HomeMy WebLinkAboutReso. 1988-218 - Approving the month-to-month rental agreement between the city of redding and shasta untion high school district ..,
RESOLUTION NO. F$'2/4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE MONTH-TO-MONTH RENTAL AGREEMENT BETWEEN THE
CITY OF REDDING AND SHASTA UNION HIGH SCHOOL DISTRICT FOR A
PORTION OF THE FIRE CACHE BUILDING AT CYPRESS AND AKARD, 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 Month-to-Month Rental Agreement between the City of
Redding and Shasta Union High School District for a portion of
the Fire Cache Building at Cypress and Akard, 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 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 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. AAURRQE JOHANNESSEN, Mayor
City of Redding
ATTESST: FORM��'PROVED:
ETHEL A. NICHOLS, City Clerk RA TALL A. HAYS , ty Attorney 1
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MONTH-TO-MONTH RENTAL AGREEMENT
THIS MONTH-TO-MONTH RENTAL AGREEMENT, effective May 1 , 1988 ,
is made and entered into by and between the CITY OF REDDING, a
Municipal Corporation and General Law City, hereinafter referred
to as "City, " and the SHASTA UNION HIGH SCHOOL DISTRICT,
hereinafter referred to as "District" :
WITNESSET H:
WHEREAS, City is the owner of the real property described as
follows:
The Fire Cache Building (formerly occupied by the United
States Forest Service) located on the southwest corner of
the intersection of Cypress Avenue and Akard Avenue, in the
City of Redding; and
WHEREAS, District is desirous of continuing to occupy
approximately 5 ,000 square feet of floor area at the north end of
said building, being the area heretofore occupied by District
under a three-year Lease Agreement which expired March 30, 1988 ;
and
WHEREAS, the City Council of the City of Redding deems it to
be in the best interests of the City of Redding and its citizens
to enter into the following month-to-month rental agreement, in
accordance with the recommendations of the City Manager of City;
and
WHEREAS, it has been determined that this matter is
categorically exempt from the provisions of the California
Environmental Quality Act.
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NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
1 . Term. City, for and in consideration of the covenants,
conditions, and agreements herein set forth to be kept and
performed by District, does hereby let unto District
approximately 5 ,000 square feet of floor space at the north end
of the Fire Cache Building located at the southwest corner of the
intersection of Cypress Avenue and Akard Avenue, in the City of
Redding, County of Shasta, State of California, on a
month-to-month basis, commencing May 1 , 1988 .
2 . Rental. District promises and agrees to pay and
deliver to City as the monthly rental for the above-described
premises the sum of Two Thousand Two Hundred Fifty Dollars
($2,250 .00) per month, payable in advance, commencing May 1 ,
1988 .
3 . Use . The subject premises are to be used for office,
administrative, and business operations and for storage of
supplies of the Shasta Union High School District, and for no
other purpose.
4 . Maintenance and Repairs . City shall be responsible for
the maintenance of the exterior walls and the roof of the subject
premises, excepting only the doors and windows thereof which
shall be the responsibility of District. District shall also be
responsible for all interior maintenance, including electrical,
plumbing, structural, and janitorial maintenance.
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5 . Utilities. District shall pay for all utilities
required by District, including power, light, heating, cooling,
water, sewer, and telephone. City shall not be responsible for
providing any utilities.
6 . Improvements. District may install interior
improvements within the premises, including the construction and
installation of walls and partitions, provided that the approval
of City, in writing, is first had and obtained as to any such
improvement or alteration. Remodeling, alteration, or
improvement of said premises shall be at District' s sole cost and
expense, and all such remodeling, alteration, or improvement
shall be constructed in accordance with the Building Code of the
City of Redding and the laws pertaining thereto of the State of
California.
7 . Hold Harmless. This Rental Agreement is entered into
upon the express condition that City shall be free from any and
all liability and claims for damages for personal injury, death,
or property damage in any way connected with District' s use of
said premises, including claims of District, its officers,
agents, and employees . District shall indemnify and save
harmless City, its officers, agents, and employees, from any and
all liability, loss, cost, or obligation on account of or arising
out of any such injury, death, or loss caused by the negligence
or other legal fault of District or its officers, agents, and
employees.
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8 . Insurance. District shall furnish to City evidence of
its public liability insurance and workers ' compensation coverage
in a form satisfactory to the Risk Manager of City in which City,
its officers, agents, and employees, are carried as additional
insureds, and shall further contain provisions which obligate the
insurance carrier to notify City, in writing, at least 10 days
prior to any cancellation or reduction in coverage of such
insurance.
9 . Assignment. This Agreement shall not be assigned by
District, nor shall District authorize or permit any person or
persons to use said premises other than as herein provided,
without first securing the approval of City in writing.
10 . Destruction of Premises . In the event the premises or
the building in which said premises are located shall be
destroyed or damaged by fire, with or without the fault of City,
City shall be under no obligation to restore said premises or
building for the use and occupancy of District.
11 . Removal of Property and Improvements. District shall
promptly and immediately remove its furniture, fixtures,
equipment, and other personal property upon the termination of.
this Agreement. Any and all improvements located on the
premises, whether constructed by District or City, including
wiring, walls, partitions, and floor covering, shall become the
property of City and shall not be removed from the premises upon
the termination of this Agreement; provided, however, that any
baseboard heaters, window air conditioners, electric lighting
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fixtures, drapes , blinds, and bulletin boards which are primarily
portable in character and can be removed without damage to the
premises may be removed by District upon the termination of
District' s occupancy.
12 . Administration by City. Whenever District is required
to secure approval or consent of City under the terms of this
Rental Agreement, "City" shall mean the City Manager of City,
provided that, at the option of either the City Manager or
District, any such question may be referred to the City Council
of City, whose decision thereon shall be final.
13 . Rules and Regulations. District shall comply with all
federal, state , and local laws and ordinances applicable to the
use, occupancy, or improvement, alteration, or repair of the
subject premises .
14 . Inspection. District shall permit City to inspect said
premises at all reasonable times during the term of this
Agreement.
15 . Termination. Either party may terminate this Agreement
upon giving the other party thirty (30) days' advance notice
thereof, in writing.
16 . 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 City at 760 Parkview
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Avenue, Redding, California 96001-3396 ; and to District at 725
Cypress Avenue, Redding, California 96002 .
17 . Possessory Interest Tax. District shall be responsible
for any possessory interest tax which is levied on the premises
by reason of its occupancy thereof.
18 . Successors and Assigns . The terms and conditions of
this Rental Agreement shall be binding upon the successors and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Month-to-Month Rental Agreement Agreement on the day and year set
forth below.
�CITY OFREDDNG
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BY: / t 'f !
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R/ URIMACE
JOHANNESSEN, Mayor
SHASTA UNION HIGH SCHOOL DISTRICT
By:
By:
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM PPROVED:
' RANDALL A. HAY , City Attorney
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