HomeMy WebLinkAboutAgenda Report - January 19, 1994 (37)E OP
CIN OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: White Slough Water Pollution Control Facility (WSVVPCF) Lease Agreement with San Joaquin
County Mosquito and Vector Control District
MEETING DATE: January 19, 1994
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council approve a long-term (20 year) kase agreement between the
City of Lodi and the San Joaquin County Mosquito and Vector Control District
(SJCMVCD) and direct the City Manager and the City Clark to execule the base on
behalf of the City.
BACKGROUND INFORMATION: In a letter dated August 20, 1993 (attached), the SJCMDVC requested an opportunity
to base City land. City and District staff have met and agreed on an unused
-±12-acre parcel (formerly corral area) viable for the proposed use as a fish rearing
and distribution site for mosquito fish that will be used throughout the north county to
combat mosquitos. The attached Exhibit A shows the 12 -acre parcel and other adjacent uses.
SJCMVCD has agreed to a rental fee of $225 per acre per year ($2,700 annually). This fee slightly exceeds an adjacent
218 -acre agricultural lease the City has with an area fanner. Additionally. SJCMVCD has agreed to provide vegetation
management (weed control) services to the WSWPCF ponds and irrigation ditches, and provide biological and rodent control
services in the form of technical advice and consultation. The District has offered a willingness for cost sharing of projects
that mutually benefit the City and SJCMVCD (i.e. roadway and fence maintenance).
T nere will be an annual need of 40 to 60 million gallons of water after the District constructs the rearing ponds. The City is
exploring several options for supplying this water. Two of those are unchlorinated secondary eflkuent and/or a high quality
waste stream from Northern California Power Agency's Gas Turbine Electrical Generator. Considerable work would have to
be done to prepare this area for agricultural use, and would only allow us to dispose of 10 to 20 million gallons of effluent
per year.
It is believed the City's best interest will be served by Council approving this lease.
FUNDING: Revenues to be placed in Wastewater Enterprise Fund.
Ja L. Ronsko
Pu Works Director
JLR/FEFAs
Prepared by Fran E. Forks&. Water.:.astowater. Superintendent
cc: San Joaquin County Mosquito and Vector Control District
City Attorney
Assistant Wastewater Treatment Superintendent
Electric Utility Director
APPROVED ^. -
THOMAS A. PETERSON .ocycuaa Papa
kk City Manages
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SAN JOAOUIN COUNTY MOSQUITO AND VECTO CONTROL DISTRICT
BOARD OF TRUSTEES
ALVIN C. INMAN
PRESIDENT
SAN JOAONII Cowin
CHESTER C'MILLER
.ICS PASSIDEIIT
TRACT
J. DON LATSON
SECRETART
SAN JOAQUIN COJIM
JACK N. CORELL
SAN JOAQUIN COUIITT
FRANK DE9ENEDETTI
SAN JOAOUM COUNT}
DR. KENNETH [RRIIN
VARTEG
ALLAN FETTERS
STOCKTON
GERARD FONOSE
NIPON
RORERT FULLER
LOOT
JANET L. JAMES
LATNAOP
MICNAEL MANNA
SAN JOAQUIN COUIITT
GERALD SCHILSQ
ESCALON
CNRISTOPNER R. [LET
LEGAL ADVISOR
MAIN OFFICE: 7759 SOUTH AIRPORT WAY. STOCRTON. CA 911204-3910 - (2091 942-4478
JONM R. STRON
MAJIASER
August 20, 1993 - Friday
RECEIVED
AUG 2 31993
Mr.Fran Forkas, Superintendent MCITY OF LODI
Cityof Lodi
Post Office Box 3006 WJW._1MS:.tr-EcENTO
Lodi, CA 95241-1910
Subject: Possible lease of City property at White
Slough
Dear Fran:
Thank you for taking the time to discuss with me
possible opportunities to lease land from the City at
the White Slough Water Treatment Plant. As you are
aware, I an seeking a parcel of land with adequate water
supplies that can be used as a fish rearing site for
mosquito fish. Your offer of several sites with water
supplies at White Slough is appreciated. In evaluating
your offer of the three parcels (properties adjacent to
the access driveway and clover leaf), it was determined
that capital improvement and operational costs would be
excessive. However, if the City has available a site of
at least 15 acres (contiguous) with adequate water
supply, the district would be interested in a long term
commitment. I am very interested in utilizing non -
chlorinated treated water for the production of mosquito
fish.
In'relat=on to your questions that were not
originally a:.ressed by me:
1- The district would not store any pesticides on
city -owned property.
2- District -owned equipment, including vehicles,
would be stored on city property periodically.
No fuel supplies would be stored however.
3- The district would propose the construction of
a small (201w x 2011 x 10Eh) storage building
to warehouse fish feed, nets, seines, buckets,
etc., used in the rearing and collection of
fish.
Mr. Forkas
August 20, 1993 - Friday
-2-
4- The district is prepared to negotiate a long -tern lease
with the city, including fee amounts which are
comparable to fees paid by other tenants of city -owned
property at White slough.
5- The district can provide limited services to the City
and its tenants by several methods:
1. vegetation management in non -crop areas (is, weed
control in ponds and ditches)
2. Biological and entomological services, technical
advice and consultation from district staff.
3. Cost-sharing of projects that mutually benefit the
district and the City of its tenants.
I am available to further discuss these issues with you at
anytime. Please do not hesitate to call me at 1-800-300-4675,
between 7:30 A.M. - 4:00 P.M.
Si re y,
ohn R. Stroh
Manager
JRS/ca
EXHIBIT A
CITY,OF LODI
(2) WHITE SLOUGH WATER POLLUTION
PUBLIC WORKS DEPARTMENT CONTROL FACiLM LAND L.TASES
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NOT TO SCALE
LEGEND
0389 -acre parcel leased by Bechthold-Kirschenman Farms
O270 -acre parcel leased by Bechthold-Kirschenmao Farms
® O 21 &acre parcel leased by Lima Ranch
O10 -acre parcel leased by Northern California Power .agency
D12 -acre parcel to be leased by San Joaquin County Mosquito & Vector Control District
GROUND LEASE
by and between
THE CITY OF LODI
(Owner)
and
SAN JOAQUIN COUNTY MOSQUITO
AND VECTOR CONTROL DISTRICT
(Tenant)
AOL
GROUND LEASE
TABLE OF CONTENTS
1. Premises...............................................1
2. Use................................................1
3. Term................................................1
4. Rent................................................1
(A) Annual Rent.......................................1
(B) Rental Adjustments .................................. 1
(C) Payments.........................................1
5. Utilities...............................................2
6. Repairs and Maintenance .................................. 2
7. Mechanic's Liens ........................................ 2
(A) Covenant Against Liens and Claims ...................... 2
(B) Tenant's Right to Contest Liens ......................... 3
(C) Owner Paying Claims ................................ 3
8. insurance and Indemnity ................................... 3
(A) Owner's Nonliability.................................. 3
(B) Indemnification of Owner .............................. 3
(C) Liability insurance ................................... 4
(D) Certificate of Insurance ............................... 4
(E) Failure to Provide Insurance ............................ 4
(F) Waiver of Subrogation ................................ 4
9. Owner's Covenants ...................................... 5
(A) Water Supply ......................................5
(8) Discharge of Domestic Wastewater ....................... 5
10. Repair and Restoration .................................... 5
11. Assignment and Subletting ................................. 5
12. Default...............................................5
13. Remedies in Event of Default ............................... 6
14. Estoppel Certificates ...................................... 6
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15.
Ownership of Improvements ................................
7
(A)
Attorney's Fees .....................................
7
(B)
waiver...........................................7
(C)
Holding Over .......................................
7
(D)
Surrender at End of Term .............................
8
(E)
Lease Binding Upon Successors and Assigns ................
8
(F)
Inspection.........................................8
(G)
Relationship of Parties ................................
8
(H)
Time of the Essence .................................
8
(1)
Memorandum of Lease ...............................
8
(J)
Quitclaim.........................................8
(I)
Number and Gender .................................
8
(L)
Headings and Titles ..................................
9
(M)
Entire Agreement ...................................
9
(N)
Force Majeure ......................................
9
(0)
Disclaimer of Representation ...........................
9
(P)
Quiet Enjoyment ....................................
9
(Q)
Termination........................................9
17.
Payments and Notices ....................................
10
18.
Right of First Refusal .....................................
10
19.
Abandonment and Closure ..................................
11
ii
THIS LEASE, entered into this first day of febrauary, 1994, by and between the
CITY OF LODI, a municipal corporation ("Owner"), and SAN JOAQUIN COUNTY
MOSQUITO and VECTOR CONTROL DISTRICT ("Tenant").
1. Premises. Owner leases to Tenant and Tenant leases from Owner that real
property in the City of Lodi, County of San Joaquin, Cal'rfomia, described in Exhibit A
attached hereto and made a part hereof. The premises leased to- Tenant are referred
to in this Lease as the "Leased Premises" -(approximately 12 ± acres).
2. Use. Tenant shall'have the use of the Leased premises for the purpose of
the developing, construction, operation and maintenance of ponds for the purpose of
rearing mosquito fish and incidental ancillary uses and for any other lawful purpose.
3. Term: Extension. The term of this Lease shall commence on
February1,1994 ("Commencement Date"), and shall terminate, unless earlier terminated
in accordance with the provision of this Lease, on a date twenty (20) years from the
Commencement Date. Tenant's right to exclusive possession shall commence on the
Commencement Date. Tenant shall have the right to extend the temp of this lease on
all the terms and conditions set forth herein for an additional period of twenty (20) years,
to be exercised by written notice to Owner during the last year of the initial term of this
Lease.
4. Rent.
(A) Annual Rent. During the term of this lease, Tenant shall pay annual
rent in the amount of $ 2,700.00, in advance, on or before the anniversary of
Commencement Date of each year for the following twelve (12) mouth period.
Additionally, Tenant shall furnish weed and mosquito abatement services throughout the
City's 1,040 acre site (ponds and ditches).
(B) Rental Adjustments. The rent shall not be adjusted for the first five
(5) years of the term. The rent may be adjusted on the Commencement Date of the
sixth (6th) year and each fifth (5th) year thereafter. Following an adjustment, the rent
will remain fixed for five (5) years. Future rent shall be based on what the owner
receives on the adjacent 218 acre agricultural lease. Tenant and Owner shall act in
good faith and cooperate with one another in establishing any adjustment.
(C) Payments. All rent paid shall be in lawful money of the United States
of America and shall be paid without deduction or offset, prior notice or dem-ind, and at
such place or places as may be designated from time to time by Owner.
0993WR.36 Page 1
S. Utilities. During the term of this Lease, Tenant agrees to pay all charges
and expenses in connection with utility services and to protect Owner and the Leased
Premises from all such charges and expenses.
(A) At all times during the term of this Lease, Tenant shall, at its cost and
expense, maintain the Leased Premises and all improvements thereon in good order and
repair and safe condition, including but not limited to, fences and roadways
predominantly used by Tenant. Tenant shall keep Owner apprised of the volume and
nature of truck traffic and official activities upon the premises.
(B) Owner shall not be obligated to make any changes, alterations,
additions or repairs in, on or about the Leased Premises or any part hereof or any
improvements installed thereon. Tenant waives all provisions of law that may impose
a duty of repair on Owner.
(C) Tenant shall indemnify and save harmless Owner against all actions,
claims and damages by reason of (1) Tenant's failure to perform the terms of this
paragraph, or (2) Tenant's nonobservance or nonperformance of any law, ordinance or
regulation aplicable to this leased premises, and any liability or duty to repair imposes'
by the laws of California, except that tenant shall be under no obligation under the lease
for conditions or problems of or on the premises which existed prior to the
commencement of this lease.
(D) Tenant agrees to construct a perimeter fence around the teased
Premises according to the specification shown on Exhibit "B" agreed or equal.
7. Mechanic's Liens.
(A) Covenant Against Liens and Claims. Tenant shall not allow or permit
to be enforced against the Leased Premises or any part thereof, any mechanic's,
materialmen's, contractor's or subcontractor's liens arising from any claim growing out
of work of any construction, repair, restoration, operation, replacement or improvement,
or any other claim or demand no matter how the same may arise. Tenant shall pay or
cause to be paid all of said liens, claims or demands before any lawsuit is brought to
enforce them against the Leased Premises. Tenant agrees to indemnify and hold the
Owner and the Leased Premises free and harmless from all liability for any and all such
liens, claims and demands, together with reasonable attorneys' fees and all gists and
expenses incurred by Owner in connection therewith.
0993WR.36 Page 2
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(B) Tenant's Right to Contest Liens. Notwithstanding anything to #*-
contrary set forth above, N Tenant shall in good faith contest the validity of any such lien,
claim or demand, then Tenant shall, at its expense, defend itself and Owner against the
same and shall pay and satisfy any adverse judgment that may be rendered thereon
before the enforcement thereof against Owner or the Leased Premises.
(C) Owner Paying Claims. In the event Tenant shall fail to pay and
discharge or cause to be paid and discharged, when due and payable, any tax,
assessment or other charge upon or in connection with the Leased Premises, or any lien
or claim for labor or material employed or used or any claim for damages arising out of,
the construction, repair,. restoration, replacement, maintenance and .use of the Leased
Premises and any improvements thereon, or any judgment on any contested lien or
claim, or any insurance premium or expense in connection with the Leased Premises
and improvements, or any other claim, charge or demand which Tenant has agreed to
pay or cause to be paid under the terms of this Lease, and if Tenant, after ten (10)
business days' written notice from Owner to do so shall fall to pay and discharge the
same, or in the event Tenant contests such tax, assessment, claim or charge then
Owner may, at his option, pay any such tax, assessment, insurance expenses, lien,
claim, charge or demand, or settle or discharge any action therefor, or judgment thereon,
and all costs, expenses and other sums incurred or paid by Owner in connection with
any of the foregoing shall be paid by Tenant to Owner upon demand, together with
interest thereon at Bank of America's prime rate from the date incurred or paid. Any
default in such repayment by Tenant shall constitute a breach of the covenants and
conditions of this Lease.
8. Insurance and Indemnity.
(A) Owner's Nonliability. Owner shall not be liable for any loss, damage
or injury of any kind to any person or property arising from any use of the Leased
Premises, or any part thereof, or caused by any defect in any building, structure or other
improvement thereon or in any equipment or other facility therein, or caused by or arising
from any act or omission of Tenant or any of its agents, employees, licensees or
invitees, or by or from any accident on the Leased Premises or any fire or other casualty
thereon, or occasioned by the failure of Tenant to maintain the Leased Premises and all
improvements thereto in a safe condition, or arising from any other cause except where
caused by the negligence of Owner, its agents or employees.
(B) Indemnification of Owner. Notwithstanding anything to the contrary
contained in this Lease, and irrespective of any insurance carried by Tenant for the
benefit of Owner under the terms of this Lease, Tenant agrees to protect, indemnity and
hold the Owner and the Leased Premises harmless from any and all damages and
liabilities at any time occasioned by or arising out of (1) any act, activity or omission of
Tenant, or of anyone holding under Tenant, or (2) the occupancy or use of the Leased
Premises or any part thereof, by or under Tenant, or (3) any state or condition of the
0993WR.36 Page 3
AMEN= PAIGE 4
` Cr" OF LWIE�RA
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leased premises or any part thereof except that tenant shall be under no obligation to
Owner for any state or condition of the leased premises which was in existence prior W
the commencement of this lease.
(C) Liabil Insumno Tenant shall procure and maintain at all times
during the term of this Lease, at its sole cost and expense, a policy or policies of
commercial public liability insurance by the terms of which Owner and Tenant are named
as insured and are indemnified against liability for dams" or Injury to property or
person, including death, of any person entering upon or using the Leased Premises or
any ;mprovements thereon or any part thereof, with a combined single limit for bodily
injury and property damage in an amount of not less than ONE MILLION DOLLARS
($1,000,000). Such public liability insurance policy or policies shall be stated to be
primary and noncontributing with any insurance which may be carried by Owner and
shall contain a provision that the Owner, although named as an insured shall
nevertheless be entitled to recover under that policy for any loss, injury or damage to the
Owner, Its agents and employees or the property of such persons by reason of the
negligence of Tenant. Tenant may at its option self -insure upon the foregoing terms.
(D) Certficate of Insurance. All policies of insurance procured and
maintained by Tenant hereunder shall be issued by companies having not less than
Best's k Class X rating and shall be issued in the name of the Owner and Tenant for
the mutual and joint benefit and protection of the parties. Executed copies of all
insurance policies or a certificate thereof shall contain a provision that not less than
thirty(30)days' written notice shall be given to Owner prior to the cancellation, reduction
of coverage, expiration or any material change in any such policy. If Tenants elect to
provide coverage through a Joint Powers Entity, Tenant shall provide proof satisfactory
to the Owner of the financial stability of the Joint Powers Entity.
(E) Failure to Provide Insurance. If Tenant fails or refuses to procure or
to maintain insurance as required by this Lease or fails or refuses to furnish Owner with
required proof that the insurance has been procured and is in force and paid for, Owner
shall have the right at Owner's election, upon ten (10) days advance written notice, to
procure and maintain such insurance. The premiums paid by Owner shall be treated as
added rent due from Tenant with interest at Bank of America prime rate, to be paid
within thirty (30) days of demand. Owner shall give prompt notice of the payments of
such premiums, stating the amounts paid and the names of the insurer or insurers.
(F) Waiver of Subrogation. The parties hereby release each other, and
their respective representatives, from any claims for damage to any person or to the
Premises and the improvements which may be located upon the Premises and to the
fixtures, personal property, tenant's improvements and alterations of tenant in or on the
Premises and the improvements which may be located upon the Premises that are
caused by or result from risks insured against under any insurance policies carried by
the parties hereto and in force at the time of any such damage. Each party hereto shall
cause each insurance policy obtained by it to provide that the insurance company waives
all right of recovery by way of subrogation against either party in connection with any
0993WR.36 Page 4
'VW 1W
damage covered by any policy, provided obtaining such a waiver in each such poky is
then available at a reasonable charge. Neither party hereto shall be liable to the oRher
for any damage caused by fire or any of the risks Insured against under any insurance
policy required by this Lease.
(A) Water S=ly. Owner shall make available to Tenant an adequate
supply of unchlorinated secondary wastewater effluent or other suitable water(s) from the
White Slough Water Pollution Control Facility for the purpose of rearing mosquito fish.
(B) Discharge of Domestic Wastewater. Owner shall upon payment by
Tenant of applicable connection flees, accept Tenant's domestic wastewater (employee
restroom waste) from the project into the White Slough Water Pollution Control Facility.
if Tenant is desirous of this service.
10. Repair and Restoration. If during the term of this Lease any building or
improvement on the Leased Premises or any part thereof shall be damaged or destroyed
by fire or other casualty, Tenant may, at its sole cost and expense, repair or restore the
same or may elect not to repair or restore. If Tenant elects not to repair or restore, this
Lease shall terminate. Tenant waives the provisions of Civil Code Sections 1932(2) and
1933(4) with respect to any destruction of the Premises. Any monies received by Owner
as compensation for damage or loss to improvements installed by Tenant on the
Premises shall be paid to Tenant and are hereby assigned to Tenant.
11. Assignment and Subletting. Tenant may not encumber. assign, sublease
or otherwise transfer this Lease, oe any right or interest hereunder, or in or to any of the
improvements constructed or installed on the Leased Premises, in whole or in part,
without the prior written consent of Owner. Such consent shall not be withheld
unreasonably.
12. Default. The occurrence of any one or more of the following events shall
constitute a default under this Lease by Tenant:
(A) Failure to pay an installment of rent or other sum;
(B) Failure to pay any insurance premium, lien, claim, demand, judgment
or other charge provided for in this Lease to be paid or caused to be paid by tenant at
the time and in the manner as provided in this Lease;
(C) Failure to maintain the Leased Premises or cause the same to be
maintained as provided for in this Lease;
0993WR.36 Page 5
(D) Abandonment of the Leased Premises after completion of construction
for a continuous period of one hundred twenty (120) days; or
(E) Failure to perform or breach of any other covenant, condition or
restriction provided for in this Lease.
13. Remedies in Event of Defauk. Upon any default of Tenant, and in the event
the said default Is due to the failure of Tenant to make the payment of any installment
of rent or other sum when due, and in the event Tenant shall fail to remedy such default
within ten (10) days after written notice to do so, or upon any other default by. Tenant,
and in the event that Tenant shall fail to remedy such other default within thirty (30) days
after written notice from Tenant so to do specifying the nature of such default, or if such
default cannot be cured within thirty (30) days, Tenant has not commenced corrective
action and . prosecuted the same to completion with due diligence, or in the event that
the default is of such a nature that it cannot be cured by any action of Tenant, then and
in any of these events, In addition to any other remedy Owner may have by operation
of law, Owner shall have the right but not the obligation without any further demand or
notice to reenter the Leased Premises and eject all persons from the Leased Premises,
using due process of law, and immediately terminate Tenant's right to possession of the
Premises, and repossess the same by summary proceedings or other appropriate action,
and Owner shall thereupon be entitled to receive from Tenant all damages allowed by
law.
14. Estoppel Certificates . Owner and Tenant shall, respectively, at any time and
from time to time upon not less than ten (10) days' prior written request by the other,
deliver to the requesting party an executed and acknowledged statement in writing
certifying:
(A) That this Lease is unmodified and in full force and effect (or if there
has been any modification(s) thereof that the same is in full force and effect as modified,
and stating the nature of the modification or modification);
(B) That to its knowledge '_he requesting party is not in default under this
Lease (or if any such default exists, the specific nature and extent thereof);
(C) The date to which rent and other charges have been paid in advance,
if any; and
(D) Such other information pertaining to this Lease as may reasonably be
requested.
0993WR.36 Page 6
Each certificate delivered pursuant to this paragraph may be relied on by any
prospective purchaser or transferee of the Leased Premises or of Owner's or Tenant's:
interest hereunder or by any fee mortgagee of the Leased Premises or of Owners or
Tenant's interest hereunder or by any assignee of any such mortgagee.
15. OwneMhipof Imcrovements. Title to any buildings, improvements or Postures
which may be placed on the Premises by Tenant shall remain in Tenant Owner agrees
to subordinate all rights, if any. which Owner may have in any of such improvements to
the rights of Tenant. Tenant may remove the improvements at any time during the term
of this Lease. Any improvements remaining on the Premises after expiration or sooner
termination of the Lease shall become the property of Owner.
16. Miscellaneous.
(A) Attomeys' Fees: In the event any action is brought by Owner to
recover any rent due and unpaid hereunder or to recover possession of the Leased
Premises, or in the event any action is brought by Owner or Tenant against the other to
enforce or for the breach of any of the terms, covenants or conditions contained in this
Lease, the prevailing party shall be entitled to recover reasonable attorneys' fees to be
fixed by the Court, together with costs of suit therein incurred.
(8) Waiver. No waiver of any breach of any of the terms, covenants,
agreements, restrictions or conditions of this Lease shall be construed as a waiver of any
succeeding breach of the same or other covenants, agreements, restrictions and
conditions hereof. No delay or omission of Owner to exercise any right or remedy shall
be construed as a waiver of any such right or remedy or of any default by Tenant under
this Lease. The various rights and remedies reserved to Owner herein including those
not specifically described in this Lease shall be cumulative and, except as otherwise
provided by California statutory law in force at the time of execution of this Lease, Owner
may pursue any or all of such rights and remedies whether at the same time or
otherwise.
(C) Holding Over. If Tenant shall hold over the Leased Premises after the
expiration of the term hereof with the consent of Owner, either express or implied, such
holding over shall be construed to be only a tenancy from month to month, subject to all
the covenants, conditions and obligations hereof, and Tenant hereby agrees to pay to
Owner one -twelfth the annual rental as provided in this Lease; provided, however, that
nothing herein contained shall be construed to give Tenant any rights to so hold over
and to continue in possession of the Leased Premises after the expiration of the term
hereof.
0993WR.36 Page 7
(D) Surrendet at End of Term: Upon the. end of the-" of this .Lease,
as provided-, herein. or any extension thereof, or sooner termination of this Lease, Tenant
shall surrender the Leased Premises, together with all Improvements as hereinabove
provided. Upon surrender of the Premises. Tenant shall, if directed by the Public Works
Director, remove at its own expense any and all equipment remaining thereon.
(E) Lease Binding UQgn Successors and Assgrn. Subject to the
limitations on assignment and subleasing, each of the terms, covenants and conditions
of this lease shall extend to and be binding on and inure to the benefit of not only Owner
and Tenant, but each of their successors and assigns. Whenever in this Lease
reference is made to either Owner or Tenant, the reference shall be deemed to include,
wherever applicable, the successors and assigns and such parties the same as if in
every case expressed.
(F) Insaection. Owner reserves the right for Owner and Owner's agents
and representatives to enter upon the Leased Premises at any reasonable time for the
purpose of attending to Owner's interest hereunder, and to inspect the Leased Premises.
(G) Relationship of Parties. The relationship of parties hereto is that of
Owner and Tenant, and it is expressly understood and agreed that Owner does not in
any way nor for any purpose become a partner or agent of Tenant or a joint venturer
with Tenant in the conduct of Tenant's business or otherwise.
(H) Time of the Essence. Time is expi essly declared to be of the essence
of this Lease.
(1) Memorandum of Lease. This Lease shall not be recorded, but the
parties agree to execute and deliver a Memorandum of this Lease in recordable form.
which Memorandum shall be recorded.
(J) uitclaim. At the expiration or earlier termination of this Lease, Tenant
shall execute, acknowledge and deliver to Owner within five (5) days after written
demand from Owner to Tenant any quitclaim deed or other document required by any
reputable title company to remove the cloud of this Lease from the real property subject
to this Lease.
(K) Number and Gender. Whenever the singular number is used in this
Lease and when required by the context, the same shall include the plural, and the
masculine gender shall include the feminine and neuter genders, and the word "person"
shall include corporation, firm or association. If there is more than one Tenant, the
obligations imposed under this Lease upon Tenant shall be joint and several.
0993WR.36 Page 8
(L) Headings and Titles. 'The marginal.. headings or titles to the
paragraphs of this Lease are not a part of this Lease and shall have no ~.upon the,
construction or interpretation of any part of this Lease.
(M) Entire Agreement. This Lease contains the entire agreement of the
parties hereto with respect to the matters covered hereby, and no other previous
agreement, statement or promise made by any party hereto which is not contained
herein shall be binding or valid.
(N) Force Majeure. Except as to the payment of rent, neither of the
parties hereto shall be chargeable with, liable for. or responsible to, the other for
anything or in any amount for any delay caused by fire, earthquake, explosion, food,
hurricane, the elements, acts of God, or the public enemy, action or interference of
governmental authorities or agents, war, invasion, insurrection, rebellion, riots, strikes,
or lockouts or any other cause whether similar or dissimilar to the foregoing, which is
beyond the control of such parties and any delay due to said causes or any of them shall
not be deemed a breach of or default in the performances of this Lease.
(0) Disclaimer of Representation. Except as otherwise specifically
provided herein, Owner has made no representations or warranties to the Tenant
concerning the Leased Premises, the present use thereof or the suitability for Tenant's
intended use of the property. The foregoing disclaimer includes, without limitation,
topography, climate, air, water, water rights, utilities, present and future zoning, soil,
subsoil, drainage, access to public roads, proposed routes of roads, or extension thereof,
or effect of any state or federal environmental protection laws or regulations. Tenant
represents and warrants to Owner that he and his representatives have made or will
make their own independent inspection and investigation of the Leased Premises and
Tenant, in entering into this Lease, is relying solely on such inspection and investigation.
No patent or latent physical condition of Leased Premises, whether or not known or
discovered, shall affect the rights of either party hereto. Any agreement, warranties or
representations not expressly contained herein shall in no way bind either Tenant or
Owner. Owner and Tenant waive any right or rescission and all claims for damages by
reason of any statement, representations, warranty, promise and agreement, if any, not
contained in this Lease.
(P) Quiet Eniovment. This Lease is subject and junior only to all existing
easements, covenants, conditions and restrictions and other matters and encumbrances
of record as if the date of this Lease. As long as Tenant is not in default of any
provision of this Lease, Tenant shall be entitled to quiet enjoyment of the premises.
(Q) Termination. Tenant may terminate this Lease at any time upon six
(6) months advance notice.
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17. Payments and Notices. Any notice to be ,given or other document to be
delivered by either party to the other party may be given by personal delivery or may be
deposited in the United States mail in the State of California, duly registered or certified,
with postage prepaid, and addressed to the party for whom intended as follows:
To Owner. City of Lodi
Attn: City Manager
P.O. Box 3006
Lodi, CA 95241-1910
cc: Public Works Director
To Tenant: San Joaquin County Mosquito
and Vector Control District
Attn: Manager
7759 South Airport Way
Stockton, CA 95206-3918
Either party hereto may from time to time by written notice to the other party
designate a different address which shall be substituted for the one specified above. If
any notice or other document is sent by registered or certified mail, as provided above,
the same shall be deemed served or delivered seventy-two (72) hours after the mailing
thereof.
18. Riqht of First Refusal. Owner shall not at any tim - -furi ig the term of this
lease sell or convey or agree to sell or convey all or any portion of the Leased Premises
without first having complied with the requirements of this Paragraph. Owner shall
desire to sell or convey all or any portion or portions of the Leased Premises, Owner
shall obtain from a third party a bona fide arms' length offer (the "Offer") and Owner shall
submit a written copy of the Offer to Tenant and shall give Tenant forty-five (45) days
within which to elect to meet the Offer. If Tenant elects to meet the Offer, Tenant shall
give Owner written notice thereof and closing shall be held within forty-five (45) days
thereafter, whereupon Owner shall convey to Tenant all or any portion of the Leased
Premises which are the subject of the Offer. At closing, Owner shall deliver to Tenant
a grant deed, sufficient to convey to Tenant fee simple title to the Leased Premises free
and clear of all liens, restrictions and encumbrances. Owner shall pay all transfer taxes
in connection with such conveyance This right of first refusal shall continue as to any
and all portions of the Leased Premises. In the event Tenant shall elect not to meet any
Offer, Owner may thereafter sell the portion or portions of the Leased Premises which
are subject of the Offer only to the party who made the Offer and only strictly in
accordance with the terms thereof. To prevent Owner from defeating the rights of
Tenant hereunder, Owner agrees that Owner will at no time accept an offer to purchase
all or any portion of the Leased Premises together with any other property of Owner in
contravention of Tenant's right to purchase the Leased Premises.
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19. Abandonment and Closure of Rearing. Upon termination of this
lease, Tenant, at its sole expense, shall provide for the abandonment and closure of any
and all rearing ponds utilized on site by Tenant to conform to adjacent surrounding
ground. Such abandonment shall be done in compliance with all applicable state and
federal laws and regulations.
This Ground Lease has been executed on the date first set forth, to become
effective as provided for in paragraph 3 hereof.
CITY OF LODI, a municipal
corporation
THOMAS A. PETERSON
Title: City Manager
Dawe: Jamia=y 19, 1994
TENANT:
SAN JOAQUIN COUNTY MOSQUE f0
and VECTOR CONTROL DISTRICT
Title:
Date:
ATTEST:
—
J IFER . PERRIN
City Clerk
Approved As To Form:
1%3 Y�h�-
BOBBY W. MCNA
City Attorney
0993WR.36 Page 11
CITY O F LQ D INEW EXHIBIT A
WHITE SLOUGH WATER POLLUTION
PUBLIC WORKS DEPARTMENT CONTROL FACILITY LAND LEASES
..........
........... . .. ...........
.......... ........... ..... .... ........
..........
cc
lI
NOT TO SCALE
LEGEND
O389 -acre parcel leased by Bechthold-Kirschenman Farms
O270 -acre parcel leased by Bechthold-Kirschenman Farms
218 -acre parcel leased by Lima Ranch
10 -acre parcel leased by Northern California Power Agency
O12 -acre parcel to be leased by San Joaquin County Mosquito & Vector Control District
j
EXHIBIT B
Site Fencing
The entire site shall be fenced with an eight (B) foot high fence complete with extension
arms with three rows of two -strand barbed wire projecting at an angle of approximately
45 degree extending outward. The fencing material shall be vinyl coated No. 9 gage
good quality steel wire. The fabric shall have a uniform diamond mesh approximately
two (2) in between the parallel sides. Top and bottom salvages shall have a twisted and
barbed finish.
Fence posts, gates, and accessories, such as barbed and tension wire, ties, bands,
clips, stretcher, bars, post tops, post braces, and gate hinges, latches, stops, and
keepers shall -be in accordance with Industrial Steel Specifications for Fence -Posts.
Gates, and Accessories of the Chain Link Fence Manufacturers Institute except as
follows:
o Intermediate posts shall be Type I or Type 11 round pipe.
o Posts shall have holes suitable for the through passage of a top fence rail.
o Bottom reinforcing wire shall be No. 7 gage galvanized steel wire.
o Double gates shall have eccentric double locking type latches which engage
strikes securely bolted to the gate frames at both top and bottom, and also
engage a heavy malleable iron nonfreezing gate stop anchored in a
concrete footing at the center of the double gate opening. Latches shall be
readily locked with a padlock.
o Hinges for swing gates shall allow gates to swing back parallel to the fence.
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