HomeMy WebLinkAboutReso 92-416 - Approve & Authorize mayor to execute month to month rental agreement Effect 10/06/92, between COR & Glenn E Hawes for Hay Storage in the Barn located on city owned property on Airport Rd (Formerly Owned by Sandrock) RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE MONTH-TO-
MONTH RENTAL AGREEMENT EFFECTIVE OCTOBER 6, 1992, BETWEEN THE
CITY OF REDDING AND GLENN E. HAWES FOR HAY STORAGE IN THE BARN
LOCATED ON CITY-OWNED PROPERTY ON AIRPORT ROAD (FORMERLY OWNED
BY SANDROCK) .
IT IS HEREBY RESOLVED by the City Council of the City of
j Redding as follows:
1. That the City Council of the City of Redding hereby
approves the above-mentioned Month-to-Month Rental Agreement
between the City of Redding and Glenn E. Hawes, a true copy of
which is attached hereto and incorporated herein.
4 2. That the Mayor of the City of Redding is hereby authorized
and directed to sign said Agreement on behalf of the City of
Redding; 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
Redding on the 6th day of October , 1992, and was duly adopted at
said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Kehoe & Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None
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CHARLIE MOSS, Ma
City of Redding
A ST: FORM PPROVED: f"
a 4 24"
CONNIE STR HMAYER, ty Clerk R DALL A. HAYS, City Attorney
MONTH-TO-MONTH RENTAL AGREEMENT
THIS AGREEMENT is made and entered into by and between the
CITY OF REDDING, a Municipal Corporation and General Law City,
hereinafter referred to as "LANDLORD," and GLENN E. HAWES, of
Dersch Road, Anderson, California 96007 , hereinafter referred to
as "TENANT" ;
W I T N E S S E T H:
For and in consideration of the mutual promises , covenants,
considerations, and conditions hereinafter set forth, the parties
hereto agree as follows:
1. DESCRIPTION OF PREMISES.
LANDLORD does hereby rent to TENANT the barn and surrounding
area shown outlined in red on the map attached hereto and
incorporated herein by reference (hereinafter referred to as the
"Premises" ) , being part of the real property situated in the City
of Redding, County of Shasta, State of California, described in
Exhibit "A" attached hereto and made a part hereof by reference;
and being a portion of Assessor' s Parcel No. 056-400-01.
TENANT' s access to the barn from Airport Road shall be within the
area outlined in red on the attached sketch, and not on the road
shown north thereof.
2. TERM.
This Agreement shall constitute a tenancy from month-to-
month, commencing October 6, 1992. Either party hereto may
terminate this Agreement at any time by giving thirty ( 30) days'
advance written notice of termination to the other party.
3. USE.
A. The Premises shall be used by TENANT solely for the purpose
of storing hay in the barn. TENANT shall not use nor permit
the Premises or any part thereof to be used for any other
purpose or purposes; and shall make no alterations to the
barn or construct any building or make other improvements on
the Premises.
B. Subject to the restrictions and reservations herein
contained, TENANT, payingthe
rent and performing the
covenants herein specified, shall and may peaceably and
quietly hold and enjoy the Premises for the term aforesaid,
but if any rent is due and unpaid, or if default should be
made in any of the covenants or agreements herein contained
on the part of TENANT, it shall be lawful for LANDLORD to
reenter the Premises and remove all persons therefrom, or
LANDLORD may elect to exercise any legal or equitable right
accruing to it as a result of such breach.
4. RENTAL.
A. During the term of this Agreement, TENANT shall pay to
LANDLORD the sum of Fifty Dollars ( $50 .00) of lawful money
of the United States, in advance, on the 6th day of each and
every month, commencing October 6, 1992.
B. TENANT agrees to pay said rent to LANDLORD, at the times and
in the manner herein provided; without any deduction
therefrom whatsoever; and free and clear of any and all
claims or demands against LANDLORD of any kind or character.
C. Without prejudice to any other remedy which otherwise might
be used for non-payment of said rent, or for any other
charges or other breach of this Agreement, if LANDLORD is
required or elects to pay any sum or sums or incurs any
obligations or expenses by reason of a failure, neglect, or
refusal of TENANT to perform any one or more of the terms,
conditions, and covenants of this Agreement, or as the
result of any act or omission of TENANT contrary to said
terms, conditions, or covenants, the sum or sums so paid,
including all interest, costs, damages, or penalties, may be
added, after fifteen ( 15) days' notice by LANDLORD to
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TENANT, to any fee thereafter due hereunder, and shall be
and become additional fees recoverable by LANDLORD in the
same manner and with like remedies as though it were
originally a part of the rental fee set forth above.
D. Any fees and charges more than thirty ( 30) days past due may
be subject to a service charge of one percent ( lo) per month
based on an annual rate of twelve percent ( 120) .
5. UTILITIES.
TENANT shall pay the cost of any extensions, if required, to
serve the Premises with utilities; and the cost for any utility
service that is furnished to the Premises.
6. PREMISES AS-IS; MAINTENANCE.
A. It is expressly covenanted and agreed that TENANT has
inspected the Premises and accepts it in an "as is"
condition.
B. During the term of this Agreement, TENANT agrees that he
will mow the weeds in the area surrounding the barn, which
is within the area outlined in red on the map attached
hereto, at his own expense.
C. TENANT further agrees to maintain and care for the entire
real-property area (Premises) subject to this Agreement; to
keep fences in good repair; to exclude trespassers and
persons who are not express guests or invitees of TENANT;
and to take reasonable precautions against fire, calamity,
and waste on the property (Premises) .
D. TENANT agrees that upon termination of this Agreement for
any cause, he will surrender the Premises unto LANDLORD in
the same condition as when received, reasonable use and wear
thereof and damage by fire, Act of God, or by the elements
excepted.
7. WASTE; QUIET CONDUCT.
TENANT agree that he will not commit any waste on the
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Premises, nor any public or private nuisance thereon.
8. TAXES.
LANDLORD shall pay all taxes and special assessments
assessed against the land and existing improvements, except that
TENANT shall pay any and all possessory interest taxes levied
against the Premises arising out of TENANT' s occupancy hereunder.
9. MECHANICS' LIENS.
TENANT shall keep the Premises free from any liens arising
out of work performed, material furnished, or obligations
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10. INSPECTION.
A. LANDLORD or its agents shall have the right, on reasonable
occasions, to enter onto any part of the Premises to
ascertain and inspect the condition thereof .
B. LANDLORD hereby reserves the right for its agents and
employees to come onto the Premises at any time for
engineering and construction purposes and other City
activities, and a right for its agents and employees to
travel over the Premises in connection with such activities.
TENANT consents to LANDLORD and its agents and employees
coming upon the Premises for all purposes in connection with
the operation of the Stillwater Treatment Plant in the
vicinity thereof.
C. LANDLORD shall have the right to post notices on the
Premises of non-liability under and pursuant to the laws of
the State of California for any work done on the Premises;
and TENANT agrees to immediately notify LANDLORD in writing
when any work is commenced on the Premises.
11. COMPLIANCE WITS LAW.
TENANT, in carrying on and conducting business upon the
Premises, covenants and agrees to comply with all statutes, laws,
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ordinances, regulations, orders, judgments, decrees, directions,
and requirements of LANDLORD, and of all federal, state, county,
and city authorities now in force, or which may hereafter be in
force, applicable to the Premises. The judgment of any Court of
competent jurisdiction or the admission of TENANT in any action
or proceeding against TENANT, whether LANDLORD be a party thereto
or not, that TENANT has violated any such ordinance or statute in
the use of the Premises shall be conclusive of the fact as
between LANDLORD and TENANT and shall subject this Agreement to
immediate termination at the option of LANDLORD.
12. HOLD •FSS.
TENANT expressly agree to hold LANDLORD, its elected
officers, officials, employees, agents, and volunteers, harmless
from any and all liability and claims for damages for personal
injury, death, loss, or property damage arising out of injury to
TENANT' s person or property, or to the persons or property of his
agents and employees, or to the persons or property of any third
persons resulting from any accident, occurrence, or omission
relating to TENANT' s operations on the Premises.
TENANT shall indemnify, save harmless, and defend LANDLORD,
its elected officers, officials, employees, agents and
volunteers, from any and all such liability, loss, cost, or
obligation on account of or arising out of any injury, death, or
loss caused by the negligence or other legal fault of TENANT or
his heirs, executors, personal representatives, administrators,
., successors, and assigns.
13. INSURANCE.
TENANT shall procure and maintain for the duration of this
Agreement the following insurance against claims for injuries to
persons or damages to property which may arise from or in
connection with TENANT' s operation and use of the Premises. The
cost of such insurance shall be borne by TENANT.
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Minimum Scope of Insurance
Coverage shall be at least as broad as:
1 . Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001) . Claims-made form
is also acceptable.
2 . Insurance Services Office form #CA 0001 ( Ed. 1/87 )
covering Automobile Liability, owned, non-owned, and
hired.
3 . Workers ' Compensation insurance as required by the
State of California, and Employers' Liability
Insurance.
Minimum Limits of Insurance
TENANT shall maintain limits no less than:
1. General Liability: $1 , 000, 000 per occurrence for
bodily injury, personal injury, and property damage.
If Commercial General Liability Insurance or other form
with a general aggregate limit is used, the general
aggregate limit shall be twice the required occurrence
limit.
2 . Automobile Liability: $1,000,000 per accident for
bodily injury and property damage.
3 . Employer' s Liability: $1,000,000 per accident for
bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to
and approved by LANDLORD. At the option of LANDLORD, either:
the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the LANDLORD, its officers,
officials, employees, agents, and volunteers; or TENANT shall
procure a bond guaranteeing payment of losses and related
investigations, claims administration, and defense expenses.
Other Insurance Provisions
The general liability policy is to contain, or be endorsed to
contain, the following provisions:
( 1) LANDLORD, 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 TENANT; products and completed
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operations of the TENANT; Premises owned, occupied or
used by the TENANT; or automobiles owned, leased,
hired, or borrowed by TENANT. The coverage shall
contain no special limitations of the scope of
protection afforded to LANDLORD, its officers,
officials, employees, agents, or volunteers.
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( 2) TENANT' s insurance coverage shall be primary insurance
as respects LANDLORD, its officers, officials,
employees, agents, and volunteers. Any insurance or
self-insurance maintained by LANDLORD, its officers,
officials, employees, agents, or volunteers shall be
excess of TENANT' s insurance and shall not contribute
with it.
( 3) Any failure to comply with reporting or other
provisions of the policies, including breaches of
warranties, shall not affect coverage provided to
LANDLORD, its officers, officials, employees, agents,
or volunteers.
( 4) TENANT' s insurance shall apply separately to each
insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer' s
liability.
( 5) Each insurance policy required by this clause shall 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 LANDLORD.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M.
Best' s rating of no less than A:VII .
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Verification of Coverage
TENANT shall furnish LANDLORD 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 behalf . All endorsements are to
be received and approved by the Risk Manager of LANDLORD prior to
the commencement date of this Agreement.
14. ASSIGNMENT AND SUBLETTING.
TENANT shall not assign this Agreement or any interest
therein, and shall not sublet the Premises or any part thereof,
nor any right or privilege appurtenant thereto, nor suffer any
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other person to occupy or use the Premises or any portion
thereof , without the written consent of LANDLORD first had and
obtained. A consent by LANDLORD to one assignment, subletting,
I occupation, or use by another person or entity shall not be
deemed to be a consent to any subsequent assignment, subletting,
occupation, or use by another person or entity. Any such
assignment or subletting without such consent shall be void and
shall, at the option of LANDLORD, terminate this Agreement. This
Agreement shall not, nor shall any interest therein, be
assignable as to the interest of TENANT by operation of law
without the written consent of LANDLORD.
15. BANKRUPTCY OR INSOLVENCY.
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If TENANT should be adjudged bankrupt, either by voluntary
or involuntary proceedings, or abandon or vacate the Premises, or
make an assignment for the benefit of creditors, or should the
Premises come into possession or control of any trustee in
" bankruptcy, or if any receiver should be appointed in any action
or proceeding with power to take charge, possession, control, or
care of the Premises, LANDLORD shall have the option to forthwith
' terminate this Agreement and to reenter the Premises and take
possession thereof. In no event shall this Agreement be deemed
an asset of TENANT after adjudication in bankruptcy.
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16. DEFAULT.
A. This Agreement shall be deemed forthwith terminated on the
N failure of TENANT to comply with any lawful notices given by
" LANDLORD to pay rent or quit the Premises; and TENANT hereby
agrees that he will never make application for relief under
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Section 1179 of the Code of Civil Procedure of the State of
California.
B. If TENANT should default as to any of the terms, conditions,
covenants, and agreements herein contained, and LANDLORD,
having knowledge of such breach, should not take advantage
of same, such failure on LANDLORD' s part shall not be
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construed as a waiver of such term, condition, covenant, or
agreement, and the right of termination by LANDLORD shall
remain in full force and effect unless expressly waived in
writing, nor shall the right to give or withhold consent in
any case be deemed to be waived on account of a prior waiver
thereof .
17. CANCELLATION.
Either party may terminate this Agreement by giving the
other party sixty ( 30) days' written notice thereof in advance.
In this connection, it is covenanted and agreed that if this
Agreement is cancelled by either party pursuant to this
paragraph, there shall be no obligation upon LANDLORD to save and
protect or conserve any hay or crop(s) stored in the barn or
placed upon the Premises by TENANT, but that it shall be the
obligation of TENANT to remove any such hay or crop( s) by the
date of cancellation or to abandon said hay or crop(s) , and
TENANT shall remove any and all other improvements or personal
property of his from the Premises on or before said date of
cancellation.
18. NOTICE.
Any notices or demands that may be given by either party
hereunder, including notice of default and notice of termination,
shall be deemed to have been fully and properly given when made
in writing, enclosed in a sealed envelope, and deposited in the
United States Post Office, certified mail, postage prepaid,
addressed as follows: To LANDLORD c/o City Manager, City Hall,
760 Parkview Avenue, Redding, California 96001-3396; and to
TENANT at Route 1, Box 2308, Anderson, California 96007 .
19. ADMINISTRATION BY LANDLORD.
Whenever TENANT is required to secure the approval or
consent of LANDLORD under this Agreement, LANDLORD shall mean the
City Manager of LANDLORD. However, at the option of the City
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Manager of LANDLORD, or the TENANT, any such question may be
referred to the City Council of LANDLORD, whose decision thereon
shall be final.
20. ENTIRE AGREEMENT.
This Agreement sets forth the entire agreement between the
parties hereto. Modifications or additions to this Agreement
shall be considered valid only when mutually agreed upon by the
parties hereto in writing.
21. INVALID PROVISIONS.
In the event any term, covenant, condition, or provision
herein contained is held invalid by any Court of competent
jurisdiction, the invalidity of the same shall in no way affect
any other term, covenant, condition, or provision herein
contained, provided that the validity of any such term, covenant,
condition, or provision does not materially prejudice either
LANDLORD or TENANT in their respective rights and obligations
contained in the valid terms, covenants, conditions, and
provisions of this Agreement.
22. ATTORNEY'S FEES.
Should LANDLORD be compelled to resort to legal action to
obtain possession of the Premises or to enforce any of the
covenants of this Agreement, TENANT shall pay reasonable
attorney' s fees and costs therefor and all other damages which
LANDLORD may suffer.
23. BINDING ON SUCCESSORS.
All terms, covenants, conditions, and provisions of this
Agreement shall extend to and be binding upon the heirs,
executors, administrators, personal representatives, successors,
and assigns of the parties hereto.
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24. CEQA.
It has been determined that this matter is categorically
exempt from the provisions of the California Environmental
Quality Act.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement, effective October 6, 1992, on the days and year set
forth below.
CITY OF REDDING
Dated: , 1992 By:
CHARLIE MOSS, Mayor
Dated: 1992
GLENN E. HAWES
:! ATTEST:
CONNIE STROHMAYER, City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
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That real property situate in the County of Shasta, State of
California, described as follows:
COMMENCING at the south one-quarter Section corner of
Section 2 , Township 30 North, Range 4 West, M.D.M. ,
thence on and along the south line of said Section north
89058156" west, 1,007.68 feet to the point of beginning;
thence running the following bearings and distances:
continuing on and along said Section line, North
89°58056" west, 1,640. 79 feet to the southwest corner of
said Section; thence north 00017158" west on and along
the west line of said Section, 860.70 feet to the
southwest corner of that certain five acre parcel
described in that certain Deed recorded in Book 1165 of
Official Records of Shasta County at page 494; thence
along the southerly boundary of said parcel and its
easterly extension south 89022132" east, 1, 114.82 feet;
thence south 32000100" east, 1, 001.18 feet more or less
to the point of beginning.
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