HomeMy WebLinkAboutL-054 Agree Current pdf.pdf =~ So Cal Edison i
` Agreement # L2745
l L-054 Shaver Lake
1 L S A 8 E
2 THIS AGREEMENT, , made and entered into as of the ay
3 of Ld , 19,Lle by and betweeri ASSOCIATED SOU,He=
4 1WES;t COi'iPADY, a corporation, organised under the lams of
3 the State of California, whose address is P.O. Boa .410, Lorq
6 each, CA 90801, hereinafter called the ®Lessor", and the Ctiotw y
7 OF FREWO, whose address is 2220 Tulare Streat, Sth Floor,
I Fresno, CA 93721, hereinafter called the 'Lessee'.
9 WI T V E S 8 ETHs
' I
10 That the Lessor for and in consideration of the faithful j
11 perforsance by the Lessee of the terns, covenants and agreements
12 hereinafter sot forth to be kept and performed by the Lessee does f
13 hereby lease that certain real. property hereinafter described,
I
14 for the: primary tern of twenty five (25) years, cosmencing on the
t; 15 let day of July, 1982, and ending on the 30th day of June, 2007,
16 unless sooner terminated as herein provided, solely for the
i
17 purposes hereinafter specified, upon and subject to the
gs reservations, terns, covenants and conditions Isersinafter set i
19 forth. . II`
. I
20 The real property hereinabove referred to is located in the
i
21 County of Fresno, State of California, and is described as
22 follows, to wits
t
23 SLE rmIBI: °A" A7 ACHED HERETO AfiD 11ADr A PAR? THCRDOF.
24 suaJECT TOs
25 Covenants, conditions, restrictions, reservations,
- I
26 exceptions, rights; -* imbrrnres. lir.pnaes and easements. whether
27 of record or not.
2E 1. Lessee agrees to pay to Lessor for the use of said
29 premises, the sum of Five Hundred Dollars (6500.00) per year on
f 30 or hefore the first day of September.
31 2. Lessor agrees to allow L.esses to con inue on said
92 premises for two additional ten (10) year terms after the primary
l�
1
i tern, under the same terms and conditions. Each tan (10) year
7, tern will be automatic unless tither. lessor or Leases advises tba
other to the contrary by giving.at least a six (6) month written
4 notice prior to the anniversary date of each .tern.
5 3. The lessee agrees to use the above described premises
6 for the construction, operation and maintenance of facilities, as
7 approved by the Board of Supervisors, to serve the Shaver lake
I
g property owners and residents.
9 4. Lessor reserves for itself, its successors mad
i0 assigns, the right to construct, maintain, operate, repair, II+
ii replace and use roads, .towers, electric poly lines, pile lines
i
12 for any purpose, and appurtenant structures on, over, in, through
13 and across said property, together with the right to enter upon
14 said property, or any portion thereof for any or all of the I
i5 above-mentioned purposes, all of which rights may be exercised
16 subject to payment of compensation for damages for destruction of
17 or damage to property belonging to Lessee on the above-descrfbecl
lg land, resulting from the exercise of said rights, or any thereof.
19
5. Lessee shall not assign, sublease or transfer this
20 Lease or any interest thereunder, in whole or in past, without
! the written consent of the Lessor, and any •attempt so to do shall j
21
22 be void and confer no right on any third party. j
23 6. Lessee for, itself, its successors and assigns, hereby
24 agrees to indemnify, hold harmless, save and defend lessor, its
25 officers, agents and employees and its successors and assigns,
26 from and : =aims, liens, loss, damage,
27 actions, causes of action, expense, and/or liability, including
33 but not limited to costs and expenses and attorneys fees arising
29
in any way directly or indirectly out of the uss of the leased
30 property by lessee, its agents, .employeas, licensees or invitees
31 except to the extent much claims, liens, loss, etc. are caussd by
�2 the tortious act or omission of lessor, its agents or employees.
7_ f
ro 1 b
1 7. Lessee agrees* to pay all charges and assessments for
$ or in connection with water, electric current or other utilities
3 which may be furnished to or used upon said premises by Lessee
4 during the continuance of this Lease, and agrees to pay, when
3 due, all taxes and assessments which may be levied upon any crops
6 or property which he may cause to be grown, placed or maintained I
7 upon the said property, and agrees to keep said premises free i
t from all liens and encumbrances by reason of the use or occupancy i
9 of said property by Lessee or any person claiming under Lessee.
10 It is further agreed that in the event Lessee shall fail to pay !
11 the above-mentioned .taxes, assessments, charges or liens when
12 due, Lessor shall have the right to pay the same and charge the i
13 amount thereof to Lessee, who agrees to pay the same upon demand,
114 together with ten percent (101) interest from the data of
13 expenditure by Lessor until paid,
16 B. Lessee further a;reei that it will not erect or place i
17 on said property any fence, building or other structure of any
11 kind, or' sake any alteration, to the surface of the ground or to
19 any existing drainage condition or structure on said land,
i
20 without first securing the written consent of Lessor thereto;
21 that it will not commit any waste or damage, nor suffer any -to be
22 done; that . it will at all times keep said property free from
23 weeds, brush and ell accumulation of inflammable material and
24 growth; that it will keep said premises' clean, free from rubbish
25 and debris; that the use of said property under this Lease shall
I
,,g be subject to and sr 3 t ii -cifere with the construction,
21 operation, presence and/or maintenance by Lessor, its successor&
2S or assigns,. 'of electric pole lines, pipe lines for any purpose,
f - 29 and appurtenant structures, on, over, in, through and across the
30 aforesaid propertyf that it will comply with all the rules,
31 regulations and orders of the .Vtat& and County . Borticultural
.. co$-mis.ioners, or other lawful authority, in regard to
3 I
I eradication, destruction and control of insect and animal pes.to,
2 plant diseases and noxious Creeds upon said property.
� . 9. Lessee shall not install, operate or maintain or
4 cause to permit to be installed, operated or maintained any
S electrically charged fence on the said premises. Should Lessee
desire to install any fence on said premises, he shall obtain the j
7' prior written approval of Lessor thereto.
$ 10. Lessee shall have the right to terminate this lease
r
9
and surrender said premises to Lessor by giving to said Lessor ?
IO one hundred and eighty (180) days previous notice in writingfor i
{
it tha t purpose, .provided, however, the Lessee shall, within said
12 period of time, perform all the obligations of this Lease on his `
1l part to be performed up to the time of such termination.
9 '
11. No termination or cancellation hereof shall release
14
15 Lessee from any liability or obligation which may have attached i
or accrued previous to or which may be accruing at the time of
I6
17 cu ch termination or cancellation. j
I6 12. Upon 'the termination of this lease by the expiration
of the term thereof or otherwise, Lessee, agrees to.peaceably quit
19
and surrender the premises to Lessor and to restore the property
` 20 ,
21 to its original condition unless the parties agree to a purchase
22 by Lessor of any of the improvements.
23
13. If any part of the premises shall be taken for public
{
2-4
or quasi-public use by right of eminent domain, or transferred by
agreement in connection with such public or quasi-public use,
25
with or with-cut or proceeding being
d6
Instituted, the award shall belong to and be paid to Lessor,
2.7
22 except that any portion of the award attributed to improvements
made in or placed upon the leased premises shall go to lessee.
29
14. Any holding over after the expiration of said terms,
3^D -
with the consent of Lessor, shall be construed to be a tenancy
31
ro rod fisarth to month. at a -rental of Party-Two (642.00) Dollars a
Lr- f
,
1 month and shall otherwise ba on the terns and conditioni herein
2 specified to far as applicable.
3 15. The waiver by Lessor of any breach of any tars,
4 ovenant or condition herein contained shall not be deesed to be
S [breach
waiver of such tern, covenant or condition or any subsequent
of the same or any other tern, covenant or condition
herein contained.
lb. This Lease shall be binding upon and inure to the
8 .
9 benefit of the parties hereto and to their respective successors '
1
14 and assigns.
!1 IN WITNESS WHEREOF, the parties hereto have caused this
11
instrument to be executed in duplicate as, of the day tnd year
{ herein first above written.
13
14
IS APPROVED AS TO FOR144 LESSOR r
FLOYD R. B. VIAU, County Counsel ASSOCIATED SOUTHERN
16 INVEST COMANY
s
17rn
WE PRESIDENT
f
16ACCOUNTING t LESSEE�
19N, Auditor-Controller COUNTX OP FRESNO
%Iard"a
20 - a Superv' ors
21
Budget 9171 A71I:S3:
21 Acct. 7340
Fund 2131 f'T:.$,' COL•J_'All, CIE-R of
23 tho Yo=rd of �uperviaors
24
By
I' Deputy
�V
t z7
1 �p
!ra
29
30
j
R
es 0 •
a
EXHIBIT 0A*
L-054
SHAVER LAKE
that certain real property in the County of Fresno, State I
of California, described as followsr
CC01UNITY CENTERe
That portion of the Southeast quarter of Section 35,
Township 9 South, Range 24 East, Mount Diablo Meridian, des-
cribed as follows3
Beginning at a rebar with cap, stamped 'RCE 12769,' set 1
for the Northwest corner of the Southeast quarter of the South-
east quarter of said Section 35, said rebar bears North 89" S5'
35" West a distance of 1316.13 feet from a found one and one-
half inch -iron pipe set at the Northeast corner of said South-
east quarter of the Southeast quarter of Section 35, said rebar
{_ also bears South 89' 55' 35' East, a distance of 1357.96 feet
from a found 4x4 in a rock Found set at the Northwest corner of
the Southwest quarter of the Southeast quarter of said Section
35; thence North 89' 55' 35' West, along the North line of said
Southwest quarter of the Southeast quarter, a distance of
359.68 feet,- thence NORTH, 210e41 feet; thence North 28' 38'
45" West, 162.27 feet; thence North 16' 28' 42" West, 340.10
feet; thence South 85' 42' 58' East 468.73 feet to a point in
the centerline of State Highway 168 as now established; thence
ti along said' centerline the following courses and distances]
South 270 07' 52% East, 150.00 feet,- South 21' 5V 56' East,
80.67 feet; South 13' 41' 44' East, 118.80 feet; South 15' 47'
35" East, 103.30 feet; South 20' 52' 34" East, 116.98 feet;
ti South 15' 26' 47' East, 92.66 feet, to the beginning of a tan- ;
0 7 gent curve in said centerline, concave Northwesterly, and hav-
ing a radius of 126.16 feet; thence Southwesterly along said
curve through a central angle of 80' 16' 404 an are distance of
c 176.76 feet; thence tangent to said curve South 64' 47, S3'
ti k {lest, 100.25 feet, to a point in the Westerly line of said
Southeast quarter of the Southeast quarter of Section 35;
thence leaving said centerline North 01' 21' 07" East, along
said Westerly line, 167,93 feet to said rebar set for the
Northwest corner of said Southeast quarter of , the Southeast
gviarter of Section 35.
EXCEPTING THEREFRUI those portions thereof hereinafter
described and designated as 'PARCEL 1" and 'PARCEL 2' and being
more particularly described as follows:
PARCEL 1 s
I
Beginning at a point in the Northerly line of the asbova
described Community Center, said point being South 85' 42' 58'
East, 205.00 feet, measured sioag said Northerly line from the
Northwesterly corner of.said Community Center,- thence South 04'
i
t
17' 02' West, 120.00 feet; thence South 85' 42' 58" East, 110
feet; thence North 04' 17' 02' East, 120.00 feet to said North
erly line; thence North 85' 42; 58' West, along said Northerly
• line 110.00 feet to said Point of Beginning.
i
PARCEL 2s
Beginning at a point in the Easterly line of the above
described Community Center, said point being South 27' 07' 52"
East, measured along said Easterly line, (said Easterly line
being also the centerline of said State Highway 168) a distance .
of 115.00 feet from the most Northeasterly corner of said
Community Centers thence South 76' 18' 16' West, 130.00 feet;
thence South 13' 41' 44' East, 50.00 feet; thence North 77' 03'
41' East, 140.71 feet to a point in said Easterly lint; thence
North 21' 52' ' 56' West, 18.00 feet and North 27' 0V 52' West,
35.00 feet, along said Easterly line, to said Point of Begin-
ning. -
I
i
i
. I
- i
' I
z" y0.
W;o =L
• � lop w
d 4j %C
o � �► = aw
- �..-•cam V r W IO �R N0
- p
J ems► `
• � o
140
in
z
s� ri
iL
4� ;• � .�C s � lid _�
N �w
e-� Nn1 rrr
o r W Q $uss uo w
"� s to Pow a„o
• ul p 'v
�$ � Z � ' t
Ki ",�• p
O.OZI
u v
o �+
r j°
4Zl
10
tl
MJ'1c �r N d
�V�