HomeMy WebLinkAboutReso. 1986 - 322 - Approving the agreement between the city of redding and the haven humane seciety for its new facilities on eastside road and authorizing the mayor to sign same 410
RESOLUTION NO. FIG
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND THE
HAVEN HUMANE SOCIETY FOR ITS NEW FACILITIES ON EASTSIDE
ROAD, AND AUTHORIZING THE MAYOR TO SIGN SAME.
IT IS HEREBY 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 Agreement between the City of Redding and the Haven
Humane Society, a true copy of which is attached hereto and
incorporated herein; 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 docu-
ments , when appropriate.
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 1st day of December , 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
LEE D. FULTON, M.D. , Mayor
City of Redding
ATTEST: FOR APPROVED:
ETHEL A. NICHOLS, City Clerk RA DALL A. HAY , City Attorney
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AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of
December, 1986 , by and between CITY OF REDDING, a Municipal
Corporation and General Law City of the State of California,
hereinafter referred to as "City, " and HAVEN HUMANE SOCIETY, a
Non-profit Corporation, hereinafter referred to as "Haven. "
WITNESSET H:
WHEREAS, City desires to provide for Animal Regulation
Services within the incorporated area of Redding for the purpose
of enforcing the provisions of Chapter 7 of the Redding Municipal
Code and applicable State of California laws and regulations as
they pertain to animals as herein described; and
WHEREAS, Haven is providing the services required by City to
carry out the provisions of the aforesaid legal requirements
pertaining to the regulation of animals; and
WHEREAS, Haven has performed and shall continue to perform
its regular functions of prevention of cruelty to animals (as
contemplated by Civil Code Sections 607 (e) et seq. ) , protection
of animals from suffering and fear, and promoting their welfare
by the following means , among others.
(a) By education of the public on matters concerning the
needs and care of animals;
(b) By the investigation of alleged cases of abuse or
neglect of animals and their prosecution when
necessary;
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(c) By the rehabilitation of homeless or unwanted animals
through supervised adoption placement;
(d) By the promotion of neutering to reduce the over-
population of dogs and cats; and
WHEREAS, Haven requires a new location for its operations;
and the use of certain City-owned property for the construction,
maintenance and operation of an animal welfare center is
compatible with the general plan for the geographic area and is
deemed to be in the best interests of City and its citizens; and
WHEREAS, a Negative Declaration has been prepared in
connection herewith, finding that no significant effect on the
environment is created hereby;
NOW, THEREFORE, IT IS AGREED by and between the parties
hereto as follows :
1 . Premises.
(a) Except as expressly provided to the contrary in this
Agreement, reference to "premises" is to the described
land plus any described appurtenances, exclusive of any
improvements now or hereafter located on the premises ,
notwithstanding that any such improvements may or shall
be construed as affixed to and as constituting part of
the real property, and without regard to whether
ownership of the improvements is by City or Haven.
(b) The legal description of the premises, including any
appurtenances , is included as Exhibit "A" attached
hereto and incorporated herein by reference.
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(c) A general description of the premises is attached
hereto as Exhibit "B" and incorporated herein by
reference.
2 . Term. City, for and in consideration of the covenants,
conditions and agreements herein set forth to be kept and
performed by Haven, does hereby agree, subject to all the
conditions , covenants, terms and agreements hereinafter set
forth, to permit Haven to occupy those certain premises as the
same are described in Exhibit "A" and depicted on Exhibit "B"
attached hereto and incorporated herein for all purposes, for a
term of thirty (30) years , commencing on the 1st day of December,
1986 , and ending on the 30th day of November, 2016 , except that
City may terminate this Agreement at an earlier date upon giving
written notice to Haven three (3) years in advance of its
intention to do so.
Haven may, at Haven' s option, extend the original term of
this Agreement for ten (10) additional periods of one (1) year
each, subject to all the provisions of this Agreement.
In the event that the use of the property as an animal
welfare center is discontinued as a result of unilateral termi-
nation of this Agreement by City, City agrees to pay to Haven a
sum equal to the unamortized balance of the original cost of
authorized improvements financed by Haven. Interest on this
balance shall be figured on the same basis as set forth in
paragraph 10 of this Agreement. It is agreed by Haven that the
foregoing shall be the sole obligation of City to Haven "in such
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event, and that City shall have no obligation to pay any other or
further sum to Haven for any vested interest which Haven may have
in the premises occupied herein at the time of termination of the
use of such facility as an animal welfare center.
3 . Fee. City shall provide premises to Haven at no fee,
subject to other conditions and charges stipulated in this
Agreement.
4 . Use of Premises . The premises shall be used by Haven
solely for the conduct and operation of an animal welfare center
and other activities incidental to such operation, except that
such activities do not include use as a pet cemetery. Before any
additional and supplemental activities may be engaged in, Haven
shall obtain the express written consent of City.
5. Use by Others. Haven shall not, without the previous
consent in writing of City, assign this Agreement or any interest
herein, nor allow use by others of the whole or any part of said
premises. Any purported assignment, either direct or by
operation of 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 City, work a forfeiture of this
Agreement. The consent of City to the first or any other assign-
ment shall not be a consent to any subsequent assignment. The
prohibition against assignment without consent shall continue in
force as against any assignee.
The City Council of City may permit a temporary use by
others of the whole or any part of said premises when the use by
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others has been submitted to Haven and disapproved by Haven.
Such permission by the City Council of City shall require a
finding by a four-fifths vote of its members that the public
interest requires such use by others, and shall establish the
terms and conditions on which such use shall be permitted. In no
event shall any such use by others be permitted which will
interfere with the use of said premises by Haven for the ordinary
operation of business, or without conditions being attached
thereunder which will protect the improvements and property of
Haven, and any such permission shall include provisions that hold
Haven and its members free and harmless from any public liability
arising from the use of the property or improvements of Haven.
6 . Rights-of-Way and Maintenance of Utility Lines. City
shall have the right to maintain existing electric utility pole
lines, sewer lines and water lines and the rights-of-way for same
as they now exist on said premises; City further reserves the
right to itself to use and establish such additional rights-of-
way as may be necessary in the sole judgment of City for such
further sewer, water, roadway and electric utility purposes.
7. Utilities. Haven shall pay the cost for any utility
services that are furnished to it at said premises, expressly
including, but not limited to, sewer, water, electricity, natural
gas, refuse collection, telephone , or cable television.
Sewer services will be in the form of septic tank; and water
services will be in the form of a well . These utilities are
considered to be a part of the construction costs, and will be
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financed with other improvements identified in paragraph 9 of
this Agreement.
8 . Maintenance and Repairs . Haven shall, at its sole cost
and expense, keep and maintain said ground area, improvements and
appurtenances , and every part thereof, in good and sanitary
order, condition and repair, hereby waiving all rights to make
repairs at the expense of City as provided in Section 1942 of the
Civil Code of the State of California, and all rights provided
for by Section 1941 of said Civil Code.
9. Improvements. In the construction of any improvements,
or extensions and additions to said improvements , upon the
premises , Haven shall comply with all the provisions of all
applicable laws and regulations, and shall, in addition, first
obtain the written consent of City as to the location, nature and
design of such proposed improvements before constructing or
installing same.
The design of the building shall be in accordance with the
building site and elevation plans attached hereto as Exhibit "C"
and incorporated herein by reference. Building design, materials
and workmanship shall be in such a manner as to assure a high
quality product, and shall be comparable to building materials at
the Clear Creek Sewage Treatment Plant, except that a decorative
metal enamel roof approved by City may be used. The location of
the building and all site improvements shall be in accordance
with the site plan attached hereto as Exhibit "D" and incorpo-
rated herein by reference. Haven is required to comply with the
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following requirements in the design, development and operation
of an animal welfare center upon said premises:
(a) Requirements of the Building Official and the Fire
Marshal of City are to be met.
(b) Necessary permits are to be obtained from the Shasta
County Health Department.
(c) Parking is to be improved in accordance with Chapter
18 . 62 of the City Code , providing 31 parking spaces.
(d) Fire hydrants are to be installed in accordance with
the Uniform Fire Code at such time as water mains are
installed in Eastside Road at this location.
(e) Curb, gutter and sidewalk are to be installed when this
category of improvements is installed adjacent to
Eastside Road in front of property immediately
contiguous to the premises. To provide a reasonable
degree of fire protection appliances until the water
mains and fire hydrants are installed, an early-warning
system of heat and smoke detectors tied to a 24-hour
monitored location is required. An additional required
feature shall be a reservoir of approximately 25, 000
gallons of water, with the discharge built to City Fire
Department specification.
(f) A 15-foot wide evergreen landscaped and irrigated
buffer shall be provided at the time of construction
along the Eastside Road frontage, with 15-gallon trees
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every 30 feet and other ground cover which, when
mature, will cover 60% of this area.
(g) A trash-disposal unit which meets City solid waste
enclosure standards shall be placed according to the
requirements of the City Building Official .
(h) On-site noise sources are not to cause the ambient
noise level to exceed the recommended day-night noise
levels of the City' s General Plan Noise Element.
(i) Night lighting is to be oriented so as to not glare
onto adjacent streets or residential area.
(j ) Animal runs shall drain into the septic tank system.
(k) All trees with a diameter of six inches (6") or greater
shall be retained.
(1) The riparian habitat along the south and east lines per
Exhibit "A" shall not be disturbed.
(m) Six-foot high masonry block walls shall be installed in
order to contain noise emanating from the outside
"runs. " Said walls shall be architecturally compatible
with the building.
(n) The septic system shall meet the requirements of the
Shasta County Health Department.
(o) The facility shall be located at the southwest corner
of the described area, and shall maintain a minimum
setback from the south property line of 20 feet.
(p) Prior to the commencement of construction, City,
through its Board of Administrative Review, shall
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approve the final site plan and building elevations,
including exterior materials and colors, landscaping
and fencing.
(q) All applicable permit fees, plan checking fees ,
construction taxes, and other development fees and
charges shall be included in the cost of improvements,
except that the payment of water and sewer connection
charges shall be deferred until the time of actual
connection to these utilities.
10. Financing Improvements. Haven shall provide Three
Hundred Fifty Thousand Dollars ($350, 000 . 00) toward the initial
cost of financing the improvements depicted on Exhibits "C" and
"D" attached hereto. City shall provide an amount not to exceed
Three Hundred Fifty Thousand Dollars ($350, 000 . 00) for the
balance of the cost of improvements. City' s contribution shall
bear interest at the prime rate computed semi-annually on
January 1 and July 1 , using the rate in effect on those dates.
The interest as calculated shall be added to the capital
contribution made by City. The prime rate, as defined in this
Agreement, will be that rate published daily in the Wall Street
Journal under the heading Money Rates.
Subsequent improvements to the premises shall be approved by
City, and shall be installed and financed by Haven, and will be
included in amortized increments of the total cost of
construction, with the provision that improvements over Two
Thousand Dollars ($2 ,000. 00) are subject to written approval by
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the City Manager of City. Improvements over Five Thousand
Dollars ($5 , 000. 00) shall be subject to approval by the City
Council of City.
Financing provided by City for improvements shall be made to
Haven in four (4) equal installments . The first installment
shall be paid when the architect for the project certifies that
the project is 25% complete; the second installment shall be paid
upon certification by the architect that the project is 50%
complete; the third installment shall be paid when the architect
certifies that the project is 75% complete; and the final payment
shall be made when the architect certifies that the project is
100% complete.
Financing, including interest, provided by City shall
constitute a prepayment to Haven for future services to be
provided to City by Haven in the form of the use of the
facilities of Haven.
11 . Bidding and Construction. Construction of improvements
shall be the responsibility and obligation of Haven. Haven shall
enter into all construction contracts. Change orders shall be
approved by Haven. Haven shall consult with City concerning
other than routine change orders . Haven is obligated to comply
with applicable federal, state and local agency legal
requirements.
12 . Reimbursement of City Financing. In the event that
Haven provides contract services solely to City, funds provided
by City under this Agreement for the construction of improvements
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to premises shall be amortized over the term of this Agreement.
This amortization shall take place by Haven calculating the
percentage of the facilities owned by Haven which are dedicated
to use for City. This percentage shall be multiplied against the
annual amount of capital cost to be amortized by Haven. The
annual amount of capital cost to be amortized shall be calculated
by the straight-line method for a 30-year period. The dollar
figure that is the result of the stated multiplication shall be
offset against the amount of capital provided by City for
construction plus interest as set forth in paragraph 10 of this
Agreement.
In the event that Haven enters into a contract or other
agreement to provide services at said premises to any person,
local agency or other entity other than City, a cost element for
those services must include an increment for the amortization of
the total capital costs of the facility. This cost element shall
be calculated in the same manner as that of City. Fifty percent
(50%) of the resultant dollar figure shall be reimbursed to City
in monthly increments as a credit against City' s payment to Haven
under its contract for animal control services.
In the event that Haven enters into a contract or other
agreement to provide services at said premises to any person,
local agency, or other entity other than City, a cost element for
those services must include an increment for reimbursement to
City for its share of the capital costs of the facility. This
capital cost shall include the fair market value of the land
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which has been established at Ninety-three Thousand Five Hundred
Dollars ($93 , 500. 00) , plus interest at the prime rate computed in
accordance with paragraph 10 of this Agreement, and City' s
contribution for improvements plus interest at the prime rate.
These funds will be reimbursed to City in monthly increments as a
credit against City' s payment to Haven under the contract for
operational expenses.
13. Buyout Option. At any time during the term of this
Agreement, or upon the termination of this Agreement, Haven has
the right to purchase the property owned by City, or to pay off
the capital cost contributed by City and not yet amortized, or
both.
A. In the event Haven opts to purchase the land, it shall
give City ninety (90) days ' written notice of its
intention to purchase. The price which Haven shall pay
for the property shall be the fair market value of the
land as determined subsequent to the notification given
by Haven to City of its intent to purchase. Subsequent
to the receipt of notice by City:
(i) if the parties can agree upon one MAI
appraiser, a fair market value appraisal
shall be prepared by the MAI appraiser
mutually agreed to by the parties , and the
cost of said appraisal shall be borne 50% by
City and 50% by Haven. The fair market value
established by said appraisal shall
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constitute the fair market value to be paid
by Haven; OR
(ii) If the parties cannot mutually agree on an
MAI appraiser, each party shall cause a fair
market value appraisal to be prepared by an
MAI appraiser, with each party bearing its
own costs of appraisal . The resultant two
appraisals shall be added together and
divided by two (2) . The answer resulting
from that mathematical process shall
constitute the fair market value to be paid
by Haven.
Upon notification of the purchase price , Haven shall
make payment in lawful money of the United States to
City within forty-five (45) days of such notification
through an escrow with a mutually-agreeable title
company. Escrow shall be deemed to be opened under
this paragraph on the date the escrow number is
obtained. Within thirty (30) days after the opening of
escrow, the entire purchase price, in cash, shall be
deposited in the escrow. Title insurance, if desired
by Haven, shall be paid for by Haven. Transfer taxes
and recording fees on the deed, should there be any,
shall be paid by Haven. Charges of escrow and all
other closing costs shall be paid equally between the
parties.
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B. Should Haven opt to only pay off the capital contri-
bution advanced by City, it shall give City ninety (90)
days ' written notice of its intent to do so. Prior to
the expiration of the 90-day period, Haven and City
shall agree to a dollar figure which represents the
unamortized portion of the capital contribution
advanced by City plus interest, calculated as set forth
in paragraph 10 of this Agreement. This amount shall
bear interest pursuant to paragraph 10 until the amount
is paid off by Haven pursuant to an agreement to be
entered into within the 90-day notice period.
C. Should Haven opt to both exercise its option to
purchase the land and to pay off the unamortized
capital contribution of City simultaneously, Haven
shall give City ninety (90) days ' written notice of its
intent to do so. The procedures set forth regarding
the respective elements of Haven ' s option shall be
followed concurrently in the event of simultaneous
notice.
14 . Unlawful Use. No building, structure or improvement of
any kind shall be erected, placed upon, operated or maintained on
the described area, nor shall any business or operation be
conducted or carried on therein or thereon in violation of any
ordinance , law, statute, bylaw, order or rule of the governmental
agency or agencies having jurisdiction thereover.
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15 . Insurance. This Agreement is entered into upon the
express condition that City, its officers , agents and employees,
shall be free from any and all liability and claims for damages
for personal injury, death or property damage, in any way
connected with Haven ' s activities on or upon said premises,
including claims of Haven, its officers, agents, employees or
members.
16. Indemnification.
(a) Haven shall indemnify and save harmless City, its
officers, agents and employees from any and all
liability, loss, cost or obligation on account of or
arising out of any injury, death or loss caused by the
negligence or other legal fault of Haven or its
officers, agents, employees or members.
(b) Haven shall procure and maintain at all times during
the term of this Agreement, at its sole cost and
expense, public liability, bodily injury and property
damage insurance of not less than $500 , 000. 00 for each
occurrence, with an aggregate of $1 , 000 ,000 . 00 per
occurrence. Evidence of such insurance shall be filed
with the City Clerk and approved by the City Attorney
of City, and shall name City, its officers , agents and
employees, as additional insured, and shall guarantee
City at least ten (10) days ' written notice before any
cancellation of or reduction in such insurance.
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(c) Haven shall procure and maintain at all times during
the term of this Agreement, at its sole cost and
expense , fire and multi-peril insurance in the amount
of the actual replacement value of the improvements.
Haven shall be named loss payee under such insurance.
Should the improvements suffer a loss which results in
recovery and payment to Haven under this insurance
coverage , Haven shall use such funds to repair or
rebuild the improvements to its condition precedent to
the event which occasioned the loss.
(d) If Haven commits, permits, or causes the conduct of any
activity, or the bringing or operation of any
equipment, on or about the premises which creates
unusual hazards, Haven shall, on notice of demand from
City, promptly procure and maintain in force, during
such activity or operation, insurance sufficient to
cover the risks represented thereby. City ' s demand for
unusual hazard insurance shall not constitute a waiver
of City' s right, if City would otherwise have that
right, to demand the removal , cessation, or abatement
of such activity or operation.
(e) Other insurance in amounts from time-to-time reasonably
required by City against other insurable risks shall be
required if, at the time requested, they are commonly
insured against for premises similarly situated and
containing comparable improvements .
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Haven may procure and maintain at its own cost and
expense any insurance not required by this Agreement,
but all such insurance shall be subject to all other
provisions of this Agreement pertaining to insurance
and shall be for the mutual benefit of City and Haven.
17. Inspection and Notice. Insofar as the same may be
necessary for the protection of City' s rights, City or its agents
shall, at any and all times , have the right to enter upon and
inspect the ground area and improvements used by Haven, and any
and every structure or improvement erected or constructed or in
the course of being erected or constructed, repaired, added to,
rebuilt or restored thereon; and also to serve , or to post and
keep posted thereon, or on any part thereof, any notices provided
in Section 1183 . 1 of the Code of Civil Procedure of the State of
California, or any other section of the Code of Civil Procedure
of the State of California, or any other notice or notices that
may be at any time required or permitted by law.
18 . Bankruptcy or Insolvency. If Haven shall be adjudged
bankrupt, either by voluntary or involuntary proceedings, or if
Haven should be the subject of any proceedings to stay the
enforcement of obligations against it in the form of reorgani-
zation or otherwise under and pursuant to any existing or future
laws of the Congress of the United States, or if Haven 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
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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 real property,
City shall have the option to forthwith terminate this Agreement
and to re-enter the real property and take possession thereof.
In no event shall this Agreement be deemed an asset of Haven
after adjudication in bankruptcy.
19. Services to the Public. Haven shall have the privilege
to refuse service to any person or persons for just cause in
relation to its activities upon the premises , but Haven shall not
discriminate in such activities upon the premises as are open to
public participation by virtue of race, color, creed, sex, or
national origin.
20. Maintenance. As an additional consideration for the
execution of this Agreement by City, Haven expressly agrees to
maintain the premises and all improvements thereon during the
entire term of this Agreement, unless terminated sooner with the
consent of City, in as good condition as the premises are in at
the conclusion of the construction of the improvements in
accordance with the approved plans and specifications, reasonable
wear and tear excepted. Such maintenance shall expressly include
a regular and consistent program of repainting and renovation and
prompt repair of any damaged portions of the improvements which
Haven has installed.
21 . Taxes . Haven agrees to pay promptly all taxes and
assessments which shall be assessed upon any real or personal
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property owned by Haven, or in which Haven has a beneficial
interest, to the extent of Haven' s interest therein as such
interest may appear at the time when said taxes or assessments
become due or payable under any levy or assessment by any legally
authorized governmental agency.
22. Material Breach. Upon written notice from City to
Haven that Haven is committing a material breach of a term or
condition of this Agreement, Haven shall forthwith cure such
breach. In the event that Haven has not cured such breach of a
term or condition of this Agreement within thirty (30) days
following the mailing of such written notice to Haven by City,
City shall have the right to enter and take over the demised
premises and exclude Haven therefrom.
23. Notices. Any notices or demands that may be given by
either party hereunder, including notice of default and notice of
termination, 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 States Post Office with postage prepaid,
certified mail , addressed as follows: To City c/o City Manager,
City Hall, 760 Parkview Avenue, Redding, California 96001; and to
Haven at Post Office Box 2202 , Redding, California 96099 .
24 . Removal of Improvements. Haven shall have the right to
remove , at the termination of this Agreement for any cause, any
improvements installed by it on said premises, and such improve-
ments shall be removed by Haven within a reasonable time if the
termination is prior to the expiration date of this Agreement,
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provided that City ' s contribution to the cost of these improve-
ments , plus interest, have been reimbursed to City. In the event
the termination is at the expiration date of this Agreement, such
improvements shall be removed within ninety (90) days of the
expiration date. City shall have the right to insist that any of
such improvements are removed at the time specified in this
paragraph. Haven, in removing improvements, shall do so in such
a way as not to damage any portion of the premises , and Haven
agrees to leave said premises in a good, clean condition.
25. Waste. Haven agrees that it will not commit any waste
on said premises , nor any public or private nuisance thereon.
26. Binding Agreement. The provisions and conditions of
this Agreement shall be binding upon and inure to the benefit of
the successors-in-interest and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
CITY OF REDDING
By:
LEE D. FULTON, M.D. , Mayor
HAVEN HU ..1E SOCIETY
By: _/_I e Al r I / , _
ATTEST: FORM PPROVED:
ett4--"ee-er. ef-)040.-,
ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS/City Attorney
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A1P
EXHIBIT A
LEGAL DESCRIPTION
Portion of APN 50-040-07.
All that portion of Section 31 of the P.B. Reading Grant, Shasta
County, California, described as follows:
Commencing at the most northerly corner of that 11. 37 acre parcel
as shown on that certain map recorded in Book 2 of Land Surveys
at Page 53 , Shasta County Records. Thence South 41 degrees 36 '
0" on and along the westerly boundary of said parcel, 80.67 ' to
the point of beginning. Thence running the following bearings
and distances:
Continuing on said boundary, South 41 degrees 36 ' 00" West
284. 33 ' ; Thence leaving said boundary, South 48 degrees 24' 00"
East 100.00 ' ; Thence South 41 degrees 36 ' 00" West 230.00' to a
point on the northerly R/W line of Eastside Road; Thence South 48
degrees 24 ' 00" East on and along said R/W line 482. 69 ' ; Thence
leaving said R/W North 41 degrees 36' 00" East 59.23 ' ; Thence on
a 100. 00 ' radius curve to the right through a central angle of 47
degrees 30 ' 00" an arc length of 82.90' ; Thence North 89 degrees
06 ' 00" East, 186.98 ' ; Thence North 86 degrees 46 ' 00" East
262.77 ' ; Thence North 57 degrees 07 ' 00" West, 178. 47 ' ; Thence
North 41 degrees 10 ' 00" West, 769.05' to the point of beginning,
containing 7 .62 acres.
Excepting therefrom a 10-foot by 482.69-foot strip of land lying
on the westerly portion of said parcel and fronting on Eastside
Road.
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