HomeMy WebLinkAbout _ 4.11(e)--Award RFP Schedule 5480 for Livestock Pasturing � � �' � � �
� � � ' � �' � � ' � ` CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: June 18,2024 FROM: Michael Webb, Public Works
ITEIVI NO. 4.11(e) Director
***APPROVED BY***
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mwebb@cityofredding.org btippin@cityofredding.org
SUBJECT: 4.11(e)--Award Request for Proposal Schedule 5480 for Livestock Pasturing
Recommendation
Authorize the following actions relative to Request for Proposals No. 5480, to provide livestock
pasturing at the Stillwater Business Park:
(1) Award the Lease Agreement to the Ault Ranch for an initial term of Ju1y 1, 2024, through
July l, 202'7, with two one-year options to extend the term, at a rate of$5,000 annually,
with a two percent cost increase each year;
(2) Authorize the Mayor to exeeute the Lease Agreement with the Ault Ranch; and
(3) Authorize the City Manager to approve Lease Agreement amendments when Stillwater
Business Park development parcels are sold, and approve Lease Agreement extensions
when the initial term has passed.
Fiscal Impact
Approval of the lease agreement will generate $5,000 annually for the General Fund, with an
annual rent increase of two percent per year.
Alte�native Action
The City Council (Council) may choose not to approve the Lease Agreement and direct staff to
pursue alternative direction. This action would postpone grazing at the northern portion of
Stillwater Business Park (SBP) pending the outcome of the alternative direction given by the
Council.
Backg�ound/AnaZysis
Approximately 275 acres of property at the SBP are available for livestock pasturing. The City of
Redding's (City) current five-year lease agreement will expire on June 30, 2024.
Report to Redding City Council June 10,2024
Re: 4.12(e)--Award RFP Schedule 5480 for Livestock Pasturing Page 2
A Request for Proposals (RFP) to lease the property was advertised by the City's Purchasing
Division on May 1, 2024. The City directly solicited 10 persons or companies known to be
interested in this type of opportunity, as well as two Cattlemen's associations and the Shasta
County Department of Agriculture. The RFP was also advertised in the local newspaper as well
as on the City's website. On Tuesday, May 28, 2024, the City received a submission from one
proposer.
A review committee was assigned to assess the proposal to determine if the candidate is best
qualified to provide the grazing in the environmentally sensitive open-space and business park
area. The review committee was comprised of five staff inembers from three City Departments.
Each committee member reviewed, evaluated, and scored the proposal independently. The
selection process included evaluation of the proposal based on the proposer's ability to
financially meet the required grazing responsibilities, a demonstrated understanding of the SBP
Grazing Plan (Exhibit B of the subject Lease Agreement), and experience providing grazing in a
similar environment. In addition, proposers are required to submit their highest initial 12-month
payinent. The committee reviewed and ranked the proposal, and determined that the proposal
submitted by the Au1t Ranch meets the qualification criteria. The Ault Ranch cost proposal is
$5,000 annually.
The City has held lease agreements with the Ault Ranch, which is owned by Dave and Liz Ault,
for approximately 13 years. The Ault's have been a valuable asset to the City by working with
the neighbors to ensure the perimeter fences are stock tight, coordinating with the new property
owners when SBP properties are so1d,reporting illegal dumping, preventing illegal encampments
from establishing, and protecting the conservation easement lands by being good stewards of the
environment.
The staff recommendation is to award to the Ault Ranch the three-year lease, with two potential
one-year extensions. The annual lease payment will increase automatically by two percent each
year and will be adjusted if any of the parcels are sold for development. Either party may
terminate the lease at any time with 30-days prior written notice. This action would allow for
livestock grazing at the SBP to help with vegetation management and to meet the required
environmental resource values.
Envi�onmental Review
On April 18, 2006, the City Council Adopted Resolution No. 200658 certifying and approving
the Environmental Impact Statement and Environmental Impact Report EIS-EIR-100 prepared
for the SBP Project, adopting the Mitigation and Monitoring Program, making Findings of
Significant Effects, approving a Statement of Overriding Considerations; and adopting the Final
Environmental Impact Statement in compliance with the California Environmental Quality Act
(CEQA).
This action, approval of the Lease Agreement, is directly related to the previously approved SBP
Project and a CEQA Notice of Determination will be filed with the Shasta County Clerk's office
within five working days after City Council approval, pursuant to the CEQA Guidelines Sections
15094 and 21152.
Report to Redding City Council June 10,2024
Re: 4.12(e)--Award RFP Schedule 5480 for Livestock Pasturing Page 3
Council Priority/City Manager Goals
This agenda item is a routine operational item.
Attachments
^Location Map SBP Grazing Area
SWBP Lease Agreement
STILLWATER BUSINESS PARK
Northern Grazing Area
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P:\Environmental Management\MapDocuments\StiiiwaterGrazingArea_NorthernPortion.mxd EXHIBIT "�"
Date Updated:May 4,2022
LEASE AGREEMENT
THIS LEASE is made by and between the City of Redding, a Municipal Corporation
(hereinafter referred to as "City"), and Ault Ranch (hereinafter referred to as "Lessee".)
RECITALS
A. The City owns and operates the Stiliwater Business Park(hereinafter referred to as
the "Business Park"}.
B. The Lessee desires to lease and occupy certain ground at the Business Park for the
purpose of pasturing livestock.
C. The City Council has determined that these agricultural activities are compatible
with the City's Open Space Management Plan for the Business Park and that the
best interest of the public and the City will be served by approval of this Lease
agreement.
AGREEMENT
l. PREMISES
Lessee leases from the City and the City leases to Lessee on the terms and conditions
contained in this Agreement, approximately 275 acres of City property, as described and
depicted on Exhibit"A" attached hereto and incorporated by reference herein(hereinafter
referred to as the"premises".)
2. TERM
A The initial term of this Lease (hereinafter referred to as "Agreement") shall be for
a period of three (3) years commencing on July l, 2024 and expiring on July l,
2027.
B So long as Lessee is not in default under this Agreement and subject to Section
2.C., Lessee shall have two (2) one-year options to extend the term of this
Agreement. If Lessee exercises such options, all of the terms and conditions of this
Agreement shall remain in full farce and effect, with the exception of this clause
covering Lessee's options to extend the term of this Agreement for further terms.
Lessee shall exercise the option to extend the term by written notice to the City no
less than sixty{60) days prior to the expiration of the initial or first option term, if
any.
C Either party shall have the right to terminate this Agreement without cause by '
giving written notice of such termination at least thirty (30) days prior ta
termination.
D If during the lease period,the City needs use of some of the acreage for the purpose
of the Stillwater Business Park, Lessee agrees to enter into an amendment of the
Lease to account for the reduction in leasehold and City shall adjust rent due on a
pro-rata basis determined by acreage.
3. USE
A The Premises are leased to Lessee for the sole purpose pasturing livestock. Lessee
shall not use or permit the Premises to be used for any other purpose without the
prior written consent of City.
B Livestock shall be contained within the designated pasture area at all times.
C Lessee shall not engage in the sale or provision of alcoholic beverages at the
Premises without the prior written consent of the City.
D Lessee shall provide water for livestock, as Lessee deems necessary.
4. RENTAL PAYMENTS
A Initial Term. The rent to be paid by Lessee to the City under this Agreement shall
be based on the proposal amount of Eighteen Dollars and Eighteen Cents ($18.18}
per acre for 275 acres, for a total amount of Five Thousand Dollars ($5,000)
annually or Four Hundred Sixteen Dollars and Sixty-Seven Cents ($416.67) per
month. At the end of each year, the annual rent to be paid by Lessee to the City
under this Agreement shall be equal to the sum of the then current annual rent
increased by two percent {2%).
B Option Term(s). At the commencement of the First Option Term and Second
Option Term, if any, the annual rent to be paid by Lessee to the City shall be equal
to the sum of the then current annual rent increased by two percent(2%).
C Lessee shall pay to the City all rent for the Premises, without deduction, set off,
prior notice or demand on or before the first(1 st)day of July annually after the first
twelve (12)month period. Payments not paid when due are subject to late fees and
penalty charges as shown in the City's then current Schedule of Fees and Charges.
D All fees required under this Agreement shall be paid to City, addressed to the City
Treasurer, at 777 Cypress Avenue, Redding, California 96001, or any other place
or places that City may designate by written notice to Lessee.
5. SECURITY DEPOSIT
A Lessee shall post with the City Clerk of the City a security deposit in the form of a
cash ar check in favor of the City in the amount of One Thousand Dollars
($1,000.00)to assure payment under the terrns of this Lease.
B The security deposit shall also be available unconditionally to City for correcting
any default or breach of this Lease by Lessee. At the sole discretion of the City, a
claim may be made by the City against the security deposit in the event of one of '
the following:
i. Failure on the part af Lessee to make timely payment of any amount due
the City under the terms and conditions of this Lease;
ii. Any damage to or loss of City property caused by Lessee, its officers,
employees,agents and invitees,or Lessee's activities pursuant to this Lease;
iii. Failure to pay other charges, if any;
iv. Removal expenses incurred by the City if Lessee does not promptly remove
Lessee's property from the City's property after this Lease expires or is
terminated; or
v. Costs incurred by the City at the time this Lease expires or is terminated if
Lessee fails to leave the property in satisfactory condition.
C A claim made by the City against the security deposit shall not cure the default by
Lessee. However, at the City's sole discretion, if the City elects to make a claim
against the security deposit, the City may, in writing, expressly waive the default
by Lessee.City has no obligation to provide notice to Lessee prior to claiming funds
from the deposit.Upon written notice by the City that a claim has been made against
the deposit and the arnount of such claim, Lessee shall, no later than ten (10)
calendar days after notice is deemed received by Lessee pursuant to Section 23,
deposit with the City the amount of said claim thereby fully funding the deposit.
D Upon termination of this Lease, City shall return to Lessee that portion of the
security deposit remaining after any deductions authorized by this Lease or
otherwise authorized by law. Lessee shall not be entitled to any interest on any
portion of the security deposit.
E. City, in its sole discretion, shall have the right to eliminate or adjust the amount of
security deposit. At no time,however, shall an upward adjustment in the amount of
the security deposit exceed one-half the annual rental fee.
6. UTILITIES
Lessee shall make arrangements for the provision and payment prior to delinquency of any
and all utilities furnished to the Premises, including without limitation, electricity, gas,
water, telephone, garbage and rubbish removal, and other public utilities. The City shall
have no responsibility to pay for utilities furnished or extensions required to furnish utilities
to the Premises, and Lessee shall hold the City free and harmless from all charges for the
furnishing of utilities to the Premises.
7. TAXES
Lessee is advised that,pursuant to Revenue and Taxation Code'107.6,a possessory interest
subject to taxation may be created by the grant of this lease and that Lessee may be subject
to the payment of property taxes levied upon the interest. Lessee shall promptly pay before
delinquency any taxes and/or special assessrnents assessed against the Premises and any
improvements and/or Lessee's personal property,and any possessory interest tax levied by '
reason of its use and/or occupancy of the Premises. On demand from the City, Lessee shall '
furnish the City with satisfactory evidence of these payments.
8. NO EXCLUSIVE USE
Nothing contained in this Agreement shall be construed as entitling Lessee ta the exclusive
use of any services, facilities, or property rights of any nature on the Premises, except the
use of the Premises for the purpose and approved use set forth in this Agreement.
9. MECHANIC'S LIENS
Lessee shall keep the Premises free from any liens arising out of any work performed,
materials furnished, or obligations incurred by Lessee.
10. WASTE; QUIET CONDUCT
Lessee shall not commit or suffer to be committed any waste upon the Premises, or any
nuisance or other act or thing which may disturb the quiet enjoyment of any other occupant
of or user of the City's adjoining property.
11. STORAGE
Lessee shall not store any chemicals or farming equipment on the Premises without the
prior written approval of the Environmental Compliance Manager. In conjunction with
approval of the Environmental Compliance Manager, the storage of hazardous materials
will also require appropriate permits from the Redding Fire Department, Shasta County
Environmental Health and the Shasta County Agricultural Commissioner.
12. MAINTENANCE; ALTERATIONS
A Lessee shall, at Lessee's sole cost and expense and at all times during the term,
maintain the Premises in a safe and attractive condition and in the same condition
as received at the beginning of the term, ordinary wear and tear excepted. Lessee
shall do, or cause to be done without delay, all those things which, in the opinion
of the Environmental Compliance Manager, are necessary or desirable in the
interests of safety or to maintain the Premises in good repair and appearance. All
damage caused to the Premises by Lessee, its officers, employees, agents and
invitees,shall be repaired at Lessee's sole expense.Lessee understands that existing
fencing may not be adequate for enclosing livestack and that lessee shall repair,
install and maintain all fencing necessary for the purposes set forth herein.
B Lessee understands that the Stiliwater Business Park Livestock Grazing Plan is
described and depicted in Exhibit"B" and attached hereto (hereinafter referred to
as "Plan"). The Lessee shall be familiar with and abide by the provisions of the
Plan and will provide grazing information to the City as requested, which shall be
consistent with the Plan, including but not necessarily limited to the number and '
type of animals grazed, residual dry matter (RDM) estimates, and number of days
to be grazed.
C. Before livestock pasturing activities are initiated each year, the grazing capacity
will be calculated utilizing residual RDM values, visually estimated, prior to the
first effective rains, and used as a baseline for the initial management goal. All '
grazing activities, including RDM estimates, will be in concurrence with the Plan. '
D. Lessee shall not make or cause to be made any aiterations or improvements to the
Premises withaut first securing the prior written consent of the Environmental
Compliance Manager. The Environmental Compliance Manager may impose
restrictions upon any proposed alterations or improvements. All such alterations or
improvements shall comply with City's policies and all applicable building,zoning
and fire codes. Upon the termination of this Agreement, at the sole option of the
City: (1) The alterations or improvements shall become the property of City and
shall remain on the Premises; or (2) Lessee shall remove all alterations ar
improvements and return the Premises to the City in substantially the same
condition as the Premises existed at the commencement of this Agreement,normal
wear and tear excepted.
13. RIGHT TO INSPECT
A The City and its authorized officers, agents, employees, volunteers, contractors,
subcontractors and other representatives shall have the right to enter and inspect the
Premises for any purpose, including, but not limited to, the following:
i. To inspect the Premises at reasonable intervals to determine whether Lessee
has complied with or is complying with the promises,terms, covenants and
conditions of this Agreement;
ii. To make repairs,additions,ar alterations as may be necessary or convenient
for the conduct, safety, improvement, or preservation of the Premises;
iii. For emergency purposes, and
iv. In the exercise of the City's police power.
B No inspection by or on behalf of the City of the Premises shall cause or constitute
a termination of this Agreement, or be deemed to constitute an interference with
Lessee's possession or use thereof.
14. INDEMNIFICATION
A Lessee shall indemnify and defend the City,its officers,officials,employees,agents
and volunteers against and hold them harmless from any and all claims, losses,
damages, and liability for damages, including attorneys' fees and other costs of
defense incurred by the City, whether for damage to or loss of property or injury to
or death of person(s), including properties of the City and injury to or death of the
City's officers, officials, employees, agents and volunteers, arising out of or
resulting from Lessee's possession or use of the Premises or activities hereunder or
from the actions of Lessee's officers, employees, agents and invitees, unless such
damage, loss, injury or death is caused by the sole negligence of the City.
B Lessee shall indemnify and defend the City,its officers,officials,employees,agents
and volunteers from any and all suits, claims, damages and penalties, and liability '
for the same including attorney's fees and other costs of defense incurred by the '
City for Lessee's violation of the Endangered Species Act(16 U.S.C '1531,et seq),
the Clean Water Act, and the California Fish and Game Code or any regulatory
permit issued by a state or federally agency to the City, arising out of, ar resulting
from, Lessee's possession or use of the Premises.
C The obligation to indemnify, protect, defend, and hold harmless set forth in this
Section applies to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits of said insurance policies do not act as a
limitation upon the amount of indemnification to be provided by Lessee.
D City shall have the right to approve or disapprove the legal counsel retained by
Lessee pursuant to this Section to represent City's interests. City shall be
reimbursed for all costs and attorney's fees incurred by City in enforcing the
obligations set forth in this Section.
15. INSURANCE
A Unless modified in writing by City's Risk Manager, Lessee shall maintain the
following insurance during the duration of the Agreement:
i. Agriculture General Liability Insurance, in an amount not less than
$1,000,000 per occurrence and $2,000,000 general aggregate for
agricultural activities inciuding but not limited to bodily injury, personal
injury and property damage;
ii. Insurance Services Office form number CA-0001 (Ed. 1/87),
Comprehensive Automobile Liability Insurance, which provides for total
limits of not less than $1,000,000 combined single limits per accident
applicable to all owned, non-owned and hired vehicles;
iii. Statutory Workers' Compensation required by the Labor Code of the State
of California and Employers'Liability Insurance in an amount not less than
$1,000,000 per occurrence. Both the Workers' Compensation and
Employers' Liability policies shall contain the insurer's waiver of
subrogation in favor of City,its elected officials,officers,emplayees,agents
and volunteers.
B The general liability shall contain or be endorsed to contain the following
provisions:
i. The City, its elected officials, officers, employees, and agents are to be
covered as additional insureds as respects liability arising out of work or
operations performed by or on behalf of Lessee, premises used by Lessee,
or automobiles owned, leased, hired or borrowed by Lessee. The coverage
shall contain no special limitations on the scope of protection afforded to
City, its elected officials, officers, employees, agents and volunteers.
ii. The insurance coverage of Lessee shall be primary insurance as respects
City, its elected officials, officers, employees, agents and valunteers. Any
insurance or self-insurance maintained by City,its elected officials,officers,
employees, agents and volunteers, shall be in excess of Lessee's insurance
and shall not contribute with it.
iii. Coverage shall state that the insurance of Consultant shall apply separately
to each insured against whom claim is made or suit is brought, except with
respect to the lirnits of the insurer's liability.
C Each insurance policy required by this section shall not be cancelled except after
thirty (30) days' priar written notice has been given to the City.
D Consultant shall designate the City of Redding, 7�7 Cypress Avenue, Redding, CA
96001 as a Certificate Holder of the insurance. Consultant shall furnish City with
certificates of insurance and original endorsements effecting the coverages required
by this clause. Certificates and endorsements shall be submitted electronically via
the PINS Advantage system. A link will be provided for the Consultant, or their
insurance agent, to enter and uplaad documents directly to PINS Advantage. The
certificates and endorsements for each insurance policy are to be signed by a person
authorized by the insurer to bind coverage on its behal£ All endorsements are to
be received and approved in PINS Advantage by the City's Risk Manager prior to
the commencement of contracted services. City may withhold payments to
Consultant if adequate certificates of insurance and endorsements required have not
been submitted as described above or provided in a timely manner.
E Insurance is to be placed with insurers with a current A.M. Best's rating of no less
than A-: VII.
F Any deductibles or self-insured retention must be declared to and approved by the
City.
G Subcontractors shall be subject to all of the insurance requirements stated here in
this section.
16. HAZARDOUS MATERIALS
A Hazardous substances or materials include, but are not limited to:
i. Substances which are flammable, explosive, corrosive, radioactive,toxic;
ii. Any material or substances defined as hazardous substances, hazardous
materials, toxic substances, or hazardous wastes in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (42
U.S.C. Sections 9601, et seq.}, the Resource Conservation and Recovery
Act (42 U.S.C. Sections 6901, et seq.), the Hazardous Waste Control Act
(California Health & Safety Code Sections 25100, et seq.) the Hazardous
Substance Account Act (California Health & Safety Code Sections 25300,
et seq.), California Health and Safety Code Section 25280, et seq.,
Hazardous Materials Release Response Plans and Inventory or the
California Porter-Cologne Water Quality Control Act, (Water Code
Sections 13000, et seq.), and all amendments to these laws and regulations
adopted or publications promulgated pursuant to these laws; '
iii. Those asbestos-containing materials defined and described in
Environmental Protection Agency Report No. 56/5-85-024 (June 19$5)
whether or not friable,or any related or successor report,or other applicable
government regulations defined or describing such materials;
iv. Pesticides as defined by Section 136(u)of FIFRA(7 U.S.C. Section 136)as '
may be present in soil or groundwater;
v. "Hazardous wastes" as defined in Section 25117 of the California Health
and Safety Code, or as a chemical that is known to the State of California
"to cause cancer or reproductive toxicity" under the Safe Drinking VVater '
and Toxic Enforcement Action of 1986, California Health and Safety Code
Sections 25249.5, et seq.; and
vi. Hazardous materials, substances or waste, or toxic materials, substances or
waste as those terms or similar terms are defined by any other federal, state
or local law or regulation or orders.
B Lessee agrees to indemnify, protect, hold harrnless, and defend City, its elected
officials, officers, employees, agents and volunteers from and against any and all
liability, including without limitation, (1) all foreseeable and unforeseeable
consequential damages, directly or indirectly arising from the use generation,
storage, ar disposal of hazardous materials by Lessee, and (2) the cost of any
required or necessary repair, cleanup or detoxification and the preparation of any
closure or other required plans, to the full extend that such liability is attributable,
directly or indirectly,to the presence of use,generation,storage,release,threatened
release, or disposal af hazardous materials by Lessee, its officers, emplayees,
agents and/or invitees on the Premises after the beginning of the term of this
Agreement.
C Lessee agrees to release City from any and all claims Lessee may have against City
of whatever kind or nature resulting from or in any way connected with the
environmental condition of the Premises, including any and all claims Lessee may
have against City under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended(ACERCLA"), or any other
federal, state, or local law, whether statutory or common law, ordinance, or
regulation pertaining to the release of hazardous materials into the environment
from or at the Premises. Lessee expressly waives the benefits of Civil Code Section
1542, which provides as follows:
i. A general release does not extend to claims which the creditor does not
know or expect to exist in his favor at the time of executing the release,
which if known by him must have materials affected his settlement with the
debtor.
1'7. ASSIGNMENT
Lessee shall not voluntarily assign, encumber, or sublet its interest in this Agreement or in
the Premises, or allow any other person or entity (except its authorized representatives) to
occupy or use any part or all of the Premises,without first obtaining the City's prior written
consent. Any assignment or encumbrance without the City's consent shall be voidable and,
at the sole election of the City, shall constitute a default of this Agreement. No consent to
any assignment or encumbrance shall constitute a further waiver of the provisions of this '
section. '
18. INVOLUNTARY ASSIGNMENT
A No interest of Lessee in this Agreement shall be assignable by operation of law.
Each of the following acts shall be considered an involuntary assignment:
i. If Lessee is or becomes bankrupt (whether voluntary or involuntary) or
insolvent, makes an assignment for the benefit of creditors, or institutes a
proceeding under the Bankruptcy Act in which Lessee is the bankrupt; or,
if Lessee is a partnership or consists of more than one person or entity, if
any partner of the partnership, or other person or entity, is or becomes
bankrupt (whether voluntary or involuntary} or insolvent, or makes an
assignment for the benefit of creditars;
ii. If a writ of attachment or execution is levied on this Agreement;
iii. If, in any proceeding or action to which Lessee is a party, a receiver is
appointed with authority to take possession of the Premises; or
iv. The abandonment or discontinuance of any operation at the Premises by
Lessee,or the failure to conduct any service,operation or activity permitted
by this Agreement. If this condition exists for a period of thirty (30) days
without the prior written consent of the City, it will constitute an
abandonment of the land, facility or location, and this Agreement and the
Permit shali become null and void.
B An involuntary assignment shall constitute a default by Lessee, and the City shall
have the right to elect to terminate this Agreement upon ninety (90) days' written
notice. In no event shall this Agreement be deemed or treated as an asset of Lessee.
19. DEFAULT
A The occurrence of any of the following shall constitute a material breach or default
of this Agreement by Lessee:
i. Failure to pay any payment due under this Agreement when due, if the
failure to pay continues for five (5) days after notice of the failure has been
given to Lessee;
ii. Lessee's failure to perform any other provision of this agreement if the
failure to perform is not cured immediately after notice of the failure has
been given to Lessee,unless otherwise authorized by the City. If the breach
or default cannot be reasonably cured immediately, Lessee shall not be in
breach ar default ofthis Agreement if Lessee commences to cure the breach
or default immediately and diligently or as authorized by the City and in
good faith continues to cure the default;
iii. Failure to maintain current licenses, if any, required for the permitted
operation; and
iv. Intentionally supplying the City with false or misleading information or
misrepresenting any material fact on documents or in statements to or before
the City and its employees, or the intentional failure to make full disclosure
on a financial statement or other required document(s).
B Notices given under this section shall specify the alleged breach or default, and
shall demand that Lessee cure the breach or default within thirty(30)calendar days
of the effective date of the notice. In the event that the breach or default is not cured
within thirty (3Q) calendar days, the City may, in its sole discretion, terminate the
Lease effective immediately. Notwithstanding the preceding, not such notice shall
be deemed a forfeiture or termination of this Agreement or revocation of the Permit '
unless the City so elects in the notice. '
C The City, at any time after Lessee commits a bre�ch or default of this Agreement,
can cure the breach or default at Lessee's cost. If the City, at any time, by reason of
Lessee's breach or default,pays any sum or does any act that requires the payment
of any sum, the sum paid by the City shall be due immediately from Lessee to the '
City at the time the sum is paid, and if paid at a later date shall be subject to late
fees and penalty charges as shown in the City's then current Schedule of Fees and
Charges. The sum, together with the late fees or penalty charges, shall be an
additional payment owed to the City pursuant to this Agreement.
D City may terminate this lease upon six months notice provided in accordance with
Section 23 without demonstration of default or other cause being necessary upon
six months notice.
20. CITY'S REMEDIES FOR DEFAULT
A Termination of Lease: Upon the occurrence of a default that is not timely cured
by Lessee, the City may terminate this Agreement and recover possession of the
Premises. Once the City has terminated this Agreement, Lessee shall immediately
surrender the Premises to the City. On termination of this Agreement, the City may
recover from Lessee (1) all of the worth of any unpaid rent that had been earned at
the time of the termination, to be computed by allowing interest at the m�imum
amount of interest permitted by law and(2) any other amounts, in addition to or in
lieu of that listed above,that may be permitted by applicable law.
B Continuation of Lease in Effect: Upon the occurrence of a default that is not
timely cured by Lessee, the City shall have the remedy described in Civil Code
section 1951.4,which provides that, when a Lessee has the right to sublet or assign
(subject only to reasonable limitations), the City may continue the lease in effect
after the Lessee's breach and abandonment and recover rent as it becomes due.
Accordingly, if the City does not elect to terminate this Agreement on account of
any default by Lessee, the City may enforce all of the City's rights and remedies
under this Agreement, including the right to recover all rent as it becomes due.
21. ADMINISTRATION BY CITY
Whenever Lessee is required to secure the approval or consent of the City pursuant to this
Agreement, the City shall mean the Environmental Compliance Manager.
22. VOLUNTEER ASSISTANCE
Under no circumstances will Lessee use City employees whom are on duty to perform
work on the Premises. Under no circumstances will Lessee use City employees whom are
off duty to perform work on the Premises if the nature of the work is substantially similar
to the employee's regular work duties for the City.
23. NOTICES
A All notices required to be given under this Agreement shall be deemed given only
if in writing signed and delivered by facsimile, with a hard copy mailed first class,
postage prepaid; ar when sent by a courier or an express service guaranteeing
overnight delivery to the receiving party, addressed to the respective parties as
follows:
TO CITY: TO LESSEE:
City of Redding Ault Ranch
Attn: Amber Kelley Attn: William D. Ault '
777 Cypress Avenue 10$40 Deschutes Road
Redding, California 96001 Palo Cedro, California 96Q73
Telephone#530-224-4046 Telephone#530-549-5715
B Either party may change its address for the purposes of this paragraph by giving
written notice af such change to the other party in the manner provided in this
Section.
C Notice shall be deemed effective upon: (1) personal service; (2) two calendar days
after mailing or transmission by facsimile, whichever is earlier.
24. ATTORNEY'S FEES
In any dispute between City and Lessee, whether or not resulting in litigation, the
prevailing party shall be entitled to recover from the other party all reasonable costs,
including without limitation, reasonable attorney's fees. "Prevailing party" shall include
without limitation,a party who dismisses an action for specific performance or for damages
in exchange for sums allegedly due, performance for covenants allegedly breached or
consideration substantially equal to the relief sought in the action, or which receives from
the other party, in connection with any dispute, performance substantially equivalent to
any of these.
25. WAIVER; SEVERABILITY
A No covenant or condition to be performed by Lessee under this Agreement can be
waived except by the written consent of City. Forbearance or indulgence by City in
any regard whatsoever shall not constitute a waiver of the covenant or condition in
question. Until performance by Lessee of said covenant or condition is complete,
City shall be entitled to invoke any remedy available to City under this Agreement
or by law or in equity despite said forbearance or indulgence.
B If any portion of this Agreement or the application thereof to any person or
circumstance shall be invalid or unenforceable to any extent, the remainder of this
Agreement shall nat be affected thereby and shall be enfarced to the greatest extent
permitted by law.
26. HEADINGS
The headings in this Agreement are inserted for convenience only and shall not constitute
a part hereof.
27. NO PARTY DEEMED DRAFTER
In the event of a dispute between any of the parties hereto over the meaning of this '
Agreement, no party shall be deemed to have been the drafter hereaf, and the principle of '
law set forth in Civil Code '1654 that contracts are construed against the drafter shall not '
apply.
28. CALIFORNIA LAW
This Agreement shall be deemed to have been entered into in Redding, California. All
questions regarding the validity, interpretation or performance of any of its terms or of any
rights or obligations of the parties to this Agreement shall be governed by California law,
and any action brought by either party to enforce any of the terms of this Agreement shall
be filed in the Shasta County Superior Court.
29. ENTIRE AGREEMENT
This Agreement, which includes all exhibits attached hereto and incorporated by reference
h�rein,contams�Il the representations and the entire und�rst�ndin�and agreemez�t betw��n
the pa�°ties pertaining to the use�f the Premises c�r any ot�ier mat�ers connected therewith�
AIl cr�rrespondenc�, memoranda,�r orai Qr written agreements pert�ining to the Premises
or the parties hereto,which originated befare th�dats c�f this Agreement are null,v�id and
no longer in fr�rce and with no effect, and are replaced in to�ai with thi�Agreerrtent untess
ot�erwise expressiy stated in th�s Agr�ement; Thfs Agreement shalt not be altered,
amended,c�r modified except by a writing sfgned by the City and Lessee,fihe City hereby
may exercise the right to#erminate or end thi�agreemen�:
3U. '1'
Lessee shal�be responsible for aIl p�yment c�f any ta�:occasi�ned by Lessee's oecupati�n
Qf th�Premises. Furs�ant ta Revenue and Ta�cat'ron�Cc�de sectic�n 1 t�'7.b, Lessee is ad�ised
that it may be subject to a p�ssessory inter��fi t�resuitin�frarn�,essee's occupation of th�
Premises,
31. AT� I+' A � �I�t'T
The dat��f this Agreemen�shall be the date that'it is signed by�he City.
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P:1Environmsntal Management\MapDocuments\StillwaterGrazingArea�NorthernPortion.mzd E.11�ID�T ���i!
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Tliis Stillwater E3usiness Pai-k Li��estock Graz�n� Plan (Grazin�Plan} coiltains the
mitigation; inonitoring and loilc-tenn rnanageilient �razing strategy for the Stillwater
Business Park (Business Park), located in Redding, Califoniia. This Plan is a condition
of the Stillwater Business Park Project Operations and Management Plan aud the
Stillwa�er Business Park Project Open Space Management Plan. The Grazing Plal�
prescribes measures for controllina invasive plant species and maintaining native plant
species richness in the Business Parl:. The measures will assist in the protection,
preservation, and maiiltenance af sensitive biological resources of the Stillwater Business
Park Open Space Preserve (Pt�eserve), including vernal pools and their associated species.
Livestock grazing will be conducted to ensure the long-ternz health and viability of
habitats preseiit in the Business Park. Grazing is expected to continue within the Business
Park as a vegetation management tool. Grazed plots have increased plant species
ric�uless, increased duration of vernal pool inundation, and inereased invertebrate species
richness relative ta un�razed plots.
I. �IANAGEMENT APPIl(.�ACI�
Light to rnoderate livestock grazing will play an essential role in assuring the long-tei�n
health of the habitats and resources in the Business Park. The grazing of livestock will be
used as long as it is consistent with reasonably�rudent management practices that are
accepted in the region.
The Business Park encornpasses a��roximately 678 acres, of which about �58 ac��es is
developable. Together, the Preserve and non-preserve open space is 32Q acres and is
located in the Busii�ess Park. Vegetation on developable lots and in the Preserve will be
mar�aged tl�u-ough gz�aziilg. As lots become developed, in the Business Park vegetation
manageYnent on those lots will becor��le the res�oilsibility of the owner and may no longer
be managed by livestock �razing.
Proper fivestocic grazing is effective in the reduction of herbaceous thatch layers, contral
of some invasive s��ecies, increasing the rate of nutrient cycling, and the promotion of
overall resource health in grassland based coznmunity types (i.e., annual gz-assland, oak
woodland, and sl2rubland}. I�ivestock grazing can be a itlore effective rnanagement tooI
than fire in areas wlzen fire sensitive resources are present �r when conditians necessary .
for p�•oper fire management do not cotres�oild with appropriate buniing canditians {e.g.,
yellow starthistle fire based"control in mid-sui��mer).
�
`�'he goals of��ra�ing withir� the �3�isiness }'ark include:
� Maintenance of a disturhanc� re;ime beneficial to native plant sp�cies; and
� R�moval of above g�•ound biomass to levels beneFcial to natiue plant species.
��, �.1�����' �� � ����
�3eFore gra�in� is initiatec�; the �razinb cap�city oF the �3tisiziess Park wi11 be calculated.
Grazing capacity is the numbcr of�nimals th�t can be supported by a giUen area of
grasslanc�. It is calculated using annual ;rass procluction figures {dry w�ight of grass p�r
acre) esti.mated for common ran�eland soil types. In order to protect soils from erosion,
some amount of vegeta�tian must remai�l at the end o�the grazing season.
Current residua] dr•y matter(RDM) v�Iues will be estimated and used as a baseli��e For the
initial annual man�gement �oal. �2.DIvI is the amount oFold�lant material left on the
ground at the beginnin� of a new growing season, and is used to describe the health or
condition of annual rangelands. F�DM may be estimated by visually compai•ing photo
standards with the condikions o11 the Iandscape prior#o the first effective rains. Grazing
seasan and stocking rates will be adjusted annually based upon climatic conditions and
results of previotts-year monitoring.
The Grazing Plan assumes tllat the livestack used at the Business Park includes cow calf
pairs and/or bulls. Goats and sheep may be used in smallet• areas to effectively remove
unwanted vegetatiozl. If used; gaats or sheep would be sunounded by temporary fences
and moved periodically to prevent over�razing. Existing grazing areas may be divided
with addition�l fezlcing to Facilitate rotational grazing programs, as necessary to maintain
sufficient RDM and long-term resource value.
Suggested applications of livestock grazillg at the Business Park are found in Table l,
however, these grazing applications may need to be fine turned as new information
becomes available regardizlg livestock grazing in vernal pool terrains.
Table 1. Livestock Grazing Windaws
Target RDM
Resaurce Tui-�� Qn Date Tunl Off Date (ibs/acre)
Annual Grassland October 15 May 15 500-700
Wetlands � N/A I�tIA N1A
Oak Woodiand Octobe.z- 15 May I S 500-700
Slu•ubland '
�Wetlands are not directly managed by graa.ing, how�ever;��ernai�ools and s�vales are mana�ed vis-a-vi annual
grassland grazing management. The turn off date for carile is�n•oposed for May 1�so that cattle are off the pasture
at the time when vernal pools at the Business Park are in their dry-do�im phase.
'`Shrubiand will be gi�zzed on an as-needed basis to control thatch andlor invasive plant species
2
C;razing will be maiiaged irl the Collowing rt�anner:
� Grazing will be excluded fi�om restored, enhancecl, or created habiYat tar at least
two years, or tintil per•ceni cover of vebetation is within� 20% of that of adjacent,
similar habitat type;
H Should RDI��I vary from� 20% over a two-year period of the annual target value
(determined prioi•to any grazing), stocking rates will be increased or decreased
accordingly;
a In wet years, the grazing season may ve extended, and in dry years it will be
shortened to avoid damage to dry soils;
9 Should percent cover c�f native species decrease, or non-native species increase,
by more than 20% over a two-year period, grazing timing, duration, or stocking
rates will be �ltered accordinbly; and;
� Any clianges in the brazing regime will occur incr-ementally to avoid dramatic or
unexpectecl changes in plant eover and con�position.
No grazinb will be allowed in restored, enhanced, and created habitats during their
establishment. After restored, enhanced, and created habitats are successfully established
(2 to 5 years). tllese areas may be grazed to control ve�etative cover of nonnative annual
grassland species. Once initiated, grazing will be monitored and allowed to continue only
if the grazin� does not ne�atively affect the functions and values of the habitats or
sensitive species that the habitat st�pports.
A. Annual Grassland
The management goal for annual grassland is to maintain the biological integrity and
diversity of the annual ��assland plant community. The foliowing parameters can be used
to assess the overall integrity and bioloQical diversity of annual grassland at the Business
Park nver the lon�-term.
■ Plant species c��nposition afad c���er. Ailmial grassland habitat should be
dominated by characteristic annual grassland species with a complement of naiive
wildflowers. Residual Dz•y Matter present at the end of the �rowin� season should
be sufficient ta prevent erosion of grassland soils. As ay�eneral guideline for
aruival grassland at the Business Park; a minimum of 500 lbs/acre RDM should
remain o�i level sites and 700 Ibs/acre sllould r•emain on slo�ing sites to prevent
erosion. The RDM figures recammended here serve only as a starting p�int. 'I'he
actual RDM levels ilecessary to maintain annual grasslaud integrity may neecl to
be refined aver time and adjusted to reflect current climatic co�lditions.
� Ir7vasive S�ecies•. Complete eradicalion of invasive plant s�ecies from atulual
grassland h�bitats is largely impractical. For this management plan, the goal is to
cantrol (<5%) or niaintain invasive species at or I�elow cunent levels.
Additionally, the �oal is to maintain or enhance the distr�ibution, native pl�nt
commwlity structure, composition, and special status species populations of the
Business Pai1c grassland habitat. Infestations of extrenxely naxious species will be
add.ressed on a case-by-case basis.
�
�
o �� ��dG���
The ma�lagenzent goal for oalt �voodland at the Business Pat�k is to maintaill self
sust�ining blue oak woodland. �
0 Plant s�ecies ce�m�ositiUn at��l c�ver. At maturity, oak vvoodland habitat sl�ould
maintain at leasl 20% caYlopy cover by native oak species (e.g., blue oak [O�rer•cus
d��uglasiiJ and/or illterior live o�k [{,�z��rcirs 1vi.s�lizeniz)) wit�1 an 1md�rstory of
annual grassland speci�s. Resiclual D.ry Matter present at the encl �:f'the gr•o�✓ing
season in the understory of oak woodland sht�ulc� be sufficient to prevent erosion
of woodland soils.
� Regenercrtzon. Oak woodlanc� h�bitat should show signs of natural regeneration.
Eviden�e aFreb�neration iz�cludes the presence of seedlinbs and young saplings of
oak trees in the understory.
� Irtv��sive Speczes. Oak woodland habitat shoLilcl be relatively free of invasive
pl�nt species. T1ie invasive plant species concerns in oak woodland primarily
involve the annual grassland understory. The go�l is to control (<5%) or maintain
invasive species at or betow current ]evels. Additionally the goal is to maintain or
enhance the distribution, native p11nt conlmunit}� structure, composition, and
special status species populations of the Business Park grassland habitat.
Infestations of extremely noxious sp�cies will l�e addressed oi1 a case-by-case
basis.
�. Shrubland
The management goal for shrt�bland is to maintain an open shrubland dominated by
native sl�rubs and young trees.
■ Plan! species cor�lpasitiota and co�1er. Sl�u-ubland habitat should maintain at least
15% canopy cover by native shnibs �uzd small trees (e.g., poison oak
[Toxicodend�•on diverszlobur��], interiar live aak, whiteleaf manzanita
[Af•ctostcr�hylos l�iscida], and coffee berry [Rharnnus cali,f'ot•niea]) with an
understory of annual �rassland species. Residual Dry Matter present at the end of
the growii�g season in the understoz-y of shrubland should be sufficient to prevent
erasion of shrubland soils.
a I�avasive S��ecies. Shrubland habitat should be relatively free of invasi�re plat�t
species. The invasi�=e plant species concerns in shrubland primarily involve the
aiu�ual grassland understory. Because the understory of the shrubland habitat nlay
be disturbed periodicalIy during shrub thiruii�lg or removal activities the potential
for invasive species to be introduced is great. Ir�festatians of invasive species will
be treated on a case-by-case basis within shrubland.
I�. Invasive Sp�cies
The averall goal for invasive species managemei�t at tlze Business Park is to prevent new
infestations of ii���asive species atzd to control or eradicate existing invasive species
occurre�lces. Liv�stocic grazing and �rescribecl �re ma�la�ement tools will be given
�riox-ifiy when eantrolling or eradicatitig invasive speci�s froin ihe 13usiness Pa�•k latlds.
�
�nly when livestoek brazing; pceseribed fire ar attier ►neehanica( or eultural conti•ol
metllods are fnluld to be ineffecti�°e wi(1 chen�ical methods (i.e., herbicide) be considered.
Herbicides will only be used when the benef t to the resources outweighs �ny potential -
ecological costs. If used, heebicides ��vill he ap��licd by a licensed applicator, according to
manufactt�rer's Iabel.
III� 14�I{)T�I'��1�II�1�
Residnal Dry Matter will be visually estimaied on a pasture basis for annual grassland
arld oak woocllancl habitats. Visual estimatians of RDM are easily performed and rapidly
yield data that assists in determining whether or not RDtVi objectives, and consequently
manageii�ent goals, l�ave been met for an area. The amount of RDM present at the
be�inning of the growing seasoz� can have an effect on water infiltration, seedling
gennination, fo1•age production, and species composition. Higli levels of RDM tend to
favar the praduction of annual �rasses suc11 as ripgiit brome (Bi-ornus diczndrus), wild oat
(t1 venc� sp.}, and medusa-head (El��m�t.rs ea�i�t-me�'��rsc�e) while lo��v levels of RDN1 tends to
favor the establishment of weedy rang� forbs such as yellow sta��tl�istle, dove weed
(E��emocaY��z.rs setige�°�rs), filaree (Er•oc�i�ir��� spp.), ancl virgate tarweed (�Iolocarpl�a
��irgata).
Ocular RDM estimates will be conducted at tlze end of the arowinG season, typically in
late-August or September of each year. R.DM estimates will follow Wildland Solutiotis'
RBSZC�l[LII D71�!l'ICIItBf' M0311TOP'731b Photo-Czricle (Guenther 149$) (Wildland Solutions, 234
Park Street, Clyde, C� 94520; pllone: [925] 6$9-2431).
�L,he Residz�ul Dt�� R�atter Nlonitor�ing Photo-Guide stratifies RDM estimates into sia
reference classes:
1. More t�1an 1,000 lbs./acre
2. 750-1000 ]bs./acre
3. 500-750 lbs./acre
4. 250-SOQ lbs./acre
5. 125-2�0 lbs./acre
6. Less than 125 lbs./acre
The City will manage grazing itl the Business Park to ensure that a n7initnum of 500
ibs/act•e RDIv1 remain on level sites and 7401bslacre will remain on sloping sites at the
end of each grazing season to protect the grassland soils from erosion and to ensure
seedling germination aud forage producti�n.
On an anr�ual basis, the Gity will assess the livestocl� use of the annual grassland, oak
woodland aild shr•ubland habitat when gz•azed. Observatic�ns will be made relatin�to the
climatic eonditians, RDM estimates, degz�ee and pattern of forage utilization. These
observations will be used to mana�e �razin� season and stocking rates within these
habitats for the next year.
5
�o� ��:��EI�T��S
�.� ��Il�'�'�I3��FE��1����
Bai•bour, M.G., J.H. �urk and �.D. Pitts. 19�7. Terrestrial Plant Ecology.
�enjamin/Cummings Publishin� Company. 1Vlenlo Park, CA.
Bartolome, J.W., M.C. Strouci and H.F. �-Ieacty. 198p. Influence of natt�ral mulch on
farage production on diffeY•ing Califarnia annual ran�e sites. J. Range lYlgint.
33:4-8
Bently, J.1�.., and M.W. Talbot. 1951. Efficieizt use of annual pl�nts on cattle ranges in the
California foothills. U.S. Dept. Agr. Circular Na. 870.
California Exotic Fest Plant Council. 1999. The CaIEPPC List: EYotic Pest Plants of
Greatest Ecological Concern in California. Californi� Exotic Pest Plant Council. Octaber,
1999. 11 p.
Clawson, W.J., N.K. McDougald and D.A. Dtincan. 1982. Guidelines for residue
managemeiit on anntial range. University of California Cooperative Ext. Leaflet
21327.
Heady, H.F. 19b5. The influence of mulch on herbage production in arulual grassland.
pp. 391-394, In: Proc. 9`h International Grassland Congress.
Heady, H.F. and R.D. Child. 1994. Rangeland Ecology and Management. �Vestview
Press, Boulder, CO.
Mueller-Dombois, D. and H. Ellenberff. 197�. Ain1s and methads of vegetation ecology.
Wiley. New Yorl�; N�'. y
Skeuse, Brian. Vice President. Reagent Cheinical & Research, Inc. White Flyer Division.
Docun�ent titled"Toxicity of Tt-ap and Skeet Targets"January 16; 1990 pa�es 1-22.
6