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HomeMy WebLinkAbout79-22 1 2 6 8 9 10 11 12 13 14 15 16 18 19 2O 21 22 23 24 25 26 27 28 29 $0 31 ~2 RESOLUTION NO. 79-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING MAYOR AND CLERK TO SIGN LEASE AGREEMENT (SOUTH UKIAH LITTLE LEAGUE) WHEREAS, the City of Ukiah has surplus property which is currently not needed for municipal purposes, and WHEREAS, the South Ukiah Little League has requested that the City lease a portion of that land for its use for recre- ational purposes, NOW, THEREFORE, BE IT RESOLVED that the Mayor and Clerk are hereby authorized to sign a lease agreement with the South Ukiah Little League. PASSED AND ADOPTED this 20th day of September , 1978, by the following roll call vote: AYES:Councilmembers Hickey, Myers, Simpson, Snyder, Mayor Brannon NOES: None ABSENT: None ATTEST: 'City Clerk LEASE AGREEMENT This Lease, made this ~ day of September . , 19 7R by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and the SOuth Ukiah Little League, hereinafter referred to as "Lessee." '{5 6 ,/ W I T N E S S E T H: 8 THAT WHEREAS, the City Council of the City of Ukiah does 9 determine that the use of certain property owned by the City is 10 not required for City use at this time and is available for lease, 11 and 12 WHEREAS, the use of said property by the South Ukiah Little 18 League would be and is beneficial for the citizens of the City ~4 of Ukiah, and 15 WHEREAS, the South Ukiah Little League is a benevolent asso- 16 ciation entitled to own and/or lease property under Sections of 17 the California Corporation Code. 18 NOW, THEREFORE, the parties hereto agree that on the terms 19 and conditions hereinafter expressed, Lessor does hereby let to 20 Lessee and Lessee does· hereby hire from Lessor that certain parcel 21 of property commonly referred to as "Old Sewer Plant", located on 22 city property to the Southeast of East Gobbi Street (Levaggi Lane) 23 County of Mendocino and West of the Russian River, more specifi- 24 cally described on the attached "Exhibit A". 25 26 27 28 29 80 31 82 IT IS FURTHERED 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 (except it may not be cancelled for a minimum of five (5) years from the date it became effective). 3. As rent for the term hereby demised, Lessee agrees to 1 1 2 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 25 26 27 29 30 $1 82 pay to Lessor the sum of One Dollars ($1.00) per year in full consideration 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 here- in. 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 mainten- ance of all improvements. 7. Lessee will not assign this lease or any interest therein and will not let or underlet the said premises or any part thereof 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 re- sulting 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 indemnify 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. -2- 1 2 3 4 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 30 $1 ~2 9. Lessee covenants and agrees to take and keep in force during the life of this lease at Lessee's sole expense, public liability insurance provided by companies licensed to furnish such insurance 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 accident, or Fifty Thousand Dollars ($50,000.00) for property damage. A certification of said insurance naming the Lessor as an additional in- sured and providing for 30 day notification of cancella- tion 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 shall construct for Lessor an all weather road as shown on "Exhibit B." so that Lessor may utilize its remaining property. 12. 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 abandoned. 13. This lease shall become void and of no effect upon final judgment of a~ylegal action against Lessor claiming relief due to noise created by the operation of Lessee. Lessee shall pay for any damages assessed against Lessor as -3- 4 6 8 9 10 11 12 13 14 1,5 16 18 19 20 21 22 23 24 25 26 27 28 29 30 31 82 well as Lessor's attorney fees. 14. Lessee shall have the right of first refusal to the use of the improvements placed on the leased premises. IN WITNESS WHEREOF, this instrument has been executed by the parties hereto on the ~ day of September , 19 78 . SOUTH UKIAH LITTLE LEAGUE PRESIDENT CITY OF UKIAH ~LAY OR SECRETARY ATTEST: CITY CLERK -4- 1978 Lease Agreement - South Ukiah Little ],eague DescrJ.ption EXHIBIT "A" Being a portion of that tract of land, Dil]J. ngham to the Town of ukiah City, as recorded September 10, 1896 in Deeds of Mendocino County, State of California, in Book 69, Paqe 390, said portion being more particularly described as follows: Beqinning at a point on the Westerly line of said tract, said po~.nt being S 9© E 40.00 feet from the Northwesterly corner ~of said tract; thence along the Westerly line of said tract, S E 549 feet more or less to a point which is 75.00 feet Northerly from the Southerly line of said tract, measured at right angles to said Southerly line; thence parallel to and 75.00 feet9~ortl~erly of said Southerly line, N 81°'15' E 550.00 feet; thence N W 549 feet more or less to a point which is 40.00 feet Southerly from the Northerly line of said tract, measured at right angles to said Northerly line; thence parallel to and 40.00 feet Southerly of said Northerly line, S 81°15' W 550.00 feet to the .. point of beginning and containing 6.93. acres, more or ]_ess. Ref: R-13