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HomeMy WebLinkAbout81-53RESOLUTION NO. 81-53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AGREEMENT FOR LEASE OF LAND FOR UKIAH PLAYERS THEATRE AND UKIAH DANCE CENTER, INC. BE IT RESOLVED by the City Council of the City of Ukiah that the lease attached hereto between the City of Ukiah and Ukiah Players Theatre and Ukiah Dance Center, Inc., is hereby approved, and the Mayor and City Clerk are authorized to execute the same. Passed and adopted this 4th 1981, by the following roll call vote: AYES: Councilmembers Riley, Feibusch, Myers, Hickey Counci lwoman Snyder None NOES: day of February, ABSENT: ATTEST: --"City LEASE THIS AGREEMENT, made this 4th day of February 1981, by and between CITY OF UKIAH, California, hereinafter referred to as "City", and UKIAH PLAYERS THEATRE, a non-profit corporation acting by and through its Board of Directors and its' non-profit successors, and UKIAH DANCE CENTER, INC., and its' non-profit successors, herein- after referred to as "Lessees", W I TNE S S E T H : WHEREAS, Ukiah Players Theatre is a non-profit corporation organized under the laws of the State of California for the following specific purposes, as follows: "The specific and primary purposes are to foster and stimulate interest in drama and music by the production of plays, festivals, musicals, films, operettas and other theatrical productions; to gather, receive, study and dis- seminate information concerning plays, playwriting, acting, directions, and production techniques; and to unite for mutual benefit persons interested in participating in those activities generally carried on by civic theatre groups.", and WHEREAS, Ukiah Dance Center, Inc., is also a non-profit cor- poration duly incorporated under the laws of the State of California, one of whose primary and specific purposes is as follows: "To support the art of dance in its various forms through the presentation of performances, educational programs, classes, publicity, and otherwise, and to receive contri- butions to fund said activities" and WHEREAS, Ukiah Players Theatre and Ukiah Dance Center, Inc., desire to lease from the City property hereafter described for the purpose of erecting a building thereon as described in the architect's drawing attached hereto, marked Exhibit "A" and by reference made a part hereof, or such modifications thereof which may hereafter be adopted with the approval of the City, and, WHEREAS, City is the owner of property adaptable to the proposed building hereafter referred to as "Ukiah Playhouse", and, WHEREAS, it is the desire of the City to encourage and sup- port recreational objectives of the nature sponsored and promoted by Ukiah Players Theatre and Ukiah Dance Center, Inc., and, WHEREAS, said City is willing to lease unto Ukiah Players Theatre and Ukiah Dance Center, Inc., the necessary property for said building, NOW, THEREFORE, the parties agree as follows: 1. City does hereby lease unto lessees and lessees do hereby lease from said City that certain area located off Low Gap Road, as more particularly shown on said Exhibit "A". A description of said property is attached hereto, marked Exhibit "B" and, by reference, made a part hereof. 2. The terms and conditions of the lease are as follows: A. The lease period shall be twenty-five (25) years from the date of the execution of this agreement by both parties. B. Rent shall be payable to the City at the rate of One Dollar ($1.00) per year throughout the term hereof. -2- follows: 3. In further consideration therefor, Lessess agree as A. To construct thereon the Playhouse in accordance with the architect's drawings as attached hereto or as hereafter modified with the consent of the City. B. To operate and maintain the building for the pur- poses of Lessees and for the benefit of the community of the City of Ukiah. Management of said building shall be the responsibility of Lessees. C. To provide utilities and maintenance of the building and grounds and to perform upkeep as to provide a neat, attractive premises at all times. 4. Construction of building. Lessees are in the process of raising funds for the construction of the building. Such funds shall be deposited with a depository or its designated agent agreeable to the City of Ukiah. All bills shall be presented to the depository's agent and paid by said agent. Provided, further, that no construction shall be done or started without the necessary amount of funds to construct the entire building without consent of the City of Ukiah. Lessees shall not, at any time, encumber the building for more money that it has available for payment at any one time and shall keep the building free of liens and encumbrances of any kind whatsoever. 5. Ownership of new improvements. All improvements con- structed by this lease shall be owned by Lessee until expiration of the term or sooner termination of this lease. Lessees shall not, however, remove any improvements from the premises nor waste, destroy, or modify any improvements on the premises, except as permitted by this lease. The parties covenant for themselves and all persons claim- ing under them that the improvements are real property. 6. Ownership at termination. All improvements on the pre- mises at the expiration of the term or sooner termination of this lease shall, without compensation to lessees, then become City's property, free and clear of all claims to or against them by lessees or any third person, and lessees shall defend and indemnify City against all liability and loss arising from such claims or from City's exercise of the rights conferred by this paragraph. 7. Insurance. Lessees agree to maintain adequate fire in- surance on the building, together with public liability insurance in the amounts of $250,000/$500,000, each such policy naming the City of Ukiah as an insured party. 8. Termination. It is further provided that in the event Lessees abandon the use of the building for its stated purposes, this lease shall terminate. 9. Assignment. No assignment of this lease agreement shall be made without the written consent of the City Council of the City of Ukiah. 10. Governing committee. Lessees shall provide a governing committee for the operation of the Playhouse, which said committee shall consist of at least one representative of Ukiah Players Theatre, -4- one representative of the Ukiah Dance Center, Inc., and one represen- tative of the City of Ukiah to be appointed by the City Council. 11. Provided, further, that if at the end of the term hereof, Lessees are in compliance with the terms of this lease, City will again lease the premises to lessees for a period of twenty (20) years. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ATTEST: City Clerk __~MaAH ' Y Lessor UKIAH PLAYERS THEATRE By UKIAH DANCE CENTER, INC. B ~ ~-) Lessee0 -5- Ukiah Players Theatre, et al EXHIBIT "B" Being a portion of that tract of land, Shimmin, Goforth, and Rawles to the City of Ukiah, as recorded .July 25, 1973 in official records of Mendocino County, Book 932, Page 593, said portion being more particularly described as follows: Beginning at the intersection of the southerly extension of the easterly line of Despina Drive with the southerly line of Low Gap Road; Thence along said southerly line of Low Gap Road, N 71' 30' W 436.00 feet to the true point of beginning; thence continuing along the southerly line of Low Gap. Road, N 7~ 30' W 360.00 feet; thence S18° 30' W 105.00 feet; thence S48°42' 06" E 200.00 feet; thence N 86'04'. 10" E 190.00 'feet; thence N 18'30' E '110.00 feet to the true point of beginning and containing 0.54 acres of land, more or less.