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L022 <br /> T2 februe 8 s <br /> is KTON P RT TRI T <br /> - <br /> 1, AN ORDINAN�" Pt VIDING I <br /> R FOR A LEA GREEMENT <br /> e BY AND EEN THE <br /> a TOCKTON h„( DISTRICT,' , <br /> h MUNICIPAL CORPORA- <br /> TION. AND CARGILL. INC., A - <br /> y DELAWARE CORPORATION, ; <br /> r FOR LEASE OF PREMISES <br /> COVERING 367 ACRES Of <br /> PORT-OWNED PROPERTY <br /> WHEREAS. &g.IF Inc.. a '3 <br /> Delaware corporation <br /> 4hersinafler started to as <br /> Cargill"), has occupied <br /> 1.83/acres of land located in ' <br /> the terminal operating area, <br /> south of Dock 10, within Me <br /> boundaries of the Stockton <br /> Port District,a municipal cor- <br /> poration (hereinafter referred <br /> to as "Port"), since April 1. <br /> 1974,as assigned by Califor- <br /> nia Molasses,and <br /> WHEREAS, Cargill did not <br /> exercise its ten 110) year <br /> option to extend the lease and <br /> as such,Me lease expired by <br /> its own terms on April 30. <br /> 1990.and <br /> WHEREAS.Cargill was pro- <br /> vided a two(2)year holdover <br /> pperiod of the premises from <br /> May 1,1990 through April 30. <br /> 1992, to allow Cargill time to <br /> relocate to a new plant site <br /> and to expand operations,and <br /> WHEREAS,the Port.acting <br /> i.;by and through its Board 01 <br /> Port Commissioners,and Car- <br /> pill wish to make and enter <br /> Into a Lease Agreement <br /> !hereinafter reforred to as <br /> 'Lease-'),now therefore <br /> BE IT ORDAINED BY THE <br /> BOARD OF COMMISSIONERS <br /> OF THE STOCKTON PORT <br /> DISTRICT THAT: <br /> The Port and Cargill estab- <br /> lish a Lease for premises cov- <br /> ering 3.67 acres of land <br /> located south of Washington <br /> ' Street,east of Port ROM 21, <br /> and adjacent to PM Ag Prod- <br /> J Mile(formerly Pureprof for a <br /> term of twenty ('?III years, <br /> 'jplus one( I ad <br /> dRchat ten(10) <br /> year option. <br /> The rental rate for the <br /> 1 premises would be$3056.33 <br /> Per month,or$36,700.00 par <br /> year, based on $10,000.00 <br /> per acre per year. Acumen- <br /> ally, all products received at <br /> the premises M excess Of <br /> 25000 metric tons per year <br /> by any made of transportation <br /> other than water. will be <br /> assessed a monthly "Facility <br /> Service Fee" at the rate of <br /> $1.32 per metric ton. The <br /> annual rental rate for the <br /> premises will increase annu- <br /> ally by The Consumer Price <br /> Index.The Facility.Service Fee <br /> will be adjusted annually in <br /> accordance with Port Termi- <br /> nal Tariff#5. <br /> The use of the premises <br /> will be for receiving.handling. <br /> storing, blending and pro- <br /> cess',gg, the distribution and <br /> sale pl molasses, liquid ani- <br /> mal foods,fertilizer,vegetable <br /> oil and other bulk liquids. <br /> The Lease has been <br /> approved as to form by legal <br /> counsel, and a copy of the <br /> document is on file with the <br /> Secretary of Me Pon. <br /> The Port Director is author- <br /> ized.empowered and directed <br /> in Me name of,and as the act <br /> and deed of,the Port to make, <br /> execute and deliver all neces- <br /> sary documents in the accom- <br /> plishment thereof. <br /> This Ordinance shall take <br /> effect.and be in full force and <br /> effect,from and after Its final <br /> adoption <br /> --"CERTIFICATE--- <br /> This is to comity Mal Ord- <br /> nance #165 was passed to <br /> print by the Board of Commis- <br /> sioners of Me Stockton Port I <br /> District on the 3rd da9 of Feb- <br /> ruary 1992. by the following <br /> vote: <br /> Commissioners' In Favor: <br /> BLANCHARD, COALE, HAR- <br /> RELL, SAUNDERS, TOCCOLI, <br /> WALLACE.WINSTEAD <br /> Commissioners Against:None <br /> Commissioners Abstaining: <br /> None <br /> Commissioners Absent.None <br /> Commissioners Excused: <br /> None <br /> Dated this 4th day of Feb- <br /> rusty 1992,in Stockton,Cali- <br /> forma. <br /> YVONNE R.ISMIMOTO <br /> Secrete <br /> STOCKTON PORT DISTRICT <br />