HomeMy WebLinkAboutReso No. 1990-463 - Lease of The Stairs and Walkway Bridge to the second floor of the Downtown Mall 7 77
RESOLUTION NO. 9a-4,40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE LEASE OF
THE STAIRS - AND WALKWAY BRIDGE TO THE SECOND FLOOR OF THE
DOWNTOWN MALL ENTERED INTO BETWEEN THE CITY OF REDDING AND
THE REDDING REDEVELOPMENT AGENCY AS LESSOR AND PARLAY
INVESTMENTS, INC. AS LESSEE.
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 above-mentioned Lease between the . City of Redding
and the Redding Redevelopment Agency as Lessor and Parlay
Investments, Inc. as Lessee, a true copy of which is attached
hereto and incorporated herein by reference.
2 . That the Mayor of the City of Redding is hereby
authorized and directed tosign 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 18th day of September , 1990 , and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss & Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None r
NCY FFUM, Maar
City of Redding ...
�� O
-
AVE
FORM PPROVED: S
�firr�riL 2a�L 9//Uc�-� ��i PPRO/E.�/ lU
E EL A. NICHOLS, C' Clerk RA4IDALL A. HAYS,' City Attorney
if I
ZEME
THIS LEASE is entered into this 1st day of July, 1990, by and
between THE CITY OF REDDING and THE CITY OF REDDING REDEVELOPMENT
AGENCY, 760 Parkview Avenue, Redding, California, 96001-3396,
hereinafter collectively referred to as "Lessor", and PARLAY
INVESTMENTS, INC. , a California corporation, 1546 Market Street,
P.O. Box 4318, Redding, California, 96099, hereinafter referred to
as "Lessee".
WITNESBET H:
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. gecoanition. Lessee agrees to recognize both THE CITY OF
REDDING and THE REDDING REDEVELOPMENT AGENCY as its Lessor herein,
and recognizes that both entities may, from time to time, have
parallel or overlapping interests in the real property which is the
subject of this Lease.
2 . pescrintion of Premises. Lessor hereby leases to Lessee,
and Lessee hires from Lessor, on the terms and conditions
hereinafter set forth, those certain premises with the
appurtenances situate in the City of Redding, County of Shasta,
' State of California, more particularly described in Exhibit A and
depicted on Exhibit B attached hereto and incorporated herein by
reference.
3. Term. The term of the within Lease shall be for five (5)
years commencing July 1, 1990, and terminating June 30, 1995.
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4 . Rent. In consideration of the cost of the physical
improvements made by Lessee, the total monetary rent to be paid by
Lessee during the term of this Lease shall be the sum of two
hundred fifty dollars ($250.00) per year, payable in advance on the
first (1st) of each year term.
5. Option to Renew. Lessee is given the option to extend
the term of this Lease on all the provisions contained in this
Lease, except for the yearly rent, for a five-year (5-year) period
following the expiration of the initial term by giving notice of
exercise of option ("option notice") to the Lessor at least ninety
(90) days before the expiration of the term; provided, however,
that, if Lessee is in default on the date of giving the option
notice, the option notice shall be totally ineffective, or, if
Lessee is in default on the date the extended term is to commence,
the extended term shall not commence and this Lease shall expire at
the end of the initial term.
The yearly rent for the extended term shall be the sum of
three hundred sixty dollars ($360.00) per year, payable in advance
on the first (1st) day of each year of the extended term.
Other than the one (1) option period above, Lessee shall have
no other right to extend the term beyond the extended terms of
those options.
6. 1221. The premises leased are not leased exclusively for
the use and benefit of Lessee, and shall retain their character as
a public way in a public area in conjunction with the uses
hereinafter granted Lessee, which uses by Lessee shall at no time
be permitted to obstruct or impede the public uses for which the
area was designed.
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The leased premises will provide access from the floor of The
Downtown Redding Mall, Redding Midtown Project No. 1, to the second
floor of the premises redeveloped and owned by Lessee by way of the
pedestrian bridge constructed by Lessee within the premises. Said
premises also constitute an area used by the general public as a
rest or viewing area elevated above the floor and connected to the
second-story premises of Lessee. It is specifically understood
that the leased premises end at the property line of Lessee at its
real property boundary common to the real property of Lessor.
Lessee shall be required to install and to at all times maintain a
lockable gate upon the walkway or bridge which serves the second
floor of Lessee's premises above The Downtown Redding Mall floor at
approximately the boundary line between the property of Lessor and
of Lessee.
Lessee shall operate or cause to be operated, through itself
or its agent or sublessee, a restaurant, retail commercial
establishment or office establishment on the second floor of
Lessee's property adjacent to the subject premises.
The use by Lessee of the leased premises shall be limited to
the following:
a. Access to and from the businesses or offices from
the Mall; and"`
b. Use of the rest or viewing platform by customers of
Lessee, which shall include the right to hold sidewalk sales
in conjunction with Downtown Redding Mall activities or other
retail purposes outside the confines of Lessee's premises in
conjunction with and in concert with other Downtown Redding
Mall activities and, further, the ability to consume food and
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beverages if Lessee's business is a restaurant. Lessee shall
not serve food in the leased premises through its employees or
agents, but Lessees customers shall be permitted to consume
food and beverages on the viewing platform along with other
members of the public.
As a material consideration for this Lease, Lessee shall at
all times, at its own expense, maintain the entire leased premises
free from debris, including papers, cartons, discarded food,
bottles, cans, and other refuse. The duties of Lessee in this
regard shall include removal of all such refuse in the area of The
Downtown Redding Mall immediately below the entire leased premises.
Such cleaning shall be performed at such times as are necessary to
maintain the premises in a neat and attractive manner.
Lessee shall not use or permit the premises or any part
thereof to be used for any purpose or purposes other than those
provided for hereinabove.
7. Waste: Ouiet Conduct. Lessee shall not commit or suffer
to be committed any waste upon the said premises or any nuisance or
other act or thing which may disturb the quiet the enjoyment of the
general public in its use of The Downtown Redding Mall or the quiet
enjoyment of any other owners or tenants in the conduct of their
business establishments located within The Downtown Redding Mall.
8. Alterations: Mechanic's Liens. Lessee shall not make or
suffer to be made any alterations of the premises or any part
thereof without the written consent of Lessor first had and
obtained. Any additions to or alterations of said premises, except
moveable furniture, shall become at once a part of the realty and
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belong to Lessor. Lessee shall keep the demised premises and the
property upon which the demised premises are situate free from any
liens arising out of any work performed, material furnished, or
obligations incurred by Lessee.
9. Apnrovements. As part of the consideration for this
Lease, Lessee constructed, entirely at Lessee's expense, a bridge
from the second floor of Lessee's adjacent premises to the viewing
platform within the herein demised premises. The plans and
specifications for such bridge were submitted to Lessor for review
and approval, and Lessor has indicated its approval of such plans
and specifications on one (1) or more copies thereof.
The cost of improvement construction, including the new column
supporting the same and the removal and replacement of existing
landscaping made necessary by the construction of said column, was
entirely at the sole expense of Lessee.
Upon completion of said improvements, title passed to Lessor,
but it shall be the express responsibility of Lessee to maintain
said improvements in safe condition and good repair at all times
during the term of this Lease and any extensions thereof.
10. Utilities. It is not anticipated that Lessee shall
maintain or provide any utilities upon the leased premises, nor
shall Lessor be required to provide such utilities, other than the
ordinary lighting presently provided in The Downtown Redding Mall.
No utilities shall be installed by Lessee without the previous
written consent of Lessor and, should such utilities be provided by
Lessee upon Lessor's consent, then such utilities shall be operated
and maintained at the sole cost and expense of Lessee.
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11. Abandonment of Premises; Trade Fixtures. Lessee shall
not vacate or abandon the premises at any time during the term of
this Lease and, if Lessee shall abandon, vacate, or surrender said
premises or be dispossessed by process of law or otherwise, any
personal property belonging to Lessee and left on the premises
shall be deemed to be abandoned at the option of Lessor.
12. repairs. Lessee shall, at its sole cost, keep and
maintain the stairway, walkway, viewing platform, and bridge in
good and sanitary order, condition, and repair. Lessor shall
maintain the existing pillars or columns designed and installed to
support the viewing platform and stairway. Lessor shall also
maintain existing railings in good repair. All new improvements
provided by Lessor shall be maintained by Lessee, including,
specifically, the bridge between Lessee's premises and the viewing
platform.
13. Compliance With Law. Lessee shall, at its sole cost and
expense, comply with the requirements of all local, state, and
federal authorities now in force or which may hereafter be in force
pertaining to the premises, and shall faithfully observe in the use
of the premises all local ordinances and state and federal statutes
now in force or which may hereafter be in force. The judgment of
any court of competent jurisdiction or the admission of Lessee in
any action or proceeding against Lessee, whether Lessor be a party
thereto or not, that Lessee has violated any such ordinance or
statute in the use of the premises shall be conclusive of that fact
as between Lessor and Lessee.
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14. son-Liability of Owner for Damaaes. This Lease is made
upon the express condition that Lessor is to be free from all
liability and claim for damages by reason of any injury to any
person or persons, including Lessee, or any property of any kind
resulting from any uses made of the leased premises by Lessee, its
agents, employees, or customers. As to such person or property,
Lessee agrees to indemnify and save harmless Lessor from all such
liability, loss, cost, or obligation arising out of any such
injuries or damages.
15. Liability Insurance. Lessee further agrees to take out
and keep in force during the life hereof, at Lessee's expense,
public liability insurance in companies and through brokers
approved by Lessor to protect against any liability to the public
incident to the use of or resulting from any acts occurring in or
about said premises, the liability under such insurance to be not
less than three hundred thousand dollars ($300,000. 00) for any one
(1) person injured, or five hundred thousand dollars ($500,000.00)
for any one (1) accident, or fifty thousand dollars ($50,000.00)
for property damage. These policies shall insure the contingent
liability of Lessor. Lessee is to obtain a written obligation on
the part of the insurance carriers to notify Lessor in writing ten
(10) days prior to any cancellation thereof. Lessee agrees, if
Lessee does not keep such insurance in full force and effect, that
Lessor may obtain the necessary insurance and pay the premium. The
repayment thereof shall be deemed to be part of the rental, and
payment of such will be due on the next day upon which rent becomes
due.
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Lessee shall cause to be delivered to Lessor at the time of
execution of this Lease, and shall maintain with Lessor throughout
the term thereof, the necessary certificate of insurance evidencing
that the liability insurance provided for hereinabove is in full
force and effect, naming THE REDDING REDEVELOPMENT AGENCY and THE
CITY OF REDDING, and their officers, agents, and employees, as
additional insureds. The form of such insurance certificate shall
be subject to the approval of the Risk Manager of Lessor.
16. Assignment or Subletting. Lessee shall not assign this
Lease or any interest therein and shall not sublet the premises or
any part thereof, or any right or privilege appurtenant thereto,
without the express written consent of Lessor, which consent shall
not be unreasonably withheld; provided, however, Lessee shall be
able to assign this Lease to any purchaser or encumbrancer of
Lessee's premises to which this Lease is appurtenant without
Lessor's consent. A consent to one (1) assignment or subletting
shall not be deemed to be a consent to any subsequent assignment or
subletting. Any such assignment or subletting without such consent
shall be void and shall, at the option of Lessor, terminate this
Lease. This Lease shall not, nor shall any interest therein, be
assignable as to the interest of Lessee by operation of law without
the consent of Lessor. Nothing in this Paragraph, however, shall
prevent Lessee from allowing the use of the premises by Lessee's
tenants, and Lessee further shall be allowed to permit the use of
the leased premises by any of Lessee's tenants whose premises are
appurtenant to the leased premises. .
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17. insolvency: Receiver. Either (a) the appointment of a
receiver to take possession of all or substantially all ofthe
assets of Lessee, or (b) a general assignment by Lessee for the
benefit of creditors, or (c) any action taken or suffered by Lessee
under any insolvency or bankruptcy act shall constitute a breach of
this .Lease by Lessee.
18. Attornev's Fees on Default. In the event any action is
brought by either party to this Lease to enforce any terms or
conditions of this Lease arising out of any provisions of this
Lease, the prevailing party in such action shall, in addition to
any judgment obtained, be entitled to recover reasonable attorney's
fees from the other party which fees shall be fixed by the court.
19. Notices. All notices to be given to Lessee or Lessor may
be given personally or in writing by depositing the same in the
United States mail, postage prepaid, addressed to Lessee or Lessor
at the addresses set forth above. Said addresses may be changed by
notice pursuant to this provision.
20. Waiver. The waiver by Lessor of any breach of any term,
covenant, or condition herein contained shall not be deemed to be
a waiver of such term, covenant, or condition or of any subsequent
breach of the same or any other term, covenant, or condition herein
contained.
21. Remedies of Lessor on Default. On any breach, default,
or abandonment, Lessor may exercise any of the following acts
hereinafter specified:
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a. Immediately enter and remove all personal property
from the leased premises, storing such property in a public
warehouse or elsewhere at the cost of, for the account of, and
at the risk of Lessee.
b. Collect, by suit or otherwise, each installment of
rent or other sum as it becomes due from Lessee, its assigns,
or sublessees, or to enforce, by suit or otherwise, any other
term or provision hereof on the part of Lessee required to be
kept or performed, it being specifically agreed that all
unpaid installments of rent or other sums shall bear interest
at the highest legal rate existing from the date due thereof
until paid.
c. Terminate this Lease, in which event Lessee agrees
to immediately surrender possession of the premises and to pay
to Lessor, in addition to any other remedy Lessor may have,
all damages Lessor may incur by reason of Lessee's default,
including the cost of recovering the premises.
d. Terminate physical access to the premises of Lessee
by way of the route provided from the floor of The Downtown
Redding Mall by closure of the gate heretofore required
pursuant to Paragraph 6.
Lessor's failure to take advantage of any default or breach of
covenant on the part of Lessee shall not be or be construed as a
waiver thereof, nor shall any custom or practice which may grow up
between the parties in the course of administering this instrument
be construed to waive or to lessen the right of Lessor to insist
upon the performance by Lessee of any term, covenant, or condition
hereof or to exercise any rights given it on account of any such
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default. A waiver of a particular breach or default shall not be
deemed to be a waiver of the same or any other subsequent breach or
default.
The acceptance of rent hereunder shall not be or be construed
to be a waiver of any term, covenant, or condition of this Lease.
The rights, powers, elections, and remedies of Lessor
contained in this Lease shall be construed as cumulative and no one
(1) of them is or shall be considered exclusive of the other, nor
shall exclusion of any rights, powers, elections, or remedies
impair Lessor's right to exercise any other.
If Lessee shall be in default in the performance of any
covenant on its part to be performed under this Lease, then, after
notice and without waiving or releasing Lessee from the performance
thereof, Lessor may, but not be obligated so to do, perform any
such covenant and, in exercising any such right, pay the necessary
and incidental costs and expenses in connection therewith. All
sums so paid by Lessor, together with interest thereon at the
highest legal rate, shall be deemed additional rent and shall be
payable to Lessor by Lessee on the next date rent becomes due.
22 . goldina-Over. Any holding-over after the expiration of
the said term with the consent of Lessor shall be construed to be
a tenancy from month to month at a rental of three hundred sixty
dollars ($360.00) per year, and shall otherwise be on the terms and
conditions herein specified, so far as applicable.
23. Sinding on Successors. The covenants and conditions
herein contained shall, subject to the provisions as to assignment,
apply to and bind the heirs, successors, executors, administrators,
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and assigns of all the parties hereto, and which parties shall be
jointly and severally liable hereunder.
24. Time of the Essence. Time is of the essence of this
Lease.
IN WITNESS WHEREOF, the parties hereto have executed this
LEASE this day of , 1990, at Redding,
California.
CITY OF REDDING PARLAY INVESTMENTS, INC.
I . .
By - :. :,
, Mayor :r an D. - _ W, . es . nt
(Type Name)
-Lessee"
REDDING REDEVELOPMENT AGENCY
By
(Type Name and Title)
"Lessor"
ATTEST:
Ethel A. Nichols, City Clerk
FORM APPROVED:
Randall A. Hays, City Attorney
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AIR EASEMENTS FOR MALL PLATFORM AND WALKWAY
All that portion of the Downtown Mall in the City of Redding
described as follows:
Parcel 1 : Commencing at the northwest corner of the Dicker
parcel as ,s own on the map filed July 11, 1972, in Book 37 of
Land Surveys at page 75, Shasta County Records; thence S.
72°14 ' 10" W. , 40. 00 feet; thence S. 17°45 ' 50" E. , 54. 75 feet to
the point of beginning; thence continuing S. 17°45 ' 50" E. , 5.00
feet; thence N. 72°14 ' 10" E. , 16. 75 feet; thence S. 17°45' 50" E. ,
. 67 feet; thence N. 27°14 ' 10" E. , 200 feet to a point hereinafter
referred to as Point "A"; thence S. 17°45' 50" E. , 1. 50 feet;
thence N. 72°14 ' 10" E. , 2.00 feet; thence N. 17°45' 50" W. , 1. 50
feet; thence N. 72°14 ' 10" E. , 3. 00 feet; thence N. 17°45'50" W. ,
10. 25 feet; thence S. 72°14 ' 10" W. , 7. 00 feet to a point herein-
after referred to as Point "B"; thence S. 17°45' 50" E. , 4. 58
feet; thence S. 72°14 '10" W. , 16. 75 feet to the point of begin-
ning.
The lower limits are at elevation 565. 82.
The upper limits are at elevation 577. 65.
Parcel 2 : Beginning at Point "A"; thence S. 17°45 ' 50" E. ,
1. 50 feet; thence N. 72°14 ' 10" E. , 2. 00 feet; thence N. 17°45' 50"
W. , 1.50 feet; thence S. 72°14 ' 10" W. , 2.00 feet to the point of
beginning.
The lower limits are at elevation 557. 82.
The upper limits are at elevation 565. 82.
Parcel 3: Beginning at Point "B"; thence N. 62°45' 50" W. ,
16. 00 thence N. 27°14 ' 10" E. , 20. 00 feet; thence S.
62°45' 50" E. , 6. 25 feet; thence N. 27°14 ' 10" E. , 1.25 feet to a
point hereinafter referred to as Point "C"; thence continuing N.
27°14 ' 10" E. , 4. 00 feet; thence S. 62°45' 50° E. , 5.00 feet;
thence S. 27°14' 10" W. , 5. 25 feet; thence S. 62°45' 50" E. , 8. 75
feet; thence S. 27°14 ' 10" W. , 16. 00 feet; thence S. 72°14 ' 10" W. ,
5. 75 feet to the point of beginning.
The lower limits are at elevation 568. 08.
The upper limits are at elevation 575.08.
Parcel 4 : Beginning at Point "C"; thence N. 62°45' 50" W. ,
6. 25eet to a point hereinafter referred to as Point "D"; thence
N. 27°14 ' 10" E. , 3. 75 feet; thence S. 62°45' 50" E. , 6.25 feet;
thence S. 27°14 ' 10" W. , 3. 75 feet to the point of beginning.
The lower limits are at elevation 564. 00.
The upper limits are at elevation 575.08.
The easement is measured at a vertical distance of 7. 00 feet
from the stair line.
EXHIBIT A
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Parcel 5: Beginning at Point "D"; thence N. 62°45 ' 50" W. ,
5. 00eek t;thence N. 27°14 ' 10" E. , 4 . 00 feet; thence S. 62°45'50"
E. , . 50 feet to a point hereinafter referred to as Point "E" ;
thence N. 27°14 ' 10" E. , 3. 75 feet; thence S. 62°45 ' 50" E. , 5.00
feet; thence S. 27°14 ' 10" W. , 3. 75 feet; thence N. 62°45' 50" W. ,
.50 feet; thence S. 27°14 ' 10" W. , 4. 00 feet to the point of
beginning.
The lower limits are at elevation 564.00.
The upper limits are at elevation 571.00.
Parcel 6: Beginning at Point "E"; thence N. 62°45' 50° W. ,
9. 50 eehence N. 27°14 ' 10" E. , 3. 75 feet; thence S. 62°45' 50"
E. , 9.50 feet; thence S. 27°14 ' 10" W. , 3.75 feet to the point of
beginning.
The lower limits are at elevation 558. 16.
The upper limits are at elevation 571. 00.
The easement is measured at a vertical distance of 7.00 feet
from the stair line.
EXHIBIT A
2
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