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HomeMy WebLinkAboutReso 93-383 - Approve & Authorize the Mayor to execute the Consent to Assignmetn of Lease (C-2266) of a strip of land at Athens Ave & Locust St from Lee Ambers ET AL to Gallaghers #1 FOTO, A LP RESOLUTION NO. 93- 38'3 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CONSENT TO ASSIGNMENT OF LEASE [C-2266] OF A STRIP OF LAND AT THE INTERSECTION OF ATHENS AVENUE AND LOCUST STREET FROM LEE AMBERS, ET AL. , TO GALLAGHERS #1 FOTO, A i CALIFORNIA LIMITED PARTNERSHIP. I IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby approves the above-mentioned Assignment of Lease, to be effective midnight, November 11, 1993 . BE IT FURTHER RESOLVED that the Mayor of the City of Redding is hereby authorized and directed to sign the City' s Consent to said Assignment in the form attached hereto and incorporated herein by reference; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of j Redding on the 19th day of October , 1993 , and was duly adopted at said meeting by the following vote: j AYES: COUNCIL MEMBERS: Anderson, Dahl, Kehoe, Moss and Arness NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None CARL ARNESS, Mayor City of Redding ATT ST: FORM APPROVED: w CONNIE STROHMAYER, ity Clerk RANDALL A. HA S, City Attorney I ASS=G14MIF- 7T OF LE1NSE LEE and SHIRLEY AMBERS, husband and wife; EDWIN and ELAINE SCHREIBER, husband and wife; MORRIS and GERTRUDE APPLEBY, husband and wife; and ROSE MOSS AS TRUSTEE OF THE MOSS FAMILY TRUST DATED JULY 16, 1976, AS AMENDED, Lessees under that certain Lease from the CITY OF REDDING as Lessor dated October 6 , 1987 [Contract No. C2266, a true copy of which is attached hereto and incorporated herein by reference] , DO HEREBY ASSIGN all our right, title, and interest in and to said Lease to GALLAGHERS #1 FOTO, a California Limited Partnership, effective midnight, November 11 , 1993 . 9 LEE AMBERS SHIRLE AMBERS IN H#-IBER ` ELAINE SCHREIBER , 41, MORRIS APPLE9Y/ GERTRUDE APPLEBY,;--',/ ROSE MOSS, TRUSTEE OF THE MOSS FAMILY TRUST DATED JULY 16, 1976 , AS AMENDED Above signatures to be notarized. ACCEF�TANCE OF LEASE Effective midnight, November 11, 1993 , GALLAGHERS #1 FOTO, a California Limited Partnership, c/o THOMAS S. GALLAGHER, General Partner, 2390 Athens Avenue, Redding, California 96001 , hereby accepts the assignment of the above-mentioned Lease from LEE and SHIRLEY AMBERS, husband and wife; EDWIN and ELAINE SCHREIBER, husband and wife; MORRIS and GERTRUDE APPLEBY, husband and wife; and ROSE MOSS AS TRUSTEE OF THE MOSS FAMILY TRUST DATED JULY 16, 1976, AS AMENDED, as Lessees, subject to all of the terms, covenants, conditions, agreements, and promises therein contained on the part of the Lessees to be observed and performed, including liability for the remaining obligations under said Lease and the payment of rents. GALLAGHERS #1 FOTO, a California Limited Partnership By: - ------- THOMAS F. L CHER General Partner Above signator to be notarized. 2 CON SENT TO ASSIGNMENT OF LEASE The CITY OF REDDING, a Municipal Corporation and General Law City, and Lessor under the above-mentioned Lease, hereby consents to the assignment of said Lease: i FROM ASSIGNORS LEE and SHIRLEY AMBERS, husband and wife; EDWIN and ELAINE SCHREIBER, husband and wife; MORRIS and GERTRUDE APPLEBY, husband and wife; and ROSE MOSS AS TRUSTEE OF THE MOSS FAMILY TRUST DATED JULY 16, 1976, AS AMENDED TO ASSIGNEE GALLAGHERS #1 FOTO,, a California Limited Partnership, effective midnight, November 11 , 1993 , and to release said Assignors from any future obligation under said Lease on and after such effective date. CITY OF REDDING By: CARL ARNESS, Mayor ATTEST: CONNIE STROHMAYER, City Clerk APPROVED: RANDALL A. HAYS, City Attorneys 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5193 Stateof California OPTIONAL SECTION mmo Los Angeles CAPACITY CLAIMED BY SIGNER County of Though statute does not require the Notary to fill in the data below, doing so may prove 10-05-93 Laura L. Ambers, Notary Public invaluable to persons relying on the document. On before me, DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE.NOTARY PUBLIC' [:] INDIVIDUAL personally appeared Rose Moss & Edwin C./Elaine Schreiber E] CORPORATE OFFICER(S) NAME(S)OF SIGNER(S) TITLE(S) Fi]personally known to me -OR -❑ proved to me on the basis of satisfactory evidence E] PARTNER(S) ❑ LIMITED to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ❑ ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑ TRUSTEE(S) the same in his/her/their authorized ❑ GUARDIAN/CONSERVATOR OFFICIAL SEAL capacity(ies), and that by his/her/their LAURA L AMBERS signature(s) on the instrument the person(s), NOTARYPUBLIC ❑ OTHER: PRINCIPAL OFFICE IN or the entity upon behalf of which the y LOS ANGELES COUNTY person(s) acted, executed the instrument. SIGNER IS REPRESENTING: WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION Assignment ot Lease THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: 10 NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, MO r r 1 s/G e r t r u e Appleby it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOV€ ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of California OPTIONAL SECTION mmm Los Angeles CAPACITY CLAIMED BY SIGNER County of Though statute does not require the Notary to fill in the data below. doing so may prove 10-06-93 Laura L. Ambers, Notary Public invaluable to persons relying on the document. On DATE before me, E] INDIVIDUAL NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC" Morris and Gertrude Appleby ❑ CORPORATEOFFICER(S) personally appeared NAME(S)OF SIGNER(S) TITLE(S) ®personally known to me - OR-El proved to me on the basis of satisfactory evidence PARTNER(S) LIMITED to be the person(s) whose name(s) is/are [:] GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) - - the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR OFFICIAL SEAL apacity(ies), and that by his/her/their LAURA L AMBERS ❑OTHER: NOTARY PUBUCCALIFORNIA ignature(s) on the instrument the person(s), PRIM 1PALOFFICEIN r the entity upon behalf of which the Lb$ANGELES COUNTY Mrrtoross��ears., erson(s) acted, executed the instrument. SIGNER IS REPRESENTING: WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION Assignment of Lease THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGESI C ROT�e0Fr?,q�VENLdid-4:n G /Elane SG4:,re Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE LeRoy/Shirley JO y Ambers h ALL-PURPOSE ACKNOWLEDGMENT NO 209 State of Cal i Porn i.a CAPACITY CLAIMED BY SIGNER County of Los Angeles [ INDIVIDUAL(S) ❑ CORPORATE On October 5, 199- before me, Pattv L. ©iristman OFFICER(S) DATE NAME.TITLE OF OFFICER-E.G.,-JANE DOE.NOTARY PUBLIC' TITLE(S) ❑ PARTNER(S) personally appeared Lee :Aiiibei-s and Shl1-lev A]Tibers ❑ ATTORNEY-IN-FACT NAME(S)OF SIGNER(S) ❑ TRUSTEE(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS to be the person(s) whose name(s) is/are subscribed to the within instrument and ac— knowledged to me that he/she/they executed ❑ OTHER: j the same in his/her/their authorized FAm L cer<s,nnAN capacity(ies), and that by his/her/their COMM,t 99911.75z signature(s) on the instrument the person(s), Notary Public— Co!ifomia j or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING: Z ' a LOS ANGELS COUNTY NAME OF PERSON(S)OR ENTITY(IES) My comm.Expires JUL 1,1997 acted, executed the instrument. selves Witness and and offi ial seal. i I SIGNATURE OF NOTARY ATTENTION NOTARY:Aithouah the informa!ion requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Assignment of Lease MUST BE ATTACHED g Number of Pa es 10 Date of Document November 11, 1993 TO THE DOCUMENT DESCRIBED AT RIGHT: Signers) Other Than Named Above Edwin Elaine Schreiber, Morris �, Gertrtt e v ase Doss ©1991 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Canoga Park,CA 91304-7184 _ M gl eti=. STATE OF CALIFORNIA m ZCOUNTY OF Shasta a w S.S.g in w 0 a 3 On October 07, 1993 before me, 0 Y Sherri D. Leard U V a Notary Public in and for said County and State,personally appeared FOR NOTARY SEAL OR STAMP O Thomas F Gallagher personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the I SHERRI D. LEARD I� within instrument and acknowledged to me that he/she/they executed Comm. No. 919807 NOTthe same in his/her/their authorized capacity(ies),and that by his/her/their JIA n signature(s)on the instrument theperson(s), or the entity upon behalf Z_,--;' SHASTA COUNTY Y P My Commi>>i:n expires I` of which the person(s) acted, executed the instrument. May 23, 1995 ` WITNESS my hand and official seal n Signature F 2492(5-91), I L E A S E THIS LEASE executed in quadruplicate this day of October, 1987 , between the CITY OF REDDING, a Municipal Corporation and General Law City of the State of California, hereinafter referred to as LESSOR, and LEE AND SHIRLEY AMBERS , HUSBAND AND WIFE; EDWIN AND ELAINE SCHREIBER, HUSBAND AND WIFE; MORRIS AND GERTRUDE APPLEBY, HUSBAND AND WIFE; and ROSE MOSS , AS TRUSTEE OF- THE MOSS FAMILY TRUST DATED JULY 16 , 1976 , AS AMENDED, hereinafter referred to as LESSEES . IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS : 1 . DESCRIPTION OF PREMISES : LESSOR hereby leases to LESSEES and LESSEES hire from LESSOR on the terms and conditions hereinafter set forth those certain premises and appurtenances situated in the City of Redding, County of Shasta, State of California, described as follows: BEGINNING at the southwest corner of a parcel of land as described in Official Records , Book 848 , page 312 , Shasta County Records, and thence running the following courses and distances : S . 64°10130" E. , and along the south boundary of the above-mentioned parcel, a distance of 118 . 55 feet; thence from a tangent bearing S. 60°07149" W. , on a 30-foot radius curve to the right through an angle of 49°52 ' 05" , a distance of 26 . 11 feet; thence N. 70°00106" W. , a distance of 91 .11 feet to a point on the extended west boundary line of the above-mentioned parcel; thence N. 10°16 ' E. , and along said extension, a distance of 23 . 03 feet to the point of beginning, containing 1 ,820 square feet, more or less. 2 . TERM: The term of the within Lease shall be for ten (10) years commencing May 1 , 1988 . 3 . RENT: Total rent is Five Thousand One Hundred Dollars ($5 , 100 .00) lawful money of the United States of America which LESSEES agree to pay to LESSOR without deduction or offset at such place or places as may be designated from time to time by LESSOR. Commencing with the 1st day of May, 1988 , annual installments shall be payable in advance on the first day of May of each year of the term, in the amount of Five Hundred Ten Dollars ($510 . 00) . In addition to the foregoing cash consideration for the rental of the demised premises, LESSEES covenant and agree to install and maintain paving or shrubbery and plantings within all i portions of the demised area, and to maintain same throughout the term of this Lease; and, in addition thereto, install and I maintain paving or shrubbery and plantings throughout the cross-hatched area indicated on Exhibit "A" attached hereto, adjacent to the demised premises and lying between them and the improved City street (it being warranted that all portions of the cross-hatched area are owned by LESSOR) . The failure of LESSEES to perform in accordance with the intent of this landscaping and erosion control covenant during any portion of time within the term of this Lease shall constitute a material breach thereof and grounds for termination by LESSOR. 4 . USE: The premises are leased to LESSEES for the purpose of parking and landscaping in relation to a drive-in restaurant located at the northwest corner of Locust Street and Athens Avenue. LESSEE shall not use or permit such 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. In this connection, no structure or structures shall be erected on any portion of the leased premises . -2- 5 . WASTE , QUIET CONDUCT : LESSEE shall not commit or suffer to be committed any waste upon said premises , or any nuisance, or other act or thing which may disturb the quiet enjoyment of any other occupant or user of adjoining premises owned by LESSOR. 6 . MECHANICS ' LIENS : LESSEES shall keep the demised premises and the property in which the demised premises are situated, free from any liens arising out of any work performed, material furnished, or obligations incurred by LESSEES . 7 . UTILITIES : LESSEES shall pay for all water, gas, heat, light, power, and all other services or utilities supplied to said demised premises. 8 . ACCEPTANCE OF PREMISES AS IS, SURRENDER AT END OF TERM: By entry hereunder, LESSEES accept the premises as being in good and sanitary order, condition, and repair, and agree on the last day of said term, or sooner termination of this Lease, to surrender unto LESSOR all and singular said premises with said appurtenances in the same condition as when received, reasonable use and wear thereof and damage by fire, act of God, or by the elements excepted. 9 . COMPLIANCE WITH LAW: LESSEES shall, at their sole cost and expense, comply with all requirements of all City, State, and Federal authorities now in force or which may hereafter be in force pertaining to said premises, and shall faithfully observe in the use of said premises all City, State, and Federal statutes now in force or which may hereafter be in force. The judgment of any court of competent jurisdiction or the admission of LESSEES -3- i in any action or proceeding against LESSEES , whether LESSOR be a party thereto or not, that LESSEES have violated anv such ordi- nance or statute in the use of the premises shall be conclusive of the fact as between LESSOR and LESSEES . 10 . LESSOR TO BE HELD HARMLESS : LESSEES , as a material part of the consideration to be rendered to LESSOR, hereby waive all claims against LESSOR, its officers , agents , and employees for damages to goods , wares , and merchandise, in, upon, or about said premises and for injuries to LESSEES , its officers , agents , employees , or third persons in or about said premises for any cause arising at any time, and LESSEES will hold LESSOR, its officers , agents , and employees exempt and harmless from any damage or injury to any person or to the goods , wares, and i merchandise of any person arising from the use of the premises by LESSEES or from the failure of LESSEES to keep the premises in good condition and repair, as herein provided. 11 . ASSIGNMENT OR SUBLETTING: LESSEES shall not assign this Lease or any interest therein and shall not sublet said premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents and i servants of LESSEES excepted) to occupy or use said premises , or I any portion thereof, without the written consent of LESSOR first which consent will not be unreasonable withheld. had and obtained« A consent to one assignment, subletting, or occupation, or use by another 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 LESSOR, -4- 0 terminate this Lease . This Lease shall not, nor shall any interest therein, be assignable as to the interest of LESSEES by operation of law without the written consent of LESSOR. 12 . SURRENDER OF TERM NOT MERGER: The voluntary or other surrender of this Lease by LESSEES , or a mutual cancellation thereof, shall not work a merger and shall, at the option of LESSOR, terminate all or any existing subleases or subtenancies , or may, at the option of LESSOR, operate as an assignment to it of any or all such subleases or subtenancies. 13 . ATTORNEYS ' FEES ON DEFAULT: In case suit shall be brought for an unlawful detainer of said premises for the recovery of any rent due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of LESSEES to be kept or performed, LESSEES shall pay to LESSOR reasonable attorneys' fees which shall be fixed by the Court. 14 . 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 or any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by LESSOR shall not be deemed to be a waiver of any preceding breach by LESSEES of any term, covenant, or condition of this Lease, other than the failure of LESSEES to pay the particular rental so accepted, regardless of LESSOR' S knowledge of such preceding breach at the time of acceptance of such rent. 15 . HOLDING OVER: Any holding over after the expiration of -5- said term, with the consent of LESSOR, shall be construed to be a tenancy from month-to-month at a rental rate of Forty-Two Dollars ($42 . 00) per month, and shall otherwise be on the terms and conditions herein specified so far as applicable. 16 . BINDING ON SUCCESSORS : The covenants and conditions herein contained shall , subject to the provisions as to assign- ment, apply to and bind the heirs , successors , executors , admini- strators , and assigns of all the parties hereto. All the parties i hereto shall be jointly and severally liable hereunder. 17 . TIME : Time is of the essence of this Lease. 18 . CEQA: It has been determined that this matter is categorically exempt from the provisions of CEQA. IN WITNESS WHEREOF, LESSOR and LESSEES have executed this Lease on the day and year first above written. MIKE DAHL, Mayor City of Redding LEE AMBERS MORRIS APPLEBY SHIRLEY/,AMBERS- GERTRUDE APPLEBY '-- EDWIN SQ REIBER ROSE MOSS AS TRUSTEE OF THE MOSS FAMILY TRUST. DATED JULY 16, 1976 AS AMENDED ELAINE SCHREIBER ATTEST: FORM APPROVED: e&' 41_� ;;;.4e� -�C_ -"Z,."..,,,":�! ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS, C ' y Attorney -6- \j Scat E i'•40' � � I --� • o< ar Scales 111=40' Sept. , 1987 c.ry EM,' 'BIT?