HomeMy WebLinkAboutAgenda Report - November 4, 1981 (41)AGREEMENT WITIi
Glaves, Council, on mc)tion of Counci loan
DELMAR BATCH FOR second, approved the Agreement with Delmar Batch - renewal
I+EASE OF CITY
PROpF,gTY AppROVF.D of lease of the 27 acre "yirges" parcel and Agraliteement on e
City Manager and City Clerk to execute the A9
behalf of the City.
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CITt COUNCIL
JAMES A McCARTY, Mayor
RONRI G. MURPHY, Mayor Pro Tem
RIC14ARD L. HUCHf S
WALTER KATNICH
JAMES W. PINKERTON. it.
CITY OF LODI
CITY HAIL. 221 WEST PNCE STREET
POST OFFICE ESO% 320
LODI. CALIFORNIA 95241
(209) 334-5634
November 6, 1981
Mr. Delmar D. Batch
1767 E. Harney Lane
Lodi, CA 95240
Dear Mr. Batch:
HENRY A. CLAVES. It.
City Ma"Se►
ALICE Xi REIMCHE
City Ck k
RONALD M. S1EIN
City Attomey
Please be advised that the Lodi City Council by motion action,
approved agreement with you for the renewal of the lease of
the 27 acre "Hines" parcel. This agreement covers a rental
fee of $100.00 per acre and is for five years.
We would ask that you execute the agreement, retaining one
copy for your file and returning the fully executed original
copy to this office.
We have enclosed a stamped self-addressed envelope for your
convenience.
Should you have any questions regarding this matter, please
do not hesitate to call.
Very truly yours,
&'0 %.
lf4�
Alice M. Reimche
City Clerk
AR: dg
Enc.
L E A S E
THIS LEASE, made and entered into this 4th
day of November , 1981, by and between the CITY
OF LODI, a municipal corporation, hereinafter called
"Lessor", and DELMAR D. BATCH AND DORIS BATCH, his wife,
hereinafter called "Lessee";
W I T N E S S E T H:
That for and in consideration of the rents to be
paid and the covenants and conditions to be faithfully
kept and performed by the Lessee, as hereinafter reserved
and contained, Lessor does hereby lease to Lessee, for
agricultural purposes, the property situate in the County
of San Joaquin, State of California known as the "Hines"
parcel and being a parcel containing approximately
twenty-seven acres, more or less, located on Lower.
Sacramento Road and Highway 12, San Joaquin County,
California.
This Lease is made upon the following terms,
conditions, and agreements:
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1. The term of this Lease shall be for a period
of five years commencing on October 15, 1981
and terminating at midnight October 14, 1986
or whenever the then current going crop being raised by
Lessee has been harvested, whichever event occurs last.
2. The rent for said premises shall be $2700. annually,
the first payment being made simultaneously upon execution
of this lease and the annual payments thereafter to be
on the 15th day of October each year.
3. The Lessor shall have the right to enter upon
said premises to inspect the same at all reasonable times.
4. Lessee is to hold Lessor free and harmless
from all liability and claims for damages by reason of any
injury to any person or persons, includinq death, and
Lessee further agrees to hold Lessor free and harmless
from any claims, suits, or actions involving property
damage arising out of Lessee's use or occupancy of the
demised premises. In this regard, Lessee agrees to carry
public liability insurance in a sum not less than $100,000.00
for each person and an aggregate of not less than $300,000.00
for each occurrence, and property damage in a sum not less
than $25,000.00. Said policies of insurance shall name
as an additional insured, Lessor.
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5. The Lessee shall promptly pay any and all
costs which he may incur or for which he may be respon-
sible,.in connection with the said leased premises, and
shall not allow any such costs to become a lien upon
said premises.
6. Lessee shall not assign nor sublet the whole or
any portion of the demised premises without prior written
permission from Lessor.
7. Lessor is to be at no cost or expense of any
kind whatsoever in the farming and/or irrigating of said
leased property.
6. In the event of any default in the payment of
rent, or in the breach or failure to perform any of the
terms and conditions of this lease to be kept and per-
formed by Lessee, or if the Lessee should be adjudicated
a bankrup, then Lessor shall have the right to immediately
terminate this Lease, and enter upon and take possession
of the premises, and remove all persons and property from
the premises. Should Lessor elect to re-enter, as herein
provided, or should it take possession pursuant to legal
proceedings or pursuant to any notice provided for by law,
it may either terminate this Lease, or it may, from time
to time, without termination, relet the premises for the
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T
07,
account of Lessee. Lessor, in the event of termination
of the Lease, in addition to any other remedy it may
have, may recover from Lessee all damages it may incur
by reason of such breach, including costs of recovering
the premises, including a reasonable attorney's fee to
be determined by an appropriate Court of proper juris-
diction. Lessor may also pursue any other remedy
allowed in law or equity for recovering the rent,
possession, or damages.
9. In the event that it becomes necessary for
Lessor to use the leased property for the development
of a storm drainage basin{ then Lessor reserves the
right to cancel this lease upon 90 days' prior written
notice to Lessee. In such event, Lessor shall be
responsible for the payment of any and all costs of
farming the then current crop as of the date of the
Notice of Termination.
10. This Agreement shall include, bind, and
inure to the benefit of the heirs, executors, administrators,
successors, and assigns of the respective parties hereto.
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IN WITNESS WHEREOF, the parties hereto have
executed this Agreement the day and year first herein-
above written.
CITY O LODI, a municipal corporation
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By
Attest:'HENRY A. GLAVES, City Manager
Hereinabove called 'Lessor"
Al.led
ce' M. Rex c e
City Clerk
DEW - R D. BATCH
RIS BATCH
Hereinabove called "Lessee"
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