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Home My WebLink AboutAGENDA REPORT 1991 0123 CC REG ITEM 11F ITEM MOORPARK ITEM BERNARDO M. PEREZ .00RPARK, CALIFORNIA OPOPPK �4`° STEVEN KUENY Mayor City Cou II MNtI Fo °9 City Manager SCOTT MONTGOMERY n CHERYL J. KANE Mayor Pro Tern of 1991 City Attorney ELOISE BROWN i ° PATRICK RICHARDS,A.I.C.P. Councilmember ACTIO ® Director of CLINT HARPER, Ph.D. o Community Development Councilmember ' � �i� R. DENNIS DELZEIT PAUL W. LAWRASON,Jr. By City Engineer Councilmember � 't-- JOHN V.GILLESPIE Chief of LILLIAN KELLERMAN Police City Clerk RICHARD D T. HARE City Treasurer MEMORANDUM TO : The Honorable City Council FROM : Philip E. Newhouse, Dir. of Community Services DATE : January 18, 1991 v "f� 1� SUBJECT : Consider Soccer Fields at Arroyo Vista Community Park At your meeting of January 9, 1991, Council requested this item be placed on the agenda for discussion. BACKGROUND : Currently, Arroyo Vista Community Park is leased to Fedelety Corporation for agricultural production of vegetables . The current term of the lease was set for two years; January 1, 1990 through December 31, 1991 . Additionally, the lease shall automatically renew not more than three (3) times, for three (3) successive terms of one (1) year each. Paragraph 39 of the lease, "Right to Terminate Lease in Whole or in Part, " grants to the City the right to terminate the lease and retake possession of the entire premises, or any portion thereof, at any time after the original term of the original lease, which expires December 31, 1991 . Additionally, the City is further granted the right to partially terminate the lease and retake possession of approximately ten (10) acres running along the western boundary of the premises as depicted in Exhibit "A" attached. at any time during the original term of the lease . City shall exercise these rights by providing tenant with written notice of such termination at least six months prior to the date of any such retaking. STAFF RECOMMENDATION: Direct staff as deemed appropriate . PEN:db Attachments 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 1 � j xl � k yFyF I # J f: a LEASE AGREEMENT ARROYO VISTA COMMUNITY PARK PARCELS 506-01-28 and 506-01-64 JANUARY 1990 I� Y i LEASE AGREEMENT PARCELS 560-01-28 and 506-01-64 THIS LEASE AGREEMENT, (hereinafter "Lease" ) is made and entered into as of this lst day of January, 1990 , by and between, the CITY OF MOORPARK, (hereinafter "City, " ) and FEDELETY CORPORATION, a California corporation, (hereinafter "Tenant" ) . The parties agree that : 1. PROPERTY LEASED. City, in consideration of the rents and payments herein agreed to be paid , and of the indemnifications , covenants , and agreements agreed to herein, hereby leases to Tenant , and Tenant hereby leases from City, those certain parcels of real property described as Exhibit "A" attached hereto and by this reference incorporated herein, together with any and all improvements thereon (all of which are hereinafter referred to as the "Premises" ) . 2. TERM. The original term of this Lease shall be for two years , commencing January 1 , 1990 and ending December 31, 1991 , provided however , that City ' s obligations hereunder shall be contingent upon Tenant ' s execution of a quitclaim deed and payment , in full , of all of the obligations set forth at Paragraph 5 (A) of this Lease, and Tenant' s furnishing City with certificates of the insurance specified in Paragraph 10 of this Lease. 3 . AUTOMATIC RENEWALS . Provided this Lease has not been terminated, and provided further that Tenant shall not be in default of any provision of this Lease, this Lease shall automatically renew, not more than three ( 3 ) times , for three ( 3 ) successive terms of one ( 1) year each. Each one (1) year renewal term shall be an independent renewal of this Lease and shall be subject to the rental adjustments set forth at Paragraph 6 of this Lease, and all other provisions of this Lease. 4 . HOLDING OVER. Should Tenant retain possession of the Premises beyond the original term of this Lease or any renewal hereof , or after the effective date of any notice of termination of this Lease, without the express consent of City, Tenant shall automatically become a Tenant from month to month during such hold-over period. Tenant shall be subject to all of the terms, covenants and conditions of this Lease, including the obligation to pay rent on a pro rata basis during any such hold-over period. I a i -1- T/.'JP,!AGM8800FZ ( 041/03/90 ) A. All payments and notices to Tenant shall be given or :nailed to : Fedelety Corporation P. 0. Box 11 Tarzana, California 91356 B. All payments and notices to City shall be given or mailed to: City of Moorpark City Manager 799 Moorpark Avenue Moornark , CA 93021 - Notice shall be deemed giver upon receipt by personal delivery or upon the third ( 3rd) day after deposit in the United States mail , certified or registered, return receipt requested, with postage prepaid. 35 . PARTIAL INVALIDITY. If any term, covenant , condition or provision of this Lease is found by a Court of competent ;urisdiction to be invalid, void or unenforceable, the remainder of this Lease shall nonetheless remain in full force and effect to the full extent allowed by law. 36 . PARAGRAPH HEADINGS. Paragraph headings in this Lease are for convenience only and are not intended to be used in interpreting or construing the terms , covenants and conditions of this Lease . 37 . MODIFICATION. This Lease constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements and understandings , oral or written, are hereby merged herein. This Lease may not be modified or amended except in a writing signed by all of the parties hereto. 38 . INTERPRETATION. Should interpretation of this Lease, or any portion thereof , be necessary, it is deemed that this Lease was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Lease or caused it to be prepared. 39 . RIGHT TO TERMINATE LEASE IN WHOLE OR IN PART. Tenant hereby grants to City, and City hereby accepts and reserves the right to terminate this Lease and retake possession of the entire Premises, or any portion thereof, at any time after the original term of this Lease. Tenant further grants to City, and City hereby reserves the right to r,artially terminate this Lease and retake possession of approximately 10 acres running along -10- %AGF;45196 the western boundry of the premises as depicted at Exhibit "B" attached hereto, at any time during he original term of this Lease. City shall exercise these rights by providing tenant with written notice of such termination at least six months prior to the date of any such retaking . In the event City shall retake only a portion of the premises, rentals shall be abated on a per acres basis, any fractional component rounded upward to the next acre. 40 . RIGHT OF FIRST REFUSAL. During the term of this Lease as set forth in Paragraph 2 hereof and during the terms of the first and second automatic renewals of one ( 1) year each as set forth in Paragraph 3 hereof, and provided that Tenant shall not be in default of any provision of this Lease, Tenant shall have the right of first refusal to meet the terms and conditions of any bona Fide offer to lease the Premises upon the ,expiration of the term for the identical use for which Tenant or its subtenant was using the Premises on March 21 , 1990 ; to wit, the farming of row crops. City shall give Tenant written notice of the bona fide offer and such notice shall include the terms ;F�nd conditions of such offer in the form of a written lease agreement ( the "Offered Lease" ) . Tenant shall have twenty ( 20 ) days from the date of receiving the written notice and Offered Lease within which to exercise the right of first refusal by returning a fully executed copy of the Offered Lease to the City and by performing all conditions precedent to the obligations of City thereunder . IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed by their duly authorized representatives as of the date first written above. C VMOORPAPaul Won, Jr . , Mayor ATTEST: Lillian Kellerman, City Clerk City of Moorpark State of Californi BY e ity Clerk O -11- 9, • r R RANCHO SIM1 ra ; 1i PORTION TRACT M !� x rt —� 1-- i7O7/N i A�JJ77/J� r a 943Ac P 05 0 03 oJ (D N i p� st ay O 5BE fQ-,6 Z w Qv J►c � �7.7TS/SIU 58 48- 36 RS 73 Par 1 r 0 7.40 Ac >otY P 3844& `C gg 4 04Ac,. .: . .9e 3n 737!9 M 17l�4 � 73�x ]07 7�l7� McY.iCrs7 M �� 382Ac P •�� ws isr�cr t9ss+ �— l (06) - - - - ( 12 } ( 11 } (OT )