HomeMy WebLinkAboutAgenda Report - July 1, 1987 (95)CITY OF LODI COUNCIL CONMINIUNICAT107N)
PUBLIC WORKS DEPART.VENT
TO: City Council
FROM: City Manager
MEETING DATE: July 1, 1987
AGENDA TITLE: Approve White Slough Lease Agreement with the University of
California (Area West of Thornton Road, Approximately Two
Miles South of Highway 12)
RECOMMENDED ACTION: That the City Council authorize the City Manager and
City Clerk to execute the Lease Agreement between the City of Lodi and the
University of California.
BACKGROUND INFORMATION: The University of California and Dale Chapman, our
current lessee of the 1.1 acre tree research plot at the White Slough Water
Pollution Control Facility, have requested continuation of the lease in the
name of the University of California. The Chapman Forestry Foundation lease
expires June 30, 1989. The University would like to continue the variety
trial planting program at White Slough for the period July 1, 1989 to
June 30, 1997. Because of the lonq-term nature of the tree research, the
University needs relatively long commitments and lead time in order to plan
their trial planting program.
The concept of this Lease Agreement has been reviewed and approved by the
City Attorney. The current lease has no rental amount and the proposed lease
would also have no rental amount for the 1.1 acres involved,
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APPROVED: J ' %� + FILE NO.
THOMAS A. PETERSON, Crt Mana er
CWHITESL/TXTW.02M June 23, 1987
5 -:
S r�•.` �... EASE A tr WN i W _T ,
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F y i_t Li V: 1.=ji 1.
RS i
This lease is entered into as of July 1, 1989, by and between the City of
Loci ;Lessor) and the Regents of the University of California, a corporation
iversit✓) .
t, DESCRIPTION. Lessor hereby leases to Universitv the premises des-
cribed as follows:
Exhibit A - Chapman Lease L.1 acres
2.
TER'i. The
tern of this lease shall be
for the period beginning, July
1, 19:99,
and ending at
midnight June 30, 1994.
3.
RFN.. The
total rent is none dollars
1$ none),
payable on the
" o ing
dates and in
the following amounts:
4_
OPTIONS TO
EXTEND. University is hereby
granted
the option to extend
Lease upon these same terns and
conditions
for the following
the terga
of this
period(s):
Not applicable.
University shall give Lessor written notice of the exercise of the option
not aoolicable days prior to expiration of this lease.
5 UTILITIES AND SERVICES. Lessor shall pay for all utilities and
services, with the following exception(s):
none.
6. LESSOR'S IKPROVEMENTS. Prior to the commencement of the term of this
lease and at its own expense, Lessor shall complete the following alterations
and improvements:
None.
7. NOTICES. All notices under this lease shall be effective only if made
in writing and delivered by personal service, by registered mail, or as other—
wise may be required by law, as follows:
To University: Director of Administrative Services
University of California
Division of Agriculture and Natural Resources
2120 University Ave.
Berkeley, CA 94720
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F IED LEASE FaOVIS IOC � S - r—
HE :Z -GENTS OF THE UN l -VE cS I!f
�i
I. THE PROPERTY.
The area to be leased by Lessee from Lessor is more specifically set forth
and shown on and outlined on Exhibit A attached hereto and that area is out-
lined in red. Lessee is also given the right of ingress and egress to said
property over the existing dirt road, which is indicated by a green line on
Exhibit A. Lessee does hereby acknowledge that its right of ingress and egress
is no -i -exclusive and that said road is used by Lessor and other tenents of
Lessor for other property adjacent to the Leased property. In the event that
Lessee's use of said roadway easement results in greater repair and maintenance
than that heretofore required, then any extra repairs or maintenance shall be
the responsibility and shall be paid for by Lessee.
2. OBLIGATION TO MAINTAIN.
It shall be Lessee's obligation to maintain fencing an the boundary of the
leased property sufficient to prevent grazing animals being pastured on Lessor's
remaining property from entering upon. the property being leased to Lessee_
3. PLANTING APPROVAL.
Lessee agrees that said premises shall be used only for the purpose of raising
and growing trees or other types of vegetation, which plantings shall have
the prior approval of the Lessor.
4. PRIMARY PURPOSE OF LAND.
Lessee accepts this lease with the understanding that Lessor may terminate said
lease as to any portion of the leased property that may be required by Lessor
in the construction, maintenance, or operation of the White Slough Water Pollu-
tion Control Plant facilities at the sole discretion of Lessor. Lessor shall
give Lessee at least 60 days prior notice in writing of its intention to withdraw
from the terms of said lease such property as may be required by Lessor.
5. MAINTENANCE.
Lessee agrees to control the weeds within the property shown on Exhibit A
so that there are no problems with mosquitos or fire hazards. If a mosquito
problem or fire hazard is created by Lessee and the necessary weed abatement is
not done by Lessee, then said weed clearing will be done by Lessor for the
account of and at the cost to Lessee, who shall be responsible for payment of
said abatement program.
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6. WATER.
Lessor
will, to
the best of its ability,
provide irrigation
as desired by
Lessee
by using
the existing automatic sprinkler system, but•Les'sor
s^all be
under
no responsibility
to guarantee the
coltir:uing existence
of said water
sanely.
Lessor
xl: t.e respor,sible for
t=Ee fiinCCnance of
the aprLnRie-r
system.
7. TERMINATION CF LEASE_
Upon the termination of this agreement, if so requested by Lessor, then Lessee
will, at its sole cost and expense, remove ail trees, stumpage and vegetation
from the subject parcel and shall leave said parcel in the same condition as
the property was prior to the trees and/or vegetation being planted.
8. SUBLET OF LEASE.
This lease cannot be assigned or sublet without the prior written consent of
Lessor. In the event that any legal action is instituted to enforce any of
the terms or conditions of this lease, the prevailing party in any such
litigation shall be entitled to any attorney's fees that shall be fixed by the
court in that action.
9. HOLD HARMLESS.
Lessee agrees to indemnify and hold lessor free and harmless from any claims
or demands for injury or damages to persons or property that may result from
Lessee's use and occupancy of said lease property provided such claims demands
or damages are caused by or result from the neglient act or omissions of
lessee, its officers, agents and employees or any person or persons under
lessees direct supervision and control.
10. USE OF PREMISES.
University shall use the premises only for University business.
11. HOLDING OVER.
UniversityyIs holding over with the consent of Lessor after expiration of the
term shall create only a tenancy from month to month upon the terms and
conditions specified in this lease.
12. ALTERATIONS.
University may make any alterations, improvements, or additions on the
premises with prior approve from Lessor.
13.
NONLIABILITY AND INDEMNIFICATION OF LESSOR.
University agrees to indemnify Lessor for liability or claim for damage for
personal injury, death, or property damage resulting from University's own
acts or omissions on the premises during the term of this lease.
14. INSURANCE REQUIREMENTS FOR ALL LEASE AGREEMENTS-
^,,;_ _tc;;ents of the University of Californias agrees to maintain in full force
during z_he term hereof a policy of general lia-Dili Ly insur,ince which CU:: .__iS
"^,!'iuitiG n31 'va:led Insured F€ldorselTlenL n3'.l in the 1.1 t}+ of L0ii1 :1 to
AAditional insured, and tinder which the insurer ig:ees to indemnity lri ei iiq i��
the City of Lodi harmless from and against all costs, expenses, and iiab.iit
arising out of, or based upon, any and all property damage, or damages for
personal injuries, including death, sustained in accidents occurring in or
about the demised premises; where such accident, damage or injury, including
death, results or is claimed to have resulted, from any act or omission orl the
part of The Regents of the University or agents or employees in the
implementation of this r.ontract.
"University at its sole cost and expense shall insure its activities in
connection with this Agreement and obtain, keep in force and mai7ntain
insurance as follows:
L. "Comprehensive Form General Liability lnsurance or an equivalent program
of Self -Insurance (automobile owned, non -owned, contractual, products and
completed operations coverages incl'►ded) with a combined single limit no
less than $1,000,000 per occurrence. If such form of coverage would not
be obtainable then:
2. "Commercial Form General Liability Insurance or an equivalent program of
Self-Insurac--e with limits as follows:
(a) General Aggregate $5,000,000
(b) Products Completed Operations Aggregate 5,000,000
(c) Personal and Advertising Injury 1,000,000
(d) Each Occurrence 1,000,000
However, if such Insurance or program of Self -Insurance is written on a
claims -made form following termination of this Agreement coverage shall
survive for a period of no less than five years. Coverage shall provide
for a retroactive date of placement coinciding with the effective date of
this Agreement.
3, "Business Auto Liability Insurance or an equivalent program of
Self -Insurance for owned scheduled, non -owned, or hired automobiles with
a combined single limit no less than $1,000,000 per occurrence.
A duplicate or certificate of said bodily injury and property damage insurance
containing the above -stated required endorsements shall be delivered to the
City Attorney after the issuance of said policy, with satisfactory evidence
that each carrier is required to give the City of Lodi at least 30 days' prior
notice of the cancellation or reduction in coverage of any policy during the
effective period of this Agreement. The insurance certificate must state on
its face or as an endorsement, the name of the White Slough 1.1 Acre Tree Test
Plot that it is insuring. If there has been no such delivery within
fortyeight (48) hours prior to the commencement of any portion of the project,
this lease shall be null and void and the project shall be cancelled. A
duplicate or certificate of said insurance must be in the City's hands at the
time of the execution of the lease agreement. All requirements herein
provided shall appear either in the body of the insurance policies or as
endorsements and shall specifically bind the insurance carrier. This
paragraph and all other provisions of this lease shall apply and be construed
as applying to any subtenant of the Regents of the university of California.
15. ATTORNEY'S FEES.
In the event University or Lessor brings suit against the other to enforce
rights under this lease, the prevailing party shall recover from the other
reasonable attorney's fees to be fixes: by the co*irt.
16_ ENTRY OF PREMISES BY LESSOR.
Lessor may enter at reasonable times to inspect the premises and to make
necessary repairs.
17. NOTICE.
Any notice or communication regarding this agreement shall be addressed to the
respective parties as follows:
City of Lodi
P.O. Box 320
Lodi, CA 95241
Attention: Public Works Director
University of California
Division of Agriculture and Natural Resources
2120 University Ave.
Berkeley, CA 94?20
Attention: Director of Administrative Services
White S 1 cxgh
Trwtnx:!nt
To Lessor: City of Lodi
By written notice to the other, either party may change its own mailing address_
8. STANDARD LEASE PROVISIONS. Attached and incorporated as if campleteLy
set out here at lenstth are the Standard Lease Provisions with The Regents of the
University of California as Lessee, November, 1982. In the event of conflic~-
between the Standard Lease Provisions and this Standard Lease Agreerent, the
terms of the Agreemerr shall control.
9. EXCEPTIOvS TO STANDARD LEASE PROVISIONS. The following numbered
paragraph(s) of the Standard Lease Provisions with The Regents of the University
of California as Lessee are modified as set forth below:
See attached modified lease provisi-)ns.
The parties have executed this lease on the day and year first written above.
Lessor: CITY OF LODI, CALIFORNIA
by Thomas A. Peterson
City,Manager
A TT ST -
Alice M. Reimche
City Clerk
The Regents of the University of California:
by
by
Attachment: Standard Lase Provi-ions with the
Regents of the University of California as Lessee
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