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HomeMy WebLinkAboutReso. 1987 - 176 - Approving the sublease from the redding area bus authority at 3333 south market st 410 . RESOLUTION NO. x'7176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE SUBLEASE FROM THE REDDING AREA BUS AUTHORITY AT 3333 SOUTH MARKET STREET, REDDING, AND AUTHORIZING THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY OF REDDING. 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 Sublease Agreement from the Redding Area Bus Authority to the City of Redding at 3333 South Market Street, Redding, a true copy of which is attached hereto and incorporated herein by reference; and 2 . That the City Manager of the City of Redding is hereby authorized and directed to sign said Sublease and all necessary documents on behalf of the City of Redding in connection with said Sublease Agreement, and that the City Clerk is hereby authorized and directed to attest the signature of the City Manager 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 of the City Council of the City of Redding on the 2nd day of June , 1987 , 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 MIKE DAHL, Mayor City of Redding ATTEST: r FORM 'PROVED: "/,„ ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS, iC" t Attorney • • SUBLEASE THIS AGREEMENT entered into this day of May, 1987 , by and between the REDDING AREA BUS AUTHORITY, hereinafter referred to as "RABA, " and the CITY OF REDDING, a Municipal Corporation and General Law City of the State of California, hereinafter referred to as "CITY" : WITNESSET H: WHEREAS, this Sublease is made with reference to the following facts and objectives: (a) ECONOMIC DEVELOPMENT CORPORATION OF SHASTA COUNTY, a California Nonprofit Corporation ("Master Landlord" ) and GERALD P. BOYER and BARBARA J. BOYER ("Boyers") as Tenants, entered into a written Lease dated March 10 , 1983 ("Master Lease" ) regarding that real property described in Exhibit "A" of the Master Lease. The Master Lease was amended on April 12 , 1983, and February 3, 1987 , which amendments are included in the Master Lease. (b) WELLS FARGO BANK, NATIONAL ASSOCIATION, and the SMALL BUSINESS ADMINISTRATION, are holders of assigned rights of the Master Lease. (c) RABA leases from GERALD P. BOYER and BARBARA J. BOYER those certain premises (hereinafter called "premises") situate in the County of Shasta, State of California, described as Lots 2, 3, 4 and 5, Block 6 , as shown on the map of Alta Subdivision, recorded in the office of the County Recorder April 29 , 1939 , in Book 5 of Maps at page 53 , Shasta County Records; excepting • • ' therefrom the Northerly 5. 00 feet of Lots 2 and 5. Said premises includes all land, buildings, external signs , air conditioner, air compressor, air hoist, steam cleaner, and fixed benches and shelves on the premises when said Lease was entered into; (d) CITY desires to sublet a portion of said premises from RABA for its Redding Police Department, on the provisions contained in this Sublease. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1 . Description of Premises; Term. RABA does hereby grant, demise and lease unto CITY, and CITY hires from RABA, on the terms and conditions hereinafter set forth, that portion of the above-described premises shown outlined in red on Exhibit "A" attached hereto and incorporated herein by reference, namely the use of 2, 750 square feet of service bay area and 2, 430 square feet of exterior storage space, together with access thereto, for a term of one (1) year, commencing June 1 , 1987 , and terminating May 31 , 1988 . Provided CITY is not in default hereunder, this Sublease shall continue in full force and effect until said 31st day of May, 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 ninety (90) days prior to said change or termination. In no event, however, shall the term of this Sublease extend beyond the maximum term of the Master Lease or of the Lease between RABA and Boyers. -2- • • . 2. Rental. CITY shall pay to RABA as rental for its portion of the premises as outlined in red on Exhibit "A" the sum of Four Hundred Seventy-five Dollars ($475. 00) per month, including utilities, payable in advance on or before the first day of each month during the term of this Sublease, or any renewal thereof. 3. Security. As a condition of this Sublease, CITY is to build and/or modify the fences and gates to secure the exterior storage area. All fences are to be chain link with vision obscuring slats. Any alarm devises installed and operated by CITY are to be at no cost to RABA. 4. Facility Standards . CITY covenants and agrees, during the term of this Sublease, to install and maintain its equipment in such a manner that it does not interfere in any way with the present or future public transportation operation and system operated by RABA which is now or may be at any time located on the remainder of the premises not hereby subleased as outlined in red on the attached Exhibit "A. " 5. Access. RABA will provide CITY with a key to the premises, and CITY covenants and agrees to instruct its agents and employees to keep said premises locked at all times except when actually using it. 6 . Hold Harmless. Each party shall be free from any and all liability and claims for damages for personal injury, death or property damage caused by the other. Each party shall be responsible for its own negligence, and shall hold the other, its -3- • • ' 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 thereby caused. 7. Assignment or Subletting. CITY shall not assign this Sublease or any interest herein, and shall not sublet said premises or any part thereof, or any right or privilege pertinent hereto, or suffer any other person (agents and employees of CITY excepted) to occupy or use said property or any portion thereof without prior written consent of RABA. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any such assignment without such consent shall be void and shall, at the option of RABA, terminate this Sublease. 8 . Cancellation. Either party may cancel this Sublease upon giving the other at least thirty (30) days ' advance notice in writing. 9. Termination of Sublease. Notwithstanding any provision herein to the contrary, this Sublease shall terminate and both parties shall be relieved of all obligations with respect hereto in the event the Master Lease is terminated by any taking of the premises or any interest in the Master Lease by condemnation. 10 . Holding Over. If, with RABA' s prior written consent, CITY holds possession of the premises after the term of this Sublease, or the one-year renewals thereof if each is validly exercised, CITY shall become a tenant from month-to-month upon the terms and conditions herein specified, and CITY shall continue in possession until termination of the tenancy by either -4- • • party hereto, preceded by thirty (30) days ' written notice of such intention to terminate. All provisions of this Sublease, except those pertaining to term and options to extend, shall apply to the month-to-month tenancy. 11. Possessory Interest Taxes. CITY shall pay any and all possessory interest taxes levied against RABA by the County Assessor of the County of Shasta arising out of CITY' s use of the demised premises. 12. Successors and Assigns. The provisions and conditions of this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 13. CEQA. It has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. REDDING AREA BUS AUTHORITY CITY OF REDDING By: By: MIKE DAHL, Chairman ROBERT C. CHRISTOFFERSON City Manager ATTEST: ETHEL A. NICHOLS, CITY Clerk APPROVED: RANDALL A. HAYS, City Attorney -5- . . .-.7• ".-- - -- - ; . • . 1 • . 0 • • ., ' ,1,4'7,4,4,:,,..4,`,' , ,. 7,_::-,4,,,ErZ F:\-- .,.•• '.,,,, - .. 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