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HomeMy WebLinkAboutReso 98-112 - Approve & Authorize the Mayor to sign a lease agreement for the Lease of stairs & walkway bridge to the 2nd flr of the Downtown mall entered between the COR and Redding Redevelopment Agency as Lessor & Parlay Investments, Inc as Lessee � � RESOLUTION NO. 98-1�� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LEASE AGREEMENT FOR THE LEASE OF THE STAIRS AND WALKWAY BRIDGE TO THE SECOND FLOOR OF THE DOWNTOWN MALL ENTERED INTO BETWEEN THE CITY OF REDDING AND THE REDDING REDEVELOPMENT AGENCY AS LESSOR AND PARLAY INVESTMENTS, INC. AS LESSEE. BE IT RESOLVED that the City Council of the City of Redding approves entering into the attached Lease Agreement between the City of Redding and the Redding Redevelopment Agency as Lessor and Parlay Investments, Inc. as Lessee for the lease of the stairs and walkway bridge to the second floor of the Downtown Mall through May 31, 2002. BE IT FURTHER RESOLVED that the Mayor is authorized to sign the Lease Agreement on behalf of the City, and the Clerk is directed to attest his signature and affix the seal of the City of Redding. I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a special meeting of the City Council on the 4`" day of August 1998, by the following vote: AYES: COUNCIL MEMBERS: Cibula, Kight, McGeorge and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Anderson ABSTAIN: COUNCIL MEMBERS: None `� " David A. oe, Mayor ATTEST: FORM APPROVED: A � .' ,..e' �., . . �� ���� � �� / ,. � Conr_ie Strohmayer, City C�e W. Leonard Wingate, y Attorney ,� � �A, lv ,. , � • LEASE AGREEMENT THIS LEASE AGREEMENT is by and between the CITY OF REDDING, a Municipal Corparatio�t of the State of California and general law city, and the REDDING REDEVELOPMENT AGENCY; an agency of the State of California, hereinafter collectively referred to as "LESSOR", and PARLAY INVESTMENTS, Ii�1C., a California Corporation, hereinafter referred to as "LESSEE": RECITALS This Lease Agreement is made with reference to the following facts and objectives: A. LESSOR owns certain Premises with appurtenances located in the Downtown Redding Mall, in Redding, California, County of Shasta, State of California,generally described as a stairway and walkway bridge structure as described in Exhibit A and depicted on Exhibit B attached hereto and incorporated by reference herein. B. LESSEE wishes to lease the Premises for the purpose of providing access to the public from the ground floor of the Downtown Redding Mall to the second floor of the Parlay Building, owned by LESSEE. C. It has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act (CEQA). AGREEMENT 1. RECOGNITION. LESSEE agrees to recognize both the CITY OF REDDING and the REDDING REDEVELOPMENT AGENCY as its LESSOR herein, and recognizes that both entities may, from time to time, have parallel or overlapping interests in the real property which is the subject of this Lease Agreement. 2. PREMISES. LESSOR leases to LESSEE and LESSEE leases from LESSOR on the terms and conditions hereinafter set forth, those certain Premises with appurtenances located in the Downtown Redding Mall, City of Redding, Shasta County, California described in Exhibit A and depicted in Exhibit B ("Premises"). 3. TERM. The term of this Lease Agreement shall be for a period commencing July 8, 1998, and expiring May 31, 2002. 4. RENT. LESSEE shall pay to LESSOR as rent for the Premises, without deduction, setoff, prior notice or demand, the following amounts per year, in advance, on the first day of each year or partial year during the term of this Lease Agreement. During the first three years, the sum of Three Hundred Sixty Dollars ($360.00). During the final partial year, the sum of Three Hundred Thirty Dollars ($330.00). 5. USE OF PREMISES. The Premises are not leased exclusively for the use and benefit of LESSEE, and shall retain their character as a public way in a public area in conjunction with the uses hereinafter granted LESSEE, which uses by LESSEE shall at no time be permitted to obstruct or impede the public uses for which the area was designed. The leased Premises will provide access from the floor of the Downtown Redding Mall to the second floor of premises owned by LESSEE by way of a pedestrian bridge. Said Premises also constitute an area used by the general public as a rest or viewing area elevated above the floor and connected to the second-story , � � � Lease Agreement- Cify/RRA/Parlay Investments, Inc. Page 2 premises of LESSEE. It is specifically understood that the (eased Premises end at the property line of LESSEE at its real property houndary common to the real property of LESSOR. LESSEE shall be required to install and to at all times maintain a lockable gate upon the walkway or bridge which serves the second tloor of LESSEE's premises above the Downtown Redding Mall floor at approximately the boundary line between the property of LESSOR and of LESSEE. LESSEE shall operate or cause to be operated, through itself or its agent or sublessee, a restaurant, retail commercial establishment or office establishment on the second floor of LESSEE's property adjacent to the subject Premises. The use by LESSEE of the leased Premises shall be limited to the following: a. Access to and from the businesses or offices from the Mall; and b. Use of the rest or viewing platform by customers of LESSEE, which shall include the right to hold sidewalk sales in conjunction with Downtown Redding Mall activities or other retail purposes outside the confines of LESSEE's premises in conjunction with and in concert with other powntown Redding Mall activities and, iurther, the ability to consume food and beverages if LESSEE's business is a restaurant. LESSEE shall not serve food in the leased Premises through its employees or agents,but LESSEEs customers shall be permitted to consume food and beverages on the viewing platform along with other members of the public. As a material consideration for this Lease Agreement, LESSEE shall at all times, at its own expense, maintain the entire leased Premises free from debris, including papers, cartons, discarded food, bottles, cans, and other refuse. The duties of LESSEE in this regard shall include removal of all such refuse in the area of the Downtown Redding Mall immediately below the entire lease Premises. Such cleaning shall be performed at such times as are necessary to maintain the Premises in a neat and attractive manner. LESSEE shall not use or permit the Premises or any part thereof to be used for any purpose or purposes other than those provided for hereinabove. 6. CONDITION, MAINTENANCE AND ALTERATIONS. LESSEE has inspected the Premises and accepts it in its current condition. LESSEE, at LESSEE's sole cost and expense, shall maintain the Premises in good and sanitary order, condition, and repair. LESSOR shall not have any responsibility to maintain the Premises. LESSEE shall not make or suffer to be made any alterations of the Premises or any part thereof without the written consent of LESSOR first had and obtained. Any alterations of said Premises, except moveable furniture, shall become at once a part of the realty and belong to LESSOR. LESSEE shall keep the demised Premises and the property upon which the demised Premises are situate free from any liens arising out of any work performed, material furnished, or obligations incurred by LESSEE. 7. UTILITIES. It is not anticipated that LESSEE shall maintain or provide any utilities upon the leased Premises, nor shall LESSOR be required to provide such utilities, other than the ordinary lighting presently provided in the Downtown Redding Mall. No utilities shall be installed by LESSEE without the previous written consent of LESSOR and, should such utilities be provided by LESSEE upon LESSOR's . , � � Lease Agreement- City/RRA/Parlay investments, lnc. Page 3 consent, then such utilities shall be operated and maintained at the sole cost and expense of LESSEE. 8. TAXES. LESSEE shall promptly pay before delinquency any taxes and/or special assessments assessed against the Premises and existing improvements and/or LESSEE's personal property, and any possessory interest tax levied by reason of LESSEE's use of the Premises. On demand from LESSOR, LESSEE shall furnish LESSOR with satisfactory evidence of these payments. 9. COMPLIANCE WITH LAWS. LESSEE shall comply with all statutes, laws, ordinances, regulations, orders, and judgments of any federal, state or local governmental or judicial entity now in force or which may hereafter be in force concerning the Premises or LESSEE's use of the Premises, including, without limitation, the obligation at LESSEE's cost to alter, maintain, or restore the Premises, or construct improvements to the Premises, in compliance and conformity with all laws and government requirements relating to the condition or use of the Premises during the term, whether foreseen or unforseen, regardless or the cost, and regardless of when during the term the work is required. 10. WASTE AND QUIET CONDUCT. LESSEE shall not commit nor permit to be committed any waste upon the Premises, nor any nuisance or other act or thing which may disturb the quiet enjoyment of the general public in its use of the Downtown Redding Mall or the quiet enjoyment of any other owners or tenants in the conduct of their business establishments located within the Downtown Redding Mall. 11. INDEMNIFICATION. LESSEE shall indemnify and defend LESSOR and its elected officials, officers,employees, agents and volunteers against and hold them harmless from any and all claims, losses, damages, and liability for damages, including attorneys' fees and other costs of defense incurred by LESSOR, whether for damage to or loss of property or injury to or death of person, including properties of LESSOR and injury to or death or LESSOR's elected officials, officers, employees, agents, and volunteers, arising out of or resulting from LESSEE's use of the Premises or from the actions of LESSEE, LESSEE's employees, agents, customers, and invitees or from the performance of the work or obligations of LESSEE described herein, unless such damage, loss, injury, or death is caused by the sole negligence of LESSOR. 12. INSURANCE. A. LESSEE shall procure and maintain for the duration of this Lease Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with LESSEE's use of the Premises. The cost of such insurance shall be borne by LESSEE. Coverage shall include commercial general liability insurance at least as broad as ISO occurrence form CG 0001 with limits of$1,000,000 per occurrence/general aggregate. The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. LESSOR,its officers,officials,employees,agents,and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the LESSEE; products and completed operations of the LESSEE; Premises owned,occupied or used by the LESSEE; or automobiles owned, leased, hired, or borrowed by LESSEE. The coverage shall contain no special limitations of the scope of protections afforded to LESSOR, its officers, officials, employees, agents, or volunteers. 2. LESSEE's insurance coverage shall be primary insurance as respects LESSOR, its officers,officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by LESSOR, . . . ! i � Lease Agreement- City/RRA/Parlay/nvesfinents, Inc. Page 4 its officers, officia(s, employees, agents, or volunteers shall be excess of LESSEE insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies, including breaches of wananties, shall not affect coverage provided to LESSOR, its officers, officials, employees, agents, or volunteers. 4. LESSEE's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the (imits of the insurer's liability. 5. Each insurance policy required by this clause shal( be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to LESSOR. LESSEE shall furnish LESSOR with certificates of insurance and original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behal£ All endorsements are to be received and approved by the Risk Manager of the City of Redding prior to the commencement date of this Lease Agreement. B. It is further understood and agreed as a condition of this Lease Agreement that should LESSEE hire an employee or employees,LESSEE will provide worker's compensation insurance on its employees as required by the Labor Code, and shall furnish LESSOR with a Certificate evidencing such insurance. To obtain an exemption from this requirement should LESSEE have no employees, LESSEE shall provide the Risk Manager of the City of Redding with a letter stating that it is not employing any person or persons in any manner so as to become subject to the workers' compensation laws of California; provided, however, that should LESSEE later become subject to the workers' compensation provisions of the Labor Code, it will forthwith comply with the insurance requirements set forth above. 13. VOLUNTARY ASSIGNMENT AND SUBLETTING. LESSEE shall not voluntarily assign or encumber LESSEE's interest in this Lease Agreement or in the Premises, or sublease all or any part of the Premises, or allow any other person or entity(except LESSEE's authorized representatives) to use all or any part of the Premises, without first obtaining LESSOR's prior written consent. Any assignment, encumbrance, or sublease without LESSOR's consent shall be voidable and,at the sole election of LESSOR, shall constitute a default of this Lease Agreement. No consent to any assignment, encumbrance, or sublease, shall constitute a further waiver of the provisions of this section. If LESSEE consists of more than one person, a purported assignment, voluntary, involuntary, or by operation of law, from one person to the other shall be deemed a voluntary assignment. Nothing in this Paragraph 13, however, shall prevent LESSEE from allowing the use of the Premises by LESSEE's tenants, and LESSEE further shall be allowed to permit the use of the leased Premises by any of LESSEE's tenants whose premises are appurtenant to the leased Premises. 14. INVOLUNTARY ASSIGNMENT. No interest of LESSEE in this Lease Agreement shall be assignable by operation of law (including, without limitation, the transfer of this Lease Agreement by testacy or intestacy). Each of the following acts shall be considered an involuntary assignment: � � Lease Agreement- City/RRA/Par/ay Investments, Inc. Page 5 A. If LESSEE is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which LESSEE is the bankrupt; or, if LESSEE is a partnership or consists of more than one person or entity, if any partner of the partnership, or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; B. If a writ of attachment or execution is levied on this Lease Agreement; C. If, in any proceeding or action to which LESSEE is a party,a receiver is appointed with authority to take possession of the Premises. An involuntary assignment shall constitute a default by LESSEE, and LESSOR shall have the right to elect to terminate this Lease Agreement,in which case this Lease Agreement shall not be treated as an asset of LESSEE. 15. LESSOR'S ENTRY ON PREMISES. LESSOR and its authorized agents and employees shall have the right to enter the Premises at all reasonable times to determine whether the Premises are in good condition and whether LESSEE is complying with LESSEE's obligations under this Lease Agreement; LESSOR shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of LESSOR's entry on the Premises as provided in this section, except damage resulting from the acts or omissions of LESSOR or its agents or employees. LESSEE shall not be entitled to an abatement or reduction of rent if LESSOR exercises any rights reserved in this section. LESSOR shall conduct its activities on the Premises as allowed in this section in a manner that will cause the least possible inconvenience, annoyance or disturbance to LESSEE. 16. WAIVER. No delay or omission in the exercise of any right or remedy of LESSOR on any default by LESSEE shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by LESSOR of delinquent rent shall not constitute a waiver of any other default; it shall constitute a waiver of timely payment of the particular rent payment involved. LESSOR's consent to or approval of any act by LESSEE requiring LESSOR's consent or approval shall not be deemed to waive or render unnecessary LESSOR's consent to or approval of any subsequent act by LESSEE. Any waiver by LESSOR or any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Lease Agreement. 17. DEFAULT. The occurrence of any of the following shall constitute a default by LESSEE: A. Failure to pay rent when due, if the failure continues for five (5) calendar days after notice has been given to LESSEE. B. Failure to perform any other provision of this Lease Ab eement if the failure to perform is not cured within thirty (30) calendar days atter notice has been given to LESSEE. If the default cannot be reasonably cured within thirty (30) calendar days, LESSEE shall not be in default of this Lease Agreement if LESSEE commences to cure the default within the thirty (30) calendar day period and diligently and in good faith continues to cure the default. � � Lease Agreement- City/RRA/Parlay investments, lnc. Page 6 Notices given under this section shall specify the alleged default and the applicable provisions of this Lease Agreement, and shall demand that LESSEE perform the provisions of this Lease Agreement or pay the rent that is in arrears, as the case may be, within the applicable.period of time, or quit the Premises. No such notice shall be deemed a forfeiture or a termination of this Lease Agreement unless LESSOR so elects in the notice. The purpose of the notice requirements set forth in this section is to extend the notice requirements of the unlawful detainer statutes in California. 18. LESSOR'S REMEDIES. LESSOR shall have the following remedies if LESSEE commits a default. These remedies are not exclusive; they are cumulative in addition to any remedies now or later allowed by law. LESSOR can terminate LESSEE's right to possession of the Premises at any time. No act by LESS,OR other than giving notice to LESSEE shall terminate this Lease Agreement. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on LESSOR's initiative to protect LESSOR's interest under this Lease Agreement shall not constitute a termination of LESSEE's right to possession. On termination, LESSOR has the right to recover from LESSEE: A. The worth, at the time of the award, of unpaid rent that had been earned at the time of termination of this Lease Agreement; B. The worth, at the time of the award, of the amount by which the unpaid rent that would have been earned after the date of termination of this Lease Agreement until the time of award exceeds the amount of the loss of rent that LESSEE proves could have been reasonably avoided; C. The worth, at the time of the award, of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the loss of rent that LESSEE proves could have been reasonably avoided; D. Any other amount, and court costs, necessary to compensate LESSOR for all detriment proximately caused by LESSEE's default. "The worth at the time of the award," as used in subsections A, B and C of this section, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. 19. LATE CHARGES. LESSEE acknowledges that late payment by LESSEE to LESSOR of rent will cause LESSOR to incur costs not contemplated by this Lease Agreement, the exact amount of such costs being extremely difficult and impracticable to fix. T'herefore, if any payment of rent due from LESSEE is not received by LESSOR when due, LESSEE shall pay to LESSOR an additional sum of ten percent(10%) of the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that LESSOR will incur by reason of late payment by LESSEE. Acceptance of any late charge shall not constitute a waiver of LESSEE's default with respect to the overdue amount, nor prevent LESSOR from exercising any of the other rights and remedies available to LESSOR. 20. EMINENT DOMAIN. In the event the Premises shall be appropriated or taken under the power of eminent domain by any public or quasi-public authority, this Lease Agreement shall terminate and expire as of the date of such taking, and LESSEE shall thereupon be released from any liability thereafter accruing under this Lease Agreement. � � Lease Agreement - City/RRA/Par/ay lnvestments, Inc. Page 7 21. SURRENDER OF PREMISES. On the expiration, cancellation or termination of this Lease Agreement, LESSEE shall surrender possession of the Premises to LESSOR. LESSEE shall ieave the Premises in a condition as good as or better than existed on July 8, 1998. In the event that LESSEE surrenders the Premises in a condition that is not as good as the condition of the Premises on July 8, 1998, LESSEE shall pay all costs necessary to restore the Premises to the condition it was in on July 8, 1998. LESSEE shall reimburse LESSOR for any damage done to the Premises caused by LESSEE's use of the Premises or LESSEE's actions or omissions. LESSEE shall remove all LESSEE's personal property and perform any and all necessary restoration made necessary by the removal of any personal property on or before the date of expiration, cancellation or termination. LESSOR can elect to retain or dispose of in any manner any alterations or LESSEE's personal property that LESSEE does not remove from the Premises on the expiration, cancellation or termination of the term or any extended term of this Lease Agreement as allowed or required by this Lease Agreement by giving at least five (5) days notice to LESSEE. Title to any such alterations or LESSEE's personal property that LESSOR elects to retain or dispose of shall vest in LESSOR on expiration of the five (5) day period. LESSEE waives all claims against LESSOR for any damage to LESSEE resulting from LESSOR's retention or disposition of any such alterations or LESSEE's personal property. LESSEE shall be liable to LESSOR for LESSOR's costs for storing, removing, and disposing of any alteration or LESSEE's personal property. If LESSEE fails to surrender the Premises to LESSOR on expiration, cancellation or termination as required by this section, LESSEE shall hold LESSOR harmless from all damages resulting from LESSEE's failure to surrender the Premises, including, without limitation, claims made by a succeeding LESSEE resulting from LESSEE's failure to surrender the Premises. 22. ADMINISTRATION BY LESSOR. Whenever LESSEE is required to secure the approval or consent of LESSOR under this Lease Agreement, "LESSOR" shall mean the City Manager of the City of Redding. 23. ENTIRE AGREEMENT AND MODIFICATION OR AMENDMENT. This Lease Agreement,which includes all exhibits attached hereto and incorporated by reference herein, contains all the representations and the entire understanding and agreement between the parties pertaining to the Premises or any other matters connected therewith. All correspondence, memoranda, or oral or written agreements pertaining to the Premises or any the parties hereto, which originated before the date of this Lease Agreement are null, void and no longer in force and with no effect, and are replaced in total with this Lease Agreement unless otherwise expressly stated in this Lease Agreement. This Lease Agreement shall not be altered, amended or modified except by a writing signed by LESSOR and LESSEE. 24. SEVERABILITY. The unenforceability, invalidity, or illegality or any provision shall not render the other provisions unenforceable, invalid, or illegal. 25. NOTICES. All notices and other communications authorized or required under this Lease Agreement shall be in writing and shall be given by (a) personal delivery, (b) mailing by certitied mail or registered mail, return receipt requested, postage prepaid; or United States express mail, or (c) delivery by � � � Lease Agreement- City/RRA/Parlay lnvestments, Inc. Page 8 commercially recognized courier service. Any such notice or other communication shall be deemed to have been given on the date of delivery or refusal to accept delivery if addressed as follows: LESSEE LESSOR Parlay Investments, Inc. City of Redding P.O. Box 994310 Atm.: City Manager Redding, CA 96099-4310 760 Parkview Avenue Redding, California 96001 Either party may change its address for the purposes of this section by giving written notice of such change to the other party in the manner provided in this section. 26. ATTORNEYS' FEES. In any dispute between LESSOR and LESSEE, whether or not resulting in litigation,the prevailing party shall be entitled to recover from the other party all reasonable costs, including without limitation,reasonable attorney's fees. "Prevailing party" shall include without limitation, a party who dismisses an action for specific performance or for damages in exchange for sums allegedly due, performance for covenants allegedly breached or consideration substantially equal to the relief sought in the action, or which receives from the other party, in connection with any dispute, performance substantially equivalent to any of these. No sum for attorney fees shall be included in calculating the amount of a judgment for purposes of deciding whether a party is entitled to its costs or attorney fees. 27. HOLDING-OVER. Any holding-over after the expiration of the said term with the consent of LESSOR shall be construed to be a tenancy from month-to-month at a rental of three hundred sixty dollars ($360.00) per year, and shall otherwise be on the terms and conditions herein specified, so far as applicable. 28. BINDING ON SUCCESSORS. Subject to the provisions in this Lease Agreement respecting assignment or subletting, all covenants, terms and conditions in this Lease Agreement shall extend to and bind the successors, heirs, and assigns of the respective parties to this Lease Agreement. 29. HEADINGS, REFERENCE AND JOINT AND SEVERAL LIABILITY. The titles and headings of the various sections of this Lease Agreement are intended solely for convenience of reference and are not intended to explain, modify or place any construction on any of the provisions of this Lease Agreement. Masculine, feminine and the neutral gender and the singular and the plural number shall each be considered to include the other whenever the context so requires. If either party consists of more than one person, each such person shall be jointly and severally liable. 30. NO PARTY DEEMED DRAFTER. In the event of a dispute between any of the parties to this Lease Agreement over the meaning of this Lease Agreement, no party shall be deemed to have been the drafter hereof, and the principle of law that contracts are to be construed against the drafter shall not apply. 31. CALIFORNIA LAW. This Lease Agreement shall be construed and interpreted in accordance with the laws of the State of California. 32. PROVISIONS ARE COVENANTS AND CONDITIONS. All provisions, whether covenants or conditions, on the part of LESSEE shall be deemed to be both covenants and conditions. � � � Lease Agreement- City/RRA/Parlay Investments, lnc. Page 9 33. TIME OF ESSENCE. Time is of the essence of this Lease Agreement and of each and every provision in this Lease Agreement. 34. DATE OF AGREEMENT. The date of this Lease Agreement shall be that date that it shall have been signed by LESSOR. LESSOR CITY OF REDDING Dated: By: DAVID A. KEHOE, Mayor ATTEST: FORM APPROVED: By: By: CONNIE STROHMAYER, City Clerk W. LEONARD WINGATE, City Attorney REDDING REDEVELOPMENT AGENCY ` G Dated: By: DAVID EORG hai n ATTEST: FORM APPROVED: By: � By: ��' �����r � KURT STA AN, Secretary W. LEONARD WINGA , City Attorney LESSEE PARLAY INVESTMENTS, INC. J J f� Dated: ,�-�� i �� �; :,-� BRIAN LEIDIG, Pr ident .. ' . . .. . ' ` ..Al::, r . •• - '• •� ' • � AIR EAS�MENTS FOR MALL PLATFORM AND WALKWAY � All that portion of the Downtown Mall in the City of Redding , described as follows: Parcel 1 : Commencing at the northwest corner of the Dicker parcel as shown on the map filed July 11 , 1972, in Book 37 of Land Surveys at page 75 , Shasta County Records; thence S. 72°14 ' 10" W. , 40. 00 feet; thence S. 17°45 ' S0" E. , 54 . 75 feet to the point of beginning; thence c�ntinuing S. 17°45 ' S0" E. , 5.00 feet; thence N. 72°14 ' 10" E. , 16. 75 feet; thence S. 17°45 ' S0" E. , . 67 feet; thence N. 27°14 ' 10" E. , 200 feet to a point hereinafter referred to as Point "A" ; thence S. 17°45 ' S0" E. , 1.50 feet; thence N, 72°14 ' 10" E. , 2. 00 feet; thence N. I7°45 'S�" W. , 1.50 feet; thence N. 72°14 ' 10" E. , 3.00 feet; thence N. 17'45' S0" W. , , 10. 25 feet; thence S. 72°14 ' 10" W. , 7. 00 feet to a point herein- after referred to as Point "8"; thence S. 17°45' S0" E. , 4. 58 feet; thence S, 72°14 ' 10" W. , 16. 75 feet to the point of begin- ning. . The lower limits are at elevation 565. 82. The upper limits are at elevation 577. 65 . Parcel 2 : Beginning at Point "A"; thence S. 17°45 ' S0" E. , 1. 50 feet; thence N. 72°14 ' 10" E. , 2. 00 feet; thence N. 17°45 ' S0" W. , 1.50 feet; thence S. 72°14 ' 10" W. , 2. 00 feet to the point of beginning. The lower limits are at elevation 557. 82. The upper limits are at elevation 565. 82. Parcel 3 : Beginning at Point "B"; thence N. 62°45 ' S0" W. , 16. 00 feet; thence N. 27'14 ' 10" E. , 20. 00 feet; thence S. 62°45 ' 50" E. , 6. 25 feet; thence N. 27°14 ' 10" E. , 1. 25 feet to a point hereinafter referred to as Point "C" ; thence continuing N. 27°14 ' IO" E. , 4. 00 feet; thence S. 62°45 ' S0" E. , 5. 00 feet; thence S. 27°14 ' 10" W. , 5. 25 feet; thence S. 62°45 ' S0" E. , 8. 75 feet; thence 5. . 27°14 ' 10" W. , 16. 00 feet; thence S. 72°14 ' 10" W. , 5. 75 feet to the point of beginning, - The lower limits are at elevation 568. 08. The upper limits are at elevation 575. 08, Parcel 4 : Beginning at Point "C" ; thence N. 62°45 ' S0" W. , 6. 25 feet to a point hereinafter referred to as Point "D" ; thence N. 27°14 ' 10" E. , 3. 75 feet; thence S. 62°45 ' S0" E. , 6. 25 feet; thence S. 27°14 ' 10" W. , 3. 75 feet to the point of beginning. The lower limits are at elevation 564 . 00. The iipper. limits are at elevation 575, 08 . The easement is measured at a vertical distance of 7. 00 feet from the stair line. EXHIBIT A 1 . �. . . � - Parcel 5 : Beginning at Point "D" ; thence N. 62°45 ' S0" W. , 5. 00 feet; thence N. 27'14 ' 10" E. , 4. 00 feet; thence S. 62'45 ' S0" E. , . 50 feet to a point hereinafter referred to as Point "E"; thence N. 27°14 ' 10" E. , 3. 75 feet; thence S. 62°45 ' S0" E. , 5. 00 feet; thence S. 27°14 ' 10" W. , 3. 75 feet; thence N. 62°45 ' S0" W. , - . 50 feet; thence S. 27°14 ' 10" W. , 4. 00 feet to the point of � beqinning. The lower limits are at elevation 564. 00. The upper limits are at elevation 571. 00. Parcel 6 : Beginning at Point "E"; thence N. 62°45 ' S0" W. , 9. 50 feet; thence N. 27°14 ' 10" E. , 3. 75 feet; thence S. 62�45 ' S0" E. , 9. 50 feet; thence S. 27°14 ' 10" W. , 3. 75 feet to the point of � beginning. The locaer limits are at elevation 558. 16. � The upper limits are at elevation 571. 00. 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