HomeMy WebLinkAboutReso. 1988-005 - Approving the lease agreement between the city of redding and the north valley art league RESOLUTION NO. ffgj'.S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING
AND THE NORTH VALLEY ART LEAGUE, AND AUTHORIZING THE MAYOR
TO SIGN SAME.
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 Lease Agreement between the City of Redding and
the North Valley Art League at 1126 Parview Avenue, Redding, a
true copy of which is attached hereto and incorporated herein;
and
2 . That the Mayor of the City of Redding is hereby
authorized and directed to sign said Lease and all necessary
documents in connection therewith 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 on the aforesaid documents, when
appropriate.
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 5th day of January , 1988, and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Carter, Fulton , Gard , Johannessen , & Dahl
NOES: COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS : None
ABSTAIN: COUNCIL MEMBERS : None
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MIKE DAHL, Mayor
City of Redding
ATTEST: FORM PPROVED:
ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS , C ty Attorney c`
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LEASE
THIS LEASE AGREEMENT made and entered into this /6 day
of December, 1987 , by and between the CITY OF REDDING, a
Municipal Corporation and General Law City of the State of
California, hereinafter called "Lessor, " and the NORTH VALLEY ART
LEAGUE, a Non-profit Organization, hereinafter called "Lessee" ;
WITNESSETH:
WHEREAS, Lessor does not have a current use for the building
located at 1126 Parkview Avenue, Redding, California, hereinafter
called "building" ; and
WHEREAS, Lessee has identified a shortage of space for art
exhibitions in the County, and has as well identified a need for
artists to increase the exposure of their art work; and
WHEREAS, Lessee wishes to develop the Arts in the Redding
Area, and has a desire to utilize the building; and
WHEREAS, the building is an appropriate location in which to
further the development of a public art gallery and workshop;
NOW, THEREFORE, IT IS AGREED that Lessor shall lease to
Lessee and Lessee shall occupy the building under the following
terms and conditions:
1 . This Lease Agreement shall be for a period of one (1)
year, commencing October 22 , 1987 , and terminating October 21 ,
1988 .
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2 . Either party shall have the right to cancel this
Agreement after giving thirty (30) days ' prior written notice to
the other.
3 . Lessee shall pay no rent to City during the term of its
tenancy.
4 . It is a condition of this Lease that Lessee shall, at
its own expense, obtain and keep in full force and effect fire
insurance coverage sufficient in amount to cover the value of the
building and any works of art or other contents that may from
time-to-time be stored or displayed in the building. Lessor
shall be named as loss payee as to the building and any contents
that are the property of Lessor. Said insurance policy shall
further contain a provision obligating the insurance carrier to
notify Lessor in writing at least ten (10) days prior to any
cancellation or reduction of such insurance. A Certificate of
Insurance evidencing such coverage and notice requirement shall
be approved by the City Attorney and filed with the City Clerk of
Lessor prior to the first usage of the demised premises under
this Lease Agreement.
5 . Lessee shall be responsible for all water, utility and
garbage fees, and janitorial services.
6 . Lessee shall be responsible for all physical main-
tenance of the building, including general weatherization, and
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shall undertake repairs as necessary to make the building usable
and secure from theft and vandalism.
7 . Lessee shall assume all responsibility and liability in
connection with the operation of said art gallery and workshop,
and Lessee assumes and agrees to save and hold City and its
officers, agents and employees harmless from any and all
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 Lessee or its officers, agents, employees,
members, and persons using said premises.
8 . It is understood and agreed as a condition of this
Lease that Lessee shall, at its own expense, obtain and keep in
full force and effect public liability insurance in the amounts
of $300 ,000 .00 for injury to one person, $500 ,000 .00 for any one
accident, and $50 ,000 .00 for property damage, or in the
alternative a combined single-limits policy in an amount not less
than $500 ,000 .00 , and shall name Lessor, its officers, agents and
employees , as additional insured, and shall further contain a
provision obligating the insurance carrier to notify Lessor in
writing at least ten (10) days prior to any cancellation or
reduction of such insurance. A Certificate of Insurance
evidencing such coverage and notice requirement shall be approved
by the Risk Manager and filed with the City Clerk of Lessor prior
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to the first usage of the demised premises under this Lease
Agreement.
9 . It is further understood and agreed as a condition of
this Lease that Lessee will provide workers ' compensation
insurance on its employees , and furnish the City Clerk with a
Certificate evidencing such insurance, approved by the Risk
Manager of City. Said Certificate shall contain a provision
obligating the insurance carrier to notify City in writing at
least ten (10) days prior to any cancellation or reduction of
such insurance.
To obtain an exemption from this requirement should Lessee
have no employees, Lessee shall provide the City Clerk of City
with a letter stating that it is not employing any person or
persons in any manner so as to become subject to the Workers '
Compensation Laws of California; provided, however, that should
Lessee later become subject to the Workers ' Compensation
provisions of the Labor Code, it will forthwith comply with the
insurance requirements set forth above.
10 . Lessee shall make no interior changes to the building
that might make the building unsafe to occupy.
11 . On-site parking for patrons of the building shall be
limited to the area defined on the map attached hereto as
Exhibit A.
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12 . Lessee shall not, without the previous written consent
of Lessor, assign this Lease or any interest therein, nor
underlet or sublet the whole or any part of said premises . Any
purported assignment, either direct or by operation of law or
under or in pursuance of any order, judgment, decree or process
of any Court, shall be wholly void and shall, at the option of
Lessor, work a forfeiture of this Lease. The consent of Lessor
to the first or any other assignment shall not be a consent to
any subsequent assignment, but the prohibition against assignment
without written consent shall continue in force as against any
assignee.
is
13 . Provided Lessee is not in default hereunder, this Lease
shall continue in full force and effect until the 21st day of
October, 1988 , and thereafter from year-to-year on an automatic
renewal basis, unless written notice of any change in the terms
hereof or of termination shall be given by either party thirty
(30) days prior to said change or termination.
14 . Any notices or demands that may be given by either
party hereunder, including notice of change in terms, 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:
Lessor: 760 Parkview Avenue, Redding, California 96001 ;
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Lessee: 1126 Parkview Avenue, Redding, California 96001 .
15 . Lessee agrees to pay promptly when due any and all
taxes assessed against its personal property and any possessory
interest tax levied by reason of its occupancy of the demised
premises.
16 . It has been determined that this matter is cate-
gorically exempt from the provisions of CEQA.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease Agreement on the day and year first above written.
CITY OF REDDING
By:
MIKE DAHL, Mayor
NORTH VALLEY AR1(L�EEAGUE
By: l � � /Ai/ .i /.,
By: &,/", ,v/7,0,7, ./ti
ATTEST:
ETHEL A. NICHOLS , City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
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