Loading...
HomeMy WebLinkAboutReso. 1986 - 032 - Approving a furhter one-year lease between the city of redding and the shasta-cascade wonderland association for the removable public information and exhibit building located in south city park • RESOLUTION NO. SG-AZ A RESOLUTION OF THE CITY COUNCIL OF THE CITY F REDDING APPROVING A FURTHER ONE-YEAR LEASE BETWEEN THE CITY OF u REDDING AND THE SHASTA-CASCADE WONDERLAND ASSOCIATION FOR THE REMOVABLE PUBLIC INFORMATION AND EXHIBITI BUILDING LOCATED IN SOUTH CITY PARK, AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT RESOLVED by the City Council of the City of Redding as follows: 1 . The City Council of the City of Redding hereby approves r the Lease Agreement between the City of Redding and the Shasta- Cascade Wonderland Association for a further one-year lease (March 1 , 1986 , through February 28 , 1987) of the removable public information and exhibit building located in South City Park. 2. The Mayor of the City of Redding is hereby authorized 11 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 illpress the official seal of the City of Redding on the aforesaid documents, when appropriate. 3. A true copy of the Lease Agreement referred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of p • • ' I the City of Redding on the 3rd day of February , 1986, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Fulton, Pugh, & Kirkpatrick NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Demsher & Gard ABSTAIN: COUNCIL MEMBERS: None /0 /14 / / Aexteec,,, - /. ,- ' - HOWARD D. KIRKPAIRICK, Mayor City of Redding ATTEST: /� cam' . 72.E C' l II ETHEL A. NICHOLS, City Clerk FORM PPROVED: i RA DALL A. HAYS, ity Attorney I I -2- • 411 LEASE THIS LEASE, made and entered into this Ana.1 day of - A L_ LI- . , 1986, by and between the CITY OF REDDING, a icipal c.rporation, hereinafter referred to as "Lessor, " and the SHASTA-CASCADE WONDERLAND ASSOCIATION, INC. , a non-profit corporation, duly organized and existing under and by virtue of the laws of the State of California, hereinafter refIrred to as. "Lessee" : W I T N E S S E T H: WHEREAS, in 1956 Lessee placed a removable building in the South City Park of the City of Redding for use as a public information and exhibit building in conjunction with Shasta- Cascade Wonderland Association activities, including promotional and advertising work for tourist travel and other activities by 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 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 parties hereto agree as follows: 1 . Lessee shall have the use of the following described City-owned property for a period of one (1) year from March 1 , 1986, through February 28, 1987, for the purpose of maintaining on said property, subject to the hereinafter set forth conditions, a combination public information and exhibit building, with office facilities: A parcel of land two hundred feet (200 ' ) by one hundred eighty feet (180 ' ) in size in South City Park, Redding, California, as more particularly shown on the sketch attached hereto marked Exhibit "A" and by this reference made a part hereof, with the provision that a portion of the premises on the most easterly side thereof shall be left open and kept for vehicular use, not only by Lessee herein, but also by members of the general public who may be using adjacent facilities or otherwise for access from Parkview Avenue to other portions of South City Park. In the event a termination of this Lease, for any cause, becomes effective, Lessee shall have the right to remove any improvements portable in nature which can be removed without damage to the premises herein leased. 1 2. Lessee agrees that said property herein demised shall be used exclusively for Shasta-Cascade Wonderland Association activities only and shall not be used for any othel purpose, except for the right-of-way purposes as above provided for the general public, during the one-year term without Lessor' s written consent first having been obtained. 3 . No additional improvements shall be situated on said premises by Lessee without the prior consent of Lessor, in writing. Lessee shall pay promptly when due all charges for -2- I 111 • 1 utility services supplied to said premises by Lessor. 4. In consideration of the foregoing and of the benefits Lessor will derive from the operation and use of thepremises by Lessee, no monetary rent shall be charged Lessee for the use of said premises. In view of the foregoing, it is understood and agreed that this Lease is granted upon the express condition that Lessor, its officers, agents and employees , shall be` free from any and all liability and claims for damages by reason of any injury to persons or property from any cause or causes whatsoever , in any way connected with the use or condition of said premises. Lessee shall indemnify and save Lessor, its officers, agents and employees, harmless from any and all liability, loss, cost or obligation on account of or arising out of any such injury or loss, however occurring. Lessee shall furnish to Lessor evidence of its public liability insurance in a form satisfactory to the City Attorney of Lessor, in which Lessor, 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 ten (10) days prior to any cancellation or reduction in coverage of such insurance! 5 . Should Lessee breach any of the conditionsl of this Lease or fail to carry out its terms to the fullest, Lessor 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 waive II of such -3- conditions, covenants or agreements, and the right ofitermination shall remain in full force and effect unless 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. 6. 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 . business. 7. Lessor or its agents shall have the right, on reasonable occasions, to enter into any part of the demised premises to ascertain and inspect their condition. 8. Lessee shall not discriminate against any persons on the grounds of race, color, national origin, age, sex, religion or handicap. 9. Should Lessor be compelled to resort to legal action to obtain possession or to enforce any of the covenants of this Lease, Lessee shall pay reasonable attorney' s fees therefor and all other damages which Lessor may suffer. 10. Any notice or demands that may be given or made by either party hereunder, including notice of default and termi- nation, shall be deemed to have been fully and properly given when made in writing and enclosed in a sealed envelope and deposited in the United Stated Post Office with postage prepaid, addressed as follows, to-wit: To Lessor at 760 Parkvielw Avenue, Redding, California 96001; and to Lessee at Post Office Box 1988, Redding, California 96099. -4- . . • . . • 1r . 11. It is expressly covenanted and agreed that Lessee has inspected the premises and accepts them in an "as is' condition. Any and all maintenance of the building and of the demised premises as described in Paragraph 1 hereof shall be at the sole cost and expense of Lessee. 12. 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 demisedipremises should come into possession and control of any trustee in bankruptcy, or 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 forthwith terminate this Lease and to re-enter said demised premises and take possession thereof. In no event shall this Lease be deemed an asset of the Lessee after adjudication in bankruptcy. 13. Lessee shall not, without the previous consent in writing of Lessor, assign this Lease or any interest therein, or underlet or sublet the whole or any part of said premises. Any purported assignment, either direct or by operation 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 shall not be a consent to any subsequent assignment, but the prohibition against assignment -5- • . 111 411 f without consent shall continue in force as against any assignee. 14. Lessor shall have the right to post notices on said II leased premises of non-liability under and pursuant to the laws of the State of California for any work done on said premises, and Lessee agrees to notify Lessor in writing immediately that any work, at any time, is commenced on said premises. 15. Lessee agrees that it will not commit any waste on said premises or any public or private nuisance thereon. 16. 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 hereto. 17. Lessee shall pay any and all possessory interest taxes levied by the County Assessor of Shasta County, arising out of its use of the demised premises. 18. Time is of the essence of this Lease and of each and every provisions thereof. 19. 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 //// //// -6- III 411 the City Clerk at least sixty (60) days prior to, the last day of February in any Lease year. IN WITNESS WHEREOF, the parties hereto have hereunto executed these presents the day and year in this Lease first above written. CITY OF REDDING By: HOWARD D. KIRKPATRICK', Mayor SHASTA-CASCADE WONDERLAND ASSOCIATION, INC. 1 By: / II&I/-4L-+ Set, T-� II B III _A,J. • l'' ,.. , it c ,, tL ,t-' ATTEST: 1117 ETHEL A. NICHOLS, City Clerk rFORM PPROVED: RA DALL A. HAYS, ity Attorney -7-