HomeMy WebLinkAboutAgenda Report - October 2, 2013 C-07AGENDA ITEM C '
ahCITY OF LODI
COUNCIL COMMUNICATION
• TM
AGENDA TITLE: Adopt Resolution Extending White Slough Water Pollution Control Facility
Agricultural Leases
MEETING DATE: October 2, 2013
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution extending White Slough Water Pollution Control
Facility agricultural leases.
BACKGROUND INFORMATION: The City has two agricultural lease parcels at White Slough Water
Pollution Control Facility (WSWPCF) which total approximately 877
acres. Both leases expire on December 31, 2013. The current
tenants are Kirschenman Farms (659± acres) and Lima Ranch (218+ acres). Farming is the secondary
function of the agricultural reuse areas at WSWPCF. The primary function of the farming operations is to
distribute treated municipal effluent and industrial discharges (primarily from Pacific Coast Producers) to the
reuse areas during the summer months (irrigation season) and application of dewatered biosolids as a
fertilizer for the crops.
Both tenants have agreed to extensions containing the previous lease amendments. Additionally, both
tenants have performed very well during the current lease period, and staff believes extending the leases
is in the best interest of the City. Information obtained from the University of California Agricultural
Cooperative Extension reflects that lease rates on land where feed and fodder crops are grown typically
vary between 15% and 25% of the gross receipts. Based on this information, staff believes the current
lease rate of 20% of gross receipts is appropriate.
Revenues generated for the past four years from the agricultural leases are listed below. The variation is
related to crop production.
• 2009/10 - $1017015
• 2010/11 - $131,027
• 2011/12 - $261,004
• 2012/13 - $200,891
Staff recommends Council adopt a resolution extending the WSWPCF agricultural leases for the period
of January 1, 2014 through December 31, 2018 for agricultural land at WSWPCF.
FISCAL IMPACT: The rent for both leases is proposed to remain at the lease rate of 20% of
gross receipts for the crops grown.
FUNDING AVAILABLE: Not applicable.
F. Wally S delin
Public Works Director
Prepared by Rebecca Areida-Yadav, Management Analyst
FWS/RAY/pmf
cc: Larry Parlin, Deputy Public Works Director -Utilities Kirschenman Farms
Lima Ranch
APPROVED:
-
0 dt Ba am, ity Manager
K:\WP\PROPERTY\WHTESLGH\ccExtend W S Leases 2013.doc 8/14/2013
LEASE EXTENSION AGREEMENT
LEASE FOR AGRICULTURAL LAND
THIS CONTRACT EXTENSION AGREEMENT, made and effective this day
of , 2013, by and between the CITY OF LODI, a municipal corporation,
hereinafter called "Lessor', and LIMA RANCH, hereinafter called "Lessee."
WITNESSETH:
1. CONTRACT: Lessor and Lessee, entered into a contract on July 10, 2008 for the lease
of agricultural land at White Slough Water Pollution Control Facility which expires on
December 31, 2013.
2. TERM AND TERMS: The term of this Lease Extension Agreement shall be for a period
of five (5) years, commencing on January 1, 2014 and terminating December 31, 2018.
The Agreement may be extended by mutual agreement of the parties for an additional
term as specified. All other terms and conditions will remain as set forth in the Lease for
Agricultural Land attached hereto as Exhibit 1 and made a part hereof as though fully set
forth herein.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease Extension
Agreement on the date and year first above written.
CITY OF LODI, a municipal corporation LIMA RANCH,
hereinabove called "Lessor" hereinabove called "Lessee"
KONRADT BARTLAM, City Manager
Attest:
RANDI JOHL-OLSON, City Clerk
Approved as to Form:
D. STEPHEN SCWABAUER, City Attorney
Exhibit 1
LEASE
FOR
AGRICULTURAL LAND
at
White Slough Water Pollution Control Facility
THIS LEASE, made and entered into this day of :1 L&A , 2008, by and
between the CITY OF LODI, a municipal corporation, hereinafter calle Lessor, and LIMA RANCH
hereinafter called Lessee.
WITNESSETH:
1. PROPERTIES: That for and inconsideration of the rents to be paid, and the covenants to be
faithfully kept and performed by said Lessee, said Lessee does hereby lease, hire, and take from
said Lessor, those certain properties described as follows:
Those certain properties described in Exhibit A attached hereto, and by this reference made a
part hereof. Property to be leased totals 218 acres +.
2. EXTENSION: Although the current lease does not expire until December 31, 2008, it is a
condition of this extension that Lessee agrees to apply the requirements of this lease extension in
the final year of the current lease.
3, TERM: The term of this Lease shall be for a period of five (5) years, commencing January 1,
2008, and terminating at midnight on December 31, 2013. In order that the tenants have adequate
time to plan their farming operations, bids for the lease of this property after December 31, 2013,
will be called for approximately one year before that date.
4. RENT: In consideration of said Lease, Lessee agrees to pay to Lessor as rent for the demised
premises based on the gross value of crops produced on the properties. The amount paid by
Lessee shall be 20% of gross receipts for crops grown, including any deferred payments, credits,
stock, or other compensation including crop insurance payments. If a crop is successfully
produced but not sold, the value will be determined by similar sales by other tenants or market
rates for the crops.
Fallowed acreage shall be assessed a flat fee of $100.00 per acre in lieu of gross percentage.
Planted acreage left unattended shall also be assessed a flat fee of $100.00 per acre.
Lessee shall maintain adequate records of crop yields and gross receipts, and make such records
available to Lessor for purposes of verification.
For the purposes of this lease gross receipts shall mean the total revenue of any sort received by
Lessee at sale of crop. No reduction of gross will be allowed for any cost incurred by Lessee due
to planting, growing, harvesting, or hauling of crop. Any additional cost incurred by Lessee for
services by others in conjunction with the above crop production practices will also not reduce
gross receipts.
Methods of verification may include any or all of the following; weigh tickets, sale receipts, and/or a
contract for sale between Lessee and Broker. Lessee shall supply copies of weigh scale
certification to verify accuracy of weight results. Lessor will be free to contact weigh facilities or
purchasing agents from time to time as needed to verify quantities and sale amounts.
Rental payments shall be made on or before June 1"` of each year for the prior winter rotation crop
and on or before December 1st of each year for the summer crops and shall be directed to the
Public Works Department, 221 West Pine Street, P. O. Box 3006, Lodi, California, 95241-1910, for
processing and shall be paid without prior notice or demand.
G:1MMMITESL01LeasesUrna#2008 Land lease.doc 1 5/27/2009
5. SECURITY: Tenant shall post security of $35,000 to secure its obligations under this
agreement. The deposit shall be fully refundable upon Tenanrs full satisfactioon of the
obligations hereunder. In the event Tenant defaults on any of Its obligations, Landlord shall be
entitled to deduct from the deposit for the full amount of its losses resulting from the default.
The security may be in the form of a letter of credit, cash deposit, deed of trust or other form of
security in such form and on such terms as is approved by the Lodi City Attorney's Office.
6. USE: The properties shall be used solely far the purpose of growing, cultivating, fertilizing,
irrigating, end harvesting of agricultural crops while ensuring bas; farm practices, consistent
with the terms of this lease, are maintained. During the term of this Lease it Is understood and
agreed by the parties hereto that Lessee shall be required to accept industrial wastewater,
treated domestic effluent, and biosolids from City's White Slough Water Pollution Control
Facility. Lessor will make available all excess domestic effluent, at no cost to the Lessee. it is
further understood and agreed by Lessee, that Lessee must comply with all present and future
laws, ordinances, rules, and regulations promulgated by any governmental authority of
competent jurisdiction regulating the type of crops that can be grown on the properties during
the lease term and any extension thereof. Lessee accepts the properties with the full
understanding that the Callfomia Department of Health Services regulations (Title 22, Division
4), will limit Lessee to growing only fodder, fiber, or seed crops once industrial wastewater,
treated domestic effluent, and biosolids are applied on the properties. Further, Lessee shall be
permitted to use the properties for agricultural activities consistent with the terms of this Lease
and as permitted by all governmental authorlties, Including but not limited to, the California
Department of Health Services. Further, Lessee agrees to manage the irrigation of the
properties with industrial wastewater, treated domestic effluent, and btosolids from the White
Slough Facility in such a manner that It will not allow the discharge of any runoff to White
Slough, other waters of the Delta, or adjacent private or public property, and meet all
regulations Imposed by all governmental authorities having proper jurisdiction, including but not
limited to, the Central Valley Regional Water Quality Control Board. Lessee shall use and
occupy said premises in a quiet, lawful, and orderly manner. Lessor and Lessee further agree
that they shall permit no hunting, fishing, or public access to any part of the properties,
Including Lessee.
7. ACREAGE REQUIREMENTS AND FERTILIZER USE: Because the primary goal for the
leased land is disposal of industrial wastewater, treated domestic effluent, and blosolids, in a
manner that meets or exceeds regulatory requirements, It is necessary to define practices
which will maximize this goal. To achieve the stated goal on a yearly basis It will henceforth be
a requirement of the lease that 350 acres be planted to feed corn. To further maximize this
effort a second crop of wheat or oats shall be ;planted after harvest of the corn. Because there
are multiple leased parcels, the portion allotted to each Lessee may be Increased or
decreased by mutual agreement by tenants to maintain a minimum 350 acres of corn between
the Lessees. To manage our goal it will be necessary for Lessee to submit an annual crop
plan for each planting cycle along with the necessary harvesting and planting sheets. The plan
will include crop type and acreage for each crop. It will also be necessary for Lessee to keep
City staff apprised of Irrigation and harvesting schedules. To better accomplish this
notification, lessor shall Install kiosks at several locations that lessee shall use to Identify
Irrigation start and stop times, and harvest schedules for selected fields. Additionally, because
loading rates for blosoltds are determined by agronomic uptake of nitrogen for the crop, it will
be necessary to better coordinate the field loading by ensuring the fields where blosolids are
applied are loaded as equally and simultaneously as possible. The City will notify ahead of
application days so that the Irrigation system Is available for this purpose. It will continue to be
necessary to prohibit the application of any natural or chemical fertilizers or any other chemical
without written approval of the Lessor. Lessor shall employ the services of a licensed
agronomist to help City staff and lessee better manage farming practices to meet the desired
goals of both parties.
KAWP%PROPERMWHTESLGKLima 2008 Land lease.doc 2 4!3!2008
8. AVAILABILITY OF LESSEE: Because of the type of operation of the White Slough Water
Pollution Control Facility, it is imperative that Lessee or a representative be readily available in
case plant personnel must change any plant operation. That representative must be able to
understand and speak English. Lessee shall be responsible for keeping the City Public Works
Department advised of a current telephone number and contact person(s) who can be reached
7 days a week, 24 hours a day.
9. REMEDIES ON DEFAULT: Should Lessee fall to pay any part of the rents herein specified at
the times or in the manner provided, or fail to comply with or perform any other of the terms
and provisions of the Lease on the part of Lessee to be performed or compiled with, then and
in that event, Lessor may exercise any and all remedies provided by law or equity by reason of
such default, including the right at Lessor's option, of terminating the Lease. In any of such
events, Lessor shall be entitled to the immediate possession of said leased premises, and at
their option, may enter into and upon said premises without notice to Lessee and exclude
Lessee and all persons and all property therefrom, and by process of law or otherwise take
and resume possession of said premises. Each and all of Lessor's remedies shall be
construed as cumulative and none of them as exclusive of the other or as exclusive of any
remedy provided by law or equity.
10. RELATIONSHIP OF PARTIES: It is understood and agreed that the relationship between the
parties is that of landlord and tenant and not as a party or agent of Lessor. Lessee, or its
subtenant, shall cavy Worker's Compensation Insurance and observe all laws and regulations
applicable to employers. A copy of Worker's Compensation insurance shall be on file in the
Public Works Department.
11. DITCH, ROAD, AND PROPERTY MAINTENANCE: Lessee shall maintain and pay all costs
of maintaining the irrigation lines, ditches, perimeter fences, and all access roads located on
the properties. The perimeter fencing required by the State regulatory agencies will be
maintained with material supplied by the City. All ditches and banks shall be kept free from
weeds and other obstructions and have sufficient capacity to care for a reasonable head of
water. In cases where ditches are not in proper condition to receive water, Lessor shall order
the ditches cleaned and failure to do so will be sufficient cause for denial of water. Lessee
shall further be responsible, at its sole cost and expense, for maintaining and repairing all
improvements located on the properties, including but not limited to, wells, canals, drainage
ditches, fences, and other improvements of any nature whatsoever located on the demised
premises. Lessee will ensure no damage occurs to ground water monitoring wells located in
or near farmed properties by tenant or their agents.
12. DELIVERY OF WATER: When the water supply and the capacity of the ditch Is such that a
rotation basis of delivery is necessary, a system of rotation may be utilized at the discretion of
Lessor and may be changed in any section at the discretion of the Lessor. Lessor shall have
full authority to stop water delivery if needed for plant operation or on account of any violation
of the rules and regulations.
13. WASTE OF WATER: Any Lessee over irrigating or wasting water on roads, vacant lands or
land previously Irrigated, either willfully or carelessly or on account of defective or unclean
ditches, poor equipment or unleveled land to an unreasonable depth, will be refused the use
of water until such conditions are remedied to the satisfaction of Lessor.
14, FLOOD RISK: Tenant acknowledges that he is fully acquainted with the demised premises,
all facilities affecting the demised premises, and the possibility that the leased premises could
be flooded from many causes Including, without limitation, the following:
KAWPIPROPERTYWHTESLGH1LIme 2008 Land lease doc 3 412/2008
A. Levee overtopping and levee failure due to natural causes such as winds, tides,
barometric pressure changes, rainfall or Its runoff, earthquakes, levee settlement, and
rodents.
B. Levee overtopping and levee failure due to man -related causes including negligence of
Lessor, any reclamation district or Improper levee maintenance, flood fighting and/or
patrol, dredging, water releases, obstruction of water flows, and water diversions.
C. Failure of the drainage system due to natural or man -related causes including
negligence of Lessor, any reclamation district, and other governmental agency.
D. Failure to construct, repair, maintain, or operate levees, drainage, or irrigation facilities,
or other facilities, whether due to limited funding or otherwise.
E. Some localized flooding may occur as a result of Lessee being required to accept
industrial wastewater, treated domestic effluent, and bicsolids.
Tenant hereby expressly assumes the risk of damage arising out of the above and hereby
waives the right (including the right on the part of any Insurer through subrogation) to make
any claim pertaining to the some as against the state of Caltfornla, the United States, all
reclamation districts, the counties, all other agencies of government, and Lessor and their
officers, agents, and employees.
15. ASSIGNMENT AND SUBLETTING: Lessee shall not assign, encumber, convey, or
otherwise hypothecate this Lease, to whole or any part;, without first obtaining the written
consent of lessor. Lessee shall be permitted to sublet the properties to a responsible person,
firm, or corporation, but any such subletting or use by another person, firm, or corporation shall
In no way release Lessee from the obligation, conditions, and terms of this Lease. Lessor shall
furnish In writing to Lessor the name of any subtenant, and any sublease entered into by
Lessee shall Incorporate the terms, provisions, and conditions of this Lease,
16. ENTRY BY LESSOR: Lessor shall have the right at all reasonable times during the term of
this Lease to enter said leased premises for the purpose of examining or inspecting the same.
17. REPAIRS: Lessee shall be solely responsible for all repairs to the properties. Lessee shall
notify Lessor, in writing, of any alterations or additions to the leased premises and major
alterations or any alteration that would Interfere with Lessor's wastewater discharges on the
leased premises shall be first approved by Lessor before the some is made. All alterations,
additions, or improvements made in, to, or on the damtsed premises shall, immediately upon
the Installation thereof, become and be the property of the Lessor and shall remain upon and
be surrendered with the premises.
Lessee shall be responsible to Lessor for all damages caused by willful neglect or careless
acts and upon his failure to repair such damage after notification by Lesser, such repairs shall
be made at his expense by Lessor.
18. ENFORCEMENT OF RULES: Refusal to comply with the rules and regulations, and the
requirements hereof or the interference with the discharge of the duties of Lessor shall be
sufficient cause for shutting off the water. Water will not again be furnished until full
compliance with all requirements of the ruies and regulations or contract agreement.
19. SURRENDER THE PREMISES: Lessee shall, at the termination of the term hereby created,
or upon the earlier termination hereof for any reason, or upon the extension of the term herein
set forth, quit and surrender said premises in good order, condition, and repair reasonable
wear and tear and act of God or fire excepted.
KAWPIPROPERTYIWHTESLGHUrna 2008 Land leese.doc 4 402006
20. FEES: Lessee shall pay all personal taxes, licenses fees, or other fees or taxes, levied by any
governmental agency which may be imposed upon the business of Lessee or its subtenant
which are attributable to Lessees use of the premises.
If any of the above charges are assessed against the real property, and because of said
assessment, the Lessor pays the same, which Lessor will have the right to do regardless of the
validity of any such levy, the Lessee upon demand will repay to the Lessor all taxes and other
assessments so levied against the Lessor which are due by the Lessee.
Lessor shall pay all real estate taxes and fees for special district assessments of the real
property.
21. UTILITIES: Lessee agrees to pay, during the term hereof, all utilities of any nature
whatsoever used upon said leased premises except for the run-off collection system located
on the property. M the event Lessee creates excessive runoff by over irrigation, Lessee may
be required to pay the cost of runoff collection.
22. WASTE Lessee shall not maintain or commit, nor suffer to be maintained or committed, any
nuisance or waste 1n or about: said leased premises, nor do or permit anything to be done in or
about said premises, nor keep anything thtwein, which will In any way conflict with any law,
ordinance, ruts, or regulation aftcdng the occupancy and use of said premises, which have
been or may hereafter be enacted or promulgated by any public authority,
23. MECHANIC'S LIEN: Lessee agrees to keep said premises free from all liens and claims of
mechanics, laborers, material suppliers, and others for work done, and material furnished, and
Lessee shall not create or suffer to be created any lien or encumbrance on said premises.
24. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: Lessee agrees to indemnify
and Hold harmless Lessor from and against all claims of whatever nature arising from any act,
omission, or negligence of Lessee or Lessee's contractors, licensees, agents, servants, or
employees, or arising from any accident, injury, or damage whatsoever caused any person, or
to the property of any person, occurring during the term thereof, in or about the demised
premises where such accident, damage, or injury, Including death, or Is claimed to have
resulted, from any act or omission on the part of Lessee or Lessee's agents or employees.
This Indemnity and hold harmless agreement shall include Indemnity against all costs and
expenses, including allomey's fees incurred In or in connection with any such claim or
proceeding brought thereon and the defense thereof. Lessee agrees to maintain In full force
during the term hereof a policy of public liability insurance under which the Lessee Is named as
insured, and containing an additional named insured endorsement naming City of Lodi. its
Elected and Appointed Boards, Commissions, Officers, Agents and Employees as sWI ional
insured, and under which the insurer agrees to Indemnify and holt Lessee and Lessor
harmless from and against all costs, expenses, and ilability 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 on the part of
Lessee, or Lessee's agents or employees. The minimum limits of such insurance shall be
$1,000,000.00 (One Million Dollars) per occurrence. In addition to the additional named
Insured endorsement on Lessee's policy of insurance, said insurance policy shall be endorsed
to include the following language:
"Such Insurance as Is afforded by the endorsement for additional insureds shall
apply as primary Insurance. Any other insurance maintained by the City of Lodi
and Appointed Boards, Commissions, Officers, Agents, Employees, and
Volunteers shall be excess only and not contributing with the coinsurance
afforded by this endorsement."
KAW WROPERMWHTESLGHUrna 2008 Land lease.dcc 5 41212008
A duplicate or certificate of said public liability and property damage insurance policy
containing the above -stated mqukW endorsements shall be delivered to Lessor within ten
(1 0) days after the issuance and each renewal of said policy. This paragraph, and all other
provisions of this Lease, shall apply and be construed as applying to any subtenant of
Lessee.
25. BANKRUPTCY, RECEIVERSHIP, AND INSOLVENCY: If Lessee should make a general
assignment for the benefit of creditors, or file a voluntary petition in bankruptcy, or be
adjudicated bankrupt or insolvent, or permit a receiver to be appointed to take possession of a
substantial portion of Its assets or of this leasehold, and such bankruptcy, Insolvency, or
receivership proceeding shall not be dismissed within ninety (90) days, then Lessor may,
without notice or demand, terminate this Lease and forthwith reenter and repossess the
properties, and remove all persons therefrom, and under no circumstances shall this lease be
assignable or transferable by operation of law.
26. EMINENT DOMAIN: If the whole or any portion of the premises hereby leased shall be taken
by any public authority under the power of eminent domain, whether by negotiation or
otherwise, then the term of this Lease shag cease as of the date possession is taken by such
authority as to that portion taken, and the rental thereafter due or payable shall be reduced for
the portion taken at the rental rate per acre then in effect. All damages awarded for such
taking under the power of eminent domain, whether for the whole or a part of the leased
premises, shall be the property of Lessor. Provided, however, that Lessor shall not be entitled
to any award made to Lessee for loss of business, business leasehold improvements, and
crops.
27. ATTORNEY'S FEES: In each suit brought for the recovery of any rent due hereunder, or for
the recovery of the possession of said demised premises, or for the breach, or to restrain the
breach, of any of the terms, conditions, .or covenants of this Lease, the prevailing party shall be
entitled to a reasonable sum as and for aitomey's fees therein, the amount of which shall be
determined by the court In such suit and added to and become a part of the Judgement therein.
28. WAIVER: Failure of Lessor to Insist upon performance of any of the terms or conditions
of this Lease in any one or more instances shall in no event be construed as a waiver or a
relinquishment of its right to future performance thereof, and Lessee's obligations to such
future performance shall continue in full force and effect. The receipt by Lessor of rent, with
the knowledge of the breach of any agreement or condition hereof, shall not be determined to
be a waiver of any such breach.
29. ACCEPTANCE OF LEASEHOLD ESTATE: Lessee has examined the leased premises,
knows the conditions thereof, and accepts possession thereof in their condition.
30. TERMINATION OF LEASE:
A. By Lessee. Lessee shall be permitted to terminate this Lease at Its option in the event
govemrnental laws, rules, or regulations, Including, but not limited to, those
promulgated by the California Regional Water Quality Control Board or the Callfomia
Department of Health Services, prohibit the growing of any crop on the properties. in
the event Lessee terminates this Lease as provided above, crop payments shall be
due for crops harvested prior to the date of termination.
Lessee shall also be permitted to terminate this Lease for any reason whatsoever if
written notice is given to Lessor six (6) months prior to the end of any individual year
covered under this lease. Lessee shall be responsible for all crop payments due for
the entire calendar year in which such notice is given.
B. By Lessor. Lessor may terminate this lease if it determines, in its sole discretion, that
the demised premises are necessary for any City function or any other purpose
KAWPIPR0PERTY1WHTE8LGHWrn9 2ooe Land lesse.doo 6 402008
approved by the City Council, In such cases, the Lessor shall give to the Lessee six
(6) months written notice thereof, and crop payments shall be due for crops harvested
prior to date of termination.
31. ACCESS: Lessee shall be permitted reasonable access over adjacent City property owned by
Lessor for ingress and egress purposes.
32. CONTRACT: This written agreement constitutes the entire contract between the Lessee and
Lessor, and no representation or agreement, unless expressed herein, shall be binding on the
Lessor or Lessee.
33. BINDING ON HEIRS: This Lease shall include and inure to and bind the heirs, executors,
administrators, successors, and assigns of the respective parties hereto, but nothing in this
paragraph contained shall be construed to modify or impair in any manner any of the
provisions and restrictions of this Lease relating to the assignment of this Lease, or of any
interest therein, or to the subletting or underletting of said leased premises or any part thereof.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease on the date and year first
above written.
CITY OF LODI, a municipal corporation
Hereinabove called "Lessor*
By
BLAIR KING, a eager
RAN HL
City Clerk
Approved as to Form:
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K:1W PTROPERTYIWHTESLGH%LIma 2008 Land leaze.doc 7 4/2/2008
�)EXHIBIT A
CITY F L O D I Lease for 219± acres agricultural land
PUBLIC WORKS DEPARTMENT at White Slough Water Pollution Control
Facility
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LEASE EXTENSION AGREEMENT
LEASE FOR AGRICULTURAL LAND
THIS CONTRACT EXTENSION AGREEMENT, made and effective this day
of , 2013, by and between the CITY OF LODI, a municipal corporation,
hereinafter called "Lessor", and KIRSCHENMAN FARMS, hereinafter called "Lessee."
WITNESSETH:
1. CONTRACT: Lessor and Lessee, entered into a contract on July 10, 2008 for the lease
of agricultural land at White Slough Water Pollution Control Facility which expires on
December 31, 2013.
2. TERM AND TERMS: The term of this Lease Extension Agreement shall be for a period
of five (5) years, commencing on January 1, 2014 and terminating December 31, 2018.
The Agreement may be extended by mutual agreement of the parties for an additional
term as specified. All other terms and conditions will remain as set forth in the Lease for
Agricultural Land attached hereto as Exhibit 1 and made a part hereof as though fully set
forth herein.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease Extension
Agreement on the date and year first above written.
CITY OF LODI, a municipal corporation KIRSCHENMAN FARMS,
hereinabove called "Lessor" hereinabove called "Lessee"
KONRADT BARTLAM, City Manager
Attest:
RANDI JOHL-OLSON, City Clerk
Approved as to Form:
D. STEPHEN SCWABAUER, City Attorney
Exhibit 1
LEASE
FOR
AGRICULTURAL LAND
at
White Slough Water Pollution Control Facility
THIS LEASE, made and entered into this I dA day of J U.1 W . 2008, by and
between the CITY OF LODI, a municipal corporation, hereinafter caW Lessor, and KIRSCHENMAN
FARMS hereinafter called Lessee.
WITNESSETH:
1. PROPERTIES: That for and inconsideration of the rents to be paid, and the covenants to be
faithfully kept and performed by said Lessee, said Lessee does hereby lease, hire, and take from
said Lessor, those certain properties described as follows:
Those certain properties described in Exhibit A attached hereto, and by this reference made a
part hereof. Property to be leased totals 659 acres +.
2. EXTENSION: Although the current lease does not expire until December 31, 2008, it is a
condition of this extension that Lessee agrees to apply the requirements of this lease extension in
the final year of the current lease.
3. TERM: The term of this Lease shall be for a period of five (5) years, commencing January 1,
2008, and terminating at midnight on December 31, 2013. In order that the tenants have adequate
time to plan their farming operations, bids for the lease of this property after December 31, 2013,
will be called for approximately one year before that date.
4. RENT: In consideration of said Lease, Lessee agrees to pay to Lessor as rent for the demised
premises based on the gross value of crops produced on the properties. The amount paid by
Lessee shall be 20% of gross receipts for crops grown, including any deferred payments, credits,
stock, or other compensation including crop insurance payments. If a crop is successfully
produced but not sold, the value will be determined by similar sales by other tenants or market
rates for the crops.
Fallowed acreage shall be assessed a flat fee of $100.00 per acre in lieu of gross percentage.
Planted acreage left unattended shall also be assessed a flat fee of $100.00 per acre.
Lessee shall maintain adequate records of crop yields and gross receipts, and make such records
available to Lessor for purposes of verification.
For the purposes of this lease gross receipts shall mean the total revenue of any sort received by
Lessee at sale of crop. No reduction of gross will be allowed for any cost incurred by Lessee due
to planting, growing, harvesting, or hauling of crop. Any additional cost incurred by Lessee for
services by others in conjunction with the above crop production practices will also not reduce
gross receipts.
Methods of verification may include any or all of the following; weigh tickets, sale receipts, and/or a
contract for sale between Lessee and Broker. Lessee shall supply copies of weigh scale
certification to verify accuracy of weight results. Lessor will be free to contact weigh facilities or
purchasing agents from time to time as needed to verify quantities and sale amounts.
Rental payments shall be made on or before June 1st of each year for the prior winter rotation crop
and on or before December 1st of each year for the summer crops and shall be directed to the
Public Works Department, 221 West Pine Street, P. O. Box 3006, Lodi, California, 95241-1910, for
processing and shall be paid without prior notice or demand.
G:\WWWIWHITESLO1LeasesUQrschenmen#2008 Land lease.doc 1 4008
5. SECURITY: Tenant shall post security of $75,000 to secure its obligations under this
agreement. The deposit shall be fully refundable upon Tenant's full satisfaction of the
obligations hereunder. In the event Tenant defaults on any of its obligations, Landlord shall be
entitled to deduct from the deposit for the full amount of its losses resulting from the default.
The security may be in the form of a letter of credit, cash deposit, deed of trust or other form of
security In such fort and on such terns as Is approved by the Lodl City Attorney's Office.
6. USE: The properties shall be used solely for the purpose of growing, cultivating, fertilizing,
irrigating, and harvesting of agricultural crops while ensuring best farm practices, consistent
with the terms of this lease, are maintained. During the term of this Lease it is understood and
agreed by the parties hereto that Lessee shall be required to accept Industrial wastewater,
treated domestic effluent, and blosolids from Citys White Stough Water Pollution Control
Facility. Lessor will make available all excess domestic effluent, at no cost to the Lessee. It is
further understood and agreed by Lessee, that Lessee must comply with all present and future
laws, ordinances, rules, and regulations promulgated by any governmental authority of
competent jurisdiction regulating the type of crops that can be grown on the properties during
the lease term and any extension thereof. Lessee accepts the properties with the full
understanding that the California Department of Health Services regulations (Title 22, Division
4), will limit Lasses to growing only fodder, fiber, or seed crops once industrial wastewater,
treated domestic effluent, and biosollds are applied on the properties. Further, Lessee shall be
permitted to use the properties for agricultural activities consistent with the terms of this Lease
and as permitted by all governmental authorities, Including but not limited to, the California
Department of Health Services. Further, Lessee agrees to manage the irrigation of the
properties with Industrial wastewater, treated domestic effluent and biosollds from the White
Slough Facility in such a manner that it will not allow the discharge of any runoff to White
Stough, other waters of the Delta, or adjacent private or public property, and meet all
regulations imposed by all governmental authorities having proper jurisdiction, Including but not
limited to, the Central Valley Regional Water Quality Control Board. Lessee shall use and
occupy said premises In a quiet, lawful, and orderly manner. Lessor and Lessee further agree
that they shall permit no hunting, fishing, or public access to any part of the properties,
including Lessee.
ACREAGE REQUIREMENTS AND FERTILIZER USE: Because the primary goal for the
leased land is disposal of Industrial wastewater, treated domestic effluent, and blosolids, in a
manner that meets or exceeds regulatory requirements, it is necessary to define practices
which will maximize this goal. To achieve the stated goal on a yearly basis it will henceforth be
a requirement of the lease that 350 saw be planted to feed com. To further maximize this
effort a second crop of wheat or oats shall be planted after harvest of the com. Because there
are multiple leased parcels, the portion allotted to each Lessee may be Increased or
decreased by mutual agreement by tenants to maintain a minimum 350 acres of corn between
the Lessees. To manage our goal it will be necessary for Lessee to submit an annual crop
plan for each planting cycle along with the necessary harvesting and planting sheets. The pian
will Include crop type and acreage for each crop. It will also be necessary for Lessee to keep
City staff apprised of Irrigation and harvesting schedules. To better accomplish this
notification, lessor shall install kiosks at several locations that lessee shall use to Identify
irrigation start and stop times, and harvest schedules for selected fields. Additionally, because
loading rates for blosolids are determined by agronomic uptake of nitrogen far the crop, It will
be necessary to better coordinate the field loading by ensuring the fields where biosoiids are
applied are loaded as equally and simultaneously as possible. The City will notify ahead of
application days so that the irrigation system is available for this purpose. It will continue to be
necessary to prohibit the application of any natural or chemical fertilizers or any other chemical
without written approval of the Lessor. Lessor shall employ the services of a licensed
agronomist to help City staff and lessee better manage farming practices to most the desired
goals of both parties.
K.\WPIPROPERTY\WHTESLGHWrschenmen 2008 Land lease.doc 2 412108
8. AVAILABILITY OF LESSEE: Because of the type of operation of the White Slough Water
Pollution Control Facility, it Is Imperative that Lessee or a representative be readily available in
case plant personnel must change any plant operation. that representative must be able to
understand and speak English. Lessee shall be responsible for keeping the City Public Works
Department advised of a current telephone number and contact person(s) who can be reached
7 days a week, 24 hours a day.
9. REMEDIES ON DEFAULT: Should Lessee fail to pay any part of the rents herein specified at
the times or In the manner provided, or fail to compiy with or perform any other of the terms
and provisions of the Lease on the part of Lessee to be performed or compiled with, then and
In that event, Lessor may exercise any and all remedies provided by law or equity by reason of
such default, including the right at Lessor's option, of terminating the Lease. In any of such
events, Lessor shall be entitled to the Immediate possession of sold leased premises, and at
their option, may enter into and upon said premises without notice to Lessee and exclude
Lessee and all persons and all property therefrom, and by process of law or otherwise take
and resume possession of said premises. Each and all of Lessor's remedies shall be
construed as cumulative and none of them as exclusive of the other or as exclusive of any
remedy provided by law or equity.
10. RELATIONSHIP OF PARTIES: It is understood and agreed that the relationship between the
parties is that of landlord and tenant and not as a party or agent of Lessor. Lessee, or its
subtenant, shall cant' Workees Compensation insurance and observe all laws and regulations
applicable to employers. A copy of Worker's Compensation Insurance shall be on file to the
Public Works Department.
11. DiTCH, ROAD, AND PROPERTY MAINTENANCE. Lessee shall maintain and pay all casts
of maintaining the irrigation lines, ditches, perimeter fangs, and all access roads located on
the properties. The perimeter fencing required by the State regulatory agencies will be
maintained with material supplied by the City. All ditches and banks shall be kept free from
weeds and other obstructions and have sufficient capacity to care for a reasonable head of
water. In cases where ditches are not in proper condition to receive water, Lessor shall order
the ditches cleaned and failure to do so will be sufficient cause for denial of water. Lessee
shall further be. responsible, at its sole cost and expense, for maintaining and repairing all
Improvements located on the properties, including but not limited to, wells, canals, drainage
ditches, fences, and other improvements of any nature whatsoever located on the demised
premises. Lessee will ensure no damage occurs to ground water monitoring wells located in
or near farmed properties by tenant or their agents.
12. DELIVERY OF WATER: When the water supply and the capacity of the ditch is such that a
rotation basis of delivery is necessary, a system of rotation may be utiilzed at the discretion of
Lessor and may be changed in any section at the discretion of the Lessor. Lessor shall have
full authority to stop water delivery if needed for plant operation or on account of any violation
of the rules and regulations.
13. WASTE OF WATER: Any Lessee over irrigating or wasting water on roads, vaunt lands or
land previously irrigated, either willfully or carelessly or on account of defective or unclean
ditches, poor equipment, or unleveled land to an unreasonable depth, will be reused the use
of water unfit such conditions are remedied to the satisfaction of Lessor.
14. FLOOD RISK: Tenant acknowledges that he is fully acquainted with the demised premises,
all facilities affecting the demised premises, and the possibility that the leased premises could
be flooded from many causes Including, without limitation, the following:
K:IWPIPROPER'MWHTESLGH\Klrschenmen 2000 Land lease.doc 3 412/OB
A. Levee overtopping and levee failure due to natural causes such as winds, tides,
barometric pressure changes, rainfall or its runoff, earthquakes, levee settlement, and
rodents.
B. Levee overtopping and levee failure due to man -related causes including negligence of
Lessor, any reclamation district or Improper levee maintenance, flood fighting and/or
patrol, dredging, water releases, obstruction of water flows, and water diversions.
C. Failure of the drainage system due to natural or man -related causes including
negligence of Lessor, any reclamation district, and other governmental agency.
D. Failure to construct, repair, maintain, or operate levees, drainage, or irrigation facilities,
or other facilities, whether due to limited funding or otherwise.
E. Some localized flooding may occur as a result of Lessee being required to accept
industrial wastewater, treated domestic effluent, and biosalids.
Tenant hereby expressly assumes the risk of damage arising out of the above and hereby
waives the right (including the right on the part of any insurer through subrogation) to make
any claim pertaining to the same as against the State of California, the United States, all
reclamation districts, the counties, all other agencies of government, and Lessor and their
officers, agents, and employees.
15. ASSIGNMENT AND SUBLETTING: Lessee shalt not assign, encumber. convey, or
otherwise hypothecate this Lease, in whole or any part, without first obtaining the written
consent of Lessor. Lessee shall be permitted to sublet the properties to a responsible person,
firm, or corporation, but any such subletting or use by another person, firm, or corporation shall
In no way release Lessee from the obligation, conditions, and terms of this Lease. Lessor shall
furnish in writing to Lessor the name of any subtenant, and any sublease entered into by
Lessee shall incorporate the terms, provisions, and conditions of this Lease.
16. ENTRY BY LESSOR: Lessor shall have the right at all reasonable times during the term of
this Lease to enter said leased premises for the purpose of examining or inspecting the same.
17. REPAIRS: Lessee shall be solely responsible for all repairs to the properties. Lessee shall
notify Lessor, in writing, of any alterations or additions to the leased premises and major
alterations or any alteration that would Interfere with Lessor's wastewater discharges on the
leased premises shall be first approved by Lessor before the same is made. Ail alterations,
additions, or Improvements made in, to, or on the demised premises shall, immedlately upon
the installation thereof, become and be the property of the Lessor and shall remain upon and
be surrendered with the premises.
Lessee shall be responsible to Lessor for all damages caused by willful neglect or careless
acts and upon his failure to repair such damage after notification by Lesser, such repairs shall
be made at his expense by Lessor.
18. ENFORCEMENT OF RULES: Refusal to comply with the rules and regulations, and the
requirements hereof or the interference with the discharge of the duties of Lessor shall be
sufficient cause for shutting off the water. Water will not again be furnished until full
compliance with all requirements of the rules and regulations or contract agreement.
19. SURRENDER THE PREMISES: Lessee shall, at the termination of the term hereby created,
or upon the earlier termination hereof for any reason, or upon the extension of the term herein
set forth, quit and surrender said premises in good order, condition, and repair reasonable
wear and tear and act of God or fire excepted.
K:IWPIPROPERrAWHTESLGHU(hchenmen 2008 Land leese.doc 4 412108
20. FEES: Lessee shall pay all personal taxes, licenses fees, or other fees or taxes, levied by any
governmental agency which may be imposed upon the business of Lessee or its subtenant
which are attributable to Lessees use of the premises.
If any of the above charges are assessed against the real property, and because of said
:assessment, the Lessor pays the same, which Lessor will have the right to do regardless of the
validity of any such levy, the Lessee upon demand will repay to the Lessor all taxes and other
assessments so levied against the Lessor which are due by the Lessee.
Lessor shall pay all real estate taxes and fees for special district assessments of the real
property.
21. UTILITIES: Lessee agrees to pay, during the term hereof, all utilities of any nature
whatsoever used upon said [eased premises except for the run-off collection system located
on the property. In the event Lessee creates excessive runoff by over irrigation, Lessee may
be required to pay the cost of runoff collection.
22. WASTE: Lessee shall not maintain or commit, nor suffer to be maintained or committed, any
nuisance or waste In or about said [eased premises, nor do or permit anything to be done In or
about said premises, nor keep anything therein, which will in any way conflict with any law,
ordinance, rule, or regulation affecting the occupancy and use of said premises, which have
been or may hereafter be enacted or promulgated by any public authority.
23. MECHANIC'S LIEN: Lessee agrees to keep said premises free from all liens and claims of
mechanics, laborers, material suppliers, and others for work done, and material furnished, and
Lessee shall not create or suffer to be created any lien or encumbrance on said premises.
24. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: Lessee agrees to Indemnify
and hold harmless Lessor from and against all claims of whatever nature arising from any act,
omission, or negligence of Lessee or Lessee's contractors, licensees, agents, servants, or
employees, or arising from any accident, injury, or damage whatsoever caused any person, or
to the property of any person, occurring during the term thereof, in or about the demised
premises where such accident, damage, or injury, including death, or is claimed to have
resulted, from any act or omission on the part of Lessee or Lessee's agents or employees.
This indemnity and hold harmless agreement shall include Indemnity against all costs and
expenses, Including attorney's fees incurred in or In connection with any such claim or
proceeding .brought thereon and the defense thereof. Lessee agrees to maintain in hA force
during the term hereof a policy of public liability insurance under which the Lessee is named as
insured, and containing an additional named insured endorsement naming City of Lodi, its
Elected and Appointed Boards, Commissions, Officers, Agents and Employees as additional
insured, and under which the insurer agrees to indemnify and hold Lessee and Lessor
harmless from and against all costs, expenses, and liability arising out of, or based upon, any
and all property damage, or damages for personal injuries, including death, sustained M
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 on the part of
Lessee, or Lessee's agents or employees. The minimum limits of such Insurance shall be
$1,000,000.00 (One Million Dollars) per occurrence. in addition to the additional named
Insured endorsement on Lessee's policy of insurance, said insurance policy shall be endorsed
to include the following language:
"Such insurance as is afforded by the endorsement for additional insureds shall
apply as primary Insurance. Any other insurance maintained by the City of Lodi
and Appointed Boards, Commissions, Officers, Agents, Employees, and
Volunteers shall be excess only and not contributing with the coinsurance
afforded by this endorsement."
A duplicate or certificate of said public liability and property damage insurance policy
containing the above -stated required endorsements shall be delivered to Lessor within ten
K:IWPIPROPERMWHTESLGHV(Irschenmen 2008 Land lease.doc 5 412108
(10) days after the issuance and each renewal of said policy. This paragraph, and all other
provisions of this Lease, shall apply and be construed as applying to any subtenant of
Lessee.
26. BANKRUPTCY, RECEIVERSHIP, AND INSOLVENCY: If Lessee should make a general
assignment for the benefit of creditors, or file a voluntary petition In bankruptcy, or be
adjudicated bankrupt or insolvent, or permit a receiver to be appointed to take possession of a
substantial portion of its assets or of this leasehold, and such bankruptcy, insolvency, or
receivership proceeding shall not be dismissed within ninety (90) days, then Lessor may,
without notice or demand, terminate this Lease and forthwith reenter and repossess the
properiles, and remove all persons therefrom, and under no circumstances shall this Lease be
assignable. or transferable by operation of low.
26. EMINENT DOMAIN: If the whole or any portion of the premises hereby leased shall be taken
by any public authority under the power of eminent domain, whether by negotiation or
otherwise, then the term of this Lease shall cease as of the date possession is taken by such
authority as to that portion taken, and the rental thereafter due or payable shall be reduced for
the portion taken at the rental rata per acre then In effect. All damages awarded for such
taking under the power of eminent domain, whether for the whole or a part of the leased
premises, shall be the property of Lessor. Provided, however, that Lessor shall not be entitled
to any award made to Lessee for loss of business, business leasehold improvements, and
crops.
27. ATTORNEY'S FEES: In each suit brought for the recovery of any rent due hereunder, or for
the recovery of the possession of said demised premises, or for the breach, or to restrain the
breach, of any of the terms, conditions, or covenants of this Lease, the prevailing party shall be
entitled to a reasonable sum as and for attorney's fees therein, the amount of which shall be
determined by the court in such suit and added to and become a part of the judgment therein.
28. WAIVER: Failure of Lessor to insist upon performance of any of the terms or conditions
of this Lease in any one or more instances shall in no event be construed as a waiver or a
relinquishment of Its right to future performance thereof, and Lessee's obligations to such
future performance shell continue in full force and effect. The receipt by Lessor of rent, with
the knowledge of the breach of any agreement or condition hereof, shall not be determined to
be a waiver of any such breach.
29. ACCEPTANCE OF LEASEHOLD ESTATE: Lessee has examined the leased premises,
knows the conditions thereof, and accepts possession thereof in their condition.
30. TERMINATION OF LEASE:
A. By Lessee. Lessee shall be permitted to terminate this Lease at Its option in the event
governmental laws, rules, or regulations, including, but not limited to, those
promulgated by the Califomis Regional Water Quality Control Board or the California
Department of Health Services, prohibit the growing of any crop on the properties. In
the event Lessee terminates this Lease as provided above, crop payments shall be
due for crops harvested prior to the date of termination.
Lessee shall also be permitted to terminate this Lease for any reason whatsoever if
written notice is given to Lessor six (6) months prior to the end of any individual year
covered under this lease. Lessee shall be responsible for all crop payments due for
the entire calendar year in which such notice is given.
B. By Lessor. Lessor may terminate this lease If it determines, in its sole discretion, that
the demised premises are necessary for any City function or any other purpose
approved by the City Council. in such cases, the Lessor shall give to the Lessee six
(6) months written notice thereof, and crap payments shall be due for crops harvested
prior to date of termination.
K:1WPIPROPERTY%WHTESLGHW!rschenmen 2008 Land lease.doc 6 4/2/08
31. ACCESS: Lessee shall be permitted reasonable access over adjacent City property owned by
Lessor for ingress and egress purposes.
32. CONTRACT: This written agreement constitutes the entire contract between the Lessee and
Lessor, and no representation or agreement, unless expressed herein, shall be binding on the
Lessor or Lessee.
33. BINDING ON HEIRS: This Lease shall include and Inure to and bind the heirs, executors,
administrators, successors, and assigns of the respective parties hereto, but nothing in this
paragraph contained shall be cmtrued to modfry or impair in any manner any of the
provisions and restrictions of this Lease relating to the assignment of this Lease, or of any
Interest therein, or to the subletting or underletting of sald leased premises or any part thereof.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease on the date and year first
above written.
CITY OF LODI, a municipal corporation
Hereinabove called "Lessor"
By
BLAIR fty Manager
D JOHL
City Clerk
Approved as to Form:
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K:\WPIPROPERTY\WHTESLGH\KIrschenmen 2008 Land lease doo 7 4/2/08
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RESOLUTION NO. 2013-169
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
LEASE EXTENSION AGREEMENTS WITH KIRSCHENMAN
FARMS AND LIMA RANCH FOR WHITE SLOUGH WATER
POLLUTION CONTROL FACILITY AGRICULTURAL LEASES
WHEREAS, the City has two agricultural lease parcels at White Slough Water Pollution
Control Facility (WSWPCF), which total approximately 877 acres. Both leases expire on
December 31, 2013; and
WHEREAS, the current tenants are Kirschenman Farms (659+ acres) and Lima Ranch
(218+ acres), and both tenants have agreed to extensions containing the previous lease
amendments; and
WHEREAS, information obtained from the University of California Agricultural
Cooperative Extension reflects that lease rates on land where feed and fodder crops are grown
typically vary between 15% and 25% of the gross receipts; and
WHEREAS, staff recommends extending the WSWPCF agricultural leases for the period
of January 1, 2014 through December 31, 2018, at the current lease rate of 20% of gross
receipts.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the Lease Extension Agreements with Kirschenman Farms and Lima Ranch for White Slough
Water Pollution Control Facility agricultural leases for the period of January 1, 2014 through
December 31, 2018; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to execute the agreements on behalf of the City.
Dated: October 2, 2013
------------------------------------------------------------------------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2013-169 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held October 2, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Johnson
ABSTAIN: COUNCIL MEMBERS — None
4JNI'FE+RROBISO'Np
Assistant City Clerk
2013-169
CITY COUNCIL
ALAN NAKANISHI, Mayor
PHIL KATZAKIAN,
Mayor Pro Tempore
LARRY D. HANSEN
BOBJOHNSON
JOANNE L. MOUNCE
Lima Ranch
13436 N. Thornton Road
Lodi, CA 95240
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
September 26, 2013
Kirschenman Farms
13145 Elderberry Court
Lodi, CA 95242
KONRADT BARTLAM
City Manager
RANDI JOHL-OLSON
City Clerk
D. STEVEN SCHWABAUER
City Attorney
F. WALLY SANDELIN
Public Works Director
SUBJECT: Adopt Resolution Extending White Slough Water Pollution Control Facility
Agricultural Leases
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, October 2, 2013. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Randi Johl, City Clerk, at 333-6702.
If you have any questions about the item itself, please call Rebecca Areida-Yadav,
Management Analyst, at 333-6800, extension 2658.
F. Wally Sandelin
r Public Works Director
FWS/pmf
Enclosure
cc: City Clerk
NCCEXTEND W S LEASES 2013.DOC