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HomeMy WebLinkAboutReso. 1986 - 086 - Conditionally approving the sub-lease between charles c young III and national car rental for premises located at the redding municipal airport . ! • RESOLUTION NO. ¢G g6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING CONDITIONALLY APPROVING THE SUB-LEASE BETWEEN CHARLES C. YOUNG III AND NATIONAL CAR RENTAL FOR PREMISES LOCATED AT THE REDDING MUNICIPAL AIRPORT, 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 Sub-Lease between Charles C. Young III and National Car Rental for premises at the Redding Municipal Airport on the condition that the Sub-Lease be modified to contain the following conditions: a. Sub-Lessee shall furnish to the City of Redding a Certificate of Insurance acceptable in form to the City Attorney ' s office, naming the City of Redding, its officers , agents , and employees as additional insureds, and further providing that the City of Redding will be mailed 10 days ' written notice of any cancellation of said insurance. 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 6-- 6' • • i 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 3. A true copy of the Sub-Lease 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 the City of Redding on the 21st day of April , 1986 , 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 /C 4 r)/(-(-7/(A--/-13 LEE D. FULTON, M.D. , Mayor City of Redding ATTEST: /; ETHEL A. NICHOLS, City Clerk FORM kjPROVED: RA ,DALL A. HAYS, City Attorney -2- LEAK THIS LEASE, made and entered into this VT day of. AA:211--- 19 gL,-, _ by and between CHARLES C. YOUNG III, as resident of CCY3, Inc. as LESSORS and NATIONAL CAR RENTAL as LESSEES; Said Lessors do hereby rent and lease to said Lessees and said Lessees do hereby rent and lease from said Lessors the following described p emlses •• situated in the City of Redding, County of Shasta, State of California, more • particularly describec as follows to-wit: • The premises described in Exhibit A. Said lease is made upon the following terms and conditions: 1. TERM: The term of this lease shall commence Ito I , .190C and shall continue to Apri] -0,191a. 2. DUTY OF LESSORS: Lessors warrant that all repairs as set forth herein will be made timely. 3. DUTY OF LESSEES: Lessees shall be responsible for rental at the rate of Three Hundred Dollars ($300.00) per month, payable on the first day of each month of the lease term or any extension thereof. Lessee is aware that this agreement Is subject. to the approval of the City of Redding and agrees to perform, within reason, the .City of Redding's subletting procedure. Prior to this approval, the rental of said premises shall be month-to-month. Disapproval by the City of Redding or its agents shall void this and any expressed or implied contract. 4. USES: The leased premises shall be used solely for the purposes of car rental and related activities. 5. SIGNS: Lessee shall be privileged to erect such signs and advertising media as may be required, subject to first securing the approval of the City of Redding Airports Manager and Lessor. 6. CONFORMANCE TO LAW: The Lessees, in carrying on and conducting business upon said premises, shall comply with and conform td all laws, ordinances and regulations governing the conduct. of such business. - - . ?. INSPECTION: •Lessors, or their agent, shall !. the right at all times during the existence of this Lease, or any renewal thereof, to enter Into any part of said premises to ascertain its condition, and to do any acct or thing required by Lessees to be done in respect to which they may be in default, and for any other purpose incidental to the rights of the Lessors. 8. PAYMENT OF RENT: Lessees agree to pay said rent to Lessor at the 'times and in the manner herein provided without any deduction thelefrom whatsoever, and free of any and all claims and demands against said Lessors of any kind or character. 9. UTILITIES: Lessees shall pay for all utilities furnished to the premises and shall carry same in their names. 10. SUITABILITY: By entry hereunder, 'the Lessees acknowledge that the said premises and every part thereof, are suitable for their•purposel>, and that on the last day of said term, or any renewal thereof, or other sooner termina- tion of this Lease, the Lessees shall peaceably and quietly leave, surrender and yield up to the Lessors all and singular the said premises, with the said appurtenances and fixtures in good order and condition and repair, rleasonabie • use and wear thereof and damage by acts of God'or by the elements excepted. 1 I. MAINTENANCE: The Lessors shall maintain and keep said preImises in good repair and condition at their sole cost and expense, including landscape. • 12. PUBLIC LIABILITY INSURANCE: The Lessees shall, during the full term of this Lease, or any renewed term thereof, maintain public liability and property damage insurance in a responsible insurance company acceptable to Lessors and in the amount of not less than One Hundred Thousand Dollars II ($100,000.00) for one person and Three Hundred Thousand Dollars ($300,000.00) for more than one person in one accident, and Twenty--Five Thousand Dollars ($2.5,000.00) property damage. The Lessees s all furnish Lessors a certificate �h'�' of such insurance. Lessees further agree to provide a copy of this Lease to Its insurance agent and require that Lessees be named insured under the. public liability insurance policy. 13. INDEMNIFICATION OF LESSORS: Lessors shall not be liable for any destruction of or any injury to any goods, wares, merchandise, furniture, • - 2 - • property or effects in or upon said demised prem.lses byPason of damage caused by gas, sewage, defective electric wires, gas pipes, water ipes, refrigeration pipes, tanks, drains or fire or for any injury to any person or persons in or about said demised premises during the term of this Lease, or any renewed term thereof, nor shall the said Lessors, their successors pr.assigns he liable for any injury to the property or to the said Lessees for ca 'uses mentioned herein, or to its patrons or to third persons, during the slid term, or any renewed term thereof, by reason of the occupation and enjoyment of said premises by the said Lessees. Lessees further agree to indemnify alInd hold Lessors harmless from any damages to personal property,Teal propIeIrty or personal injury as a result of the leasing of the aforesaid premises by the negligence of Lessees, their agents, servants and employees in accordance with this paragraph. said premises provided such alterations do notstiy_c_ti_try---Sirt71; soundness of the building. Any or alterations shall bIle at the sole cost and erzwily-tifThe Lessees and shall become at once a pat of the 15. FREE FROM LIENS: The Lessees agree to keep said premises free from all liens and encumbrances whatever, including mechanics liens and the Lessors shall have the right to enter said premises at any time for the purpose of posting any notices of non-responsibility that they desire. 16. DEFAULT: This Lease shall be deemed forthwith terminated on the failure of the Lessees to comply with any lawful notice given by the Lessors to pay rent or to quit the demised premises, and the Lessees hereby agree that it, or any mortgagee of the term, or any person interested in the contiuance or the term, shall never make application for relief under Section 1 179 of the Code of Civil Procedure of the State of California, 17. BREACH OF COVENANTS: The said Lessees, paying the rent and performing the covenants herein specified, shall and may peaceablyII and quietly hold and enjoy the said premises for the term aforesaid, or any renewal • - 3 . thereof, but If any ren• due and unpaid, or if default sold be Trade in any Of the covenants or agreements herein contained on the part of .the Lessees, it shall be lawful for the Lessors to re-enter the said premises and to remove all persons therefrom, or said Lessors may elect to exercise any legal for equitable right accruing to them as the result of such breach. 18. BANKRUPTCY: If the Lessees shall be adjudged bankrupt, el her by voluntary or involuntary proceedings, or shall attempt to stay the ¶iforcement • of obligations against them in the form of reorganization or otherwise under and pursuant to any existing or future laws of the Congress of the United States, Including any proceedings under Chapters Ten and/or Eleven of the Bankruptcy Laws, or if the Lessees should discontinue business or fail in business or abandon or vacate said premises or make an assignment) for the benefit of creditors, or if said demised premises come into the possession and control of any trustee in bankruptcy, or if any receiver should be appointed in • any action or proceedings with power to take charge, possession, control or care of said demised premises, the Lessors shall have the option to forthwith terminate this Lease and to re-enter the said demised premises and take possession thereof. In no event shall this Lease be deemed an asset for the Lessees after adjudication in bankruptcy. 19. EXECUTION: in the event an execution is levied on the inter Irt. of the Lessees in the premises herein, this Lease shall, at the option of the Lessors, be forthwith terminated. 20. EMINENT DOMAIN: In the event proceedings in eminent domalln are instituted to condemn said premises, or in the event that said premi ses are purchased by a public agency for public use, this Lease shall be forthwith terminated and cancelled and both parties relieved from further liail�illty ►I hereunder. Any unused nused re . i shall be returned eo the Lessees and the Lessees shall not share in any payments made pursuant to such eminent domain ' proceedings. The Lessees shall be entitled to any compensation aw1lyded for- merchandise, fixtures and other property owned by them which it would be entitled to remove at the end of the term. _ 4n 21 . REMOVAL OF.SONAL PROPERTY: Upon the to ation of this Lease, or any renewed :errn thereof, the Lessees shall have the right to remove all personal property placed and Installed in the premises by the Lessleest l r -d••e.i �#�"`:."�J'•�3`{1'`"�u"�,'�'i'r�c`=i 7��'i"��'1..-L.�-.rid p, ir�� �.a��y aJ �.� a,.r a1 g'..:,,�- i { �' � ��'i`�1��;:�`�`Y' i'�t`�3#� M . , p.c. �e ���alm°F��?'w�� ''�a� ".!�'t�ci�i(" �'�Ii' `dt. ��,,:` �.s°.�/a,�a.��s'�;��:'�m':i+- T1`�'�,✓EliAa.r,.). �j V 22. TRADE FIXTURES: Subject to the provisions of Paragraph JO.hereof, the Lessees shall have the right to install trade fixtures in said improlvernents so long as the same do not damage or injure the said improvements, and that upon the termination of this Lease, or any renewed term thereof, the Lessees shall be entitled to remove any trade fixtures installed by Lessees In said improve-- ments, provided, however, that in the event of such removal the Lel sees shall restore the premises to the condition in Which they existed at the time the Lessees entered into possession thereof, reasonable wear and tear thereof excepted. 23. WASTE: The Lessees shall not commit any waste on said plemises, or any public or private nuisance thereon, or any act or thing which will interfere with or iiisturh til uR t ef`l ioyment of any other person or tenant 24. NON--WAIVER OR DEFAULT: If the Lessees should default as to any of the conditions, covenants or agreements herein contained and the Lessors, breach, should not having knowledge of such take advantage of the rme, such failure on their 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 expressly .waived in writing. 25. HOLDING OVER AFTER ER T LRM: In the event the Lessees occupy said premises from and after the term of this Lease, or any renewal thereof, such occupancy shall he deemed a month-to-month tenancy, and on the same terms and conditions as herein set forth, excepting that Lessors shall give) Lessees thirty (30) days notice in writing of their intention to cancel Lessers' month- to-month tenancy. _ 5 _ 26, ATTORNEY'S OS: Should either party hereto bampelled to resort:to legal action to enforce their rights hereunder, Inc prevailing party1,1 In such legal action shall be awarded reasonable attorney's fees in such action as may be determined by the Court. 27. APPOINTMENT OF RECEIVER IN UNLAWFUL DETAINER ACTION: In the event of the filing of any action for unlawful detainer because oft'he failure of the Lessees to perform any of the terms of this Lease, the Court tritlwhich said • action is pending may appoint a receiver to take possession of saidP premises' • and operate the same pending the disposition of such action. 28. LOSS BY FIRE: In the event, that said premises are destroyed or so damaged by fire as to render the same unteriantable, Lessors shall I ot be required to rebuild or restore the same, and this Lease shall terminate. In the event of any lesser damage by fire, at Lessors' option, the premises shall be restored with all reasonable speed by Lessors and Lessees shall pay11 a reasonable rent during the period of restoration for such part of trie premises as are fit for occupancy. 29. ASSIGNMENT AND SUBLEASING: Lessees shall not assign this Lease, or any interest therein, nor sublease, nor sublet, nor underlet the said premises, • • or any part thereof. Any such assignment or subletting shall be void and shall, at the option of Lessor, terminate this Lease. • 30. HEIRS AND ASSIGNS: This Lease shall inure to the benefit of the heirs and assigns of the respective parties, subject to the provisions against. assignment hereinabove provided, and time is of the essence of this Lease. 31. AUTHORITY: Each party warrants that they have the express authority to execute this lease on behalf of Lessors by CHARLES C. YOUNG III andII on behalf of Lessees by 32. PLACE OF NOTICE: Lessees shall have their place of notice alls set forth in the premised designation. Place of notice for Lessors shall be ci Charles C. Young III, Inc., Redding Municipal Airport, Redding, California 95002. - 6 - : WITNESS i WHERE the parties have heceufto set 14111/r hands the day and P� year first hereinabove written. /(et ,rt' 1 a J� q _ • ° CHARLES C. t'OUN3 iI LessorsLP Lessee CITY OF REDDING By : II LEE D. FULTON, M.D. , Mayor ATTEST: ETHEL A. NICHOLS , City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney - 7 - . . . ' . . *., „ .• S . . .' . . . . . • • . . . ..-- .s.73..'. FRT 1.—.1...., 1r-r:::•z•A (-0- __, RCAC' :ct:).mu'Np'NI cNic,.."1::,.,%.,.... r...-..7:4- i .--,7-. 1 .........., - ‘5.117-,, 12, ,,, diA/r24:70r-''r.x.r P-2, ..... .1 .....4.____„.....„....._—__,,p ' - 1.„—rt§a-ror-c7F- a<17-4--r- • 4. Wit,001 , ---------- ---.------- T--- -- -• .- r,..na rz7,-,--..1 ,..-...-:-...- ‘1 e v —Ire-- N. ..„7„...,,..‹....7.7.;--c----7.-• \., i 1. \\k:::\\. \ \\\ -,,;,\-. N. \• \ \ \ \\''''\\N\`* :•\ N I 44•;„t tt\,,, ,s ' ,NN\\\N,.,,N ,,. 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