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Home My WebLink AboutRES 1984-68 - Board 51 RESOLUTION NO* 84 68 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AUTHORIZING THE LEASE OF REAL PROPERTY TO THE TRUCKEE SANITARY DISTRICT WHEREAS, the Truckee Sanitary District has expressed a desire to lease a portion of the Donner View Pump Station for the purpose of installing and maintaining a radio receiver and transmitter station; and WHEREAS, the lease of such space will in no way interfere with the operation of the pump station by the Truckee Donner Public Utility District; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. The President is hereby authorized to execute a lease agreement with the Truckee Sanitary District for a portion of the Donner View Pump Station, AP#44-410-50, for the installation and main- tenance of a radio receiver and transmitter, a copy of which is attached hereto. 2. The lease shall be for ten years unless terminated as provided for therein, and tenant shall have the option to extend such lease for an additional period of ten years. 3. The rent payable shall be ONE AND NO1100 ($1.00) DOLLAR per year.. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on the 5th day of November , 1984, by the following roll call vote: AYES: Cooley, Corbett, Duffy, Hamilton and Maass. NOES: None. ABSENT: None• TRUCKEE DONNER PUBLIC UTILITY DISTRICT By J es A. Maass, President ATTEST: d 0 Susan M. Craig, Deputy Disft'oFict Clerk RADIO RECEIVER AND TRANSMITTER SITE LEASE AGREEMENT THIS AGREEMENT is entered into as of the day of 1984, by and between the Truckee Donner Public Utility District, a Public Agency of the State of California ("Landlord") and the Truckee Sanitary District,, a Public Agency of the State of California ("Tenant") , with respect to the following facts: A. Landlord owns and operates a building known as the Donner View Pump Station (the "Pump Station") located at Assessor' s Parcel Number 44am410- 50 on Ski Slope in the Tahoe Donner Subdivision, Truckee, Nevada County, California. B. Tenant desires to lease from Landlord the following two areas: (1) approximately eight (8) cubic feet of space within the Pump Station and (2) approximately eight (8) square feet on the exterior end of the Pump Station, Tenant desires to install and maintain a radio receiver and transmitter station. The two areas are shown on the diagram attached hereto as Exhibit "A" and shall hereinafter be called the "Premises" . co Landlord desires to lease the Premises to Tenant pursuant to the following provisions and conditions. WHEREFORE, the parties hereto agree as follows.* 1. Leased Premises. Landlord leases to Tenant and Tenant hires from Landlord, on the terms and conditions set forth herein, the Premises as shown on Exhibit "A, attached hereto. Tenant' s right to use the Premises pursuant to the terms of this Lease shall be non-exclusive. Landlord may use the Premises so long as the use of the Premises by Landlord does not interfere in any way with the use of the Premises by Tenant, 2* Term,, The term of this Lease shall be for ten (10) years, commencing on "q 1984, and ending ,do --wow 040&��- inclusive, unless previously on 1 19940, terminated as herein provided. Tenant shall have option to extend this Lease, upon the same terms, for an additional period of ten (10) years, unless terminated as herein provided. Tenant' s option to extend the term of this Lease must be exercised in writing, by personal delivery to Landlord of a notice of intent to exercise the option, no sooner than 180 days prior to the expiration of the original term and no later than 60 days prior to the expiration of the original term,, 3. dRental Payments. Tenant shall pay to Landlord rent of One Dollar ($1. 00) per year, in advance. The first installment of rent shall be due and payable upon the execution of this Lease, and each additional annual rent installment shall be due on the anniversary date of the execution of this Lease, 4. Use of Premises. Tenant shall use the Premises for the purpose of the installation, operation and maintenance of a radio receiver and transmitter station, and for activities necessary and incidental thereto. Tenant may not use or permit the leased Premises to be used or occupied for any other purpose without the prior written consent of Landlord. Agreement Page 2 5. Tenant's Right of Access. Tenant' s employees shall at all times have the right of free and uninterrupted access to the Premises. Tenant shall not interfere in any way with Landlord' s use of the Premises and right of access to the Premises, However, Tenant' s employees shall never leave the Premises unlocked unless Landlord' s employees are on the Premises at the time. 6. Improvements and Alterations. Tenant shall be entitled to make any alterations or improvements to the Premises necessary to the installation, operation and maintenance of a radio receiver and transmitter station, provided that Tenant shall comply with all applicable government regulations, and provided further that any structure placed on the property shall be compatible with existing improvements and shall be consistent with the color scheme and external decor thereof. Prior to any construction of the radio receiver and transmitter station, Tenant shall submit to Landlord for approval, plans and drawings depicting the planned installation, and Tenant shall not proceed with installation until such plans and drawings have been approved by Landlord. 7. Utilities and Other Charges. Tenant shall be liable for the payment of all utility services, of any kind, used by Tenant i.n connection with Tenant' s use of the Premises. Landlord shall determine the amount of electrical usage by Tenant and bill Tenant accordingly. 8. Snow Removal, Landlord shall provide and pay for snow removal at such times as Landlord determines that it is Agreement Page 3 • necessary,, If Tenant determines that snow removal is necessary for Tenant' s use of the Premises and Landlord has not yet provided snow removal, Tenant may, after obtaining oral authorization from Landlord' s General Manager, cause snow to be removed at Tenant' s expense. 9e Insurance. Tenant shall maintain in effect at all times during which it is installing or operating its radio receiver and transmitter station a comprehensive general liability (bodily injury and property damage) insurance policy providing coverage for any damage or injury resulting from acts or omissions of Tenant' s agents, contractors, or employees while on the premises. Said policy shall provide for combined liability limits of not less than $5,000, 000. Prior to the initiation of installation of the radio receiver and transmitter station, Tenant shall provide Landlord with evidence of said insurance coverage. 10. Indemnification. Except for claims arising out of acts caused by the actual negligence of Landlord or its representatives, Tenant shall indemnify, hold harmless and defend the Landlord and the Premises , at Tenant' s expense, against all claims, expenses, and liabilities arising from Tenant' s use of the Premises, or from the use of the Premises by any of Tenant' s agents, contractors or employees. Tenant shall indemnify, hold har less and defend Landlord from any claims, expenses, or liabilities arising from any default by Tenant under the terms of this Lease, 11 * Assignment., This Lease may not be assigned nor the Premises sublet by the Tenant without the prior written consent Agreement Page 4 of the Landlord. Tenant shall not permit any other individual or entity to use or go onto the Premises except as is necessary in connection with Tenant's installation, operation, and maintenance of the radio receiver and transmitter station, 12. Termination. During the initial ten (10) years of this Lease, this Lease may not be terminated without the written consent of Landlord and Tenant After 1994, this Lease may be terminated by either party by written notice, personally delivered to the other party. Termination hereunder shall be effective one (1) year from the date that such notice of termination is personally delivered. Within 90 days from the effective date of the termination of this Lease, Tenant shall remove all structures placed on the Premises by said Tenant, at Tenant' s own expense, and shall leave the Premises in a clean and orderly manner, unobstructed by any debris or materials, 13. Successors and Assigns. Subject to the provision regarding assignment, this Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties, 14* Attorneys Fees, In the event that any dispute or legal action is instituted to interpret or enforce any of the terms of this Lease, the prevailing party shall be entitled to recover its reasonable attorney' s fees in addition to any other relief to which it may be entitled. 15* Time of Essence. Time is of the essence with respect to this Lease and each and every provision hereof. Agreement Page 5 16. Invalidity. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 17* California Law. This Lease shall be governed by and construed pursuant to the laws of the State of California. 18's Liens. Tenant shall keep the Premises free from any a" liens or encumbrances arising out of any work performed by Tenant, materials furnished by Tenant, or obligation incurred by Tenant. 19. Entirety. This Lease (with its Exhibits) contains the entire agreement between the parties with respect to the Premises. This Lease supersedes all prior negotiations, understandings, representations, and agreements. TRUCKEE DONNER TRUCKEE SANITARY DISTRICT PUBLIC UTILITY DISTRICT By: Peter L. HoAmeister By: ane Turner General Manager nterim Manager Agreement Page 6 r r • • • • • v too 1 � • '1 r r•rs� •r r r s�•r w■�.w�w�r �r� w�" � . 4w mmmN2k 4op4m 404M 40� MM • �r Mr.Mw N I • err use r f • EXHIBIT "Ali