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HomeMy WebLinkAboutReso 95-101 - Approve entering into lease between COR & Kemkey Communications for period 04/19/95 through 04/18/2000 for space in lobby at visitor info ctr for interactive video info kiosk f RESOLUTION NO. 95- /0/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO A LEASE BETWEEN THE CITY OF REDDING AND MIPKEY COMMUNICATIONS FOR THE PERIOD APRIL 19, 1995, THROUGH APRIL 18, 2000, FOR SPACE IN THE LOBBY OF THE VISITOR INFORMATION CENTER FOR AN INTERACTIVE VIDEO INFORMATION KIOSK. IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby approves entering into the above five-year Lease between the City of Redding and Kempkey Communications for the installation, programming, and maintenance of a kiosk system containing advertisements for businesses and attractions of interest to tourists. A true copy of the Lease is attached hereto and made a part hereof. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign said Lease on behalf of the City; and the City Clerk is directed to attest the signature of the Mayor and to impress the official seal thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council of the City of Redding on the 18th day of April, 1995, by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, R. Anderson, McGeorge, Murray and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None Mayor , AVID A. K OE \ City of Redding ATT2ST FORM AP VED: 157 //) �} CONNIE.STROHMAYER,- C y Clerk W. LEONARD WINGA City Attorney LEASE AGREEMENT Preamble This lease is entered into on April 18, 1995, by and between CITY OF REDDING ("Host Facility") and KEMPKEY COMMUNICATIONS ("Kempkey"). Subject to the terms and conditions set forth in this lease, Host Facility hereby leases to Kempkey that certain space ("Leased Space") outlined in red on the plat map attached and marked Exhibit "A" which consist of a portion of the premises ('Building") commonly known as 777 Auditorium Drive, Redding, California 96001. Term 1. The term of this lease shall be a period of five (5) years commencing at 12:01 A.M. on April 19, 1995 and ending at 12:01 A.M. on April 18, 2000 unless terminated earlier as provided in this lease. Notwithstanding the foregoing, Kempkey may terminate this lease at any time upon giving the Host Facility a minimum of thirty (30) days advance written notice. Rent 2. Kempkey agrees to pay to Host Facility as rent, for the use and occupancy of the Leased Space, the sum of One Hundred Fifty xx/100 Dollars ($150.00) per month payable in advance on the first day of each and every month during the lease term. All rent shall be paid by Kempkey at 777 Auditorium Drive, Redding, California 96001, or any other place or places that Host Facility may from time to time designate by written notice given to Kempkey. Use of Premises 3. The Leased Space shall be used for the installation, programming, and maintenance of a kiosk system containing advertisements for businesses and attractions of interest to tourists, and for no other use or uses without the prior express written consent of Host Facility. Alterations by Kempkey 4. No alteration, addition, or improvement to the Leased Space shall be made by Kempkey without the written consent of Host Facility. If Kempkey causes any alterations, additions, or improvements to be made to the Leased Space, Kempkey agrees to keep the Leased Space free of liens for both labor and materials. Maintenance and Repairs 5. (a) Kempkey shall during the term of this lease maintain the Leased Space, in a good, clean, • • and safe condition, and shall on expiration or earlier termination of this lease surrender the Leased Space to Host Facility in as good condition and repair as existed on the date of this lease, reasonable wear and tear and damage by the elements excepted. Kempkey, at Kempkey's own expense, shall repair all deteriorations or injuries to the Leased Space or to the Building occasioned by Kempkey's lack of ordinary care. (b) Except as otherwise provided in this lease, Host Facility shall perform, at Host Facilities sole expense, all repairs and maintenance for the Leased Space and the Building. (c) Routine changes in printer paper, print ribbon, and inserting program updates will be handled by person(s) at Host Facility designated by Kempkey, with all materials to be supplied by Kempkey. Utilities 6. Host Facility shall at its sole cost and expense, pay for all utilities provided to the Lease Space (unless Kempkey installs a telephone line(s), in such event Kempkey shall only pay for said utility). Kempkey's Liability Insurance 7. For the mutual benefit of Host Facility and Kempkey, Kempkey shall during the term of this lease cause to be issued and maintained public liability insurance in the sum of at least One Million xx/100 Dollars ($1,000,000.00) for injury to or death of one or more persons in any one accident, insuring Kempkey against liability for injury and/or death occurring in or on the Leased Space. Host Facility, its officers, agents, employees and volunteers shall be named as an additional insured. Kempkey shall maintain all such insurance in full force and effect during the entire term of this lease and shall pay all premiums for the insurance. Evidence of insurance shall be delivered to Host Facility. Insurance for Kempkey's Personal Property 8. Kempkey agrees at all times during the term of this Lease to keep, at Kempkey's sole expense, all of Kempkey's personal property, including trade fixtures and equipment of Kempkey that may be on or in the Leased Space from time to time, insured against loss or damage by fire and by any peril included within fire and extended coverage insurance. Indemnification 9. Host Facility shall not be liable to Kempkey, and Kempkey hereby waives all claims against Host Facility, for any injury or damage to any person or property in or about the Leased Space or any part of the Leased Space by or from any cause whatsoever, except injury or damage to Kempkey resulting from the acts or omissions of Host Facility or Host Facilities authorized agents. Kempkey shall hold Host Facility, its officers, agents, employees and volunteers harmless from and defend them against any and all claims or liability for any injury or damage to any person or property whatsoever occurring in, on, or about the Leased Space or any part of it, when that injury or damage was caused in part or in whole by the act, neglect, fault of, or omission of any duty by Kempkey, its agents, servants, employees, or invitees. Assignment and Subletting 10. Kempkey shall not encumber, assign, or otherwise transfer this lease, any right or interest in this lease, or any right or interest in the Leased Space without first obtaining the express written consent of Host Facility. Furthermore, Kempkey shall not sublet the Leased Space or any part of it or allow any other persons, other than Kempkey's employees and agents, to occupy or use the Leased Space or any part of it without the prior written consent of Host Facility. A consent by Host Facility to one assignment, subletting, or occupation and use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation and use by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of Host Facility, whether voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of Host Facility, terminate this lease. The consent of Host Facility to any assignment of Kempkey's interest in this lease or the subletting by Kempkey of the Leased Space shall not be unreasonably withheld. Acts Constituting Breach by Kempkey 11. The following shall constitute a default under and a breach of this lease by Kempkey: (a) The nonpayment of rent when due, when the nonpayment continues for three (3) days after written notice to pay rent or surrender possession of the Leased Space has been given by Host Facility to Kempkey; (b) A failure to perform any provision, covenant, or condition of this lease other than one for the payment of rent, when that failure is not cured within 30 days after written notice of the specific failure is given by Host Facility to Kempkey; or (c) The breach of this lease and abandonment of the Leased Space before expiration of the term of this lease; Host Facilities Remedies 12. If Kempkey breaches or is in default under this Lease, Host Facility may bring an action to recover and regain possession of the Leased Space in the manner provided by the California law of unlawful detainer then in effect. Non-competition 13. The Host Facility acknowledges that its facilities will benefit by the presence of Kempkey as a tenant. The Host Facility also recognizes that Kempkey will have a significant capital investment in the kiosk, and that the recovery of said investment will depend on Kempkey's ability to sell advertising for the kiosk. Therefore the Host Facility represents and warrants to Kempkey that only Kempkey shall be allowed to install a kiosk in the Building during the term of this lease. For purposes of this lease a kiosk is defined as an interactive, computer driven cathode ray tube that is programmed specifically for and limited to information that is useful to visitors in the area. Waiver of Breach 14. The waiver by Host Facility of any breach by Kempkey of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent default or breach by Kempkey either of the same or a different provision of this lease. Notices 15. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this lease or by law to be served on or given to either party to this lease by the other party shall be in writing, and shall be deemed duly served and given when personally delivered to the party to whom it is directed or any managing employee of that party or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to Host Facility at 777 Auditorium Drive, Redding, California 96001, or to Kempkey at 2020 Redwood Road, Napa, California 94558. Either party may change its address for purposes of this paragraph by giving written notice of the change to the other party in the manner provided in this paragraph. Binding on Heirs and Successors 16. This lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties, but nothing in this paragraph shall be construed as a consent by Host Facility to any assignment of this lease or any interest therein by Kempkey except as provided in Paragraph 11. of this lease. Time of Essence 17. Time is expressly declared to be of the essence in this lease. Sole and Only Agreement 18. This instrument constitutes the sole and only agreement between Host Facility and Kempkey respecting the Leased Space or the leasing of the Leased Space to Kempkey, and correctly sets forth the obligations of Host Facility and Kempkey to each other as of its date. Any agreements or representations respecting the Leased Space or their leasing by Host Facility to Kempkey not expressly set forth in this instrument are null and void. AGREED TO THIS 18th day of April , 1995 City of Reddding: By: Robert Anderson, Mayor Signature Kempkey Communications By: Ed Kempkey P Y ATTEST: Connie Strohmayer, City Clerk APPROVED: c /Z 6 �r -11�/�" �'/ ( Douglas W Calkins, Iterim City Attorney •.4 `, - ((,ham\ Doo t�,es'�Cr o o rr S cc ver Q� u� 707 253 7239