HomeMy WebLinkAboutReso 1990-046 - Approving the "Third Amendment to Lease Agreement" , III 410
RESOLUTION NO. 90 •y�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE "THIRD AMENDMENT TO LEASE AGREEMENT" DATED
DECEMBER 15 , 1989 , BETWEEN THE CITY OF REDDING AND FRED PERI
WITH RESPECT TO A HANGAR FACILITY AT REDDING MUNICIPAL
AIRPORT, AND AUTHORIZING THE MAYOR TO SIGN.
IT IS HEREBY RESOLVED by the City Council of the City of
Redding as follows:
1 . That the City Council of the City of Redding hereby
approves the "Third Amendment to Lease Agreement" dated
December 15 , 1989 , between the City of Redding and Fred Peri, a
true copy of which is attached hereto and incorporated herein.
2 . That the Mayor of the City of Redding is hereby
authorized and directed to sign said Amendment 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 16th day of January , 1990 , and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, Johannessen, & Carter
NOES : COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS : None
24'041/FgL—
SCOTT CARTER, Mayor
City of Redding
ATTEST:: /% , OR�"PROVED::
ETHEL A. NICHOLS , City Clerk RA BALL A. HAYS, Ci Attorney
.
Ill
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THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT ("Third Amendment" )
is made and entered into this IS day of p.,CC _ , 19S1, by
and between the CITY OF REDDING, a Municipal Corporation, of
760 Parkview Avenue, Redding, California 96001-3396, hereinafter
called "Lessor, " and FRED PERI , hereinafter called "Lessee" :
WITNESSET H:
WHEREAS, Lessor and Lessee entered into a Lease Agreement
dated January 21 , 1980 ( "Lease Agreement") , with respect to a
hangar facility at the Redding Municipal Airport; and
WHEREAS, Lessor and Lessee entered into an Amendment to
Agreement dated May 29 , 1985 ("First Amendment") , which amended
certain provisions of the Lease Agreement; and
WHEREAS , Lessor and Lessee entered into a Second Amendment
to Lease Agreement dated December 9 , 1987 ( "Second Amendment") ,
which further amended certain provisions of the Lease Agreement;
and
WHEREAS, Lessor and Lessee desire to further amend the Lease
Agreement pursuant to the terms and conditions of this Third
Amendment;
NOW, THEREFORE, it is agreed as follows:
1 . Paragraph 2 (a) of the Lease Agreement is hereby amended
by (1) deleting the second paragraph of paragraph 2 (a) ; and (2)
adding the following sentence to the first paragraph 2 (a) :
•
"Lessee may conduct airport-oriented business activities
within the hangar facility only after having received prior
written consent from Lessor to so act; or may sublease to
others to so conduct such activities only after having
received prior written consent from Lessor to so act. "
2 . The following is added to said Lease as paragraph 24 :
"24 . Compliance with Law. Lessee covenants and agrees
to comply with all statutes, laws, ordinances, regulations,
orders, judgments, decrees, directions, and requirements of
Lessor, and of all Federal, State, County, and City
authorities now in force or which may hereafter be in force
applicable to said leased premises . The judgment of any
Court of competent jurisdiction or the admission of Lessee
in any action or proceeding against Lessee, whether Lessor
be a party thereto or not, that Lessee has violated any such
ordinance or statute in the use of the premises shall be
conclusive of the fact as between Lessor and Lessee, and
shall subject this Lease to immediate termination at the
option of Lessor. "
3 . All other terms and conditions of the Lease Agreement,
as amended by the First and Second Amendments, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands
on the day and year first above written.
•
CITY OF REDDING, Lessor
By:
SCOTT CARTER, Mayor FRED PERI , Lessee
ATTEST: FORM APPROVED:
ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS, City Attorney
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