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HomeMy WebLinkAboutReso. 1987-351 - Approving the Lease Agreement Between the City of Redding and Alton O. Chatham of Pasture Land Known as the Old Enterprise Sewage Treatment Plant, and Authorizing the Mayor to Sign Same • • RESOLUTION NO. p y-.1S I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING AND ALTON 0. CHATHAM OF PASTURE LAND KNOWN AS THE OLD ENTERPRISE SEWAGE TREATMENT 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 Redding and Alton 0. 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 17th day of November , 1987 , and was duly adopted at said meeting by the following vote : AYES : COUNCIL MEMBERS : Fulton, Gard, Johannessen, & Carter NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS : Dahl ABSTAIN: COUNCIL MEMBERS : None „--k1/6101, 6/7aA- SCOTT CARTER, Vice-Mayor City of Redding ATTEST : y �� �� FORM PPROVED : � ETHEL A. NICHOLS , City Clerk RA DALL A. HAYS , Zity Attorney 6C LEASE THIS LEASE made and entered into this 29th day of October , 1987 , by and between the CITY OF REDDING, a Municipal Corporation and general law city, hereinafter referred to a: "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 parcel: of City-owned property, and has continued to keep all the terms and conditions of his Lease Agreements with City; and WHEREAS, Lessee now wishes to renew his lease of City-owned property generally known as the Old Enterprise Sewage Treatment Plant, for pasture land; 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 one ( 1 ) year commencing November 1 , 1987 , and terminating • October 31 , 1988 , for a total rent of One Hundred Fifty Dollars ($150 . 00) payable on or before execution of this Agreement. 2 . 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. 3 . The premises shall be used solely for pasturing cattle and/or horses and activities incident to such operations. 4 . Lessee, in conducting business on said premises , shall comply with all laws governing the conduct of such business. 5 . 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 -2- unto him. Lessee further agrees to leave said premises in a good and clean condition at the termination of this Lease. 6 . 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 . 7 . 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. 8 . Lessee agrees that he will not commit any waste on said premises , nor any public or private nuisance thereon. 9 . 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 . -3- • 10 . It is understood and agreed as a condition of this Lease that Lessee shall , at his own expense, obtain and keep in full force and effect public liability insurance in the amounts of $300 , 000 . 00 for injury to one person, $500 , 000. 00 for any one accident, and $50 , 000 . 00 for property damage , and shall name Lessor, its officers , agents and employees , as additional insured, and shall further contain a provision obligating the insurance carrier to notify Lessor in writing at least ten ( 10) days prior to any cancellation or reduction of such insurance. A Certificate of Insurance evidencing such coverage and notice requirement shall be approved by the City Attorney and filed with the City Clerk of Lessor prior to the first usage of the demised premises under this Lease Agreement. 11 . Lessor or its agents shall have the right, on reasonable occasions , to enter any part of the premises to inspect the condition thereof. 12 . 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. 13 . 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 he -4- • • 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. 14 . 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 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 . 15 . 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. 16 . This Lease shall be deemed to be terminated forthwith on the failure of Lessee to comply with any lawful notices given -5- • • Dy Lessor to pay rent or quit the premises , and Lessee hereb} agrees that he or any mortgagee of the term or any persor interested in continuance of the term shall never make appli- :ation for relief under Section 1179 of the Code of Civil ?rocedure of the State of California . 17 . Should Lessor be compelled to resort to legal action tc )btain possession or to enforce any of the covenants of this Lease, Lessee shall pay reasonable attorneys ' fees therefor anc all other damages which Lessor may suffer. 18 . If Lessee should be adjudged bankrupt , either b} ✓oluntary or involuntary proceedings , or if Lessee shoulc 9iscontinue business or fail in business, or abandon or vacate said premises , or make an assignment for the benefit of :reditors , or the herein demised premises should come intc possession and control of any trustee in bankruptcy, or if an} Receiver should be appointed in any action or proceeding witi Dower to take charge , possession, control or care of said demisec premises , Lessor shall have the option to forthwith terminate this Lease and re-enter said demised premises and take possessior thereof. In no event shall this Lease be deemed an asset of Lessee after adjudication in bankruptcy. 19 . 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 properl} 3iven when made in writing, enclosed in a sealed envelope , anc -6- 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 . 20 . 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 crops; Lessee shall remove any and all other improvements or personal property of Lessee from the premises on or before said date of cancellation. 21 . This Lease shall continue in full force and effect until the 29th day of February, 1988 , and thereafter from year-to-year on an automatic renewal basis, unless written notice of any change in the terms hereof or of termination shall be given by either party ninety (90) days prior to said change or termination. 22 . 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 -7- binding upon the heirs , executors , personal representatives administrators, successors and assigns of the respective partie hereto. 23 . Time is of the essence of this Lease and of each an' every provision thereof. IN WITNESS WHEREOF, the parties hereto have hereunt' executed this Lease the day and year first above written. CITY IOF REDDING , Lessor By : MIKE L, Mayor ALTON O. CHATHAM, Lessee ATTEST: ETHEL A. NICHOLS , City Clerk ATTEST: RANDALL A. HAYS, City Attorney -8- EXHIBIT "A" The real property situate in the County of Shasta , State of California , described as follows : Beginning at a point on the northerly section line of Section 17 , Township 31 North, Range 4 West, which bears S. 89 °33 ' 34 " W. , 30 feet from the northeast corner of said Section 17 , as shown in Book 30 of Land Surveys at page 30 , Shasta County Records ; thence leaving said section line , S. 0°03 ' 26" E. , 1 , 337 . 27 feet; thence N. 89°37 ' 36" E. , 30 feet to a point on the easterly section line of said Section 17 ; thence on and along said section line, S. 0°03 ' 26" E. , 1 , 333. 31 feet to the east quarter corner of said Section 17 ; thence S. 89°41 ' 39" W. , on and along the midsection line of said section , 1 , 322 . 01 feet; thence N. 0°04 ' 06" W. , 1 , 331 . 75 feet; thence S. 89°37 ' 36" W. , 1 , 322. 27 feet; thence N. 0°04 ' 45" W. , 120 feet more or less to the center line of Churn Creek; thence on and along the centerline of Churn Creek in a northwesterly direction to the point of intersection with the northerly section line of Section 17; thence on and along said section line N. 89°33 ' 34 " E. , 2 , 975 . 08 feet more or less to the point of beginning. Containing 132 . 30 acres , more or less . rr` = ' tom/ AIli r - "'7=-'-fri : ( • 9 - ---.. . 1'T • t ^ [ : 1 1 -._ pi . 1... .. . .• • ` - [- c k\.6; coz.6SCA . ) — E ---- ,33 r ' ' ' '= i -- '�� 7 - .I i •9'3 -.S—Z97�-o9_ �•� s J i. Q s: ' s.i I !: . , a • . ig I � �— . t \ _I L—IZO �.. r I - � — d I` - ` lei_. ..J { 5 1}9-4"1•'��VI Pr/Z.01 — .._ 1 . l I I. ,1 LI J -------- -- t : : ..I.---::17-1::-:-- \ \.1, \E . ......, . r_.... . , . : .: . . ..„. _ _ • o ,• , (i_d_i___HI� t „1.. 1 �°� J _ j _ �r-r;--�� iii ----: \-.. // �- — — EXHIBIT "B" ii, 1 �� Z/.. . ... 1 .. . •-•,..,,. .Arecre ,,. .