HomeMy WebLinkAboutReso. 1988-211 - Approving the lease agreement between the city of redding an arden and susan carpenter RESOLUTION NO. g3 '42/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING
AND ARDEN AND SUSAN CARPENTER FOR THE HOUSE, HORSE BARN, AND
GRAZING LAND ON EASTSIDE ROAD NEAR THE SEWAGE TREATMENT
PLANT, 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
Arden and Susan Carpenter, 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 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 document, 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 7th day of June , 1988 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Buffum, Carter , Dahl , Fulton , & Johannessen
NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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K. MAURICE JOHANNESSEN, Mayor
City of Redding
ATTEST: ; FOR PPROVED:
ETHEL .A. NICHOLS, City Clerk RANDALL A. HAYS , City Attorney _s
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LEASE
THIS LEASE made and entered into as of the 1st day of April,
1988 , by and between the CITY OF REDDING, a Municipal Corporation
and General Law City, hereinafter referred to as "Lessor, " and
ARDEN CARPENTER and SUSAN CARPENTER of 7251 Eastside Road,
Anderson, California 96007 , hereinafter referred to as "Lessees" ;
WITNESSET H:
That for and in consideration of the rents, covenants, and
agreements herein contained, Lessor does hereby lease, demise,
and let unto Lessees that certain real property described in
Exhibit "A" and depicted in Exhibit "B" attached hereto and made
a part hereof by reference (hereinafter referred to as the
"premises") .
This Lease shall be for a period of two (2) years and shall
commence April 1 , 1988 , and terminate March 31 , 1990, for a total
rent of Six Thousand Six Hundred Dollars ($6 ,600 .00) payable in
24 monthly installments of Two Hundred Seventy-five Dollars
($275 .00) each, payable in advance on or before the 1st day of
each month, commencing April 1 , 1988 .
It has been determined that this matter is categorically
exempt from the provisions of the California Environmental
Quality Act.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD, STIPULATED, and
AGREED by and between the parties hereto as follows :
1 . Subject to the restrictions and reservations herein
contained, Lessees, paying the rent and performing the covenants
herein specified, shall and may peaceably and quietly hold and
enjoy said 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 Lessees,
it shall be lawful for Lessor to re-enter the premises and remove
411 410
all persons therefrom, or Lessor may elect to exercise any legal
or equitable right accruing to it as a result of such breach.
2 . If Lessees should default as to any of the conditions,
covenants, or agreements herein contained, and Lessor, having
knowledge of such breach, should not take advantage of the same,
such failure on the part of Lessor shall not be construed as a
waiver of such condition, covenant, or agreement and the right of
termination 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.
3 . Lessees, in carrying on and conducting business upon
said premises, shall comply with and conform to all laws,
ordinances, and regulations governing the conduct of such
business .
4 . Lessor or its agents shall have the right, on
reasonable occasions, to enter onto any part of the demised
premises to ascertain and inspect the condition thereof.
5 . The demised premises shall be used by Lessees solely
for residential purposes and for the pasturing of cattle and
horses, the maintenance and training of horses, and other
activities incidental to such operation.
6 . Lessees agree to pay rent to Lessor 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 Lessor of any kind or character, and this provision shall
be deemed to apply to any renewed term thereof.
7 . If the horse barn is used for commercial purposes,
namely the boarding of horses owned by the public , Lessor shall
receive five percent (5%) of the fees collected by Lessees,
payable on the first day of each month during the term of this
Lease and any extension thereof, commencing April 1 , 1988 .
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8 . Lessees shall pay the cost of any extensions required
to serve said leased premises with any utilities, and in addition
thereto Lessees shall pay the cost for any utility service that
is furnished to them at said premises.
9 . This Lease shall be deemed forthwith terminated on the
failure of Lessees to comply with any lawful notices given by
Lessor to pay rent or quit the premises, and Lessees hereby agree
that they, or any mortgagee of the term, or any person interested
in continuance of the term, shall never make application for
relief under Section 1179 of the Code of Civil Procedure of the
State of California.
10 . Time is of the essence of this Lease and of each and
every provision thereof.
11 . Should Lessor be compelled to resort to legal action to
obtain possession or to enforce any of the covenants of this
Lease, Lessees shall pay reasonable attorney' s fees therefor and
all other damages which Lessor may suffer.
12 . 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 Lessor at 760 Parkview
Avenue, Redding, California 96001-3396 ; and to Lessees at 7251
Eastside Road, Anderson, California 96007 .
13 . It is expressly covenanted and agreed that Lessees have
inspected the premises and accept them in an "as is" condition.
Any and all maintenance of the demised premises shall be at the
sole cost and expense of Lessees, with the sole and single
exception of the well pump and motor which Lessor agrees to
maintain. Lessees will pay the cost of any and all irrigation
water obtained from ACID or any other source. If Lessees desire
to place any improvements on the subject premises, or to demolish
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and remove any existing dilapidated and substandard improvements,
Lessees covenant and agree that they will first obtain the
consent in writing of Lessor as to any such improvement,
alteration, or demolition. Lessees expressly agree that they
will erect and maintain any and all fences required to hold their
cattle or horses within the pasture herein let and demised to
them. Lessees further agree to leave said premises at the
termination of this Lease in a good and sanitary condition. At
the termination of this Lease for any cause, Lessees shall have
the right to remove any improvements installed by them on said
premises, and such improvements shall be removed by Lessees
within a reasonable time if the termination is prior to the
expiration date of this Lease. In the event the termination is
at the expiration date of this Lease, such improvements shall be
removed prior thereto. Lessor shall have the right to insist
that any of such improvements are removed at the time specified
in this paragraph. Lessees, in removing improvements, shall do
so in such a way as to not damage any portion of the premises.
14 . It is understood and agreed as a condition of this
Lease that Lessees shall, at their own expense, obtain and keep
in full force and effect during the term of this Lease, or any
renewal thereof, comprehensive general liability insurance in the
amount of $500 ,000 .00 combined single limits, 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 of Lessor and
filed with the City Clerk of Lessor prior to the first usage of
the demised premises under this Lease Agreement.
15 . It is further understood and agreed as a condition of
this Lease that should Lessees hire an employee or employees,
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410
they will provide workers ' compensation insurance on their
employees , and shall furnish Lessor with a Certificate evidencing
such insurance.
16 . If Lessees should be adjudged bankrupt, either by
voluntary or involuntary proceedings, or if Lessees should
discontinue business or fail in business, or abandon or vacate
said premises, or make an assignment for the benefit of
creditors, or said demised premises should come into possession
and 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 said demised
premises, Lessor shall have the option to forthwith terminate
this Lease and to re-enter said premises and take possession
thereof. In no event shall this Lease be deemed an asset of
Lessees after adjudication in bankruptcy.
17 . Lessees shall not, without the previous consent in
writing of Lessor, assign this Lease or any interest therein, nor
underlet or sublet the whole or any part thereof. 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 consent shall continue in force as against any assignee.
18 . Lessor shall have the right to post notices on said
leased premises of non-liability under and pursuant to the laws
of the State of California for any work done on said premises,
and Lessees agree to notify Lessor in writing immediately that
any work at any time is commenced on said premises.
19 . Lessor hereby reserves the right for its agents and
employees to come onto the demised premises at any time for
engineering and construction purposes and other City activities,
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and a right for its agents and employees to travel over the
premises in connection with such activities, and Lessees consent
to Lessor and its agents and employees coming upon the premises
for all purposes in connection with the operation of the sewage
treatment plant in the vicinity thereof.
20 . Lessees agree that they will not commit any waste on
said premises, nor any public or private nuisance thereon.
21 . Subject to the provisions respecting assignment,
underletting, or subletting herein, the conditions, covenants,
and agreements herein contained shall inure to the benefit of and
be binding upon the heirs, executors, administrators, successors,
and assigns of the respective parties hereto.
22 . Lessor shall pay all taxes and special assessments
assessed against the land and existing improvements, except that
Lessees shall pay any and all possessory interest taxes levied
against the property arising out of Lessees' occupancy hereunder.
23 . Lessees expressly agree to hold Lessor, its officers,
agents, and employees, harmless from any and all claims and
demands for damages arising out of injury to Lessees' persons or
property, or to the person or property of their agent and
employees, or to the person or property of any third person
resulting from any accident, occurrence, or omission relating to
Lessees ' operations on the premises let or demised to Lessees
herein, and in this consideration Lessees expressly covenant and
agree to keep in repair and maintain the fences around the entire
perimeter of any portion of the subject premises which Lessees
use for pasturing cattle and horses.
24 . Either party to this Lease may terminate it on sixty
(60) days ' notice given in writing to the other party hereto in
advance. In this connection, it is covenanted and agreed that if
this Lease is cancelled by either party pursuant to this
paragraph, there shall be no obligation upon Lessor to save and
protect or conserve any crop or crops growing upon the demised
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premises which have been planted thereon by Lessees, but that it
shall be the obligation of Lessees to harvest said crops by the
date of cancellation or to abandon said crop or crops, and
Lessees shall remove any and all other improvements or personal
property of Lessees from the premises on or before said date of
cancellation.
25 . Despite the provisions of paragraph 8 above, to the
extent of the water available in the well for which Lessor has
agreed to maintain the pump and motor by the provision of para-
graph 13 , Lessor will make water available to Lessees without
charge for domestic purposes only. Lessees expressly covenant
and agree that Lessor is in no way responsible for continuing to
provide domestic water to Lessees should the existing well go dry
or otherwise fail, except only as to the extent of Lessor' s
assumption of responsibility to maintain the well pump and motor.
26 . If, with Lessor' s prior written consent, Lessees hold
possession of the premises after the term of this Lease Agreement
has expired, Lessees shall become a tenant from month-to-month
upon the terms and conditions herein specified, and Lessees shall
continue in possession until termination of the tenancy by either
party hereto, preceded by thirty (30) days' written notice of
such intention to terminate.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease on the day and year set forth below.
CITY OF REDDING
Dated: , 1988 By:
K. MAURICE JOHANNESSEN, Mayor
[Signatures continued on page 8]
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411 411 .
Signatures to Lease between City of Redding and Arden and Susan
Carpenter, effective April 1 , 1988 , continued:
Dated: S 2 , 1988 /./Ar, /„..1 1
ir
ARDEN CARPENTER
Dated: 3A(1, 7 , 1988
SUSAN CARPENTER
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM�,'PROVED:
RANDALL A. HAYS, ity Attorney
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EXHIBIT "A"
Parcel 1 :
Commencing at a point marked with an iron pin 3/4 inches in
diameter and 18 inches long driven into the ground on the
easterly boundary of the Central Pacific Railroad right-of-way,
335 feet southerly along said right-of-way from the centerline of
the #9 lateral siphon of the Anderson-Cottonwood Irrigation
District and northerly along said right-of-way, 1796 feet from
the southerly boundary fence of the Anderson Valley Farms, Inc. ;
thence N. 48°24 ' W. , 1200 feet along the easterly boundary of
said right-of-way to the centerline of Wood Gulch; thence along
the centerline of Wood Gulch, N. 18°12 ' E. , 84 . 14 feet; thence
continuing along said centerline of said Wood Gulch, N. 89°05 '
E. , 248 .03 feet; thence continuing along said centerline N.
86°46 ' E. , 350 feet, more or less, to the westerly boundary of
the borrowed area; thence along said boundary S. 20°58 ' W. , 170
feet, more or less, to the southerly boundary of the borrowed
area; thence along said boundary S. 69°56 ' 03" E. , 350 feet, more
or less; thence continuing along said boundary N. 88°18 ' 26" E. ,
560 feet, more or less; thence S. 42°30 ' W. , 800 feet, more or
less, to the point of commencement located in Section 31 of the
Reading Grant, Rancho Buena Ventura, as per map filed in the
office of the County Recorder, Shasta County Records, on
January 21 , 1922 .
Excepting therefrom a right-of-way for a roadway from said
lateral siphon southerly along said Central Pacific Railroad
right-of-way over the land herein conveyed, and a right-of-way to
convey irrigation water over said lands herein conveyed to other
lands, and subject to the present right-of-way of the
Anderson-Cottonwood Irrigation District to convey irrigation
water across said lands.
Parcel 2 :
Commencing at a point on the northeasterly right-of-way line of
the Southern Pacific Railroad, which point bears N. 43°49 ' 50" E. ,
426 . 33 feet from the corner common to Sections 31 , 32 , 33 and 34
of the P. B. Reading Grant of the Rancho San Buena Ventura, as
established by private survey; thence N. 48°24 ' W. , on and along
said right-of-way line 386 . 85 feet to the true point of beginning
of this description; thence continuing N. 48°24 ' W. , on and along
said right-of-way line, 681 .61 feet to an iron pin 3/4 inches in
diameter driven in the ground and which is 335 feet southerly
along said right-of-way from the centerline of No. 9 lateral
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siphon of the Anderson-Cottonwood Irrigation District; thence N.
42°30 ' E. , 920 feet, more or less; thence N. 88°18 ' 26" E. on and
along the southerly line of the borrowed area 1,480 feet, more or
less; thence S. 42°30 ' W. , on and along the section line common
to Sections 31 and 34 of the P. B. Reading Grant 1 ,620 feet, more
or less, to the northeasterly line of that certain parcel of land
deeded to A. L. and Anna Krone by deed recorded in the office of
the County Recorder of Shasta County, California, in Book 317 of
Official Records at page 91 ; thence on and along the line of said
parcel so described the following courses and distances: N.
42°48 ' 55" W. , 204 . 45 feet; thence N. 63°48 ' 10" W. , 194 .47 feet;
thence S. 42°46 ' W. , 220 .54 feet to the true point of beginning
of this description, being a portion of Section 31 of the P. B.
Reading Grant.
Save and except that certain right-of-way for the canal of the
Anderson-Cottonwood Irrigation District and other rights-of-way
of record.
Excepting from Parcel 2 above any portion thereof lying within
the exterior boundary of the parcel of land conveyed to Joseph E.
Gregory and Elsie B. Gregory, his wife, in Book 485 of Official
Records at page 100 , Shasta County Records.
Also saving and excepting from Parcel 2, the parcel described in
the deed to Leonard H. Ravel and Mary Lou Ravel, husband and
wife, dated June 4 , 1953, and recorded June 17 , 1953 , in Book 403
of Official Records at page 220 , Shasta County Records.
Also saving and excepting from Parcel 2 the parcel described in
the deed to Marvin L. Byrd and Lucille R. Byrd dated June 4 ,
1953 , and recorded June 17 , 1953, in Book 403 of Official Records
at page 225 , Shasta County Records.
Parcel 3 :
All that portion of Section 34 of the P. B. Reading Grant
described as follows: Commencing at the section corner common to
Sections 31 , 32 , 33 and 34 of the P. B. Reading Grant; thence N.
43°45 ' 50" E. , 426 .33 feet to the northeast line of the Southern
Pacific Railroad; thence N. 42°31 ' E. , 259 . 12 feet to the point
of beginning; thence S. 46°01 ' 30" E. , 311 .83 feet; thence S .
39°14 ' 30" E. , 60 .63 feet; thence N. 42°30 ' E. , 476 .93 feet;
thence S. 48°24 ' E. , 380 .30 feet; thence N. 44°05 ' E. , 1 ,948 .50
feet to the southerly bank of the Sacramento River; thence along
said bank S. 87°03 ' 30" W. , 112 .61 feet; thence N. 76°09" W. ,
217 . 60 feet; thence S. 88°24 ' W. , 123 . 15 feet; thence N.
80°31 ' 10" W. , 281 .33 feet; thence N. 56°36 ' 30" W. , 211 .50 feet;
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thence S. 42°31 ' W. , 1,980 feet, more or less, to the point of
beginning.
ALL CONTAINING A TOTAL OF 69 .23 ACRES.
SKETCH ATTACHED AS EXHIBIT B
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