The URL can be used to link to this page

Home My WebLink About05/02/1989, C-5 - LAGUNA LAKE GRAZING LEASE MEETING DATE- city ATE city of San 1U1S OBISpo &f 2 ► 89 COUNCIL AGENDA REPORT Imo"NUMB l FROM: David F. Romero terson Public Works Director City En r SUBJECT: Laguna Lake Grazing Lease CAO Recommendation: By Motion Approve Form of Lease and Authorize Staff to Advertise for Requests for Proposals and Authorize the CAO to Sign Lease with the Presenter of the Best Proposal. BACKGROUND: Since 1973 the City has leased for grazing purposes the 153 acres of park property that it owns lying northeasterly of Laguna Lake Park. The northeasterly limits of this property follows the fence line along the ridge of a low hill behind the Madonna Inn. This lease provides some revenue to the City until the City is ready to integrate this property into its active park development program. More importantly, the active grazing on the property helps to keep the fire hazard under control. Since the lease is due to expire September 1 , 1989 it is appropriate for the City Council to review the form of the lease and direct the staff to readvertise for requests for proposals. This procedure is described in the Property Management Manual adopted by the Council in 1986. Concept and form of lease have been reviewed by Administration, Community Development and Recreation. FISCAL IMPACT: The current lease brings the City a little over $4,000 per year and saves the City the job of fire prevention and control. ALTERNATIVES: Option 1 : The City could proceed as proposed and lease the property. Option 2: The city could choose to leave the property vacant and unused. This would lead to the expense of fire provention to limit the spread of grass fires in the summer and fall. Option 3: The City could choose to begin active development of the Park. This option is unlikely to be done very soon as there are no plans for such and, if leased, the lease can be terminated with 90 days notice by the City. That is enough time to allow any project to proceed in an orderly manner. RECOMMENDATION: Staff recommends that the Council approve the form of the lease and delegate to the CAO the task of reviewing proposals and signing the lease for the City with the presenter of the best proposal. Attachments: Notice to Bidders/Lease/Grazing Lease ran n/wplllease � ^/ CITY OF SAN LUIS OBISPO GSTATE OF CALIFORNIA NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that the City Clerk of the City of San Luis Obispo, State of California, will receive sealed bids at the City Clerk's Office, City Hall, 990 Palm Street on at 3:00 PM, at which time they will be publicly opened and read aloud, for leasing 153 acres of pasture adjacent to Laguna Lake Park. Bids received after said time will not be considered. A copy of the documents may be obtained at the City Clerk's Office. Each bid shall be submitted in a sealed envelope plainly marked: LAGUNA LAKE GRAZING LEASE J L E A S E THIS AGREEMENT, made and executed this day of 1989, by and between the CITY OF SAN LUIS OBISPO, a Municipal Corporation, hereinafter called "City" and hereinafter called "Lessee. " WITNESSETH: The City yhereby leases to Lessee and Lessee hereby hires from City the hereinafter described real property, on the following terms and conditions: 1 . TERM. The lease shall be for a term of five (5) years, from September 1 , 1989, through August 31 , 1994. Approximately 153.3 acres will be available. 2. RENT. The rental shall be ($ ) per acre per month, payable in advance the first of each month, commencing September 1 , 1989, on which date the last month's rent shall also be due and payable in advance. City shall be entitled, from time to time, to withdraw all or any part of the acreage leased on a prorate basis by giving ninety (90) days notice to Lessee of its intention so to do. 3. USE. The hereinafter described real property shall be used by Lessee solely for grazing purposes, except that no sheep shall be pastured on the premises. Calf bulls and a limited number of bulls will be permitted as determined by the City. 4. PUBLIC ACCESS. Lessee agrees that the public shall at (411 times have the right to enter upon the real property described herein. City shall have no l i responsibility to prevent members of the public from damaging Lessee's property, including fences repaired and maintained in accordance with paragraph C.� 7 of this agreement., 5. DESCRIPTION OF PROPERTY. The real property Which is the subject of this lease is described on that certain map entitled "Laguna Grazing Lease, " with a scale of one inch 197.94 feet, showing that the concerned property contains approximately 153.3 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 CITY. 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 CLessee 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 fences along the full exterior boundary of said parcel_ 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 Works 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 Works 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 Works. O i OTHER FENCES. In the event Lessee desires to erect additional fences, then upon the J approval of the Public Works Department, Lessee, at Lessee's sole expense, may install such approved additional fences and, upon termination of this lease, Lessee agrees to remove such fences if the City, at its option, requests Lessee to so remove. 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 such conditions to any such approval as it deems appropriate under the circumstances. 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 ' r; animals to designated portions of the premises if requested to do so by the City. Lessee further agrees to eradicate and control the following weeds on the land: Italian thistle (Corduus pycnocephalus) Purple star thistle (Centaurea calcitrapa) Yellow star thistle (Centaurea solstitialis) Chickweed (Cerastium viscosum) Teasel (Dipsocus fullonum) Cudweed (Gnaphalium chilense, G. luteoalbum) Milk thistle (Silybum marianum) Prickly sow thistle (Sonchus asper) Common sow thistle (Sonchus oleraceus) Spiny clotbur (Xanthium spinosum) Prickly pear (Opuntia ficus-indica) Eradication or control of any other plant species is not allowed without prior written permission of the City.. All eradication or control shall be accomplished by mechanical methods only. No herbicide or pesticide shall be applied to the leasehold property without prior written permission of 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 pounds of dry matter per acre shall remain at the start of the rainy season (November 1 ). 11 . IRRIGATION. Lessee shall not use water from Laguna Lake to irrigate any portion of the leased premises without the prior written approval of the City Council. IN WITNESS WHEREOF, the parties hereto have executed this lease, in duplicate, on the date first above written.. LESSEE: A CITY OF SAN LUIS OBISPO I\ MAYOR ATTEST: CITY CLERK APPROVED: City Administrative Officer City Attorney Finance Director r� Public Works Director n/wplllease by �� IT ,{La�� t 'O\ '� • r-�V r .Y! i 2 -Y#.f 1 `e � 0 Jill ( ' O b b N N 0 �,Mr.V! Y^hi'_ i'( •8F�.jf(•'',N +wwttb• 4i I t � {yl. Pill d v `i• Y, .- Z A l wT. '`•f 2y':'� ��t , �^ ,.n...S/4.;,. - •w� ie i 41 a�'t�� .i .. .��.ti:' ,.. '`i1,� \i .tI•+,wf .'• NT..(,'R1a✓-rta• c................ LLI Im . . .�. - t"ti:;:^>•�' ,ti.i.p�'.ivy '. .�•>:.•� Y1, .. J /%:•� 'iii,': ::!"f1 „i(.;N i u.•-i S i�,i�� (. d •` F�•. •• 7,tII' W is .♦ � yaw I •b � A � •y^ - ' H 'All IC br 441 c is . -'it •: . �f�j� Fes- ;�• j�'RF:�7. �.�i'_ -;n(",'.i,�,.1 � � - •� .y,. \ lw-,fig .: . ' - .. ' . Q•�