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HomeMy WebLinkAbout80-72 1 2 3 4 7 ~ 8~ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8__~0-72 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING A LEASE AGREEMENT FOR PROPERTY AT THE UKIAH MUNICIPAL AIRPORT WITH ,]AMES L. CAGLE BE IT RESOLVED that that certain lease agreement attached hereto and made a part hereof is hereby approved and the Mayor and Clerk are authorized to execute same on behalf of the City. PASSED AND ADOPTED this 16th day of April , 1980, by the following roll call vote: AYES:Coun~ilmembers Riley, Feibusch,Snyder, Myers, Hickev NOES' None ABSENT' None ATTEST: City Clerk " Mayor /7 W .."! .-7 1 3 4 6 7 8 9 10 11 13 14 15 16 17 18 19 20 23 24 ~6 28 LEASE AGREEMENT UKIAH MUNICIPAL AIRPORT JAMES L. CAGLE THIS AGREEMENT, by and between the City of Ukiah, a municipal corporation of the State of California, hereinafter called "City" as lessor and James L. Cagle, doing business as Cagle Wholesale Lumber Company, hereinafter called "Lessee", W I T N E S S E T H : 1. LEASE. City does hereby lease to Lessee, and Lessee does hereby accept from City, that portion of the Ukiah Municipal Airport shown in red on the attached sketch entitled "Cagle Lease - Ukiah Municipal Airport", which said sketch is incorporated hereir by reference and is marked "Attachment No. 1." City hereby finds that the premises which are the subject of this lease are not now needed for airport purposes. 2. RENTAL. Rent shall be paid as follows: Lessee shall pay to City $250.00 per month on the first day of each month until the first day of June, 1985. At that time, Lessee shall have an option, to renew the lease on the same terms as herein provided, except as to rental amount for the period fro~ June 1, 1985, to June 1, 1990. The rent shall be fixed as the parties shall agree at that time. Provided, further, that at the expiration of such extended lease on May 31, 1990, Lessee shall have the right to renew for an additional five year period on the same terms as herein pro- vided, except as to rental amount which shall be negotiated on 1 3 4 6 7 8 9 10 11 13 14 15 16 17 18 19 24 ~8 on or before the expiration date of the extended lease. In the event the parties cannot agree to the monthly rental applicable to either extended period, the matter will be submitte~ for arbitration in accordance with the rules of the American Ar- bitration Society. 3. TERM. This lease shall be for a term of fifteen (15) years commen- cing on the 1st day of June, 1980, and terminating on the 31st da~ of May, 1995. 4. USE AND IMPROVEMENTS. The leased premises shall be used only for a lumber manufac- turing plant unless City shall otherwise consent in writing. Lessee may install cut-off saws and an overhead cover therefor, an office, an above-ground 10,000 gallon.capacity diesel fuel storage tank and may install an underground gasoline storage tank all in substantially the same locations as are shown on the sketc}'~ marked "Attachment No. 1." All improvements installed by Lessee shall comply with all applicable codes, laws and ordinances reg- ulating the construction or maintenance of such improvements. Construction of any structures other than those noted shall be subject to prior approval by City. No structure may be so re- moved without the consent of City and all improvements remaining at the conclusion of the lease term shall, at City's option, become the property of City. No burning of sawdust or waste lum- ber material shall be done. All outside lights shall be so sit- uated so as not to shine directly toward the runway or approach area of. the airport. IIII 6 7 8 9 10 11 1~. 13 14 15 16 17 18 19 20 ~3 24 25 ~6 27 ~8 5. FENCES: PAVING: UTILITIES. Lessee shall install a 6-foot high 'fence 'sufficient to limit access to the leased area around the perimeter thereof; Lessee shall also provide and maintain throughout the life of this lease paving or dust control oil on the entire premises sufficient to control dust. Lessee shall provide at his own expense lighting, sewer, water and all other necessary utilities. 6. SET-BACK LIMITS AND HEIGHT RESTRICTIONS. All improvements installed on the lease premises shall be re- quired to conform to any set-back or height limit established by any law, ordinance or FFA regulation now existing or which may be hereafter adopted. 7. SUBORDINATION. a) This agreement shall be subordinate to the provisions of any existing or future agreement between the City and United State of America, or any agency or administrative arm thereof, and to any rules, regulations, or policies adopted by the United States of America, or any agency or administratative arm thereof, relatin to the operation or maintenance of the Ukiah Municipal Airport. Should this lease be required to be terminated for any of the foregoing reasons, it is agreed that Lessee shall terminate and remove therefrom all of his property and vacate such leased prem- ises within thirty (30) days after receipt of a written termina- tion notice from City. b) This agreement shall be subordinate to the needs of the community and the municipal government. At any time that it is determined by the City Council of the City of Ukiah that the prop- erty which is the subject of this lease is needed to serve a 1 3 4 6 7 8 9 10 11 13 14 15 16 17 18 19 ~0 23 25 26 28 municipal need, it is agreed that Lessee shall terminate and re- move therefrom all of his property and vacate such leased premise~ within thirty (30) days after receipt of a written termination notice from City. In that connection it is specifically agreed that Lessee in the use and operation of this lease will not on the grounds of race, color, or national origin discriminate or permit discrim- ination against any person or group of persons in any manner pro- hibited by part 15 of the Federal Aviation Regulation. Lessee hereby grants to City the right to take such action as the Govern- ment of the United States of America may direct to enforce such covenant. 8. INSURANCE. Lessee shall provide at his own expense insurance covering bodily injury to all persons in the minimum amount of two hundred fifty thousand ($250,000.00) dollars for each person and one mil- lion ($1,000,000.00) dollars for each accident, and property dam- age in the minimum amount of fifty thousand ($50,000.00) dollars each accident for any occurrence in, on, or related to said prop- erty. Lessee shall furnish to City a certificate of an approved insurance company showing that said insurance has been obtained. Such insurance shall be kept in force throughout the entire term of this lease or any extension thereof. 9. RELEASE AND INDEMNIFICATION. This lease is made upon the express condition that City shall not be liable for any damages or claims for damages by reason of any bodily injury or death to any person or persons, or for the damage or destruction of any property while in~ on, or in any way 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 connected with said property or premises during the occupancy of said premises by Lessee. Lessee agrees to defend and hold harm- less City.from any and all claims, loss, expense, damages, charges liens, liabilities or causes of action or proceedings of whatso- ever nature on account of, or arising out 0f the injury to, or death of any person or persons or damage to or destruction of property or premises. It is expressly agreed that the terms of this provision shall include negligence of all parties including any alleged to be that of the indemnitee. 10. ASSIGNMENTS. This lease shall not be assigned, transferred, let, sublet, nor underlet by Lessee 'except with the written consent of City and upon such terms and conditions as City may require and for such length of time as City may fix. The prohibition against assignment without consent shall include assignments by operation of law and assignments by any court or similar body. 11. BINDING ON ASSIGNS. This agreement shall be binding upon and shall inure to the benefit of the successors, assigns, heirs, partners or legal rep- resentatives of each party; provided, however, that in the event of the death of Lessee, James L. Cagle, his surviving spouse or personal representative shall have the right within sixty (60) days of such death to terminate this lease or any extended term thereof. Such right shall be exercised by giving written notice of intention to so terminate and all further rights and duties under this lease, except accrued obligations, shall terminate thirty (30) days after receipt by City of such notice. II!1 -5- 1 3 4 6 7 8 9 10 11 13 14 15 16 17 18 19 23 24 25 ~6 27 28 12, REMEDIES IN EVENT OF DEAFULT. Should Lessee fail to keep, comply with, or perform any of thc agreements, covenants, or conditions of this lease by him agreed to, City shall have the right to terminate this lease and enter upon said premises and remove therefrom all persons and property, and repossess itself as of its first and former estate. In the event of breach or default by Lessee of any condition of this agreement, including failure to pay rent when due, all rental payments shall accelerate and become due and payable immediately and City may keep and retain any advance payments made by Lessee and may recover from Lessee the full amount of rental payments due under this agreement. 13. TAXES. Lessee agrees to pay any possessory interest or other tax which may be levied upon Lessee's interest or upon that portion of City property occupied by Lessee. 15. TIME OF ESSENCE. Time is of the essence of this agreement. 16. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States Mail, postage prepaid and ad- TO LESSEE: TO CITY: James L. Cagle City Manager 390 Washington Avenue City Hall Ukiah, CA 95482 Ukiah, CA 95482 17.. This lease is intended to and does supercede the existing lease of the parties on the subject property. Iill dressed as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, this lease has been executed by Lessee this day of day of '~ , 1980' "~E/SSEE ! · ..'., i.? '"' ! y ~. ~ ..... . · -, .,.:" . ..] ~'~--~-~-', ..... .,'.,~, , ~/ . (_~.,..~- ~.~ James L. Cagle /'." / / "CITY" City of Ukiah, a municipal corpor at~i~n .,. ..,, ./'~. ..... >..;,,,, ...... t./ ..... City Clerk ?IKD. ..... · · DATE · . "Attachment No. 1" JOB NO. '1 - , / ), ' , t I"