HomeMy WebLinkAboutR-4864 Grazing Agreement with Cuesta Valley Properties on Cerro San Luis Open SpaceI_'11
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RESOLUTION NO. 4864 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN
THE CITY AND CUESTA VALLEY PROPERTIES
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Cuesta Valley Properties '- is hereby approved and the Mayor is authorized
to execute the same..
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement approved by it to:
City Finance Director, and.Director of Public Services.
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On motion of Councilman Griffin. -_ _ seconded by Councilwoman Dovey
and on the following roll call vote:
AYES: Councilmembers Griffin, Dovey, Dunin, Settle and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this, 15thday of .June
1982.
i !C. MA OR L IBILLIG
ATTEST:
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CITY CLERK PAMELA S
APPROVED:
City Admfinistrat ve 0 ices'
i y Attorney
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Director of Public Services
F ance Dir or
R 4864 L LA
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EXHIBIT "A" ✓,
FORM OF AGREEMENT
L E A S E
THIS AGREEMENT, made and executed this 15th day of June ,
1982, by and between the CITY OF SAN LUIS OBISPO, a Municipal
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Corporation, herinafter called "City" and Cuesta Valley Properties
hereinafter called "Lessee."
WITNESSETH:
The City hereby leases to Lessee and Lessee hereby hires from the
City the hereinafter described real property, on the following terms and
conditions:
1. TERM.
The lease shall be for a term of eight (8) years, from July 1,
1982, through June 30, 1990. Approximately 43 acres will be available.
2. RENT.
The rental shall be fifty cents per.acre per
month, payable in advance the first of each month, commencing July 1,
1982, on which date the last month's rent shall also be due and payable
in advance. City may withdraw the lease on a thirty (30) days notice in
case of non = payment or non - compliance with the provisions of this lease
or the terms of gift to the city,.
3: USE.
The herein described real property shall be used by Lessee
solely for grazing purposes, except that no sheep or rams shall be
pastured on the premises. Calf bulls and a limited number of bulls will
be permitted.
4. PUBLIC ACCESS.
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Lessee agrees that the public shall at all times have the right
to enter upon the real property described herein.
5. DESCRIPTION OF PROPERTY.
The real property which is the subject of this lease is
described on that certain map entitled "San Luis Mountain Grazing
Lease," with a scale of one. inch = 200 feet, showing that the concerned
property contains approximately 43 acres. A copy of said map is on file
in the Office of the City Clerk and another copy is appended hereto as
Exhibit "A" and by such reference incorporated herein and made a part
hereof as fully as if set forth below.
6. NON- LIABILITY OF LESSOR.
Lessee hereby waives all claims against City for damages to
either persons or property, including injury to animals, Lessee, his
agents, or third persons in or about said premises, from any cause
arising at any time, and Lessee further agrees to indemnify and hold
City harmless from any damages or injuries to any person or property
arising from the use of the premises by Lessee.
7. FENCES.
Lessee agrees to repair and maintain in good condition existing
and new fences along the full exterior boundary of said parcel as
necessary for grazing purposes. Lessee further agrees to furnish the
City with three (3) keys for each lock, for use by the City Police
Department, Fire Department and Public Services Department, to provide
access to the property through a locked twelve (12) foot wide gate.
Lessee further agrees to post the property at intervals approved by the
Public Services Department with signs captioned "Animals Grazing - Enter
at Own Risk." Lessee shall bear all expense of maintaining fencing in
good condition to the satisfaction of the Director of Public Services.
OTHER FENCES.
The Lessee shall be required to erect additional fences along
the exterior boundary of said parcel, as necessary , to completely
enclose the premises for grazing purposes. All additional fences shall
be installed at Lessee's sole expense.
8. ASSIGNMENT OR SUBLETTING.
Lessee agrees that this lease will not be assigned nor the
property subleased without the prior written approval of the City
Council. The City Council may attach any reasonable conditions to any
such approval..
9. WEED ABATEMENT CONTROL
Lessee is aware that one of the considerations of City in
leasing said property is to control growth of vegetation on the
property, thereby reducing fire hazard, and Lessee agrees to use good
grazing practices and to move his animals to designated portions of the
premises if requested to do so by the City. Lessee further agrees to
eradicate and control weeds on the land, especially spiny clot burr,
thistles, hemlock or other type of plant that extends above the normal
growth of the pasture land. In the event Lessee fails to eradicate said
weeds, then upon ten (10) days written notice by the Director of Public
Services, City may eradicate or remove the weeds by contract or with
City forces, and Lessee shall pay all costs thereof within ten (10) days
after receiving notice of such cost from the City.
10. GRAZING CONTROL.
In order to prevent overgrazing, the City may from
time -to -time impose a limit upon the number of animals which may be upon
the premises and Lessee agrees to abide by said limitation. In order to
minimize erosion, a minimum of 1,000 lbs. of dry matter per acre shall
remain at the start of the rainy season (November 1).
11. WATER SUPPLY.
Lessee agrees to maintain at all times an adequate, potable
water supply suitable for grazing needs.
IN WITNESS WHEREOF, the parties hereto have executed this lease, in
duplicate, on the date first above written.
LESSEE:,
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CITY'OF SAN LUIS OBISPO
APP ED:
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Ci Administrative qffice4
City Attorney
Director of Pu lic Services