DATE: May 17, 2022
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director, Department of Public Works and Planning
Robert W. Bash, Director, Internal Services/Chief Information Officer
SUBJECT: Proposed Repayment Plan for Past Due Rent Owed by Batth Ranch,
Inc.
RECOMMENDED ACTION(S):
TITLE
Consider and take action on the following options related to the past-due rent owed by Batth Ranch, Inc. for the periods of October 1, 2020 through March 31, 2022 ($103,344) for Lease Agreement No. 10-443 for 320 acres of County-owned farmland located on West American Avenue to the east of the American Avenue Landfill:
1. Deny the proposed request from Batth Ranch, Inc., to pay past-due rent in five equal annual installments during 2022 and 2026, pursuant to staff's recommendation; or
2. Approve the proposed request from Batth Ranch, Inc., to pay past-due rent in five equal annual installments during 2022 and 2026; or
a. Direct staff to prepare a First Amendment to the Lease Agreement with Batth Ranch, Inc., with the past-due rent to be paid in five equal annual installments during 2022 and 2026 ($103,344);
b. Authorize the Director of Internal Services/Chief Information Officer, subject to review and approval by County Counsel as to legal form, and the Auditor-Controller/Treasurer-Tax Collector as to accounting form, to approve and execute a First Amendment to the Lease Agreement with Batth Ranch, Inc.; and,
c. Direct staff to include in the proposed First Amendment:
i. (1) an acceleration clause of all past-due amounts, and any then-currently due amounts, immediately payable on the event of any default in any payment under the repayment plan; and; (2) a contractual commitment that Batth Ranch, Inc., will not allow any lien by a third party against any of the crops grown on the County-owned farmland located on West American Avenue to the east of the American Avenue Landfill; and,
ii. The First Amendment must be entered into by the County and Batth Ranch, ...
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