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Home My WebLink AboutReso. 1987-062 - Approving the lease agreement between the city of redding and shasta-cascade wonderland association, inc . _ . • • , F.ESOLU'FION NO. 8�-G� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING AND SHASTA-CASCADE WONDERLAND ASSOCIATION, INC. COVERING THE REMOVABLE PUBLIC INFORMATION AND EXHIBIT BUILDING LOCATED IN SOUTH CITY PARK, AND AUTHORIZING THE MAYOR TO SIGN. BE IT 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 Shasta-Cascade Wonderland Association, Inc. , a true copy of which is attached hereto and incorporated herein by reference; 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 in connection with said Lease Agreement, and that 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; and I HEREBY CERTIFY that the foregoing Resolution was � introduced and read at a regular meeting o_f the City Council of the City of Redding on the 16th day of March , 1987, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Dahl , Gard, Johannessen, & Fulton NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None � ABSTAIN: COUNCIL MEMBERS: None l�• � � LEE D. FULTON, M.D. , Mayor City of Redding ATTEST: , FOR PPROVED; �,� �7��.��s�-� � ETHEL A. NICHOLS, City Clerk DALL A. HAYS, City Attorney � � 1 � � 1 ' / � • I I � � L E A S E � THIS LEASE, made and entered into this „�� day of February, 1987 , by and between the CITY OF REDDING, a Municipal i � Corporation, hereinafter referred to as "Lessor, " and the SHASTA- i i CASCADE WONDERLAND ASSOCIATION, INC. , a Non-profi� Corporation, � duly organized and existing under and by virtue of the laws of � the State of California, hereinafter referred to as "Lessee" : � W I T N E S S E T H: ' WHEREAS, in 1956 Lessee placed a removable building in the I South City Park of the Citv of Reddin for use as a ublic - 5 P � information and exhibit building in conjunction with Shasta- �I Cascade Wonderland Association activities, including promotional ' and advertising work for tourist travel arid other activities by i � which City and its citizens are benefited; and � '. WHEREAS, Lessee has leased the premises where said building is located for many years and wishes to continue such use on a '� year-to-year basis, provided the City does not require the land i �� for other purposes; and WHEREAS, Lessee has kept the covenants heretofore agreed to, and the extension of this use will continue to benefit the City � and its citizens: � � NOW, THEREFORE, for and in consideration of the mutual � promises , considerations and conditions herein set forth, the j iparties hereto agree as f_ollows: - I i I I • , • • i� . i , I ' 6. It is further understood and agreed as a condition of i this Lease that should Lessee hire an employee or employees, it I will provide workers ' compensation insurance on its employees, I � and shall furnish Lessor with a Certificate evidencing such insurance. 7. Should Lessee breach any of the conditions of this i Lease, or fail to carry out its terms to the fullest, Lessor I shall have the right to remove Lessee from the premises and , terminate this Lease forthwith. However, if Lessor, having � knowledge of such a breach, should not take advantage of the � same, such failure on its part shall not be construed as a waiver of such conditions , covenants or agreements, and the right of � termination shall remain in full force and effect unless i � �, � 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. � 8. Lessee, 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 i business. � 9. Lessor or its agents shall have the right, on � reasonable occasions, to enter into any part of the demised ' premises to ascertain and inspect the condition of same. ; 10 . Lessee shall not discriminate against any persons on ' the grounds of race, color, national origin, age, sex, religion � or handicap. � I -4- � i I . , . � � . i 11. Should Lessor be compelled to resort to legal action to obtain possession or to enforce any .of the covenants of this i Lease, Lessee shall pay reasonable attorney' s fees therefor and �, all other damages which Lessor may suffer. ; 12. Any notice or demands that may be given or made by I either party hereunder, including notice of default and notice of ; termination, shall be deemed to have been fully and properly j given when made in writing and enclosed in a sealed envelope and i � deposited in the United Stated Post Office, certified mail, � postage prepaid, addressed as follows: To Lessor at 760 Parkview , Avenue, Redding, California 96001; and to Lessee at Post Office � Box 1988, Redding, California 96099. � ' 13. It is expressly covenanted and agreed that Lessee has ' inspected the premises and accepts it in an "as is" condition. Any and all maintenance of the building and of the demised i premises as described in paragraph 1 hereof shall be at the sole � cost and expense of Lessee. � 14. If Lessee should be adjudged bankrupt, either by � voluntary or involuntary proceedings, or should discontinue 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 af any trustee in bankruptcy, o'r 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 i forthwith terminate this Lease and to re-enter said demised I -5- ,. . . . • • � . � , . . . � premises and take possession thereof. In no event shall this ; Lease be deemed an asset of Lessee after adjudication in � bankruptcy. i 15. Lessee 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 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 �i to the first or any other assignment shall not be a consent to � any subsequent assignment, but the prohibition against assignment � I without consent shall continue in force as against any assignee. i 16. 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, Iand Lessee agrees to notify Lessor in writing immediately that i � any work, at any time, is commenced on said premises. ; 17. Lessee agrees that it will not commit any waste on said I ; premises, nor any public or private nuisance thereon. ! 18 . 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 successors and assigns of the respective parties i ; hereto. , I ', -6- i I i � . , . : - . � � . i- �, , � , � � - i � 19. Lessee shall pay any and all possessory interest taxes i levied by the County Assessor of Shasta County, arising out of � � its use of the demised premises. i � 20 . Time is of the essence of this Lease and of each and i i every provision thereof. � � '� 21 . This Lease shall be renewable on an automatic basis , from year-to-year for additional one (1) year periods under the ', same terms and conditions as this Lease, provided the City does ', not deem it necessary to use the demised premises for other � purposes. If Lessee wishes to terminate this Lease, it must ' notify City of its desire for termination by letter filed with ' the City Clerk at least sixty (60) days prior to the last day of ', February in any Lease year. 22. It has been determined that this matter is � categorically exempt from the provisions of CEQA. IN WITNESS WHEREOF, the parties hereto have hereunto , executed this Lease the day and year first above written. � CITY OF REDDING SHASTA-CASCADE WONDERLAND ASSOCI,T ON„ INC � ,� � �� By' g�� ' ��'�% �;"� � LEE D. FULTON, M.D. , Mayor 3 % �; .P ,/ /I , B � �.� � i v. � � . ,�9 ' ATTEST: APPROVED: ; ETHEL A. NICHOLS, Cit Clerk RANDALL A. HAYS, Cit Attorne Y Y Y i I -7-