HomeMy WebLinkAboutAgenda Report - August 9, 19944
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CITY OF LORI COUNCIL COMMUNICATION
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AGENDA TITLE: Modification of White Slough Lease Agreement with rVrlan Farms
MEETING DATE: September 7,1994
PREPARED BY: Public Worcs Director
RECOMMENDED ACTION: That the City Council approve the proposed modifications to the lease
agreement (1) decreasing the annual rental amount until water is again
available from the Delta or until effluent can be provided
by the City of Lodi; and
(2) modifying the wording of the termination clause.
BACKGROUND INFORMATION: On July 25, 1994, the Water/Wastewater Superintendent received
the attached letter from Bechthold-Kirschenman Farms (see
Exhibit 1). The attached memo dated August 9, 1994 (Exhibit 2),
from the Water/Wastewater Ssperintendent, describes Bechthold-
Kirschenman Farms' request and recommends a temporary rent reduction.
Attached as Exhibit 3 is a copy of the lease agreement with the recommended changes shown on Page
1 and Page 6R. The modifications on Page 1 change the rental price and those on Page 6R modify
the termination clause providing the City with additional flexibility if it should desire to use the property
as a soccer complex, golf course, wetlands, etc. The City Attorney has reviewed and approved the
wording of these proposed modifications.
FUNDING: Not applicable.
JLR/tm
Attachments
cc: City Attorney
WaterNVestewater Superintendent
Assistant Wastewater Treatment Superintendent
Bechthokl-Kirschenman Farms
APPROVED.
A
CL.EASMOO.DOC
THOMAS A. PETERSON
City Manager
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.11:4,,pR RESOURCES CONTROL BOARD
• e6NoCRsoN 8uttotRm
. ► STREET
` SACRAMENTO, .CALIFORNIA 95814
(916) 657-1359
FAX: 657-1495
Wilke Addles
DIVISION OF WATER RIGHTS
E0 BOX 2000, Ssaataeato.CA 95812.7000
June 10, 1994
TO: WATER RIGHT HOLDERS WITH PER*ITS OR LICENSES IN THE
SACRAMENTO AND SAN JOAQUIN WATERSHEDS AND DELTA CHANNELS
NOTICE OF UNAVAILABILITY OF WATER
The current nater year has been declared critically dry by the California
Department of Nater Resources. Hy letter of Hay 9, 1994 warned of impending
water shortage. The rainfall in Hay added to the supply in some major reservoirs
but has not significantly changed the critical shortage of water.
The purpose of this letter is to advise you that water will not be available for
diversion under any of your permits or licenses issued by the State Water
Resources Control Board (SWRCB) beginning on July 1. 1994 and continuing through
August 31. 1994 unless otherwise notified. Water diverted during this
curtailment period must be from alternate sources of supply. such as groundwater
wells, purchased water, or rediversion from earlier storage. These restrictions
do not apply to those who divert under contracts or agreements with the U.S.
Bureau of Reclamation or the Department of Water Resources. including individuals
who are members of agencies with contracts or agreements. as long as the
contractual limitations are observed.
This Curtailment Notice does not apply if there is a section of streambed between
your point of diversion and either the Sacramento River, San Joaquin River. or
the Delta, where no visible flow of water exists. The existence of visible flow
in the stream should be determined when you are not diverting water.
Division of Water Rights (Division) staff will be checking the status of
diversions under some of the projects covered by water right permits and
licenses. If you are contacted by our staff. we trust we will have your full
cooperation. In the event complaints of violation of permit or license terms or
conditions are received from affected persons. including users holding higher
priority rights. the were is required by provisions of the California Code of
Regulations to investigate. Those who are found to be diverting water beyond
what is legally available to them may be subject to enforcement actions.
including fines of up to $500 per day and/or cease and desist orders.
We are requesting your cooperation and assistance in complying with the
constraints under your water right to conserve the limited supplies of available
water. •
If you have any questions with respect to this letter. an engineer from the
Division is available at (916) 657-0765.
Sincerely.
Edward C. Anton. Chief
Division of Water Rights
JUN 131994
•7.:CIfYCFLODI
MEMORANDUM. City of 'Public Works Department
TO: Public Works Director
FROM: Superintendent
DATE: , August 9. 1994
SUBJECT: Request For Temporary Adjustment of Lease Fees
EXHIBIT 2
AU® 11 1994
City 'flc9
Attached is a letter from one of our tenants, Bechtold and Kirshenman Farms regarding the
recently granted five year lease for Parcel a on Exhibit A attached.
As you're aware, this 270 acre parcel was purchased several years ago for future disposal of
industrial and domestic wastewater and biosolids (sludge) as Lodi grows. Currently very little
or no wastewater is available to irrigate this leased parcel. (Engineering design for a
distribution system is underway now, but actual construction and operation is a couple years
away.)
Our tenant entered the current agreement with the above mentioned knowledge and it was
reflected in the terms of the agreement. (Annual rent established at $182/a cre/year, upon
delivery of wastewater annual rent goes to 3221/parcel/year.) In the interim our tenant planned
to utilize inexpensive Delta water from White Slough as the primary source of irrigation water
and well water as a secondary backup source.
On June 13, 1994 the City and its tenants were informed that beginning July 1, 1994 through
August 31. 1994 no water could be taken from the Delta (see attached letter dated June 10,
1994 from California Water Resources Control Board).
In the attached letter, Bechthold-Kirschenman Farms proposes to dry farm 50°% of the 270
acre parcel and the remaining acreage will be irrigated with well water. This will obviously
drive the cost of their operation up (well pumping) and drastically reduce our tenant's income
(dry farming).
Our tenant has asked for temporary rent relief until the water from the Delta is again available
and/or the City can deliver wastewater on a more continuous basis.
Based on the above circumstances I believe Lodi City Council should consider a temporary
reduction of rent form $182 to $140 per acre on the 270 acre parcel.
E. Forkas
/Wastewater Superintendent
FEF/kf
Attachments
cc: Assistant Wastewater Treatment Superintendent
Bechtold-Kirshenman Farms
0894WB.04
f
CITY OF LODI
PUBLIC WORKS DEPARTMENT
tar
EXHIBIT A
R am SLOUGH WATER rOLLUTI ON
CONTROL FACILITY LAND LEASES
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LEGEND
0 389 -acre parcel leased by Bechthold-Kirschenman Farms
O270 -acre parcel leased by Bechthold-Kirschenman Farms
0 218 -acre parcel leased by Lima Ranch
O10 -acre parcel leased by Northern California Power Agency
O12 -acre parcel to be leased by San Joaquin County Mosquito & Vector Control District
1
NOT TO SCALE
ii}iiii A
THIS LEASE, made and entered into this day of
1993, by and between the CITY OF 1001, as municipal corporation,
hereinafter called Lessor, and 6ECHTHOLO-KIRSCHENMAN FARMS, hereinafter
called Lessee.
WITNESSETH:
EXHIBIT
1. PROPERTIES: That for and in consideration 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 270 acrest.
2. TERM: The term of this Lease shall be for a period of five (5)
years, commencing January 1, 1994, and terminating at midnight on
December 31, 1998. In order that the tenants have adequate time to
plan their farming operations, bids for the lease of this property
after December 31, 1998, will be called for approximately one year
before that date.
3. RENT: In consideration of said Lease, Lessee agrees to pay to Lessor
as rent for the demised premises, the following amounts:
Year S/Acre/Year Annual Rent
1994 S182.00 S49,140.00
1995 $182.00 $49,140.00
1996 $182.00/5221.00 $49,140.00*
1997 $182.00/S221.00 $49,140.00*
1998 $182.00/S221.00 $49,140.00*
Rent to be paid monthly, quarterly or annually, in advance, If rent
is paid annually in advance, a 2S discount on the annual rent can be
taken. Rental payments shall be made before the first day of the
month or quarter and shall be directed to the Public Works
Department, 221 West Pine Street, P. 0. Box 3006, Lodi, California,
95241-1910, for processing and shall be paid without prior notice or
demand.
*Rent will be $182.00 per acre per year until such time as water can
be supplied from White Slough Water Pollution Control Facility. At
the time water is available, the rent per acre will increase to
$221.00 for the acreage receiving water. Rent will remain $182.00
per acre for acreage not supplied with water.
4. USE: The properties shall be used solely for the purpose of
pasturing beef cattle or growing, cultivating, fertilizing,
LEASEBK2/TXTW.02M 1
ADD THIS PARAGRAPH
The $182.00 per acre par year amount indicated above shall be reduced to 9140.00 per
acre per year beginning September 1, 1994 and continuing until such time as the Lessee
again has approval of Stat. Water Resources Control Board (SWRCB) to use Delta waters
or until Lessor can provide plant effluent
irrigating, and harvesting of agricultural crops. During the term of
this Lease, and any extension thereof, it is understood and agreed by
the parties hereto that Lessee shall be required to accept industrial
wastewater, treated domestic effluent, and domestic sludges 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 California Department
of Health Services regulations (Title 22, Division 4), copy attached
as Exhibit 8, will limit Lessee to growing only fodder, fiber, or
seed crops once wastewater and/or sludges are discharged on the
properties. Further, Lessee shall be permitted to use the properties
for any use consistent with the terms of the within Lease and those
uses 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 sludges from
the White Slough Facility in such a manner that it will not allow the
discharge of any runoff to White Slough 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.
5. 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. Lessee shall be
responsible for keeping the City Public Works Department advised of a
current telephone number and contact person.
6. REMEDIES ON DEFAULT: Should Lessee fail to pay any part of the rents
herein specified at the times or in the manner herein provided, or
fail to comply with or perform any other of the terms and provisions
of this Lease on the part of Lessee to be performed or complied 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 this Lease. In any of such
events, Lessor shall be entitled to the immediate possession of said
leased premises, and, at its 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 no one of them as
exclusive of the other or as exclusive of any remedy provided by law
or equity.
7. RELATIONSHIP OF PARTIES: It is understood and agreed that the
relationship between the parties is that of landlord and tenant and
LEASEBK2/TXTW.02M - 2
yr
not as a party or agent of Lessor. Lessee, or its subtenant, shall
carry Worker's Compensation Insurance and observe all laws and
regulations applicable to employers.
8. DITCH, ROAD, AND PROPERTY MAINTENANCE: Lessee shall maintain and pay
all costs of maintaining the irrigation lines, ditches, fences, and
all access roads located on the properties. Lessee, at its sole cost
and expense, shall provide an adequate drainage system and agrees to
cause to be cleaned within a reasonable time, when requested by
Lessor to do so, the drainage ditches and facilities located on the
properties. 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, and other improvements of any nature whatsoever
located on the demised premises.
9. 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:
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.
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.
10. ASSIGNMENT AND SUBLETTING: Lessee shall 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.
LEASEBK2/TXTW.02M 3
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11. ENTRY BY LESSOR: Lessor shall have the right at all reasonable times
during the tern of this Lease to enter said leased premises for the
purpose of examining or inspecting the same.
12. 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
alternations or any alternation that would interfere with Lessor's -
wastewater discharges on the leased premises shall be first approved
by Lessor before the same is made. All alterations, additions, or
improvements made in, to, or on the demised 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.
13. SURRENDER OF 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 acts of God or fire excepted.
14. FEES: Lessee shall pay all license fees, or other fees or taxes,
levied by any governmental agency which may be imposed upon the
business of Lessee or its subtenant conducted upon 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.
15. 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.
16. WASTE: Lessee shall not maintain or commit, nor suffer to be
maintained or committed, any nuisance or waste in or about said
leased 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.
17. 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.
18. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: Lessee agrees to
indemnify and save 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
LEASEBK2/TXFW.02M 4
•
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. 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 full force during the term hereof a
policy of public liability insurance under which Lessee is named as
insured, and containing an additional named insured endorsement
naming Lessor as an 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 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 $1,000,00.00 (One Million
Dollars). In addition to the additional named insured endorsement on
Lessor'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 or its officers and employees
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 (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.
19. BANKRUPTCY, RECEIVERSHIP, AND INSOLVENCY: If Lessee should make a
general assignment for the benefit of creditors, or f4le 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.
20. 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 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,
LEASEBK2/TXTW.02M 5
that Lessor shall not be entitled to any award made to Lessee for
loss of business, business leasehold improvements, and crops.
21. 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 judgement therein.
22. 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.
23. ACCEPTANCE OF LEASEHOLD ESTATE: Lessee has examined the leased
premises, knows the conditions thereof, and accepts possession
thereof in their condition.
24. 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
California Department of Health Services, prohibit the growing of
any crop on the proerties. In the event Lessee terminates this
Lease as provided above, rent shall be prorated to the date of
termination.
B.
25.
26.
lessee shall also be permitted to terminate this Lease for any
reason whatever 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 rents due for the
entire calendar year in which such notice is given.
By Lessor.
Lessor may terminate this lease if it determines, in
retion, that the demised premises are necessary for
any City function oFlpurpose approved by the City Council. In
such cases, the Lessor shall give to the Lessee six (6) months'
written notice thereof, and rent shall be prorated.
ADD THESE WORDS
any othor
27. BINDING ON HEIRS: This Lease shall include and 4nure to and bind the
heirs, executors, administrators, successors, and assigns of the
CHANGE APPROVED:
LEASEBK2/TXTW.02M - 6R -
•
(Lessee)
(Lessor)
mar NMI
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.
LEASEBK2/TXTW.02M - 7 -
011 110104111010 i , 1.,,J,11 :NL:II Yi Yli
.IPS • )4.41100, l• :ihl'r1:/_: MaCO S)?
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that Lessor shall not be entitled to any award made to Lessee for
less of b':siness, business leasehold improvements, and crops.
21. 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 judgement therein.
22. 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 'o 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.
23. ACCEPTANCE OF LEASEHOLD ESTATE: Lessee has examined the leased
premises, knows the conditions thereof, and accepts possession
thereof in their condition.
24. 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
California Department of Health Services, prohibit the growing of
any crop on the proerties. In the event Lessee terminates this
Lease as provided above, rent shall be prorated to the date of
termination.
25.
26.
Lessee shall also be permitted to terminate this Lease for any
reason whatever 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 rents due for the
entire calendar year in which such notice is given.
By Lessor. Lessor may terminate this lease if it determines, in
its sole discretion, that the demised premises are necessary for
any City function orIpurpose approved by the City Council. In
such cases, the Lessor shall give to the Lessee six (6) months'
written notice thereof, and rent shall be prorated.
ADD THESE WORDS
any other
27. BINDING ON HEIRS: This Lease shall include and inure to and bind the
heirs, executors, administrators, successors, and assigns of the
CHANGE APPROVED:
LEASEBK2/TXTW.02M - 6R -
iih J'..ft'lV01:1W-?.e.T.;,....
(Lessee)
(Lessor)
~k wrY!t SCiiYr „
that Lessor shall not be entitled to any award made to Lessee for
loss of business, business leasehold improvements, and crops.
21. 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 judgement therein.
22. 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.
23. ACCEPTANCE OF LEASEHOLD ESTATE: Lessee has examined the leased
premises, knows the conditions thereof, and accepts possession
thereof in their condition.
24. 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
California Department of Health Services, prohibit the growing of
any crop on the proerties. In the event Lessee terminates this
Lease as provided above, rent shall be prorated to the date of
termination.
B.
Lessee shall also be permitted to terminate this Lease for any
reason whatever 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 rents due for the
entire calendar year in which such notice is given.
By Lessor.
Lessor may terminate this lease if it determines, in
cretion, that the demised premises are necessary for
any City function or) purpose approved by the City Council. In
such cases, the Lessor shall give to the Lessee six (6) months'
written notice thereof, and rent shall be prorated.
25. 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.
26. ACCESS: Lessee shall be permitted reasonable access over adjacent
City property owned by Lessor for ingress and egr::ss purposes.
27. BINDING ON HEIRS: This Lease shall include and inure to and bind the
heirs, executors, administrators, successors, and assigns of the
LEASEBK2/TXTW.02M - 6R -
• 4707 I .:. ....u..... _ .......,.r....-A0zrvsN.0,. `bxtVaav_.--,-=.wnwtr : c
titl4tYr .►A,
CHANGE APPROVED:
(Lessee)
(Lessor)
r. el- ; I ra
respective parties hereto, but nothing in this paragraph contained
shall be construed to modify or impair in any njanner 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.
LEASEBK2/TXTW.02M 7
IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease on the date
and year first above written.
CITY OF LODI, a municipal corporation BECHTHOLD•KIRSCHENMAN FARMS
Hereinabove called "Lessor" Hereinabove called "Lessee"
By
IHUMAS A. PLItXSUN, City Manager
Attest:
JENNIFER M. PERRIN, City Clerk
Approved as to Form:
BOB MCNATT, City Attorney
LEASEBK2/TXTW.02M - 8 -
i.; I,I@LI■. NIA 611 L .im . N.1,.-....1..:,,,,lesaMeftiredresombt
By
Mitred B. Bechthold
John Kirschenman
C
C 'TY LODI '
Lease for 270 acres + at White Slough
Water Pollution Control Facility
PUBLIC WORKS DEPARTMENT
property to be leased is descrlbH AS teat reel property slibatld 1l
the City or toil. Cants of San JoaguIA, State of California described as
follows:
PARCEL ONE:
The North one-half (N 1/2) of Section ZS. T3N. ISE. Mean. according to
the Official Plat thereof.
Excepting therefrom any portico thereof Aid' lies westerly of the
easterly )one of that certain land conveyed to State of California by Deed
received November 3. 1910 in loot 3495 of Official Records at Page 423 to
the Office of the County Recorder. San Joaquin County. California.
PARCEL T1I0:
A11 that portion of the North one-half (N 1/2) of Section 30.1 . est.
MOWN. according to the Official Plat thereof. lying hest and South of the
southwesterly line of Thornton Reed.
Z
CITY COUNCIL
JACK A. SIECLOCK. Mayor
STEPHEN I. MANN
Mayor Pro Tempore
RAY C. DAVENPORT
PHILLIP A. PENNINO
JOHN R. (Randy) SNIDER
ler
CITY OF LODI
Bechthold-Kirschenman Farms
18989 North Davis Road
Lodi, CA 95242
CITY HALL. 221 WEST PINE STREET
P.O. BOX 3006
LODI. CALIFORNIA 95241-1910
(209) 334-5634
FAX 12091 333.6795
September 1, 1994
SUBJECT: Modification of White Slough Lease Agreement with
Bechthold-Kirschenman Farms
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
City Clerk
BOB McNATT
City Attorney
Enclosed is a copy of background information on an item that is on the City Council agenda of
Wednesday, September 7, 1994, at 7 p.m. The meeting will be held in the City Council
Chamber, Camegie 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 speakers card
(available at the Camegie 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 Jennifer Perrin, City Clerk, at (209) 333-6702.
If yuu have any questions about the item itself, please call me at (209) 333-6706.
• A
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Ronsko
orks Director
JI.R/Im
Enclosure
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