HomeMy WebLinkAboutReso 1987-044 - Approving the lease agreement between the city of redding and arden and susan carpenter ' • ' , � � .
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, RESOLUTION N0. S7'�
' 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 PdEAR 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 :
l . 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 all necessary documents 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 docu-
ments, 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 llth, day of �ebruary , 1987, and
was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Carter, Dahl , Gard, Johannessen & Fulton
� NOFS: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
, ABSTAIN: COUNCIL MEMBERS: None
,DF r�
, LEE D. FULTON, M.D. , Mayor
City of Redding
ATTEST: . FORP� APPROVED:
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���.�.� .�/. �2�;��,�.-ed `' - � �
ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS , City Att rne ,v
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ITHIS I�EASE made and entered into as of the lst day of April,
� 1986, by and between the CITY OF REDDING, a Municipal Corporation
iand General Law City, hereinafter referred to as "Lessor, " and
i ARDEN CARPENTER and SUSAN CARPENTER of 7251 Eastside Road,
! Anderson, California 96007 , hereinafter referred to as "Lessees" ;
I W I T N E S S E T H:
i 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 describeci in Exhibit
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� "A" and depicted in Exhibit "B" attached hereto (premises) and
made a part hereof by reference. _
i This Lease shall be for a period of two (2) years and shall
� commence April l , 1986 , an�l terminate March 31 , 1988 , for a total
rent of Six Thousand Six Hundred Dollars ($6 , 600. 00) , payable in
twenty-four (24) monthly installments of Two Hundred Seventy Five
Dollars ($275. 00) each, payable on or before the lst day of each
� month, commencing April 1 , 1986 .
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It has been determined that this matter is categorically
I exempt from the provisions of th� California Environmental
j Quality Act.
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NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD, STIPULATED and
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� AGREED by and between the parties hereto as follows :
� 1 . Subject to the restrictions ar,d reservations herein
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i contained, Lessees, paying the rent and performing the coven.ants
herein specif_ied, shall and may peaceably and quietly hold and
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enjoy said premises for the term aforesaid, but if any rent is
� due and un�aid, or if default should be made in any of the
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� covenants or agreements herein contained on the part of Lessees ,
� it shall be lawful for Lessor to re-enter the premises and rernove
! all persor.s therefrom, or Lessor may elect to exercise any legal
or equitable right accruing to it as a result of such breach.
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' 2. If Lessees should default as to any of the conditions,
Icovenants or agreements herein contained, and Lessor, Yiaving
�', kn.owledge 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
Iexpressly waived in writing, nor shall the right to give or
'� withhold consent in anv case be deemed to be waived on account of
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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
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i activities incidental to such operation.
', 6. Lessees agree to pay rent to Lessor at the time and in
i 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.
I 7. If the horse barn is used for commercial purposes,
i namely the boarding of horses owned hy 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 , 1986 .
; 8 . Lessees shall pay the cost of any extensions required
' � to serve said leased premises with any utilities, and in addition
i thereto Lessees shall pay the cost for any utility service that
is furnished to them at said premises.
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; 9. This Lease shall be deemed forthwith terminated on the
� failure o� 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
I 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 �_n writing and enclosed in a sealed envelope and
'I de�osited in the Unitecl States Post Office, certified mail,
postage prepaid, addressed as follows: To Lessor at 760 Parkview
Avenue, Redding, California 96001; 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.
F 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 L•essor agrees to
' maintain. Lessees will pay the cost of any a.rd all irrigation
� water obtained from ACID or any other source. If Lessees desire
I to place any improvements on the subject premises , or to demolish
I and remove any existing dilapidated and substandard improvements,
� Lessees covenant and agree that they will first obtain the
iconsent 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
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� cattle or hor�es 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
I the termination of this Lease for any cause, Lessees shall have
f the right to remove any improvements installed by them on said
�� premises, and such improvements shall be removed by Lessees
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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
iremoved 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, public liability insurance in the amounts of
i $100 , 000 . 00 for injury to one person, $300 , 000. 00 for any one
� accident, and $50 , 000 . 00 property dzmage limits, and shall name
� Lessor, its officers, agents and employees, as additional
�'�I 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 insurar�ce. A
� Certificate of Insurarice 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.
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15 . It is f_urther understood and agreed as a condition of
ithis Lease that should Lessees hire an employee or emplcyees ,
1 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 bankrLlpt� either by
� voluntary or involuntary proceedings , or if Lessees should
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idiscontinue business or fail in business, or abandon or vacate
' said premises , or make an a.ssignment for the benefit of
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; 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 proceedin_q with power to
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� 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
I thereof. In no event shall this Lease be deemed an asset of
I Lessees after adjudication in bankruptcy.
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i17 . Lessees shall not, without the previous consent in
( writing of Lessor, assign this Lease or any interest therein, nor
junderlet or sublet the whole or any part thereof. Any purported
i 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 shail not be a consent to any subsequent
assignment, but the prohibition against assignment without
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consent shall continue in force as against any assignee.
; 18 . Lessor shall have the right to post notices on said
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ileased premises of non-liability under and pursuant to the laws
� of the State of California for any work done _ on said preMises,
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� - and Lessees agree to notify Lessor in writing immediately that
Iany work at any time is commenced on said premises.
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I 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,
and a right for its agents and employees to tra_vel over the
premises in connection with such activities, and Lessees consent
to Lessor coMing upon the premises for all purposes in connection
� with the operation of the sewage treatment plant in the vicinity
i thereof.
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� 20 . Lessees agree that they will not commit any waste on
said premises , nor any public br private nuisance thereon.
I 21 . Subject to the provisions respecting assignment,
underletting or subietting herein, the conditions , covenants and
agreements herein contained shall inurc to the benefit of and be
I binding upon the heirs, executors, administrators, successors and
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� assigns of the respective parties hereto.
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� 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
i against the property arising out of Lessees ' occupancy hereunder.
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' 23 . Lessees expressly agree to hold Lessor, its officers,
� agents and employees, � harmless from any and all claims and
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demands for damages arising out of injury to Lessees ' persons or
property, or to the person or pxoperty of their agent and
employees, or to the per_son or property of any third ,person
resulting from any accident, occurrence or omission relating to
! Lessee ' s operations oii the premises let or demised to Lessees
� herein, and in this consideration Lessees expressly covenant and
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� 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
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' {60) days ' notice given in writing to the other party hereto in
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advance. In this connection, it is covenanted and agreed that if
ithis 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
� 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 saicl date of
� cancellation.
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i 25. Despite the provisions of paragraph 8 above, to the
� extent of the water available in the well for which Lessor has
I agreed to maintain the pump and motor by the provision of
� paragraph 13 , Lessor will make water available to Lessees without
charge for domestic purposes only. Lessees expressly covenant
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, 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 eYtent of Lessor' s
� assumption of responsibility to maintain the well pump and motor.
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� 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
corit.inue in possession until termination of the tenancy by either
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' party hereto, preceded by thirty (30) days ' written notice of
such intention to terminate. .
' IPJ WITNESS WHEREOF, the parties hereto have executed this
Lease on the day and year set for�th below.
� CITY OF REDDING
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Dated: February , 1987 By:
LEE D. FULTON, M.D. , Mayor
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Dated: February �, 19 8 7 j`� � ! ��..� -;�`—� _
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i ARDEN CARPENTER
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� Dated: February �, 1987 ,;_%/,� ;;��� ,,� �>l'-'�;c:;�'��� ,'��(.;:
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' SUSAN CARPENTER
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� ATTEST: APPROVED:
ETHEL A. NICHOLS , City Clerk RAPIDALL A. HAYS, City Attorney
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� EXHIBIT "A"
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' Parcel 1 :
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I Commencing at a point marked with an iron pin 3/4 inches in
; diameter and 18 inches long driven into the ground on the
i 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
� Distriet and northerly along said right-of-way, 1796 feet from
the southerly boundary fence of the Anderson Valley Farms, Inc. ;
thence N. 48°24 ' Tr7. , 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
i 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
i the borrowed area; thence along said boundary, S. 20°58 ' W. , 170
� feet_, more or less, to the sautherly 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 ir. the
Ioffice of the County Recorder, Shasta County Records, on
I 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
I Anderson-Cottonwood Irrigation District to convey irrigation
� water across said lands:
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� Parcel 2 :
j Commencing at a point on the northeasterly right-of-way line of
� the Southern Pacific Railroad, which point bears N. 43°49 ' S0" E. ,
I 426 . 33 feet from the corner common to Sections 31 , 32 , 33 and 34
; of the P. B. Readinq Grant of the Rancho San Buena Ventura, as
j 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 ' 4�7. , on and along
'�� said r_ight-of-way line, 6II1 . 61 feet to an iron pin 3/4 inches in
I diameter driven in the ground and which is 335 feet southerly
I along said right-of-way from the centerline of No. 9 lateral
� siphon c�f the Anderson-Cottonwood Irrigation District; thence N.
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42°30 ' E. , 920 feet, more or less; thence N. 88°18 ' 26" E, on and
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along the southerly lin� 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
� par,cel 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; ther.ce on and along
i 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.
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' 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
j Records at page 100 , Shasta County Records.
i Also saving and excepting from Parcel 2 , the parcel described in
' the deed to Leonard H. P.avel and Mary Lou Ravel , husband and
� �-aife, �Iated June 4 , 1953 , and recorded June 17, 1953 , in Book 403
of Official Records at� page 220, Shasta County Records.
i Also saving and excepting from Parcel 2 the parcel described in
� the deed to Marvin L. Byrd and Lucille R. Byrd dated June 4 ,
i 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 r1.
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°Ol ' 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°OS ' E. , 1 , 948 . 50
, feet to the. southerly bank of the S�cramento 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;
� thence S. 42°31 ' W. , 1 , 980 feet, more or less , to the point of
beginning.
� ALL CONTAINING A TOTAL OF 69. 23 ACRES.
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