Cities Index.
Attachment 2 - Farmland Lease Agreement (C2017-140-A2)

Manteca City Council
December 5, 2023

Document
Attachment 2 - Farmland Lease Agreement (C2017-140-A2)
Meeting
December 5, 2023
Body
Manteca City Council
Pages
1
Original file
896 KB
Text extracted from the city's file for reading and search. Open the original on manteca-ca.legistar1.com. That file is the official record.

AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT BET\VEEN THE

CITY OF MANTECA AND MIZUNO FARMS
This Amendment No. 2 ("Amendment") to Agreement #C2017-140 ("Agreement") between the City of Manteca and Mizuno Farms, is made and entered into this 7�day of �%AC , 20.22., by and between Mizuno Farms a California corporation ("Consultant") and the City of Manteca, a municipal corporation ("City").

RECITALS
A. WHEREAS, on December 18, 2017, the City of Manteca approved an Agreement with Consultant to lease farmland by the City located at 23000 South Hays Road; B. WHEREAS, per Amendment 1 to the Agreement, the parties agreed to extend the term of the agreement through December 31, 2022; C. WHEREAS, the parties now desire to amend the Agreement in order to extend the Agreement for an additional year as allowed in the Agreement, through December 31, 2023.

D. Except as otherwise provided in this Amendment, the Agreement shall continue in full force and effect.

Now, therefore, the parties agree as follows:

1. The term of the Agreement shall be extended to December 31, 2023.

2. Except as provided in this Amendment 2, all other terms and conditions shall remain in full force and effect.

THIS SPACE INTENTIONALLY LEFT BLANK
ATTACHMENT 2
TO EFFECTUATE THIS AMENDMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.

CITY OF MANTECA: CONSULTANT:

Be;y-imt�--t---- (Type name of Consultant/form of organi=ation/ Mayor
ATTEST: By: � �
casdraCandini-Tilton,
Director of Legislative Services
COUNTERSIGNED:

Interim Director ofHwnan Resources
L. David Nefouse,
City Attorney
By:
�6/1'
(Type name and
.r
title)
,'o//�,<./0. 1
el'b
(Signature)
(Type name and title)
'r('?4G7;' eA- ?.5"3a7'
Telephone: �1)835"- �/5'3/
2 ATTACHMENT 2
AC® CERTIFICATE OF LIABILITY INSURANCE
DATE ` lua'omvY
11/ 24/ 2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy( les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate dose not confer rights to the certificate holder In lieu of such endorsemant( s).

PRODUCER CONT
NAM£: Mindy Bogetti CT
S. J. Frerichs& Son insurance P Ne
E. t, (
209) 835. 1764 a No. ( 209) 835-4514
28 West 101h Street ADDRESS: mindy® frarichsins com
P.O. BOX 110 INSURE S AFFORDING COVERAGE NAICa
Tracy CA 95378 INSURERA: Nationwide Agribusiness 28223
INSURED INSURER B:

Mizuno Farms Inc INSURER C:
29D50 S. Ahem Rd INSURER D:

INSURER I r
Tracy CA 65304. 8870 INSURER F r
COVERAGES CERTIFICATE NUMBER: CL21112403338 REVISION NUMBER:

THIS ISTO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTYVITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT VMTH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR TYPE OFWSURANCE FOUCYNUMBER MMID 7, V LIMITS
COMNERCULL GENERAL LIABILITY EACHOCCURRENCE f 1, 000, 000 CtA1MSMADE ® OCCUR REMISES rtnx f 100. 000
NEDEXP JAny CM WWn s 5, 000
A FPK7801220617 0110112022 0110U2023 PERSONAL f ADV INJURY f 1, 000,000 GENIAGGREGATELIMITAFPLIESPEP; GENERAL AGGREGATE s 2,000,000 o.

POLICY JECT LOC PROOUCTS• CAMPIOPAGO 3 1. 000, 000
OTHER;
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WYAUTO BODILY IWURY War sarun) S
OWNED SCHEDULED OWLY INJURY( Pet awdem) f

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DESCRIPTION OFOPERATiOZWow EL. DISEASE- POULYLJMR f
OE.SCRW= t4oFOPERATtONS) LOCATIONS) VESnCLES( ACORD101, Addttlon&IRmwrksScheWle. maIrDeat1whedtFFMM$ PAZ* knqulred) City of Manteca Is named as addtional insured In respects to location 03. 328 acres 2 miles tUW McMullen and Hays Road, Manteca CA 05338.

See attached All form FL70610

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE TNEREOF, NOTICE WILLBE DELIVERED IN City of Manteca its officers, officials, employees
ACCORDANCE WITH THE POLICY PROVISIONS.
2450 W. Yosemite Avenue

AUTOO OREP SENTATIVE
Manteca CA 65337
t
v
01 R CORPORATION. All rights reserved.

ACORD 25( 2016103) The ACORD name and logo are registered marks of ACORD 3 ATTACHMENT 2
cvzs-i- 14o- Al
AMENDMENT NO. 1 TO THE FARMLAND LEASE
AGREEA[ ENT BETWEEN THE
CITY OF MANTECA AND" AHZUNO FARMS"
This Amendment No. 1 ( Amendment ) to Agreement # C2017- 140 Agreement") between the City of Manteca (" City") and " MIZUNO FARMS," hereinafter referred to as" Lessee," is made and entered into this to day of J" 20QARECITALS A. On December 18, 2017, the City of Manteca approved a Lease Agreement with Lessee to provide farming services for 23000 South Hays Road.

B. The City now desires to amend the Agreement by extending the term of the lease by one year as allowed under the Agreement.

NOW THEREFORE the parties hereby agree as follows:

1. The term of the lease shall be extended by one year to end on December 31, 2022, as allowed under the Agreement, unless otherwise amended by the parties.

2. Except as otherwise provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

THIS SPACE INTENTIONALLY LEFT BL ANK
ATTACHMENT 2
i
TO EFFECTUATE THIS AMENDMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.

CITY OF MANTECA: CONSULTANT:

J--4 C.Z, Mizuno Farms
Benjamin J. Cantu, Type name ofConsultandfonn oforganisation)' Mayor
ATTEST: By:

Signature)
t 1. lUlt a. r r-. r J/T 1. 0
Dli in/ vtis Type name and title)
rjru, Director of Legislative Services
COUNTERSIGNED: By:
51 i Signature)
T" 4 =
ere13,r- t} e" Ae, Type name and title)
tor of Fin ce
CODUNTERSIGNED: Address:
t
TiPs r — 9.. 3a`f
Dawn Cortesi,
Acting Director ofEmployee Services
Engagement Telephone:

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APPROVED AS TO FORM:
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City Attorney
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ATTACHMENT 2
Mizuno Farms, Inc.# FPK 7881220617
FARM
FL 706 10 0101
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED DESIGNATED OPERATION,

LOCATION OR EQUIPMENT COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:

FARM LIABILITY COVERAGE FORM
This endorsement applies only to the person( s) or This insurance, including any duty we have to defend organization( s) Identified on Form 8110( Additional suits", does not apply to" bodily injury"," property Endorsement Information) of this policy. damage" or" personal and advertising injury" that Under Section C. WHO IS AN INSURED, in
arises out of, in whole or In part, or Is a result of, In paragraph 2., each of the following is also an insured: whole or in part, the active or primary negligence of any person or organization designated as an
The persons or organizations shown on Form 8110, additional insured on Form 6110. but only with respect to liability arising out of the
designated operation or location or your use of
equipment shown on Form 8110, subject to the
following additional exclusion:

All terms and conditions of this policy apply unless modified by this endorsement.

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FL 706 10 01 01

Page 1 of 1 ends

ATTACHMENT 2
E

CITY OF MANTECA
23000 SOUTH HAYS ROAD

FARMLAND LEASE AGREEMENT
THIS AGREEMENT entered into this day ofbU4JX - 2017, by and between CITY OF MANTECA, a Municipal Corporation, hereinafter referred to as" Lessor", and MIZUNO FARMS hereinafter referred to as" Lessee".

AGREEMENTTO LEASE: The Lessor hereby leases to Lessee and Lessee leases from Lessor, on the terms and conditions hereinafter set forth, certain parcels of real property situated in San Joaquin County, State of California, being approximately 417 acres(" Property") as shown on Exhibit A.

I
TERM: The term ofthe Lease shall be from December 1, 2017 to December 31, 2021. The Lease may be extended with an additional three( 3) one year terms upon agreement of both the Lessor and Lessee.

USE OF PREMISES: The Property shall only be used for agricultural purposes for growing, cultivating and harvesting of food or fodder crops such as wheat, corn, silage, alfalfa, tomatoes, dry beans, or sweet corn.

FARMABLE PROPERTY: For purposes of the Lease, the" farmable acre" shall mean each acre of the Property capable of being used for farming purposes. Farmable acreage of the 417 acres is considered to be 330 acres. Lessor and Lessee understand that any portion ofthe Property maybe subject to flooding or seepage, which can reduce the farmable acres. Only those acres flooded or saturated from natural occurring events, such as rainfall or high river conditions, shall be deducted from the farmable acres. Therefore, Lessor and Lessee shall reasonably cooperate with the other in order to agree on the total farmable acres that can be farmed during a flood or seepage year. Also, by November 30, 2018, and each year thereafter for the life of the agreement or any extensions, Lessee shall submit to Lessor a statement of the actual number of acres farmed by Lessee during the current calendar year, together with such supporting evidence of such total farmable acreage as Lessor may reasonably request.

RENT: Rent to be paid by Lessee to Lessor for the use of the Property shall be$ 300 per farmable acre and is due by November 30ei of each year. The statement of farmable acres and any supporting evidence shall be submitted with the rent payment each year. 1 ATTACHMENT 2
REPAIRS AND MAINTENANCE: Lessee shall, at his sole cost, keep and maintain the Property, including levees, ditches, fences and all access roads, and every part thereof weed- free, and in good and sanitary order, condition and repair, including damage caused by gophers or other pests. Lessee shall execute any repairs within the timeframe established by Lessor. By entry hereunder, Lessee accepts the Property as being in good and sanitary order, condition and repair and agrees on the last day of said term (or mutually agreed upon extensions), or sooner termination of this Lease, to surrender into Lessor all and singularly said Property with said appurtenances in the same condition as when received, and to remove all of Lessee' s signs, equipment and materials from said Property.

Lessor shall allow Lessee a credit against the rent payments due for any repairs Lessee makes to the river water pumps and underground Irrigation conveyance pipelines in excess of$ 5, 000. 00 cumulative in each calendar year of the Lease. In order for the credit to be allowed the following conditions shall be met; (A) Lessor must have determined with the Lessee that the credited repairs were limited to only those necessary to maintain the system suitable for its Intended use, ( B) All expenditures shall be approved by Lessor prior to repairs. Pump failures requiring replacement, rather than repair, will be the responsibility of the Lessor.

UTILITIES: Lessee shall pay for all water, gas, heat, light, power, telephone service, trash collection and all other services supplied to the said premises.

FERTILIZERS AND PESTICIDES: Lessee shall only use fertilizers and pesticides registered with San Joaquin County for the specific crops grown. Lessee shall use best management practices when applying fertilizers and pesticides to the Property.

ANNUAL REPORTING REQUIREMENTS: Lessee is required to submit to Lessor an annual report on crops planted and harvested; and quantities of fertilizers applied, due by November 30' h
of
each year.

INSURANCE: Exhibit 1 to this Agreement contains insurance requirements for Lessees. Lessee, at Lessee' s own cost and expense, shall procure and maintain, for the duration of the Agreement, insurance coverage as specified in Exhibit 1.

TAXES: Except as specifically provided elsewhere in the Agreement, Lessee shall pay all taxes assessed upon personal property of Lessee. Notice is hereby given that pursuant to Revenue and Taxation Code Section 107. 6 that the property interested created herein may be subject to property taxation. Lessee may be subject to the payment of property taxes levied in the 2 ATTACHMENT 2
i
PROPERTY- RELATED ASSESSMENTS: ASSESS Lessor is responsible to PYa assessments levied by Reclamation District 2094 for river levee maintenance and assessments levied by the San Joaquin County Delta Water Quality Coalition for water quality monitoring.

USES PROHIBITED: Lessee shall not use, or permit said premises, or any part thereof, to be used for any purpose or purposes other than the purpose or purposes for which said premises are hereby leased; and no use shall be made or permitted to be made of said premises, nor acts which. will increase the existing rate of insurance upon the demised premises to cause a cancellation of any insurance, nor shall Lessee sell, or permit to be kept, used or sold, in or about said premises any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not dump, store, or place any type of housing or structure intended for habitation on the property. Lessee shall, at his sole cost and expense, comply with any and all requirements, pertaining to said premises, or any insurance organization or company, necessary for the maintenance of reasonable public liability insurance, covering said premises.

ABANDONMENT: Lessee shall not vacate or abandon the premises at anytime during the term, or any agreed upon extension; and if lessee shall abandon, vacate or surrender said premises or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee and left on the premises shall be deemed to be abandoned.

FEE FROM LIENS: Lessee shall keep the leased premised and the property in which the leased premises are situated, free from any liens arising out of any work performed, materials furnished, or obligations Incurred by Lessee.

COMPLIANCE WITH GOVERNMENTAL REGULATIONS: Lessee shall, at his sole cost and expense, comply with all of the requirements of all municipal, county, state, and federal authorities now in force, or which may hereafter be in force, pertaining to the said premises. Lessee shall faithfully observe in the use of the premises all municipal and county ordinances and state and federal statutes now In force and which may hereafter be In force and shall do no act which would result in a violation.

INSOVENCY OR BANKRUPTCY: Either( a) the appointment of a receiver to take possession of all or substantially all of the assets of Lessee, or( b) a general assignment by Lessee for the benefit of creditors, or( c) any action taken or suffered by Lessee under an insolvency or bankruptcy act shall constitute a breach of the Lease by Lessee. Upon the happening of any such event, this Lease shall terminate ten ( 10) days after written notice of termination from Lessor to Lessee. 3 I
ATTACHMENT 2
SURRENDER OF LEASE: The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Lessor, terminate all or any existing subleases or sub tenancies, or may, at the option of the Lessor, operate as an assignment to him of any or all such subleases or sub tenancies.

INDEMNITY: Lessee agrees to defend, indemnify and hold harmless Lessor, Its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect( including any and all costs and expenses in connection therein), arising out of and to the extent caused by the Lessee' s negligent acts, errors, or omissions in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out ofthe sole negligence or misconduct of the Lessor, its officers, officials, agents, employee or volunteers.

POSSESSION: If Lessor, for any reason whatsoever, cannot deliver possession of said Property to Lessee at the commencement ofthe said term, as herein specified, the Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, but in that event there shall be a proportiunate deduction of rent covering the period between the commencement ofthe said term and the time when Lessor can deliver possession.

RELATIONSHIP BETWEEN PARTIES: By virtue ofthis Lease, there is being created only the relationship of landlord and tenant, and under no circumstances shall Lessor be deemed to be a partner of Lessee or joint adventurer with Lessee in the operation of the Property. All costs and expenses necessary for Lessee' s farming operation shall be paid for by Lessee, and Lessor shall not be responsible for any costs and expenses.

DEFAULT: In the event of any breach of the Lease by Lessee, then Lessor besides other rights or remedies he may have, shall have the immediate right of re-entry and remove all persons and property from the premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of, Lessee. Should Lessor elect to re- enter, as herein provided, or should he take possession pursuant to legal proceedings or pursuant to any notice provided by law, he may either terminate the Lease or he may from time to time without terminating this Lease, re-let said premises or any part thereoffor such a tem or terms( which may be for a term extending beyond the term of this lease) and at such rental of rentals and upon such other terms and conditions as Lessor in his sole discretion may deem advisable with the right to make alterations and repairs to said premises; upon each such re-letting( a) Lessee shall be immediately liable to pay to Lessor, in addition to any indebtedness other than rent due hereunder. the cost and exoenses of such alterations and repairs. incurred by Lessor. and 4 ATTACHMENT 2
the amount, if any, by which the rent reserved in this Lease for a period of such re-letting; or( b) at the option of Lessor rents received by such Lessor from such re-letting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder for Lessee to Lessor, second, to the payment of any costs and expenses of such re- letting and of such alterations and repairs; third, to the payment of rent due and unpaid hereunder and the residue, If any, shall be held by Lessor and applied In payment offuture rent as the same may become due and payable hereunder. If Lessee has been credited with any rent to be received by such re- letting under option( a), and such rent shall not be promptly paid to Lessor by the new tenant, or is such rentals, received from such re- letting under option( b) during any month be less than that to be paid during that month by Lessee hereunder, Lessee shall pay any such deficiency to Lessor. Such deficiency shall be calculated and paid monthly. No such re- entry or taking possession of said premises by Lessor shall be construed as an election on his part to terminate this Lease unless a written notice of such Intention be given to Lessee or unless the termination thereof be decreed by a court of competent jurisdiction.

Notwithstanding any such re-letting without termination, Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should Lessor at any time terminate this Lease for any breach, in addition to any other remedy be may have, he may recover from Lessee any damages he may incur by reason of such breach, including the cost of recovering the premises, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder ofthe stated term over the then reasonable rental value of the premises for the remainder of the stated term, all of which amounts shall be Immediately due and payable for Lessee to Lessor.

ARBITRATION: In the event of any dispute between Lessor and Lessee relative to the provisions of this Lease, they shall each select an arbitrator, the two arbitrators so selected shall select a third arbitrator and the three arbitrators so selected shall hear and determine the controversy and their decision thereon shall be final and binding upon both Lessor and Lessee, who shall bear the cost of such arbitration equally between them.

PARAGRAPH CAPTIONS: The paragraph captions of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease.

WAIVER: The waiver by Lessor of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition of any subsequent breach of the same or any other term, covenant, or condition therein contained.

The subsequent ACEPTANCE OF RENT HEREUNDER BY Lessor shall not be deemed to be a 5 ATTACHMENT 2
r
waiver of any preceding breach by Lessee of any term, covenant, or condition ofthis Lease other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor' s knowledge of such preceding breach at the time of acceptance of such rent.

ENTRY BY LESSOR: lessee shall permit Lessor and his agents to enter into and upon said premises at all times for the purpose of inspecting the same, or for the purpose of monitoring, Installing monitoring facilities, making repairs, or alterations, or for the purpose of posting notices of responsibility for alterations, additions, or repairs, without any rebate or rent and without any liability to Lessee for any loss of occupation or quiet enjoyment of the premises thereby occasioned; and shall permit Lessor and his' agents, at anytime within thirty( 30) days prior to the expiration of this Lease, or any extensions mutually agreed upon, to place upon said premises any usual or ordinary" to Lease" signs and exhibit the premises to prospective tenants at reasonable hours.

WASTE AND ALTERATIONS: LESSEE shall not commit, of suffer to be committed, any waste upon said premises, or any nuisance, and Lessee will use all reasonable means to keep the premises free from all noxious weeds, squirrels, gophers, and other pests. Lessee shall not make, or suffer to be made, any alterations on said premises, or any part thereof, without the written consent of lessor first had and obtained, anc.any additions of,or alterations of the said premises, shall become at once a part of realty and belong to Lessor.

ASSIGNMENT AND SUBLETTING: Lessee shall not assign this Lease, or any interest therein and shall not sublet the said premises of any part thereof or any right or privilege appurtenant thereto, or suffer any other person ( the agents and servants of Lessee excepted) to occupy or use the said premises or any portion thereof, without a written consent of Lessor first had and' obtained, and a consent to one assignment, subletting, occupation or use by any other person, shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Any such assignment or subletting without such consent shall be void, and shall, at the option of the Lessor, terminate this Lease. This Lease shall not, nor shall any Interest therein, be assignable, as to the interest of lessee, by operation of law, without the written consent of Lessor.

ATTORNEYS FEES: Any action which shall be brought by Lessor for the recovery of any rent due under the terms ofthis Lease or by either the Lessor or Lessee for the breach or enforcement of any of the conditions, covenants, or agreements herein set forth on the part of Lessor or Lessee to be kept and performed, or for the recovery of said premises, the party losing the action agrees to pay to the prevailing party, on demand, a reasonable attorney' s fee as fixed by the Court, and further agrees that the said attorney' s fees shall become a part of the judgement of the prevailing party in such action.
6 ATTACHMENT 2
SUCCESSORS: The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder.

NOTICE: All notices to be given to either party shall be given in writing personally or by depositing the same in the United States mail, postage prepaid, and address to the other party at the following addresses:

Lessor: City of Manteca Lessee: Mizuno Farms
Public Works Dept. Clark J Mizuno
1001 W Center Street 29050 S Ahern Road
Manteca, CA 95337 Tracy, CA 95304
Notices will be deemed to have been received within twenty-four( 24) hours after deposit of the aforesaid mail in the United States Post Office.

TERMINATION OF LEASE:

A. By Lessee.

Lessee shall be permitted to terminate this Lease at Its option in the event governmental laws, rules, or regulations, including, but not limited to, those promulgated by the California Department of Health Services, prohibit the growing of any crop on the premises. In the event Lessee terminates this Lease as provided above, rent shall be prorated to the date to termination. Lessee shall also be permitted to terminate this Lease for any reason whatever if written notice Is given to Lessor six( 6) months prior to the end of any individual year covered under this lease. Lessee shall be responsible for all rents due for the entire calendar year in which such notice is given.

B. By Lessor.

Lessor may terminate this lease if it determines, in its sole discretion, that the demised premises or portion thereof are necessary for any City function or purpose approved by City Council. In such cases, the Lessor shall give to the Lessee three ( 3) months written notice thereof, and rent shall be prorated.
7 i
ATTACHMENT 2
LESSOR: CITY OF MANTECA LESSEE: MIZUNO FARMS
BY:

Stephen F. DeBrum, Mayor
ATTEST: BY:

Lisa Blackmon, City Clerk
APPROVED AS F M: ADDRESS:

Jo n D BrintOn, City tsorney
Phone No:
8 ATTACHMENT 2

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