HomeMy WebLinkAboutReso. 1987 - 318 - Approving the lease between the city of redding and lee and shirpkey ambers edwin and elaine schreiber morris and gertrude appleby and rose moss •
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RESOLUTION NO. 37 . !54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY SOF REDDING
APPROVING THE LEASE BETWEEN THE CITY OF REDDING AND LEE AND
SHIRLEY AMBERS; EDWIN AND ELAINE SCHREIBER; ,MORRIS AND
GERTRUDE APPLEBY; AND ROSE MOSS, AS TRUSTEE OF THE MOSS
FAMILY TRUST DATED JULY 16 , 1976 , AS AMENDED; AND
AUTHORIZING THE MAYOR TO SIGN SAME.
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 attached Lease of City-owned land located at Athens
Avenue and Locust Street (Taco Bell land) by and between the City
of Redding and Lee and Shirley Ambers; Edwin and Elaine
Schreiber; Morris and Gertrude Appleby; and Rose Moss , : as Trustee
of the Moss Family Trust dated July 16 , 1976 , as amended; and
2 . That the Mayor of the City of Redding lis 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 Lease,
when appropriate.
3 . That a true copy of said Lease is attached hereto and
incorporated herein by reference.
I HEREBY CERTIFY that the foregoing Resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 20th day of October , 1987 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Carter, Fulton, Gard, Johannes! en, & Dahl
NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: ne
MIKE DAHL, Mayor
City of Redding
ATTEST: FORM APPROVED: oC
1 y
ETHEL A. NIC OLS, City Clerk RA DALL A. HA S, ity Attorney
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LEASE
THIS LEASE executed in quadruplicate this day of
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October, 1987 , between the CITY OF REDDING, a! Municipal
Corporation and General Law City of the State of !California,
hereinafter referred to as LESSOR, and LEE AND SHIRLEY AMBERS,
HUSBAND AND WIFE; EDWIN AND ELAINE SCHREIBER, HUSBAND AND WIFE;
MORRIS AND GERTRUDE APPLEBY, HUSBAND AND WIFE; and ROSE MOSS, AS
TRUSTEE OF THE MOSS FAMILY TRUST DATED JULY 16 , 1976 , AS AMENDED,
hereinafter referred to as LESSEES .
IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
1 . DESCRIPTION OF PREMISES : LESSOR hereby ! leases to
LESSEES and LESSEES hire from LESSOR on the terms and conditions
hereinafter set forth those certain premises and appurtenances
situated in the City of Redding, County of Shasta, State of
California, described as follows:
BEGINNING at the southwest corner of a parcel of land as
described in Official Records, Book 848 , page 312 , Shasta
County Records, and thence running the following 'courses and
distances: S . 64°10 ' 30" E. , and along the southjboundary of
the above-mentioned parcel, a distance of 118 .55 feet;
thence from a tangent bearing S. 60°07 ' 49" W. , on a 30-foot
radius curve to the right through an angle of 49°52 ' 05" , a
distance of 26 . 11 feet; thence N. 70°00 ' 06" W. , a distance
of 91 . 11 feet to a point on the extended west boundary line
of the above-mentioned parcel; thence N. 10°16 ' E. , and
along said extension, a distance of 23 . 03 feet to the point
of beginning, containing 1 ,820 square feet, more pr less.
2 . TERM: The term of the within Lease shall be for ten
(10) years commencing May 1 , 1988 .
3 . RENT: Total rent is Five Thousand One Hundred Dollars
($5 ,100 .00) lawful money of the United States of America which
LESSEES agree to pay to LESSOR without deduction or offset at
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_ such place or places as may be designated from timelto time by
LESSOR. Commencing with the 1st day of May, 1988 , annual
installments shall be payable in advance on the first day of May
of each year of the term, in the amount of Five Hundred Ten
Dollars ($510 .00) .
In addition to the foregoing cash consideration for the
rental of the demised premises, LESSEES covenant and agree to
install and maintain paving or shrubbery and plantings' within all
portions of the demised area, and to maintain same throughout the
termof this Lease; and, in addition thereto, install and
maintain paving or shrubbery and plantings throughout the
cross-hatched area indicated on Exhibit "A" attached hereto,
adjacent to the demised premises and lying between them and the
improved City street (it being warranted that all portions of the
cross-hatched area are owned by LESSOR) . The failure!, of LESSEES
to perform in accordance with the intent of this landscaping and
erosion control covenant during any portion of time 'Iwithin the
term of this Lease shall constitute a material breach thereof and
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grounds for termination by LESSOR.
4 . USE: The premises are leased to LESSEES for the
. purpose of parking and landscaping in relation to is drive-in
restaurant located at the northwest corner of Locust! Street and
Athens Avenue. LESSEE shall not use or permit such premises or
any part thereof to be used for any purpose or purposes other
than the purpose or purposes for which said premises are hereby
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leased. In this connection, no structure or structures shall be
erected on any portion of the leased premises.
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5 . WASTE, QUIET CONDUCT: LESSEE shall not commit or
suffer to be committed any waste upon said premises, or any
nuisance, or other act or thing which may disturb the quiet
enjoyment of any other occupant or user of adjoining premises
owned by LESSOR.
6 . MECHANICS ' LIENS : LESSEES shall keep the demised
premises and the property in which the demised premises are
situated, free from any liens arising out of any work performed,
material furnished, or obligations incurred by LESSEES.
7 . UTILITIES: LESSEES shall pay for all water,; gas, heat,
light, power, and all other services or utilities supplied to
said demised premises.
8 . ACCEPTANCE OF PREMISES AS IS , SURRENDER AT END OF TERM:
By entry hereunder, LESSEES accept the premises as being in good
and sanitary order, condition, and repair, and agree on the last
day of said term, or sooner termination of this Lease, to
surrender unto LESSOR all and singular said premises with said
appurtenances in the same condition as when received, reasonable
use and wear thereof and damage by fire, act of God, or by the
elements excepted.
9 . COMPLIANCE WITH LAW: LESSEES shall, at their sole cost
and expense, comply with all requirements of all City, hState, and
Federal authorities now in force or which may hereafter be in
force pertaining to said premises, and shall faithfully observe
in the use of said premises all City, State, and Federal statutes
now in force or which may hereafter be in force. The judgment of
any court of competent jurisdiction or the admissiorOof LESSEES
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in any action or proceeding against LESSEES, whether LESSOR be a
party thereto or not, that LESSEES have violated any such ordi-
nance or statute in the use of the premises shall be' conclusive
of the fact as between LESSOR and LESSEES.
10 . LESSOR TO BE HELD HARMLESS : LESSEES, as la material
part of the consideration to be rendered to LESSOR, hereby waive
all claims against LESSOR, its officers, agents, and employees
for damages to goods, wares, and merchandise, in, upon, or about
said premises and for injuries to LESSEES, its offic*s , agents,
employees , or third persons in orabout said premies for any
cause arising at any time, and LESSEES will hold LESSOR, its
officers, agents, and employees exempt and harmless from any
damage or injury to any person or to the goods, wares, and
merchandise of any person arising from the_ use of the premises by
LESSEES or from the failure of LESSEES to keep the premises in
good condition and repair, as herein provided.
11 . ASSIGNMENT OR SUBLETTING: LESSEES shall �,not assign
this Lease or any interest therein and shall not sublet said
premises or any part thereof, or any right or, privilege
appurtenant thereto, or suffer any other person (the, agents and
servants of LESSEES excepted) to occupy or use said premises, or
any portion thereof, without the written consent of LESSOR first
which consent will not be unreasonable withheld.
had and obtained, A consent to one assignment, subletting, or
occupation, or use by another person shall not be deemed to be a
consent to any subsequent assignment, subletting, occupation, or
use by another person. Any such assignment or subletting without
such consent shall be void, and shall, at the option of LESSOR,
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terminate this Lease. This Lease shall not, nor shall any
interest therein, be assignable as to the interest of LESSEES by
operation of law without the written consent of LESSOR.
12 . SURRENDER OF TERM NOT MERGER: The voluntary or other
surrender of this Lease by LESSEES, or a mutual cancellation
thereof, shall not work a merger and shall, at the option of
LESSOR, terminate all or any existing subleases or subtenancies,
or may, at the option of LESSOR, operate as an assignment to it
of any or all such subleases or subtenancies.
13 . ATTORNEYS' FEES ON DEFAULT: In case suit shall be
brought for an unlawful detainer of said premises for the
recovery of any rent due under the provisions of this Lease, or
because of the breach of any other covenant herein contained on
the part of LESSEES to be kept or performed, LESSEES shall pay to
LESSOR reasonable attorneys ' fees which shall be filled by the
Court.
14 . WAIVER: The waiver by LESSOR of any breach of any
term, covenant, or condition herein contained shall no;t be deemed
to be a waiver of such term, covenant, or condition or any
subsequent breach of the same or any other term, covenant, or
condition herein contained. The subsequent acceptance of rent
hereunder by LESSOR shall not be deemed to be a waiver of any
preceding breach by LESSEES of any term, covenant, or condition
of this Lease, other than the failure of LESSEES to pay the
particular rental so accepted, regardless of LESSOR' S knowledge
of such preceding breach at the time of acceptance of such rent.
15 . HOLDING OVER: Any holding over after the expiration of
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said term, with the consent of LESSOR, shall be construed to be a
tenancy from month-to-month at a rental rate of Forty1Two Dollars
($42 . 00) per month, and shall otherwise be on the terms and
conditions herein specified so far as applicable.
16 . BINDING ON SUCCESSORS : The covenants and ; conditions
herein contained shall, subject to the provisions as to assign-
ment, apply to and bind the heirs, successors, executors, admini-
strators, and assigns of all the parties hereto. All the parties
hereto shall be jointly and severally liable hereunder.
. 17 . TIME: Time is of the essence of this Lease.l
18 . CEQA: It has been determined that thismatter is
categorically exempt from the provisions of CEQA.
IN WITNESS WHEREOF, LESSOR and LESSEES have executed this
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Lease on the day and year first above written.
MIKE DAHL, Mayor
y City of Redding
LEE AMBERS ORRIS APPLEB �r
4-417 ‘1•74...44-A--a -" '
SHIRLEY BERS, GE RUDE APPLEBY
'DWIN REIBER ROSE MOSS !!
AS TRUSTEE OF THE MOSS FAMILY TRUST.
�� /=� DATED JULY 16, 1976 !AS AMENDED
-' �. ?icy _�, ''
ELAINE SCHREIBER
ATTEST: FORM APPROVED:
ETHEL A. NICHOLS , City Clerk RANDALL A. HAYS, City Attorney
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