HomeMy WebLinkAboutReso 91-538 - Approve & Authorize the mayor to execute a 2 year lease to COR as lessee of the Office & Parking spaces utilized by the Redding Police Dept at 1550 California St (Ste 2B on Exhibit A, Redding RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A TWO-
YEAR LEASE TO THE CITY OF REDDING AS LESSEE OF THE
OFFICE AND PARKING SPACES UTILIZED BY THE REDDING
POLICE DEPARTMENT AT 1550 CALIFORNIA STREET (SUITE 2B
ON EXHIBIT A) , REDDING.
WHEREAS, the City of Redding, on behalf of the
Investigations Division of the Redding Police Department, has
leased the above premises since September of 1987; and
WHEREAS, said Lease will expire December 31, 1991 ; and
WHEREAS, a new two-year Lease has been negotiated with the
owners, RONALD G. MYGRANT, MARGARET A. MYGRANT, CHARLES R. CHAIN, ELLEN G.
CHAIN, TRUSTEES OF THE CHAIN FAMILY REVOCABLE LIVING TRUST DATED JUNE 17,
1979, 4 LINKS, INC. RETIREMENT TRUST, A CALIFORNIA CORPORATION, JAMES J.
BAUMAN, D. JEANNE BAUMAN, AND BAUMAN REALTY, INC. , A CALIFORNIA CORPORATION,
and is attached for City Council' s consideration; and
WHEREAS, it is staff ' s recommendation that the City continue
to lease the office and parking spaces located at 1550 California
Street (Suite 2B on Exhibit A) for the Investigations Division of
the Redding Police Department; and
WHEREAS, the attached Lease contains a provision that the
City of Redding may use the space for office use for any other of
its departments without obtaining prior consent;
After considering said recommendation, IT IS HEREBY RESOLVED
by the City Council of the City of Redding that the Mayor of the
City of Redding is hereby authorized and directed to sign the
above-mentioned Lease, a true copy of which is attached hereto '
and incorporated herein by reference; and that 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 17th day of December , 1991, and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Buffun, Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Arness
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Mayor
City of Redding
ATTEST:
0. .
ETHEL A. NICHOLS, City Clerk
FORM PPROVED:
R DALL A. HAYS, City Attorney
2
LEASE
THIS LEASE is made this day of .December, 1991 , by and
between Ronald G. Mygrant, Margaret A. Mygrant, Charles R. Chain,
Ellen G. Chain, Trustees of the Chain Family Revocable Living Trust
dated June 17, 1979; 4 Links, Inc. Retirement Trust, a California
corporation, James J. Bauman, D. Jeanne Bauman and Bauman Realty,
Inc. , a California corporation, hereinafter referred to as
"Lessor, " and the City of Redding, hereinafter referred to as
"Lessee. "
1. Premises
Lessor hereby lets to Lessee and Lessee hereby hires from
Lessor, upon the terms and conditions hereinafter set forth, those
certain premises located at 1550 California Street, Redding,
California, more particularly described as Suite 2B, in Exhibit
"A" , which exhibit is attached hereto and is incorporated herein by
this reference. The premises comprise 3 ,120 square feet of floor
space.
2. Term
The term of this lease shall run from January 1 , 1992 , through
December 31, 1993.
3 . Rental
Lessee shall pay the Lessor a rental in the amount of:
$2 ,450. 00 per month until end of term.
4. Payment of Rent
Lessee agrees to pay the rent as set forth in paragraph 3 to
the Lessor on the first of each month, commencing the first day of
January 1992. The rent shall be due on the first day of each
succeeding month for the remaining term of the lease.
5. Uses
The premises will be used for offices for the Investigations
Division of the Redding Police Department, although the City of
Redding may use the space for office use for any other of its
departments without obtaining prior consent. Any other use of the
premises shall require the written consent of the Lessor, which
consent will not be unreasonably withheld. Lessee shall not make
any use of premises that will cause the premises to be uninsurable
or substantially increase the cost of maintaining the property.
6. Parking
Lessee shall have the exclusive right to use three ( 3 ) of the
parking spaces in the area described in Exhibit "B" , which spaces
are located on the east side of the building. Any enforcement
problems relating to the exclusive use of these spaces shall be the
responsibility of the Lessee.
7. Conformance to Law
The Lessee, in conducting business upon the premises, shall
comply with and conform to all laws, ordinances and regulations
governing the conduct of the business.
2
8 . Inspection
The Lessor, or its agent, shall have the right during normal
business hours during the existence of this lease to enter into any
part of the leased premises to ascertain its condition and to do
any act or thing required by Lessee to be done to cure a default
and for any other purpose incident to the rights of Lessors.
9 . Suitability
By entry into possession of the premises hereunder, the Lessee
acknowledges that the premises and every part thereof are suitable
for their purposes and that on the last day of the term or upon
other sooner termination of this lease, the Lessee shall peaceably
and quietly leave, surrender and yield up to Lessor all of the
leased premises, with the appurtenances and fixtures in good order
and condition and repair, reasonable use and wear thereof and
damage by acts of God or the elements excepted.
10 . Abandonment
Lessee shall not vacate nor abandon the premises at any time
during the leasehold term, and if Lessee shall abandon, vacate, or
surrender the premises, any personal property belonging to Lessee
and left on the premises shall be deemed to be abandoned, at the
option of the Lessor.
11. Repairs
(a) Lessee' s Responsibilities: Lessee shall keep and
maintain in good order, condition, and repair, except for
3
reasonable use and wear, the premises and every part thereof,
including fixtures, interior walls, floor, ceiling, signs, all
interior appliances and similar equipment and all doors, windows,
plate glass, except for the heating and air conditioning unit,
maintenance of which shall be the responsibility of Lessor.
(b) Lessor' s Responsibilities: Lessor shall be responsible
for maintenance of the exterior of the building, the roof, the
parking lot, and the heating and air conditioning unit. The
maintenance of and janitorial services for the common areas will be
performed by the Lessor with the understanding that each tenant
will be billed its pro-rata share of the costs of those services.
All common areas that are to be jointly maintained and billed are
shown on Exhibit "C" .
12. Utilities
Any of the utility service for the Lessee' s use shall be paid
for by the Lessee, including telephone and refuse removal. Lessor
will bill Lessee for its pro-rated share of the electric service
and gas service by Lessee which will be determined by the area
occupied as compared to the total area of the building. The Lessee
agrees to promptly pay such charges when presented by Lessor.
Lessor shall pay any charges for water service.
13 . Insurance
(a) Lessor acknowledges and Lessee warrants that Lessee is
self-insured for bodily injury and property damage.
(b) The Lessor shall maintain a policy of fire insurance on
4
the building at its sole cost and expense, which policy Lessee
acknowledges does not insure the contents of the premises.
14. Holding Lessor Harmless
The Lessee agrees during the full term of this lease to
indemnify and hold Lessor harmless from any and all liability which
may be determined for damages to persons or property, including
death, resulting from the use of the premises, or any activity or
operation conducted thereon by Lessee or its agents or employees.
Lessee shall not be required to indemnify nor hold Lessor harmless
from any claims, cost, settlements, or causes of action for
injuries or damages, if such injuries or damages may be attributed
to the negligence or willful acts of lessor.
15. Free from Liens
The Lessee agrees to keep the leased premises free from all
liens and encumbrances, including mechanics' liens, and the Lessor
shall have the right to enter the premises during normal business
hours for the purpose of posting any notices of non-responsibility
that it desires.
16 . Eminent Domain
In the event proceedings in eminent domain are instituted to
condemn the premises, or in the event that the premises are
purchased by a public agency for public use, this lease shall be
forthwith terminated and cancelled and both parties relieved from
further liability hereunder. Any unused rental shall be returned
5
to the Lessee and the Lessee shall be entitled to any compensation
awarded for merchandise, fixtures, and other property owned by it
which may be lost due to the eminent domain proceeding.
17. Removal of Personal Property
Upon termination of this lease, the Lessee shall have the
right to remove any personal property which it may have installed
and which is unattached. Trade fixtures used by the Lessee shall
be handled pursuant to Paragraph 18 . All floors, walls and
ceilings of the premises shall be restored by Lessee so that the
removal of personal property will not damage or deteriorate the
premises, reasonable wear and tear excepted.
18. Trade Fixtures
Subject to the provisions of Paragraph 17 of this lease, the
Lessee shall have the right to install trade fixtures in the leased
premises so long as these fixtures do not damage or injure the
premises. On the termination of this lease or any renewed term,
the Lessee shall be entitled to remove any trade fixtures which
have been installed to the walls, ceilings and floors, provided
Lessee agrees to restore the premises to its original condition
after removal of the trade fixtures. Any freestanding trade
fixtures such as racks, unattached counters, and other such trade
fixtures may be removed by the Lessee provided that the Lessee
restores the premises to its original condition after removal.
6
19. Non-Waiver of Default
If the Lessee should default as to any of the conditions, or
covenants , or agreements herein contained and the Lessor, having
knowledge of such breach, should not be construed as a waiver of
such conditions, covenants or agreements, and right of termination
shall remain in full force and effect unless expressly waived in
writing.
20. Holding Over After Term
In the event the Lessee occupies the premises from and after
the term of this lease, such occupancy shall be deemed a month-to-
month tenancy in the same terms and conditions as set forth herein,
except the monthly rental shall be increased five percent ( 5%)
during the first year of the hold over and an additional five
percent ( 5%) for each additional year, thereafter.
21. Attorney' s Fees
Should either party hereto be compelled to resort to legal
action to enforce their rights hereunder, the prevailing party in
such legal action shall be awarded reasonable attorney' s fees as
may be determined by the court.
22. Loss by Fire
If the premises are destroyed or are damaged by fire or other
peril as to render the same untenantable, at Lessor' s option the
premises shall be restored with all reasonable speed by Lessor, and
Lessee shall pay a reasonable rent during the period of restoration
7
for such part of the premises as are fit for occupancy.
Notwithstanding anything herein to the contrary, if the repairs
cannot be made in sixty ( 60 ) working days, the lease may be
terminated at the option of either party.
23 . Assignment and Subleasing by Lessee
This lease, or any interest herein, shall not be assigned nor
the premises sublet, nor subleased, nor underlet by Lessee or any
part hereof without the written consent of the Lessor first had and
obtained, except Lessee may assign the Lease, or any interest under
it, to any other department of the City of Redding to be used as
office space.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease on the day and year first above written.
LESSOR:
RONALD G. MYGRANT
MARGARET A. MYGRANT
JAMES J. BAUMAN
D. . JEANNE BAUMAN
BAUMAN REALTY, INC.
By:
James J. Bauman, President
( signatures continued on page 9)
8
(signatures continued from page 8)
CHAIN FAMILY REVOCABLE TRUST
DATED JUNE 17 , 1979
By:
Charles R. Chain
Ellen G. Chain
4 LINKS, INC. RETIREMENT TRUST
By:
Charles R. Chain, President
Ellen G. Chain
LESSEE:
CITY OF REDDING
By:
MIKE DAHL, MAYOR
ATTEST:
ETHEL A. NICHOLS, City Clerk
RANDALL A. HAYS, City Attorney
9
ninA STRCEI
---•�-�r r .tic�_'_�'�f:' � � � �'
o !fir i
0-
CL e
IUt
o c
D— 1.6
QO
• 7 1 g
O m
n om s. 2
� pc71 •m � O - �
N
• m 0 m 0 �,�,.L
V
� m
• C, a O
m
r r
m C O
ao
o ut 2 =�
0
o �
3 00�
o�e3o � 3Yc� 9 O ,5
zN
i*. Z F;
"'c "os ais.
f I W
0 1ENALIA STREET
�LA3 D
A
f
3
n
•
y ow,
f O
goo
� V i
Or
w
F <
F
-a
C
i
Z �
T
I
TjlAll• Sr;ZrLT
B
• , L T F i E Z •
F \`
1
n
�r
S
a
i >
r
i�
r
Fj
D
—D
a
F
o •
� F
I
T
r
y�J
C