by City within 90 days after termination and the premises shall be restored to their original condition as nearly as possible, all at the sole cost and expense of the City. In the event that City fails to remove all of said facilities upon termination, the United States may remove them and make such restoration at the expense of City. 4 410 • 10. The City will arrange for and make payment for power service to operate its installed radio facilities. Such power service shall be installed, operated and maintained at no cost to the United States. 11. Either of the parties hereto may install a gate or gates as deemed necessary and shall supply and install its own locks, said locks to be installed so that either party can use the gate or gates. 12. Should the United States require use of the site, building facilities, or any portion thereof, covered by this lease, and if an agreement for non-interfering joint use cannot be worked out to the satisfaction of both parties, then this lease may be terminated follow- ing 90 days' notice in writing by the United States and such termination shall be effective on the 91st day following the date of said notice without further notice. 13. This lease or any interest herein shall not be assigned by City without the prior written consent of the officer executing this lease on behalf of the United States. Subleasing is not permitted. 14. City hereby agrees to indemnify and hold harmless the United States, its agents and employees, from any loss or damage and from any liability on account of personal injury, death, or property damage, or claims for personal injury, death, or property damage of any nature • whatsoever and by whomsoever made arising out of City's activities under this lease. 5 5 3 15. No member of or delegate to Congress or resident commissioner, shall be admitted to any share or part of this lease or to any benefit to arise therefrom, but this restriction shall not be construed to extend to this lease if made with a corporation for its general benefit. 16. City wr.rrants that no person or agency has been employed or retained to solicit or secure this lease upon an agreement or under- standing for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial agencies maintained by the City for the purpose of securing business. For breachor violation of this warranty, the Government shall have the right to annul this lease without liability or in its discretion to require the City to pay, in addition to the consideration, the full amount of such commission, brokerage or contingent fee. 17. The attached statement marked Exhibit "C" entitled Environmental Requirements, is by reference incorporated herein and • made a part hereof. IN WITNESS WHEREOF, the parties have hereunto subscribed their names as of the date first above written. THE UNITED STATES OF AMERICA By Regional Director. Water and Power Resources Service Mid-Pacific Region NOTED: CITY OF REDDING U. S. FOREST SERVICE By Mayor By By City Clerk 6 TQ e i Exhibit "B" • 111 ENVIRONMENTAL REQUIREMENTS 1, _ city — shall plan, construct, operate, main- tain, and manage all structures and facilities on the premises herein described so as to minimize adverse environmental consequences. In so doing, careful consideration will be given to alleviating potential harmful effects on, but not limited to, landscape soils , water, air, mineral , timber, or population or other animate resources. Prior to any artificial modification of the environment on the said premises, City will submit a draft detailed statement of environmental impact to the Regional Director, Mid-Pacific Region, Water and Power Resources Service, and such other reports as may now or hereafter be required. Such detailed statement shall state clearly and concisely, but not to limited to, (1 ) the environmental impact of the proposed action, (2) any adverse environmental effects that cannot be avoided, (3) alternatives to the proposed action, (4) the relationship between local short-term uses hereunder and the maintenance, and (5) any irreversible and irretrievable commitment of resources involved hereunder. No such artificial modification of the environment shall be undertaken without prior approval of the Water and Power Resources Service in writing. .4111 2. city • shall correct or modify any pollution of soil , air, or water and deterioration of living or inanimate resources caused by or resulting from exercise of the privileges • 1 granted herein in accordance with rules, regulations, and directives of the Secretary of the Interior, including but not limited to • aesthetic qualities of the environment, and in compliance with all Federal laws. Increased cost will •not justify noncompliance with environmental quality controls required by the United States. • 3. city • shall comply fully with all applicable Federal laws, orders, and regulations and the laws of the State of California , all as administered by appropriate authorities, concerning the pollution of streams, reservoirs , ground water, or water courses with respect to thermal pollution or the discharge of refuse, garbage, sewage effluent, industrial waste, oil , mine tailings, mineral salts, or other pollutants , and concerning the pollution of the air with respect to radioactive materials or other pollutants. • • • 2 4 • • . 110 • • 4. In the use of pesticides on the land covered by this contract, the city shall comply with all provisions of Federal and St:Ate pesticide laws and any amendments thereto. • City is specifically prohibited from using on said land any and all pesticides named on the "Prohibited List" attached hereto and any amendment thereto. Further, in the use of all • pesticides on lands owned by the United States , the city shall submit plans for such use annually and shall obtain prior written approval of the Contracting Officer for the United States before implementing said plans. • . . 3 M • POLICY ON PESTICIDES • Prohibited List Aldrin Amitrol Arsenical Compounds (inorganic) Azodrin • Bidrin DDT DOD (TDE) • 2,4,5—T Dieldrin Endrin Heptachlor Lindane Mercurial Compounds Strobane • Thallium Sulfate . Toxaphene Silvex (2,4,5-TP) • 4 (Rev. 11/79) .q