HomeMy WebLinkAbout1998-01-13; City Council; Resolution 98-141
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RESOLUTION NO. 98-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE LEASE OF
ZONE 19 PARK
WHEREAS, the City of Carlsbad recently acquired additional property identified
as Zone I9 Park Site to be developed for potential Municipal park expansion purposes.
WHEREAS, this property has been vacant and
WHEREAS, Sea Coast Greenhouses has requested a lease with the City of
Carlsbad and
WHEREAS, the property is not scheduled for immediate development and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the City of Carlsbad City Council has decided the negotiated lease
price of $300 per acre, per year for the annual amount of $5,400.00 to be in the best
interest of the City to accept until such time as park development commences.
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3. The Mayor is hereby authorized to execute Lease Agreement Sea Coast
Greenhouses Aviara Park Site, Zone 19 attached hereto as Exhibit 2. The City Clerk of
the City of Carlsbad is hereby authorized and directed to record the attached lease
agreement in the Office of the San Diego County Recorder.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the 13th day of January , 1998, by the
following vote to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ATTEST: n
ALETHA RAUTENKRANZ, City Cl&k
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carisbad Vie Drive
Carlsbad, CA 9208
Space above this line for Recorder's Use
Assessor's Parcel No. 215-080-02
SECTION
Section 1
1.01
1.02
1.03
1.04
1.05
1.06
Section 2 2.01
2.02
2.03 2.04
Section 3
3.01
3.02
3.03
3.04
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LEASE OUTLINE
PARAGRAPH
USES
- PAGE
Premises
Deletion of Portion of Leased Premises
Uses
Related Council Action
Quiet Possession
Easements and Reservations
TERM Commencement
Holdover
Quitclaim and Surrender of LESSEE'S Interest Termination of Lease
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1
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2
2
3
3
3
4
RENT
Time and Place of Payment
Rent
Delinquent Rent
Inspection of Records
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PAGE PARAGRAPH
GENERAL PROVISIONS
Notices
SECTION
Section 7
7.01
7.02
7.03
7.04
7.05
7.06
7.07
7.08
7.09
7.10
7.11
7.12
7.13
7.14
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Compliance with Law
CITY approval Nondiscrimination Partial Invalidity
Legal Fees Number and Gender
Captions
Entire Understanding
Agricultural Provisions
Agricultural Operations
Noxious Weeds, Pests ~
Control of Livestock
Employee Housing Prohibited
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WARRANTY Warranty Section 8
8.01
Section 9
9.01
SIGNATURES
Signature Page 26
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Section 10 EXHIBITS
Exhibit A 27
THIS LEASE AGREEMENT is executed between THE CITY OF CARLSBAD, a
municipal corporation, hereinafter called "CITY", and SEA COAST
GREENHOUSES ,hereinafter called "LESSEE".
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crops, 'located on the leased premises resulting
from CITY exercising the rights reserved in this
section. Such reimbursement may include a reduction in the rent proportionate to the amount
of damage as determined by CITY. CITY will pay
the costs of maintenance and repair of all CITY installations made pursuant to these reserved rights.
SECTION 2 : TERM
2.01 Commencement. Regardless of the date of execution
by the City, the term of this agreement shall be three (3) years commencing on January 15, 1998 .and terminating January 14, 2001.
2.02
2.03
Holdover. Any holding over by LESSEE after expiration or termination shall not be considered as a renewal or extension of this lease. The occupancy of the premises after the expiration or termination of this agreement constitutes a month-
to-month tenancy, and all other terms and conditions of this agreement shall continue in
full force and effect; provided, however, CITY shall
have the right to apply a reasonable increase in rent to bring the rent to fair market value and to terminate the holdover tenancy at will.
puitclaim and Surrender of LESSEE'S Interest. At
termination of this lease for any reason, LESSEE shall execute, acknowledge and deliver to CITY, within five (5) days after written CITY demand, a
valid and recordable quitclaim deed covering all
of the premises. The premises shall be delivered free and clear of all liens and encumbrances, and
in a decent, safe and sanitary condition.
At the expiration or earlier termination of this
lease, LESSEE shall surrender the premises to CITY free and clear of all liens and encumbrances,
except those liens and encumbrances which existed on the date of execution hereof, and in a decent, safe and sanitary condition. In the case of termination of this lease by CITY prior to the end
of the specified lease term, any liens and encumbrances must be approved in writing by the
deed, the CITY may prepare and record a notice reciting LESSEE'S failure to execute this lease provision and the notice will be conclusive evidence of the termination of this lease and all
LESSEE'S rights to the premises.
2.04 Termination of Lease. Either party may terminate
this lease at any time upon 120 days notice to the other. If at expiration of the 120 day time period LESSEE still has crops growing, LESSEE shall be permitted to continue raising and tending the crops and shall be permitted to harvest the crops. The right to harvest the crops shall not extend the term of the lease except that the
provisions of this lease, other than the extension provision, shall apply. The right to raise, tend and harvest shall apply only to crops planted
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Figure)
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Index Adiustment ComDutation. The rent
for each rental period following the
adjustment, until the next adjustment or other rental determination as provided herein, shall be determined prior to the date of adjustment by multiplying the rent which is effective immediately prior to said adjustment by the nadjustment figure" established by the method outlined in the following paragraphs; provided, however, increases in the rent shall not exceed six percent
(6%) per year nonaccumulative.
The Aadjustment figure" shall- be established by dividing the "current index" by the "base figure", both as defined herein:
The "base figure" for the first such adjustment shall be a three-month average of index- figures published by said CPI using the fourth, fifth and sixth full months preceding the effective date of this agreement.
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To illustrate, if the lease began in May, the CPI figures for November (sixth month) , December (fifth month) and
January (fourth month) preceding May would be averaged to establish the base figure (Example 1) .
The !!current index" shall be a three- month average of index figures published by said CPI. The three months to b.e used to establish said average shall be the fourth, fifth and sixth full months preceding the adjustment date.
The "base figure" for each successive
adjustment shall be the "current. index" figure used in the last preceding adjustment period (Example 2) .
Examle 1 Current Index 114 - = 1.04 (Adjustment
3.03
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Base Figure 110 Effective Rent x 1.10 = Adjusted Rent
Example 2
Current Index 120 - = 1.05 (Adjustment Figure)
Base Figure 114
Effective Rent x 1.05 = Adjusted Rent
The adjustment figure is then multiplied by the monthly rent from the preceding adjustment period to determine the new rent. Using the foregoing examples, if the rent is now $1,000 per month, after the first adjustment it will be $1, 040 per
month ($1,000 x 1.04) . In the second adjustment it will be $1,092 per month ($1,040 x 1.05) .
Delincruent Rent. If LESSEE fails to pay the rent when due, LESSEE will pay in addition to the unpaid rents, five percent (5%) of the delinquent rent. If the rent is still unpaid at the end of
fifteen (15) days, LESSEE shall pay an additional five percent (5%) [being a total of ten percent
(lo%>] which is hereby mutually agreed by the parties to be appropriate to compensate CITY for loss resulting from rental delinquency, including
lost interest, opportunities, legal costs, and the
cost of servicing the delinquent account.
per year on the amc underpaid in addit '
In the event that the CITY audit, if applicable, discloses that the rent for the audited period has been underpaid in excess of five percent (5%) of the total required rent, then LESSEE shall pay CITY the cost of the audit plus ten percent (10%)
mnt by which said rent was
;ion to the unpaid rents as shown .to be due CITY as compensation to CITY for
nd loss of interest as administrative costs .. - . a1
late' charges represent -. a
previously described herein. LESSEE agrees to pay such amount and further agrees that the specific
fair and reasonable estimate of the costs that CITY will incur from LESSEE'S late payment. Acceptance of late charges and any portion of the late payment by CITY shall in no event constitute a waiver of LESSEE default with respect to late payment, nor prevent CITY )f the other rights and
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from exercising any c remedies granted in this lt=a=c.
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3.04 InsRection of Records. LESSEE agrees to make any and all records and accounts available to CITY for
inspection at all reasonable times, so that CITY
can determine LESSEE'S compliance with this lease.
These records and accounts will be made available by LESSEE at the leased premises and will be complete and ' accurate showing all income and receipts from use of the premises. LESSEE s
failure to keep and maintain such records and make them available for inspection by CITY is a breach
of this lease and cause for termination. LESSEE shall maintain all such records and accounts for a minimum period of five (5) years.
4.01
SECTION 4: ASSIGNMENT
Time is of the Essence: Provisions Bindinq on
Successors. Time is of the essence for all of the
terms, covenants and conditions of this lease and, except as otherwise provided herein, all of the terms, covenants and conditions of this lease shall apply to, benefit and bind the successors and assigns of the respective parties, jointly and
individually.
4.02
nAssignmenttl, for the purposes of this clause shall include any transfer of any ownership
4.03
interest in this lease by LESSEE or by any partners, principals, or stockholders, as the case may be, from the original LESSEE, its general partners or principals.
Approval of any assignment or sublease shall be conditioned upon the assignee or sublessee agreeing in writing that it will assume the rights
and obligations thereby assigned or subleased and that it will keep and perform a11 covenants, conditions and provisions of this agreement which
are applicable to the rights acquired.
construction.
my subsequent encumbrances on the premises or on any permanent improvements thereon, must first have the approval in writing of City Manager. Such subsequent encumbrances shall also be for the
-q An-znlnnmp,nt of the premises I
developed in accordanc to the satisfacti
encumbrances may De u
the CITY thererrom. ". "
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Provided, however, arLer LU~ premises are fully - ze with said Developmept Plan .on of the City Manager, proceeds from refinancing or from such subsequent
' --sed to reduce LESSEE'S equity
so long as there - is also substantial benefit to
LESSEE understands and specifically agrees that the City Manager shall have the sole and absolute discretion to approve
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Any default, foreclosure or sale pursuant to said deed of trust, mortgage or other security instrument, shall be invalid with resp.ect to this lease without prior notice thereof to CITY. Upon prior written approval by CITY, said mortgagee or beneficiary may assign this lease to its nominee, if nominee is a reputable, qualified and financially responsible person in the opinion of CITY. Any deed of trust, mortgage or other security instrument shall be subject to all of the terms, covenants and conditions of this lease and shall not be deemed to amend or alter any of the terms, covenants or condition hereof.
4.04 Defaults and Remedies.
a. Default. In the event that:
LESSEE shall default in the performance of any covenant or condition required by this lease to be performed by LESSEE and shall fail to cure said default within thirty (30) days following written notice thereof from CITY; or if any such default is not curable
within thirty (30) days, shall fail to
commence to cure the default(s) within said
thirty-day period and diligently pursue such
cure to completion; or
LESSEE shall voluntarily file or have
involuntarily filed against it any petition under any bankruptcy or insolvency act or
law; or
LESSEE shall be adjudicated a bankrupt; or
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b.
(4) LESSEE shall make a general assignment for
the benefit of creditors;
then CITY may, at its option, without further notice or demand upon LESSEE or upon any person claiming rights through LESSEE, immediately terminate this lease and all rights of LESSEE and of all persons claiming rights through LESSEE to
the premises or to possession thereof; and CITY may enter and take possession of the premises. Provided, however, in the event that any default
described in Section 4.04a.(l), Default and Remedies, hereof is not curable within thirty (30) days after notice to LESSEE, CITY shall not terminate this lease pursuant to the default if
LESSEE immediately commences to cure the default and diligently pursues such cure to completion.
In the event that there is a deed af trust or mortgage on the leasehold interest, >CITY shall
give the mortgagee or beneficiary written notice of the default (s) complained of, and the same
mortgagee or beneficiary shall have thirty (30.)
days from such notice to cure the default(s) or,
if any such default is not curable within thirty
(30) days, to commence to cure the default (s) and diligently pursue such cure to completion. The thirty-day period may be extended during such time
as mortgagee or beneficiary pursues said cure with
reasonable diligence.
Remedies. If the mortgagee or beneficiary shall
be required to exercise its right to cure said default (s) through litigation or through foreclosure, then CITY shall have the option of
the following courses of action in order that the
default(s) may be expeditiously correction:
CITY may correct said default(s) and charge
the costs thereof to the account of LESSEE,
which charge shall be due and payable on the date that the rent is next due after presentation by CITY to LESSEE and mortgagee
or beneficiary of a statement of said costs.
(2) CITY may correct said default (s) and pay the
costs thereof from the proceeds of any
insurance fund held by CITY, CITY and LESSEE
or by CITY and mortgagee or beneficiary, or CITY may use the funds of any faithful
performance or cash bond on deposit with
CITY, or CITY may call on the bonding agent to correct the default(s) or to pay the costs of correction performed by or at the direction of CITY.
CITY may terminate this lease as to the rights of LESSEE by assuming or causing the assumption of liability for any trust deed or mortgage. LESSEE agrees to assume and pay any and all penalties or bonuses required by the beneficiaries, trustees or mortgagees as
a condition for early payoff of the related
obligations by CITY. CITY may, as an alternative, substitute for the terminated LESSEE a new LESSEE reasonably satisfactory to the mortgagee or beneficiary. -Y reasonable costs incurred by. CITY in
releasing to a new tenant shall be the responsibility of the terminated,LESSEE and LESSEE hereby agrees to reimburse CITY for any such costs.
c. Abandonment bv LESSEE. Even though LESSEE has
breached the lease and abandoned the property, this lease shall continue in effect for so long as
CITY does not terminate this lease, and CITY may enforce all its rights and remedies hereunder,
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opinion of CITY, the remainder of the premises is
suitable for continued lease operation, this lease shall terminate in regard to the portion taken on the date of the transfer of title or possession to
the condemning authority, whichever first occurs,
but shall continue for the portion not taken. The minimum rent shall be equitably reduced to reflect the portion of the premises taken.
d.
e.
Award. All monies awarded in any such taking shall belong to CITY, whether such taking results in diminution in value of the leasehold or the fee or both; provided, however, LESSEE shall be entitled to any award attributable to the taking of or damages to LESSEE'S then remaining leasehold interest in installations or improvements of
LESSEE, including crops. CITY shall have no
liability to LESSEE for any award not provided by the condemning authority.
Transfer. CITY has the right to trarisfer CITY'S interests n the premises in lieu of condemnation
to any authority entitled to exercise the power of eminent domain. If a transfer occurs, LESSEE shall retain whatever interest it may have in the fair market value of any improvements placed by it
on the premises in accordance with this lease so
long as such rights do not unreasonably or
substantially interfere with LESSEE'S operations.
f. No Inverse Condemnation. The exercise of any CITY
right under this lease shall not be interpreted as an exercise of the power of eminent domain and
shall not impose any liability upon CITY for inverse condemnation.
SECTION 5: INSURANCE RISKS/SECURITY
Indemnitv. LESSEE shall at all times relieve,
indemnify, protect, and save CITY and any and all of its boards, officers, agents and employees harmless from any .and all claims and demands,
actions, proceedings, losses, liens, . costs, judgments, civil fines, and penalties of any nature whatsoever in regard to or resulting from the use of the premises, including but not limited to expenses incurred in legal actions, death, injury, or damage that may be caused directly or indirectly by:
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a. any unsafe or defective condition in or on the
premises of any nature whatsoever which may exist
by reason of any act, omission, neglect, or any
use or occupation of the premises;
b. any operation, use or occupation conducted on the
premises ;
c. any act, omission, or negligence on the part of LESSEE, its employees, agents, sublessees, invitees, licensees; or
d. any failure by LESSEE to comply or secure
compliance with any of the lease terms or
conditions.
a. Public liability and Property Damase insurance in the amount of not less than ONE MILLION DOLLARS
($l,OOO,OOO> Combined Single Limit Liability with an occurrence claims form, if available. This policy shall cover all injury or damage, including
death, suffered by any party or parties from acts or failures to act by CITY or LESSEE or by
authorized representatives of CITY or LESSEE on or in connection with the use or operation of the
premises.
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b Fire, Extended Coverase, and Vandalism Insurance
policy on all insurable property on the premises in an amount to cover 100 percent of the
replacement cost. Any proceeds from a loss shall
be payable jointly to CITY and LESSEE. The proceeds shall be placed in a trust fund to be
reinvested in rebuilding or repairing the damaged
property. If there is a mortgage or trust deed on the leasehold in accordance with Section 4.03,
Encumbrance, hereof, the proceeds may be paid to
the approved mortgagee or beneficiary so long as adequate provision reasonably satisfactory to CITY has been made in each case for the use of all proceeds for repair and restoration of damaged or destroyed improvements on the premises.
c. . Condition. All insurance policies will name CITY
as an additional insured, protect CITY against any legal costs in defending claims, and will not
terminate without sixty (60) days prior written notice to CITY. All insurance companies must be
satisfactory to CITY and licensed to do business
in California. All policies will be in effect on or before the first day of the lease, except "course of construction fire insurance" shall be
in force on commencement of all authorized
construction on the premises, and full applicable fire insurance coverage shall be effective upon completion of each insurable improvement. A copy of the insurance policy will remain on file with CITY during the entire term of the lease. At least thirty (30) days prior to the expiration of
each policy, LESSEE shall furnish a certificate (s)
showing that a new or extended policy has been obtained which meets the terms of this lease.
d.
e.
f.
Modification. CITY, at its discretion, may require the revision of amounts and coverages at any time during the term by giving LPSSEE sixty
(60) days prior written notice. ' CITY s
requirements shall be designed to assure protection from and against -the kind and extent of risk existing on the premises.. LESSEE also agrees
to obtain any additional insurance required by CITY for new improvements, in order to meet the requirements of this lease.
Accident ReDorts. LESSEE shall report to CITY any
accident causing more than TEN THOUSAND DOLLARS
($10,000) worth of property damage or any serious injury to persons on the premises. This report shall contain the names and addresses of the parties involved, a statement of the circumstances, the date and hour, the names and addresses of any witnesses and other pertinent
information.
Failure to ComDlv. If LESSEE fails or refuses to
take out and maintain the required insurance, or
fails to provide the proof of coverage, CITY has
the right to obtain the insurance. LESSEE shall reimburse CITY for the premiums paid with interest at the maximum allowable legal rate then in effect in California. CITY shall give notice of the
payment of premiums within thirty (30) days of payment stating the amount paid, names of the
insurer(s) and rate of interest. Said reimbursement and interest shall be paid by LESSEE on the first (1st) day of the month following the
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notice of payment by CITY.
Notwithstanding the preceding provisions of this Subsection f., if LESSEE fails or refuses to take
out or maintain insurance as required in this
lease, or fails to provide the proof of insurance, CITY has the right to declare this lease in default without further notice to LESSEE and CITY shall be entitled to exercise all legal remedies in the event of such default.
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5.03
Insurance, hereof.
LESSEE agrees that preliminary steps toward performing repairs, restoration, or replacement of the premises shall be commenced by LESSEE within thirty (30) days, and the required repairs,
restoration, or replacement shall be completed within a reasonable time thereafter. CITY may determine an equitable deduction in the minimum annual rent requirement for such period or periods that said premises are untenantable by reason of
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6.04
cost for the operation and maintenance of the premises throughout the term. LESSEE will perform all such repairs and replacements necessary to maintain and preserve the premises in a decent, safe, healthy and sanitary condition satisfactory to CITY and in compliance with all applicable laws. Appropriate codes and standards of CITY, state and federal agencies shall be observed in
all maintenance, repairs and replacements on the
premises.
Im?xovements/Alterations. 'No improvements, structures, or installations shall be constructed
on the premises, and the premises may not be altered by LESSEE without prior written -approval by the City Manager. Further, LESSEE agrees that major structural or architectural design alterations to approved improvements, structures, or installations may not be made on the premises without prior written approval by the City Manager and that such approval shall not be unreasonably withheld. This provision shall not relieve LESSEE
of any obligation under this lease to maintain the
premises in a decent, safe, healthy, and sanitary
condition, including structural repair and restoration of damaged or worn improvements. CITY
shall not be obligated by this lease to make or
assume any expense for any improvements or
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SECTION 7: GENERAL PROVISIONS
7.01 Notices
7.02
7.03
7.04
Compliance with Law. LESSEE shall at all times in the construction, maintenance, occupancy and operation of the premises comply with all applicable laws, statutes, ordinances, and regulations of CITY, County, State and Federal Governments at LESSEE'S sole cost and expense. In addition, LESSEE shall comply with any and all notices issued by the City Manager or his authorized representative under the authority of any such law, statute, ordinance, or regulation.
CITY Apsroval. The approval or consent of CITY, wherever required in this lease, shall mean the written approval or consent of the City Manager unless otherwise specified, without need for further resolution by the City Council.
Nondiscrimination. LESSEE agrees not to discriminate in any manner against any person or persons on account of race, marital status, sex, religious creed, color, ancestry, national origin,
age or physical handicap in LESSEE'S use of the premises, including, but not limited to the providing of goods, services, facilities, privileges, advantages, and accommodations, and
the obtaining and holding of employment.
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7.05 Partial Invaliditv. If any term, condition or provision of this lease
invalid, void or unenforceable by a competent jurisdiction, the remaining will remain in full force and effect.
covenant , is found
court of provisions
7.06 Lesal Fees. In the event of any litigation
regarding this lease, the prevailing party shall
be entitled to an award of reasonable legal costs, including court and attorney's fees.
7.07 Number and Gender. Words of any gender used in
this lease shall include any other gender, and words in the singular number shall include the plural , when, the tense requires.
7.08 Captions. The Lease Outline, section headings, and captions for various articles and paragraphs shall not be held to define, limit, augment, or describe the scope, content, or intent of any or
all parts of this lease. The numbers of the paragraphs and pages of this lease may not be consecutive. Such lack of consecutive numbers is intentional and shall have no effect on the enforceability of this lease.
7.09 Entire Understandinq. This lease contains the
entire understanding of the parties. LESSEE, by
signing this agreement, agrees that there is no other written or oral understanding between the parties with respect to the leased premises. Each party has relied on its own examination of the premises, advice from its own attorneys, and the warranties, representations, and covenants of the lease itself. Each of the parties in this lease
agrees that no other party, agent, or attorney of any other party has made any promise, representation, or warranty whatsoever which is no: contained in this lease.
The failure or refusal of any party to read the
lease or other documents, inspect the premises, and obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, .contention, or claim that might have been based on these actions. No modification, amendment, or alteration of this lease will be valid unless it is in writing and signed by all parties.
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f.
h.
i.
Erosion shall be controlled and monitored by the Universal Soil Loss Equation provided by U.S. Soil Conservation Service. If erosion exceeds three tons per acre CITY may terminate this lease.
No soil is to be left uncropped.
No land with an average slope of 30 percent or more shall be farmed.
All pesticide application shall be approved and supervised by the county agricultural office, with all necessary permits obtained
7.11
7.12
7.13
7.14
from county in advance. A complete record of
fertilization and pesticide application must be kept and made available upon request by
CITY.
j. Access roads shall be limited to those
approved by the Public Works Director and
shall not cause erosion problems.
Asricultural ODerations. LESSEE agrees to abide
by the conditions for agricultural operations set forth herein. Failure of LESSEE to cease or cure any unauthorized practice within 30 days after written notice to do so shall constitute at the
option of CITY, an immediate termination of the lease.
Noxious Weeds, Pests. .LESSEE shall take proper corrective action, to the satisfaction of CITY, to prevent the infestation of noxious ' weeds and pests.
Control of Livestock. The premises shall be adequately fenced to control livestock without cost to CITY and in a manner satisfactory to CITY. LESSEE shall be solely responsible for all damage of any kind resulting from livestock leaving said - premises.
Emnlovee Housins Prohibited. LESSEE shall not
provide, housing for employees or any other persons
on the property. LESSEE shall not permit LESSEE'S
employees or any other persons to reside upon the property in any way.
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SECTION 9: SIGNATURES
9.01 Siqnature Paqe
IN WITNESS WHEREOF, thi.s Lease Agreement is executed by CITY,
acting by and through its Mayor, and by LESSEE, acting by and
through its lawfully authorized '
THE CITY 0
BY )- l4- 9s' Date
,- By :
47 "3/ - /YP 7 Date
By :
Printed Name Date
APPROVED as to form and legality this *,/.<I fl
199a
EXHIBIT
EXHIBIT
A: Property Description
B:
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personally known to me -OR- Ed
*
E roved to me on the asis of satisfactory evidence to be the person(@ whose name(@ IS^ subscribed to the within instrument and acknowledged to me that he/- executed the same in his/h- authorized capacity(*), and that by hts/RecSckeK signature(& on the instrument the person(@, or the entity upon behalf of which the person(@ acted, executed the instrument.
Witness n my hand and official seal.
RIGHT THUMBPRINT (Optionall
CAP ITY CLAIMED BY SIGNERIS)
0l&IDUALIS)
OCORWRATE -
OFFICERS1
tT1Ns)
OPARTNER(S) OLIMITED
OGENERAL
OATTORNN IN FACT
OTRUSTEEISI
OGUARDIANICONSERVATOR
OOTHER:
SIONER IS REPRESENTINQ.
(Name of Pe?on(sl or Entity(ies1
CAPACITY CLAIMED BY SIGNER(S1
OINDIVIDUALIS)
OCORPORATE
ATTENTION NOTARY
~
OFFICER(SI
unauthorized document. h OATTORNEY IN FACT
DESCRIBED AT RIGHT:
Signer(s1 Other Than Named Above SIONER IS REPRESENTINO:
(Name of Perron(s1 or Entity(ie8)
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PLA T TO ILLUSTRA TE LEGAL DESCRIPTION: FOR PARK SITE I
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EXHIBIT
SECTION
section 7
7.01
7.02
7.03
7.04
7.05
7.06
7.07
7.08
7.09
7.10
7.11
7.12
7.13
7.14
Section 8
8.01
Section 9
9.01
PARAGWPH
GENERAL PROVISIONS
Notices Compliance with Law
CITY approval
Nondiscrimination
Partial Invalidity
Legal Fees Number and Gender
Captions Entire Understanding
Agricultural Provisions
Agricultural Operations
Noxious Weeds, Pests " - ~ control of Livestock
ibited
WARRANTY
Warranty
SIGNATURES
Signature Page
PAGE
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