HomeMy WebLinkAboutReso. 1990-442 - Approving Lease of a 0.98-Acre Parcel Adjacent to the Lake Redding Golf Course Leah F. McConnell RESOLUTION NO. 9a-y//
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE LEASE OF
A 0 .98-ACRE PARCEL ADJACENT TO THE LAKE REDDING GOLF COURSE
ENTERED INTO BETWEEN THE CITY OF REDDING AND LEAH F.
McCONNELL.
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 Lease between the City of Redding and Leah F.
McConnell on a 0.98 acre-parcel adjacent to the Lake Redding Golf
Course, a true copy of which is attached hereto and incorporated
herein by reference.
2 . That the Mayorof the City of Redding is hereby
authorized and directed to sign said Lease on behalf of the City
Council 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 thereto.
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 4th , day of 'September , 1990 , and was
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duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness,\Fulton, Moss & Buffum -
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS:. None.
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LEAIE
THIS LEASE, made and entered into this day of
, 1990, by and between the CITY OF REDOING, a
municipal corporation and general law city, hereinafter referred
to as "Lessor, " and LEAH F. McCONNELL, an unmarried woman,
individually, hereinafter referred to as "Lessee,"
WITNESSET H:
That for and in consideration of the rents, covenants
and agreements herein contained, Lessor does hereby lease,
demise, and let unto Lessee that certain real property described
on "Exhibit A" and depicted on "Exhibit B, " hereinafter referred
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to as the "Premises, " attached hereto and by this reference made
a part hereof.
This Lease shall be for a period of ten (10) years,
commencing on October 1, 1990, and terminating on September 30,
2000, for a total rent of Ten Dollars ($10.00) per year, payable
on or before October 1 of each year during the term of this
Lease, commencing on October 1, 1990.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD, STIPULATED
AND AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO WIT:
1. Subject to the restrictions and reservations
herein contained, Lessee, paying the rent and performing the
covenants herein specified, shall and may peaceably and quietly
hold and enjoy the Premises for the term aforesaid, but if any
rent be due and unpaid, or if default should be made in any of
the covenants or agreements herein contained on the part of
Lessee, it shall be lawful for Lessor to re-enter the Premises
and remove all persons therefrom, or Lessor may elect to exercise
any legal or equitable right accruing to it as a result of such
breach.
2. That if Lessee should default as to any of the
conditions, covenants, or agreements herein contained, and
Lessor, having knowledge of such breach, should not take
advantage of the same, such failure on its 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, nor shall
the right to give or withhold consent in any case be deemed to be
waived on account of a prior waiver thereof.
3. That Lessee, in carrying on and conducting
business upon the Premises, shall comply with and conform to all
laws, ordinances and regulations governing the conduct of such
business.
4 . That Lessor, or its agents, shall have the right
on reasonable occasions to enter into any part of the Premises to
ascertain and inspect their condition.
5. These Premises shall be used by Lessee solely for
purposes related to the operation of the Lake Redding Golf
Course, and for no other purpose.
6. That Lessee agrees to pay the rent to Lessor at
the time and in the manner herein provided without any deductions
therefrom whatever, and free and clear of any and all claims or
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demands against the Lessor of any kind or character and this
provision shall be deemed to apply to any renewed term thereof.
7 . That Lessee shall pay the cost of any extensions
required to serve the leased Premises with any utilities and in
addition thereto, Lessee shall pay the cost for any utility
service that is furnished to the Premises.
8. That this Lease shall be deemed forthwith
terminated on the failure of Lessee to comply with any lawful
notices given by Lessor to pay rent or quit the Premises.
9. That time is of the essence of this Lease and of
each and every provision thereof.
10. That 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.
11. That 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,
addressed as follows, to wit: To Lessor at 760 Parkview Avenue,
Redding, California 96001; and to Lessee at P. O. Box 930,
Redding, CA 96099.
12 . 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 Premises shall be at
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the sole cost and expense of. Lessee. If Lessee desires to place
any improvements on the subject Premises, or to demolish and
remove any existing dilapidated and substandard improvements,
Lessee covenants and agrees that she will first obtain the
consent in writing of Lessor as to any such improvement,
alteration, or demolition, which consent will not be unreasonably
withheld. Lessee further agrees to leave the Premises at the
termination of this Lease in a good and sanitary condition.
Lessee shall have the right to remove at the termination of this
Lease for any cause, any improvements installed by her on the
Premises, and such improvements shall be removed by Lessee within
a reasonable time if termination is prior to the expiration date
of this Lease. In the event termination is at the expiration
date of this Lease, such improvements shall be removed within
thirty days after termination. Lessor shall have the right to
insist that any of such improvements are removed at the time
specified in this, paragraph. Lessee, in removing improvements,
shall do so in such a way as not to damage any portion of the
Premises.
13. That Lessee shall maintain or cause to be
maintained during the term of this Lease, public liability
insurance covering herself and Lessor in the sum of $100,000.00
for injury to one person, $300, 000.00 for any one accident,
personal injury, and $50,000.00 property damage limits, and such
insurance shall protect Lessor and Lessee from any and all
liability whatsoever to any persons resulting from Lessee's use
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of these Premises.
14. If Lessee should be adjudged bankrupt either by
voluntary or involuntary proceedings, or make an assignment for
the benefit of creditors, or Premises 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 the Premises, Lessor
shall, subject to paragraph 16, have the option to forthwith
terminate this Lease and to re-enter the Premises and take
possession thereof. In no event shall this Lease be deemed an
asset of Lessee after adjudication in bankruptcy.
15. Except as provided for in paragraph 16, Lessee
shall not, without the previous written consent of Lessor, assign
this lease or any interest therein, or underlet or sublet the
whole or any part of the Premises; the consent to the
underletting or subletting shall not be unreasonably withheld.
Any purported assignment, either direct or by operation of law,
or under or in pursuance of any order, judgment, decree, or
process or 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 without consent shall continue in force as against any
assignee.
16. Nothing in this Lease shall prohibit Lessee from
assigning her rights under this Lease without prior written
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consent of Lessor to the then operator or lessee of the real
property commonly known as Lake Redding Golf Course at a rent no
greater than that provided for under this lease.
17. That Lessor shall have the right to post notices
on the Premises, of non-liability under and pursuant to the laws
of the State of California for any work done on the Premises, and
Lessee agrees to notify Lessor in writing immediately that any
work, at any time, is commenced on the Premises.
18. Lessee agrees that she will not commit any waste
on the Premises or any public or private nuisance thereon.
19. 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 successors and assigns of the respective parties
hereto.
20. Lessor shall pay all real property taxes and
special assessments assessed against the land and improvements.
Lessee shall pay any and all possessory interest taxes levied
against Lessee arising out of her use of. the Premises.
21. Lessee expressly agrees to hold Lessor, its agents
and employees, harmless from any and all claims and demands for
damages arising out of injury to Lessee's person or property, or
to the person or property of her agents and employees, or to the
person or property of any third person resulting from any
accident, occurrence or omission relating to Lessee's operations
on the premises let and demised to Lessee herein.
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22. If Lessor elects to sell all or any part of the
Premises, Lessor hereby grants to Lessee the right to purchase it
at the then "fair market value" stated in a dollar amount.
Lessee shall have THIRTY (30) days after receipt of notice from
Lessor of intention to sell to enter into an escrow to purchase
the Premises. If Lessee does not elect to purchase as aforesaid,
Lessor thereafter shall have the right to sell the Premises to a
third party at the price stated in the notice to Lessee. If
Lessor does not sell the Premises, or part thereof, as
applicable, at the stated price within NINETY (90) days, any
further transaction shall be deemed a new determination by Lessor
to sell the Premises or portion thereof, and the provisions of
this paragraph shall be applicable.
If Lessee disputes the sum stated as the "fair market
value, " the parties agree to hire a duly certified appraiser and
abide by that appraisal; each party shall bear one-half (1/2) of
the costs of such appraisal.
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IN WITNESS WHEREOF, the parties hereto have executed
this Lease on the day and year first above written.
CITY OF REDDING
By ,�%// , ce../ Ci�/.__
„,
LEAH F. McCONNELL, an unmarried
woman
ATTEST:
ETHEL A. NICHOLS, City Clerk
d/
DALL A. HAYS�I lty Attorney
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Real property situate in the City of Redding, County of Shasta,
State of California, being a portion of the south one-half of
Section 26, Township 32 North, Range 5 West, M.D.M. and being
more particularly described as follows:
Commencing at the southwest corner of the John Benton parcel as
shown in Book 34 of Land Surveys at page 44 ; thence along the
southern boundary S. 89 degrees 24 '55" E. (S. 89 degrees 27 ' 10"
E. per 34 LS 44) 170.22 feet to the point of beginning; thence
departing said boundary S. 22 degrees 25'43" W. 30.94 feet to a
point on the northerly right of way of Quartz Hill Road (as
proposed) ; thence along said northerly right of way line along
the arc of a curve to the right having a tangent bearing ahead S.
64 degrees '34 '54" E. through a central angle of 2 degrees 59'23"
having a radius of 1975 feet, a distance of 103 .05 feet to a
point; thence N. 63 degrees 42 ' 01" W. 60.77 feet; thence on a
curve to the right through a central angle of 1 degree 41'15"
having a radius of 1975 feet, a distance of 58. 17 feet, having a
back tangent bearing 62 degrees 49 '07" ; thence along a curve to
the left through a central angle of 88 degrees 44 ' 38" having a
radius of 20 feet, a distance of 30.98 feet to a point; thence S.
59 degrees 52 ' 30" E. 48 feet to a point of cusp; thence along the
arc of a curve to the left through the central angle of 88
degrees 44 ' 38" having a radius of 20 feet, a distance of 30.98 to
a point of reverse curve; thence along the arc of a curve to the
right through a central angle of 0 degrees 37 '08" having a radius
of 1987 feet, a distance of 21.46 feet to a point of compound
curve; thence along the arc of a curve to the right through a
central angle of 8 degrees 31'00" having a radius of 170.00 feet,
a distance of 25.27 feet to a point on the westerly right of way
line of the Southern Pacific Railroad right of way line as shown
on the certain map dated July 9, 1938; thence northeasterly along
a curve to the right through a central angle of 1 degree 58 '50"
having a radius of 2009.86 feet, a distance of 69.48 feet to a
point of C.C.S. at Station 4085+1284 (per said right of way map) :
thence along a spiral curve to the right 155 feet, more or less,
to a point of intersection with the southerly boundary of that
certain parcel as shown in Book 34 of Land Surveys at page 44;
thence along said southerly boundary N. 89 degrees 24 '55" W.
442. 63 feet, more or less, to the point of beginning. Contains
0.98 acres.
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