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Home My WebLink AboutF2-B-70 CHEVRON USA INC.pdfFl-B-70 nDS LEASE, dated the 1st day of April, 1998. by and between CHEVRON U.S.A INC., a corporation, bereinafler termed Lessor. and COUNTY OF FRESNO, hereinafter termed Lessee, WITNESSETH: Lessor does hereby lease unto Lessee !.he surface rights only to that certain land situate in the County of Fresno, Stare of California, and described' as follows let-\\il: Those portions of Section 9. Township 21 South. Range 1.5 East, MOM, County of Fresno. Slate of Califarni~ de&...-ribed·as follov.--s: PARCEL 1: W/2 SW/4 PARCEL 2: SW/4NW/4 PARCEL 3: Commencing at lhe Southeast comer of said Parcell. thence Nonh along the east line of said Parcel 1 a distance of 800.0 feet to the True Point of Beginning: thence East a distance of 335.0 feet; thence North a distance of 450.0 feet; thence West a distance of 185 feet; thence North a distance of 1250 feet; theDI% West a distance of ISO.O feet more or less to the east line of said Parcel 1; thence South along said east line a di.stanc:e of 2500.0 feet more or Jess to the true point of beginning. Containing 127.76.5 acres more or less UPON and subject to tlle following provisions, the obligations of Lessee set forth below to be deemed both covenants and conditions: I. Said land shall be used exclusively for a refuse disposal site, and any buildings, structurc:s, or appurtenances required by Lessee are to be constructed. equipped, maintained, and operated by Lessee at Lessee's sole cost and expense. 2. This lease shall be for the term of one month .liom the 1st day of April, 1998, to the 30th day of April 1998, and thereafter until terminated. This lease may be terminated on or after the da:ie last mentioDcd by either party giving the other not less than 30 days prior written notice specif}ing the date of termination: 3. L.essee slmll pay L~r as rent!:~ I hereu....nder the sum of Two Hund.t'l:d Do!.la.rs {$200.00} per IDOillh. commencing on the 1st day of April. 1998, and payable monthly in advance on the first day of each month.. 4. Lessee shall not sell or otherwise dispose of any building or other structure now or hereafter locafed upon said land or sell or assign thls lease, or any part thereof: or interest therein. or sublet or underlet said land, in 1 { '~ . ~- -----~---··------··------ whole or in part. or become associated with any other person. directly or indirectly, as partner or Olbenrise, in regard to Lcsscc's interest in, to or under this lease. or permit anyone to occupy said land or any pan thereof in place and stead of Less=. or occupy said land or anr part thereof as trustee of an express or implied trust for any person whomsoever, without the prior wriuen consent of Lessor; no written consent by Lessor hereunder shali be deemed a wah~er by Lessor of any of the prmisions hereof. except to the extenl of such consent Any of the foregoing occurring by operation of law, by any process or proceeding of any COUJt, or by attachment, e:<c:cution, procc:cdings in insolvency or bankruptcy, whether voluntary or involuntary, or receivership or reorganization or composition proc:cedings, ·also shall constitute a breach of the covenanr against the assignment of Lessee's rights hereunder. S. Lessee, at Lessee's own cost and expense, sball at all times keep said land and all buildings and structures (including sidewalks) now or hereafter cn:ctcd or placed thereon, in good order and repair, in a near. safe. sanitaJy condition, free from waste or damage, in a manocr satisfiicJ.ory to Lessor, and in strict conformity witll all federal, state, county and municipal laws, rules. ordinaras, and regulations applicable thereto, and Lessee shall not permit said land to be used for any unlawful or immoral purpose. 6. Lessee shall pay for all materials joined or afftxed to said land. for aU labor performed thereon. and for all taxes, charges. rates and assessments levied or assessed upon or against any buildings, structurc:s or other property or improvements upon said land. or that portion of any tax. charge. rate or assessment levied or assessed upon or agai~ said Janel which is based upon the value of ~4 bnildiogs. struCtures or ower propeny ·or imp~u>'ements IJ:.oeroon. Lessee Lhall ooi permii or suffer any lien of any kind or naru..re to be imposed or enforced against said land for any work done or material furnished lhcreon at Lessee's instance or tequest. Lessor may, at its election, pay md discharge any or all such liens, la."Ccs, charges. rates and assessmentS. and all such payments .so .made by Lessor. with interest thereon at the rate of ten percent (I 00/o) per annum from date of payment.;· shall be repaid to Lessor by Lessee upon demand. and until so repaid. shall be a charge and lien against any buildings, structures or other property upon said land. 7. Should Lessee in any manner fail to perform any of the prol.!!iscs or cm-enants berei.'l set forth to be periormed by l...cssee, or fail to comply with any of the terms or conditions herein set forth, Lessor may, at its option. either terminate _this lease and recover from Lessee any damages caused by the b:reach hereof by Lessee, or · Lessor may re-let the premises (mclud.ing any buildings or other improvements or property of Lessee thereon), or any part thereof, for all or any part of the remainder of said term to a tenant, or tenants, satisfactory to it and Lessee shall pay, on demand, lo Lessor the difference between the rent payable hereunder for lhe remainder of said term and lhc rent for which Lessor shall re-let the premises, or any part thereof, du...:wg the rerrlllffi..:!er of said term. and all expenses incurred by Lessor in connection with such re-letling, and Lessor may bring suit or suits for the collection thereof at any time prior to the expiration of the tcnn hereof. No rc-enby of said land by Lessor. as herein provided. shall be construed. as an election on its part to rerminate lhis lease unless written notice to that effect is delivered to Lessee or mailed to Lessee as provided for herein, and all rcmcdics herein expressly given to Lessor shall be cumulative to each other and to any other legal or equitable remedy which Lessor might otherwise have in the event of a breach hereof by Lessee. and the exercise of one right or remedy by Lessor shall not in any wise impair its right to any other remedy until all obligatioll5 hcrcin imposed on Lessee have been fully performed. 8. The vraiver by Lessor of any bfei!Ch of any covenant or promise to be kept or performed by l..(:ssce shan not be construed ro be a waiver of a subsequent breach of lhc same covenant or promise or a waiver of the breach of any other covenant or promise of this lease. Lessee shall be granted identical rights uodcr this clause. 9. If Lessor shall bring any action at law or other proceedings against Lessee to enforce the payment of any rent due, or to enfon:e &ny of ihe ienllS or conditions hereof;. or to recover possession of said premises. Lessee shall pay to Lessor all reasonable attorneys• fees expended Oi incurred by it. in any such action or proceeding. the aniount of such fees to be determined by the Court and to be included in any judgment recovered in any such action or proceeding. Lc:ssee shall be granted identical rights under this clause. 10. Upon lbc termination of this lease Lessee shall surrender and deliver unto Lessor the quiet and .. -------------------------------~----------------- --------~---- peaceful possession of said land in good order. repair and condition. R35003ble wear lhereof alone cxcepiCd; ptovidcd, Lessee may, if not in default hereunder and shall on the request of Lessor (regardless of default), within thirty (30) ru.ys a.fler such termination. remove any buildings. structun:s or other property placed upon said iand by or on behalf of l...essee, and shall promptly repair all damage caused lhc~·. AJry building. structmc or other property on said land at the end of such thirty. (30) day period shall thereupon become the property or Lessor. II. Lessor reserves all rights of way through. over, upon and across said land and C:VCJY part thcrcoffor roads, power. telephone and lelegraph lines, pipe Unes and ocher ~J'DCIIIS, wbethcr similar to lhose herein enumerated or not. together with tbc right to conduct geophysical or other exploralory operations. incJuding tbe drilling and usc of test holes for such purposes, and to develop, drill aud operate said land or any pan thereof for oil, petroleum, gas. water or any other substances, whether similar to those herein enumcraled or DOl. and at aay and all times to occupy such pan or said land as it may deem necessuy or c:oaveoienl Cor laDkage. sump holes, structun:s., faciUlics and equipment in connection with drilling, developing, producing or Olhcr opcratioDS on said or other lands. Each and all of the rights hereby reserved shall inure to lhc bcndit of Lessor and irs afliliates (as used in this paragraph and in paragraphs 12. and 13 bcreof. •affiliates• means Cbe\lron Corporation and any company in which Chevron Corpoial.ion now or hereafter owns,; din:aly or iDdirecdy, at least fifty percent of the shares of stock entitled to vote at a general election for dircclors) aud their pcrmiiCCs. 12. Lessee agrees to indemnify and hold Lessor and irs affiliates and lheir respective officers. directors, cmp~oyecs, suCQ?SSOrs. ~~ ~igns, and ~eh ~f ~. ~~ .Wm ~ ~-aU IQSSCS. expenses. claims and de.•na:1ds for injUI)' tc cr death of pea-sons. or dalwige to or loss of property arising out of or ccnncc:tcd with lhC usc of said land, excepting such losses. expenses. claims and demands for injuey ao or dcalh of person or damage to or loss of property caused by Lessor and its amJiatcs. and lheir respecti\-c successors and assigns, in lhe cxcrci5c of .. the rights reserved in Parasraph II -bcreof. · 13. Lessee shall scc:wc and maintain at its own expense during the 1erm oflhis lease liability insurance, in respect of said land and all activities on ·or about or in conncctio~ with said laod, of the types 3ad in the minimum amounts described generally as follows: Premises-Operations, Bodily l.qjwy and Property Damage Liability Insurance wilh the explosion. collapse and UDderground exclusions deleted. with a limit of liability of S 1,000,000 per occurrence. -Such insurance sbaD be endorsed to name Lessor, its affiliates, officers, din:dors, employees, sua:cssors and assigns, and each of tbcm. as additional insured. Lessee, prior to occupancy. shall furnish a Certificate of Insurance of the foregoing items and such certificate shall requi1e thiny (30) ~ written notice or c:anc:cDation or reduction in coveiage. Lessee may be sell illsured a.IJd provide proof of same tc Lessor in lieu of providing evidence of the foregoing insurance. 14. Any controversy or claim arising out of or relating to this Agreement whicb c:annol be amicably -settled without cawt action sball be litigated. if at all. either in a Slate court fm: Fresno Counry, California, or in the U.S. District Court for the Eastern District of California. The rights and Dbligatioos of the parties and all inte~pretatioos and pcdormana: of this Agreement sbaU be governed in all ICSpCCtS by tbc Jaws of the State of California 15. All rentals pa)-able hereunder and any and an wriuen notices to be given by Lessee to Lessor hen:undcr shall. as the case may be, be paid or given to Chevron U.S.A. Inc. P. 0. Box 1392 Bakersfield, CA 93302 Attention: Manager, California Division Land 16. Any and all written notices to be given by Lessor to Lcsscc hcrcUDdcr shall be~ to Lessee at Public Works 4 Development Services Department 2220 Tulare Stn:ct, 6rll Floor Frcsao, Ca. 93721 3 t --;i-~ unless and until Lessee directs otherwise in \\Tiling. The deposit of any SU<:h notice so addressed in a United States Post Office Box, postage fully prepaid. for delivery by registered mail shall constitulc due and adequate service of such notice. . 17. The covenants and conditions of this lease shall, subject to the pro\isions of paragraph 4 as to assignment, inure to the benefit or and be binding upon the heirs, executors, administrators, successors and assigns of the pa_rties hereto, as !he case may be. 18. This lease is subject to aU 'riilid and existing licenses, leases. grants, exceptions, and reservations affecting said land. IN WITNESS WHEREOF. the parties hereto have executed these presents. CHEVRON U.S.A. INC. By~ ; ·~ sco;.a;y .COUNTY OF FRESNO APPROVED AS TO LEGAL FORM: ;; >}(~t!JI'f,t/...,.~ COUNTY COUNSEL APPROVED AS TO ACCOUNI'ING FORM: 8),~~ Oft.COtiTROLJ.eEASURER-TAX CO!!EGTOR J$1/J cjo-z-f A-a.--1-73 y't1