HomeMy WebLinkAboutReso. 1987 - 330 - Approving lease agreement between City and Shasta Natural Science Association and authorizing Mayor to sign same � .. , , � ,
RESOLUTION NO. �-�.�D
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING
AND SHASTA NATURAL SCIENCE ASSOCIATION, AND AUTHORIZING THE
MAYOR TO SIGN SAME.
IT IS HERFBY 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 Agreement between the City of Redding and
Shasta Natural Science Association for the Carter House Science
Museum, 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 said Lease Agreement and 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 documents, 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 3rd day of November , 1987 , and was
duly adopted at said meeting by the following vote:
AYES : COUNCIL MEMBERS : Carter, Ful ton, Gard, Johannessen & Dahl
NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS : None
ABSTAIN: COUNCIL MEMBERS : None�
MIKE DAHL, Mayor
City of Redding
ATTEST: � FORM PPROVED:
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ETHEL A. NICHOLS , City Clerk RA DALL A. HAYS, ity Attorney y
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LEASE AGREEMENT
THIS LEASE made and entered into this �� day of
October, 1987 , by and between the CITY OF REDDING, a Municipal
Corporation and General Law City, hereinafter referred to as
LESSOR, and SHASTA NATURAL SCIENCE ASSOCIATION, a California
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Non-Profit Corporation, whose principal office is located in the
City of Redding, County of Shasta, State of California,
hereinafter referred to as LESSEE.
W I T N E S •S E T H
That for and in consideration of the covenants and
agreements herein contained, LESSOR does hereby lease, demise and
let unto LESSEE the buildings located in Caldwell Memorial Park,
within the City of Redding, known commonly as CARTER HOUSE
SCIENCE MUSEUM, formerly the old Redding Museum and Art Center
building, for a term of five (5) years commencing on the 20th day
_ of January, 1986 , to and including the 19th dav of January, 1991 .
IT IS MUTUALLY UNDERSTOOD, STIPULATED AND AGREED BY AND
BETWEEN THE PARTIES HERETO AS FOLLOWS :
1 . The consideration provided by LESSEE to LESSOR for this
Lease is the covenant and agreement of LESSEE to operate and
maintain Carter House as a natural and physical science museum;
to operate educational, scientific and community programs in and _ _
from the Museum for the benefit of the public; and to deposit in
said Museum building scientific exhibits and records owned or
possessed by LESSEE, and to permit the display of such exhibits
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� in said building and elsewhere in pursuit of the aims and
� 1 objectives of LESSEE. As further consideration of this Lease,
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LESSEE shall provide the services of its members and volunteers,
in addition to its paid staff and the staff paid by LESSOR, to
design, construct, maintain and care for exhibits, including live �
animals, and to carry out the purposes of the Museum.
2 . LESSOR covenants and agrees to maintain and operate the
subject demised premises, including the provision of security
measures to prevent fire and theft within the buildings, as well
as to provide and pay the costs of all utility services. In this
connection, it is further covenanted and agreed that LESSOR shall
provide janitorial service to the premises, and it is the present
intention of the parties that this will be provided by including
the demised premises within the provisions of the City' s existing
or subsequent custodial service contracts , taking into account
the special requirements and the needs of LESSEE in the animate
and inanimate exhibits.
3 . In addition, LESSOR covenants and agrees to provide, as
operating administrator of the premises, a qualified Museum
director or curator and such other operating employees as the
parties may agree to be appropriate, who shall be employees of
the LESSOR. The director or curator shall have the primary
authority and responsibility in connection with the operation of
the Museum, subject to the direction of LESSOR and the Board of
Directors of LESSEE.
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4 . So long as the City is able to obtain insurance at a
premium cost acceptable to the LESSOR, it shall provide extended
risk insurance on the Museum building and exhibits and public
liability and private damage insurance upon the activities of the
LESSEE in the operation of the Museum activities. In addition,
the LESSOR shall install and maintain the necessary devices and
procedures to reasonably protect the property of the LESSEE on
deposit from fire and theft. LESSEE understands and agrees,
however, that LESSOR does not and cannot hold LESSEE harmless
from all risk and that there can be situations wherein exhibits
. can be in the care, custody and control of the LESSEE outside of
the demised premises and a loss could occur which would be beyond
the coverage provisions of the City' s insurance policy. The
insurance policies of LESSOR are public documents and LESSEE
� shall have access thereto to determine the nature and extent of
-- _ the coverage in order to determine the desirability of purchasing
supplemental_ coverage for LESSEE.
5 . LESSEE shall pa_y promptly any taxes assessed against its
personal property and any possessory interest tax levied by
reason of its occupancy of the subject property.
6 . At the end of this term, this Lease shall be renewed
upon all of the terms and conditions contained herein, unless
either party gives to the other a written notice of non-renewal
at least 90 days, but not more than 180 days, before the end of
the term. In addition, either party shall have the right to
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cancel this Lease . upon six (6) months ' written notice to the
� 1 other party.
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7 . LESSEE shall not, without the previous consent in
writing of LESSOR, assign this Lease or any interest therein, or
underlet or sublet 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 wholl�� void and shall at the option of the
LESSOR work a forfeiture of this Lease. The consent of the
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.
8 . LESSOR hereby reserves a right for its agents and
employees to come onto the demised premises at any time for
maintenance, custodial or security purposes, and to have a right
of access to all portions of the demised premises for the
execution of said purposes.
9 . The demised premises shall be used by LESSEE solely for
purposes consistent with the opera.tion and maintenance of a
public science and natural science museum, and shall comply with
and conform to all laws, ordinances and regulations applicable to
the demised premises, or the designated uses thereof, pertaining
to a non-profit corporation incorporated under the laws of the
State of California.
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10 . If LESSEE should default as to any of the conditions,
covenants and agreements herein contained, and the 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 sha11 . r.emain in fu11 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. . .
11 . 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 deposi_ted in the
United States Post Office, certified mail; with postage prepaid,
addressed as follows:
_ LESSOR: 760 Parkview Avenue, Redding, California 96001
LESSEE;._ P.O. Box 185 , Redding, California 96099 .
12 . If LESSEE desires to place any improvements on the
subject premises, or to remove any existing improvements, LESSEE
agrees that it will first obtain the consent in writing of LESSOR
as to any such improvement, alteration or demolition. Any
improvements installed by LESSEE within the demised premises
shall become the property of LESSOR. Upon termination of this
Lease, LESSEE shall have the right to remove exhibits and display
fixtures, so long as LESSEE repairs any damage caused by the
installation or removal of such fixtures.
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` 13. In the event of the corporate dissolution of LESSEE for
� I any reason without the transfer of LESSEE' S assets and functions
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to a successor lessee approved by LESSOR, as further and
additional consideration for the covenants and agreements of this
Lease to be performed by the LESSOR, LESSEE agrees that all of �
its - as.sets _ shall, without further action on the part of the
LESSEE, become the property of the LESSOR as trustee for the
benefit of the . citizens of the City. of Redding. -
- - IN WITNESS WHEREOF, the par-ties hereto have . executed this
Lease on the day and year first above written.
CITY OF REDDING
By:
MIKE DAHL, Mayor
_- SHASTA NAT:URAL SCIENCE ASSOCIATION
BY= ���-�---�_ �- � /�.�-�.��–
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BY� __��1'1 l�G� � ����d�
ATTEST:
� ETHEL A. NICHOLS, Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
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