HomeMy WebLinkAboutAGENDA REPORT 1991 0306 CC REG ITEM 08I MOORPARK ITEM &.Z.
PAUL W. LAWRASON JR. para" 4 o
STEVEN KUENY
ger
Mayor :SOORPARK. CALIFORNIA f� `�¢ CHCityMERYL JaKANE
BERNARDO M. PEREZ PPV
City Cou cil Meeting ' City Attorney
Mayor Pro Tem
y 1991c ���1�iA PATRICK RICHARDS, A.LC.P.
SCOTT MONTGOMERY of �•
Councilmember ACTION• /,c1, j/, I, e� .>` nDity
of
JOHN E. WOZNIAK oq9 Community Development
Councilmember -. =! 4 - r2r j JOHN F. KNIPE
LILLIAN KELLERMAN
Ara City Engineer
City Clerk 6 �•� JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
MEMORANDUM
TO : The Honorable City Council
FROM : Philip E. Newhouse, Director of Community
Services
DATE : February 26, 1991
SUBJECT : Consider Partial Termination of Arroyo Vista
Community Park Lease with the Fedelety
Corporation
BACKGROUND :
As Council is aware, Arroyo Vista Community Park is leased to
Fedelety Corporation for the growing of lawful agricultural
crops . 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.
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
DISCUSSION :
The initial stages of development of the park site are
progressing, and it would be prudent to exercise partial
termination of the lease agreement with Fedelety Corporation .
Council has authorized a hydrology study of the site to
determine water levels at the site from storms ranging from
10 to 100 years . The information obtained will be the basis
to determine pad grade elevations for the various structures
to be constructed at the park. Because of the length of time
required to retake possession of part or all of the site and
to insure continuity of development, now is the time to begin
the process to retake partial possession of the site .
STAFF RECOMMENDATION:
1 . Approve partial termination of the lease agreement with
the Fedelety Corporation.
2 . Authorize staff to notify the Fedelety Corporation of
Council ' s action.
PEN:db
Attachment
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`''d.r- , • EXHIBIT "A"
LEASE AGREEMENT
PARCELS 560-01-28 and 506-01-64
THIS LEASE AGREEMENT, ( hereinafter "Tease" ) is made
and entered into as of this 1st day of January, 1990 , by and
between, the CITY OF MCORPARH , ( 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 Le..se
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 Pf
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 .
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A. All payments and notices to Tenant snall
be given or mailed to:
7edelety Corporation
P. O. Box 11
Tarzana, California 91356
9. All payments and notices to City shall be
given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark , CA 93021 -
Notice shall be deemed given 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 jurisdiction 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 merced herein. This Lease ma•✓
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 TN PAST .
Tenant hereby grants to City, and City hereby
accepts and reserves the richt to terminate this Lease and
retake possession of the entire Premises, or any portion
I! thereof , at any time after the original term of this
Lease. Tenant further grants to City, and City hereby
reserves the right to ;artially terminate this Lease and
retake possession of approximately 10 acres running along
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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 .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.
9 ?- ) MOORPA • i
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Paul W. awrason , Jr . , Mayor
ATTEST:
Lillian Kellerman, City Clerk
City of Moorpark
State of Californi
By _.' C < -��
ity ClerK
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