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HomeMy WebLinkAboutContracts & Agreements_2-1933 Y Lease and Agreement City of Redlands, ari th Dated i,. r .. F 0 1 Lease and Agreey:ent 2 Thi leans and agreement made and entered into this 3 day of , 1933, between the City of Redlands, 4 a municipal corporation, party of the �/�-rst art,, and herein 5 sometimes designated as lessor, and / ? r- , 6 party of the second part, sometimes herein designated as lessee, 7 4ITNEFSSWTHs $ That the lessor, for and in consideration of the rents, \ 9 covenants and agreements hereinafter mentioned.. reserved and 4 10 contained on the part of the lessee to be Maid, rept and .ger- . � 11 formed, does by these presents grant, demise and let unto the 12 said lessee for the period of five m. ��y , years co m. _racing an the 13 day of , 197 andending on the Y t�-3 19 e , thEt certain I4 1'' da at' 15 rubbish dump situate on North Church Street and the Santa Ana 16 river Wash, together with all grounds used in connection Cher- ev�.i.th,, 17 and such additional grounds as may be required as dumping grounds : 18 from time to time in the future. 19 The rental reserved by the lessor and vhich the lessee hereby 20 eov-nants and agrees to pay is the sum of one hundred dollars WOO, ( 21 erl ear for each and every year of the term of said lease, payable quaji 22 Ly in advance, $25.00 on the 1st day of January,April,July and Qctobei each and every yelii. consideration for the . kiv eila,uts and agree:aents, terms and 23 conditions hereinafter contained to be kept and performed by 24 i lessee, and infurther consideration of the payment of the rental. 25 2 6 herein reserved, the lessor agrees as follows: 1. That during the term of this lease and any renetals 27 thereof, the official rubbish collector for the City of Redlands 28 '! shall be required to dump and. deposit all rubbish collected 29 within said City at said rubbish grounds. 30 2. That all contracts for the collection of rubbish hereafter 31 32 executed by the City of Redlands during the term of this lease F i I and any reneNa.l thereof shall embody a provision rewiring the 2 persons collecting suchrubbish to take and remove all substances 3 collected as rubbish in said City to the said dump, there to be h 4 deposited. 5 8. That all rubbish and substances dumped and deposited 6 on said rubbish grounds shall immediately become and be the property of lessee, second party herein. 8 4. That all substances# materials and i tters deposited on _ the said dump at the time of the execution of this agreemen \� 10 and deposited thereon between the date of this agreement and the lI time that lessee takes possession thereof hereunder shall become 12 and be the property of the lessee. 13 Lessee, in consideration of the covenants and agreements 14 herein contained which are to be kept and performed by lessor, 15 does h,:. I j L ,,....iant and agree with the lessor with relation 16 to said. rubbish crump and disposal of rubbish and waste materials 17 thereon deposited, as follows: 18 3. That said dump and the grounds thereof shall be kept 19 in good and ord=erly condition end as far as possible free from 20 obnoxious and unsightly appearance and from unsanitary conditions 21 and odors, and shall be kept and maintained in a. condition 22 satisfactory to the Sanitary Commissioner of the City of 23 Redlands. 24 2. That lessee shall employ in the operation of acid rubbish 25 dump only American citizens, residents of the City of Redlands. 26 3. That as rapidly as Dossible all valueless caste 27 substances and rubbish which it is passible to destroy by fire 28 29 or other means will be destroyed by the lessee. �- 4. That all oranges dumped at said rubbish dump will be 30 destroyed. by the lessee and that neither lessee nor anyone with 31 32 his sanction or permission nor any person whatsoever will be 2. N� ----------- whereas, on the lst; ; onday of Novemab ~r, l( 33 the Citta of Redlands, a :3iunicipa,l corporation, as ,part'! of the first part as lessor., and Vaughn L. Alchiaxi as second part17 ani as lessers ent�=-red into a cer- tain agree:aent concerning the leasing of the city,- ru: Dish dump situatc- on north Church Street in the Santa Ana River Pashp rpference to s�::id lesse and agreement being hereby made for furttip r particulars„ anc., ; !"hereasp among other provisioiis sal d lease ant agree:;,+=nt coata ns t'­16 follo i ;.;t "7. Lessee furthc..r covenants and agrees to save lessor fre from any anc. all liability to third persons for damb.; es 10c either persons or property arising from the operation of said rubbish dump.l° And wiereasx through inadvertance ane: misunderstanding tl).e provi&io above quoted are so broad and inclusive that it is impossible to secure insurance to cover the protection therein sough-It, i Now Thereforep said above quoted section of` said lease and agree-' meat is hereby c�acelled and annullea and in lieu thereof the following; is � I adopted as a new Section 7s "The lessee further covenants and agrees to maintain at al.7 time ls , during; tie existe-ice of tUs lease anc. aY.Ly reaei;als thereolL p .public Liability :insurance in the: limits of '%'t102000j20,,000., and Propert;, Camage Insurance in the amount of $,5*O00.�' in the name of t.he Cit.,- ot~ Reclan..s j, to cover against accidents arising from the: op- ration of said rubbish bump... The form of said insurance and t:°Ze compan • i ;suing s ; ,� to have the approval of the lessor„" Other t':aa� as above amended, tlxe said lease and a regiment dat d november 1p 1933 is hereby ratified ant; confirmed in ever'..), particular„ In Witness Whereof this A.Greement has been nude and executed t'ais 16th day of t_ayj, 1934 by the =layor anct City Clem of tree Cit; of Redlands thereunto duly authorizers b official action of the Clt:., Council of said City and by second party. C11Y Oi RFLLA,iDS By Will. Dowler Attests a;-oi.- C P. P4 Ch— C erk. (SEA) VapZl-n H. Alchian (COPY) Amendment to Lease and Agreement 2 3 Whereas, on the 1st day of November, 1933 the City of 4 Redlands, a municipal corporation, as party of the first part 5 as lessor, and Vaughn L. Alchian, as second party and as 6 lessee, entered into a certain agreement concerning the leasing 7 of the city rubbish dump situate on Forth Church Street in the 8 Santa Ana River hash, reference to said lease and agreement 9 being hereby made for .further particulars, and; 10 Whereas, among other provisions said lease and agreement 11 contains the following: "7. Lessen further covenants and 12 agrees to save lessor free from any and all liability to third 13 persons for damages to eitherersons or p property arising from 14 the operation of said rubbish dump. '' 15 And whereas, through inadvertence and misunderstanding 16 the provisions above quoted are so broad and inclusive that 17 it is impossible to secure insurance to cover the protection 18 therein. sought. 19 Now Therefore, said above quoted section of said lease 20 and agreement is hereby cancelled and annulled and in lieu 21 thereof the following is adopted as a new Section 7: 22 "The Lessee further covenants and agrees to maintain at 23 all times during the existence of this lease and any renewals 24 tnereof, Public Liability insurance in the limits of 25 10,000/20,000. , and Property Damage insurance in the amount of 26 $5, 000. , in the nam.: of the City of Redle nd.s, to cover against 27 accidents arising from the operation of said rubbish dump. The 28 form of s&id insu ince and the company issuing same to have the 29 npprovel of to lessor. ', 30 Other than as above amended, the said lease and agreement 31 32 dated November 1, 1933 is hereby ratified and confirmed in s. every particular. 2 In fitness thereof this agreement has been made and 3 executed this / 46 - day of ??< 7 , 1934 by the Mayor .1 and City Clerk of "ice e City of Redlands thereunto duly 5 authorized by official action of the City Council of said City 6 and by second party. 7 8 CITY OF REDLANDS 10 Mayor Attest: 11 12C�ty Clerk 13 -� } 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2.