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HomeMy WebLinkAbout81-16RESOLUTION NO. 81-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AGREEMENT FOR LEASE OF OLD PUMP STATION AREA TO UKIAH MEN'S SOFTBALL ASSOCIATION BE IT RESOLVED, that certain lease agreement between the City of Ukiah and the Ukiah Men's Softball Association of certain property known as "Old Pump Station", which said proposed lease is attached hereto and made a part hereof, is hereby approved, and the Mayor and City Clerk are authorized to exercise the same on behalf of the City. PASSED AND ADOPTED this 6th day of August, 1980, by the following roll call vote: AYES: Councilmembers Riley, Feibusch, Snyder, Myers NOES: None ABSENT: Mayor Hickey Vice-Mayor ATTEST: City Clerk LEASE AGREEMENT THIS LEASE, made this 6th day of August~..?t980, ~by~and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and the Ukiah Men"s Softball Association, hereinafter referred 'to as "Lessee" , W ITNESSETH , THAT WHEREAS, the City Council of the City of Ukiah does determine that the use of certain property owned by the City is not required for City use at this time and is available for lease, and, WHEREAS, the use of said property by the Ukiah Men4s Softball Association would be and is beneficial for the citizens of the City of Ukiah, and, WHEREAS, Ukiah Men's Softball Association is an unincorporated non-profit association entitled to own and/or lease property, NOW, THEREFORE, the parties hereto a~ree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor that parcel of property com- monly referred to as Old Pump Station, located on City property east of Highway 101 and North of Perkins Street, County of Mendocino, more specifically described on the attached "Exhibit A". IT IS FURTHER AGREED as follows, 1. The term of this lease is for a period of ten (10) years, commencing on the date set forth above. 2. This lease or any' renewal thereof, may be cancelled by either party on two (2) years written notice to the other party (ex- cept it may not be cancelled for a minimum of five (5) years from the date it becomes effective). 3. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of One Dollar ($1.00) per year in full consid- eration hereof for the use of said property. 4. Lessee hereby agrees to install all permanent improve- ments which shall become a part of said property and title to said improvements shall be vested in the Lessor upon termination of this lease except as set forth herein. 5. Improvements, excavations, removal of any trees, brush, grass or improvements and other modifications to the property shall be the sole responsibility of Lessee and shall be approved by Lessor prior to conducting work. Utilities as needed (water, electric, sewer) shall be constructed underground. 6. Lessee agrees to keep premises and all improvements in good repair and order and to bear full cost for maintenance of all improvements. 7. Lessee will not assign this lease or any interest there- in and will not let or underlet the said premises or any part thereof -2- without the written consent of the Lessor first had and obtained. 8. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the demised premises, any defective condition or faulty construction of the demised premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to imdemnify and save harmless said Lessor from all liability, loss, cost, or other obligation, including reasonable attorney's fee, on account of or arising out of any such injuries or losses however occuring. 9. Lessee covenants and agrees to take and keep in force during the life of this lease at Lessee's sole expense, public lia- bility insurance provided by companies licensed to furnish such in- surance in the State of California to protect against any liability to the public incident to the use of or resulting from any accident occuring in or about said premises, the liability under such insurance to be not less than Five Hundred Thousand Dollars ($500,000.00) for any one person injured, or One Million Dollars ($1,000,000.00) for any one occurrence, or Fifty Thousand Dollars ($50,000.00) for property damage. A certification of said insurance naming the Lessor as an additional insured and providing for 30 day notification of cancellation to Lessor shall be provided the Lessor and be made a part of this lease. 10. Lessee shall acquire the necessary and required permits from the appropriate regulating body for the development proposed under this lease. 11. Lessee is responsible for the relocation, alteration, removal, construction, ~reconstruction of any municipal or private facilities, structures or utilities existing on leased premises which are presently in use or abondoned. 12. This lease shall become void and of no effect upon ~. ~ final judgement of any legal action against Lessor claiming relief due to noise created by the operation of Lessee. Lessee shall pay for any damages assessed against Lessor as well as Lessor's attorney fees. 13. Access roads to the leased area shall be in accordance with the directions of the Department of Public Works of the City of Ukiah and may, at the City's option, be changed from time to time as the circumstances in the judgement of the City dictates. 14. Removal of equipment. Within thirty (30) days after · ~. the ret. re!nation of this lease, Lessee May remove any of the following, bleachers', above ground lighting fixtures, fencing and backstop. Ail other improvements, if any, may be retained by the City of Ukiah at its option. 15. Upon termination, Lessee shall leave said premises in a clean and orderly manner. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. · ,. Lessor Approved ~,f form: Merle P. Orchard City C1 erk- city Attorney UKIAH MEN' SOFTBALL ASSOCIATION~. "EXHIBIT A" Being a portion of that tract of land, Lot 12, Valette to City of Ukiah, as recorded March 1, 1945 in Official Records of Mendocino County, State of California, in Book 182, Page 138, said portion being more particularly described as follows: Beginning at the Northwesterly corner of said tract of land, said corner being also in the Easterly line of River Street; thence leaving said Northwesterly corner S 02°34'17'' E 472.83 feet, along the Easterly line of River Street to its terminous; o thence leaving said street, S 03 43'51" E 128.00 feet; thence S 52o36'56'' E 65.76 feet to a point in the Northerly edge of an existing roadwaYolOcated adjacent to and Northerly of Orr Creek; thence N 78 30'00" E 220.00 feet along the Northerly edge of said existing roadway; thence S 89o30'00'' E 185.00 feet along the Norther.ly edge of said existing roadway; thence leaving the Northerly edge of ~aid existing roadway N 75o31'42'' E 228.39 feet; thence N 00v45'00 E 460.00 feet to a point in the Southerly edge of another existing roadway; thence N 69o45'00'' [~ 337.00 feet along the Southerly edge of said existing roadway; thence S 8 47'00" W 194.69 feet along the Southerly edge of said existing roadway to a point in the Northerly line of said tract; thence S 84o47'00'' W 200.31 feet along the Northerly line of said tract and along the Southerly edge of said existing roadway to the point of beginning, and containing 9.49 acres of land more or less.