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HomeMy WebLinkAboutReso. 1986 - 218 - Approving the lease agreement between the city of redding and the shasta county chapter american red cross and authorizing the mayor to sign same • S RESOLUTION NO. FL").( A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING AND THE SHASTA COUNTY CHAPTER, AMERICAN RED dROSS, 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 between the City of Redding and the Shasta County Chapter, American Red Cross; 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, 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 111 • the City of Redding on the 2nd day of September , 1986, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Dahl , Johannessen, & Fulton NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Gard ABSTAIN: COUNCIL MEMBERS: None LEE D. FULTON, M.D. , Mayolr City of Redding ATTEST: &•moi a ETHEL A. NICHOLS, City Clerk FORM APPROVED: 4RAN ALL A. HA S, City Attorney ISI -2- 111 111 LEASE THIS LEASE AGREEMENT made and entered into this 49th day of August , 1986, by and between the CITY OF I REDDING, a municipal corporation incorporated under the general laws of the State of California located in the County of Shasta, hereinafter referred to as "Lessor, " and the SHASTA COUNTY CHAPTER, AMERICAr RED CROSS, a non-profit corporation, hereinafter referred to as "Lessee"; WITNESSETH: WHEREAS, Lessor owns certain premises at 844 Parkview . Avenue, Redding, California which are not needed for municipal' purposes; and WHEREAS, Lessee has need for office ' space to carry en • Lessee' s non-profit charitable activities. • NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1 1. Term. Lessor, for and in consideration of the covenants, conditions, and agreements herein set forth to be kept and performed by Lessee, does hereby grant.,, demise ai and lease unto Lessee, subject to all of the conditions, covenants, terms, and agreements hereinafter set forth, those certain premises known as 844 Parkview Avenue, Redding, California for a term of one (1) year commencing April 1 , 1986, and ending Marcih 31, 1987. • 2. Rentals Lessee shall pay to Lessor an annual' rental of Six Hundred Dollars ($600. 00) payable in monthly installments of Fifty Dollars ($50 . 00) , in advance on the first day of each. month • during the term hereof to cover the cost to Lessor oaf providing water service, building maintenance, and insurance coverage on the demised premises. 3. Use of Premises. The premises shall be used by Lessee for the normal and customary charitable and non-profit activities traditionally associated with the Shasta County Chapter of the American Red Cross and no other purpose. In connection with such use, it is covenanted and agreed that Lessee will confine its use during the term of this lease to the daylight hours of Monday through Friday of each week, although occasional evening use shall not constitute a breach of this agreement. 4. Utilities. Lessee shall pay for all electric energy used in the demised premises in accordance with the metered record of such use as maintained by Lessor and in accordance with Lessor' s established charges for commercial use of electrical energy. Lessee shall also promptly pay any and all, telephone utility charges incurred by Lessee upon the demised premises. 5. Maintenance. (a) By entry hereunder Lessee accepts the premises as being in good condition and repair, and shall, upon termina- tion of this Lease or earlier cancellation hereof, leave said premises in as good a condition and repair as the same are now, reasonable use and wear thereof excepted. (b) Lessee shall maintain the interior of said premises and make any and all necessary repairs thereto during the term of this lease. -2- • • (c) Lessee shall be responsible for and shall make any and all necessary repairs or replacement of exterior windows or other glass within said premises. (d) Lessee shall provide and maintain any and all heating or cooling units or other electric appliances required by Lessee in the use of said premises. (e) Lessee shall furnish and provide its own janitorial services to maintain the interior of said premises in a neat and clean condition at all times. (f) Lessor will maintain, in good condition and repair, the exterior walls and roof of said premises, but shall not be responsible in any way to keep and maintain the interior of said premises. 6. Improvements. Any alteration of said premises by Lessee shall first require the written approval of Lessor and shall be at Lessee' s sole cost and expense. • 7. Property of Lessee. Fixtures , equipment, and personal property of Lessee shall be removed by Lessee within a' reasonable time after termination or earlier cancellation of this Lease; provided, however, that any fixtures which cannot be removed without damaging said premises shall become the property of Lessor. I 8. Insurance. (a) This Lease is granted upon the express condition that Lessor, its agents, officers, and employees, shall be free from any and all liability and claims for damages for personal injury, death or property damage in any -3- • • way connected with Lessee ' s activities at staid demised premises, including claims of Lessee, its officers, agents or employees. Lessee shall indemnify and save harmless Lessor, its agents, officers and ' employees, from any and all liability, loss, cost or obligation on account of or arising out of any such injury, death or loss caused by the negligence or other legal fault of Lessee or its agents, officers or employees. (b) Lessee shall procure and maintain at all times during the term of this Lease, at its sole cost and expense, public liability insurance in the sum of $100,000. 00 for each person, and the sum of $300,000. 00 for two or more persons, and property damage insurance in the sum of not less than $25, 000. 00 . Evidence of such insur- ance shall be filed with the City Clerk of , Lessor and shall contain a hold harmless provision on behalf of Lessor, its agents, officers and employees, in accordance with subparagraph (a) above; provided, however, that Lessee shall not be liable for any damages occasioned by the sole negligence of Lessor, its agents , officers or employees. Such insurance shall name Lessor as an additional insured and, further, shall contain a provision which obligates the insurance carrier to notify Lessor in writing at least ten (10) days prior to any cancellation or reduction in coverage of such insurance. --4- • • 9. Assignment. This Lease shall not be assigned by Lessee nor shall Lessee authorize or permit any person or persons to use said premises without first obtaining the approval of Lessor. 10. Rules and Regulations. Lessee shall comply with all governmental rules and regulations now in effect, or which may hereafter be enacted. 11. Inspection. Lessee shall permit Lessor to inspect said premises at all reasonable times during the term hereof. 12. Cancellation. This Lease may be cancelled by the City Council of Lessor at any time during the term of this , Lease upon giving Lessee thirty (30) days' advance notice in writing of such cancellation, if subject space is required for municipal use. 1 13. Administration by Lessor. Whenever Lessee is required to secure approval or consent of Lessor under this Lease, "Les- • sor" shall mean the City Manager of the City of Reddii1g. At the option of the City Manager or Lessee, however, any such question 1 may be referred to the City Council of the City of Redding, whose decision thereon shall be final. 14. Bankruptcy or Insolvency. If Lessee shall be adjudged bankrupt, either by voluntary or involuntary proceedings , or should be the subject of any proceedings to stay the enforcement of obligations against it in the form of reorganization or otherwise under and pursuant to any existing or future laws of the Congress of the United States , or if Lessee shall discontinue business or fail in business or abandon or vacate ` said real property or make an assignment for the benefit of creditors , or if said real property should come into possession and control of -5- 111 • • any trustee in bankruptcy, or if any receiver should bp appointed in any action or proceeding with power to take charge, possession, control, or care of said property, Lessor shall have the option to forthwith terminate this lease, reenter the property and take possession thereof. In no event shall this Lease be deemed an asset of Lessee after adjudication in bankruptcy. 15. CEQA. It has been previously determined that this matter is not subject to the provisions of CEQA. IN WITNESS WHEREOF, the parties hereto have executed this Lease agreement on the day and year first above written. CITY OF REDDING By LEE D. FULTON, M.D. , Mayor City of Redding SHASTA COUNTY CHAPTER, AMERICAN RED CROSS • r U ' B 0 ' ,l, L� / �fLf .Ll its J� ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney -6-