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HomeMy WebLinkAboutContracts & Agreements_1948_CCv0001.pdf Foam,f STATE OF CALIFORNIA (APPROVEDIY ATraRNEY GENERAL) DUPLICATE STANDARD FORM FOR LEASES Follow Instructions on Page Three Lease covering premises known as Texas Street, Redlands, Galiforniaa Streit Addrat City Pa1CO' THIS INDENTURE OF LEASE, Made and entered into this 2nd day of September, 19 48 by and between the GITY OF FMLAN'DS, a muni oipal corporation, of the County of an beimardino State of California hereinafter called the Lessor, without distinction as to number or gender, and the State of California by and through it: duly appointed,qualified and acting = .ZJUTANT GEOMU ,hereinafter called the State. WITNESSETH: That the Lessor for and in consideration of the covenants, conditions, agreements and stipulations of the State hereinafter expressed, does hereby demise and lease unto the State and the State hereby hires from the Lessor those certain premises situate in the City of Redlands, County of %M Bernardino ,State of California, and more particularly described as follows, to wit: Description B06UU48 at the rro theast corner of the east J of the 4�t of the narU J of Int of BeRenah as sea ise is v000rded Bock 6, of makpa at page 19 thereof - Reoerds of SM BIna County, tiaWozzia - said point of begluning also being on the wast line of Texas Stre+ert, City of Redlands. Tanoe north along the went line of said Texas Street a distance of 302.96 foot�thenoe weet 287.56 foot to the west line f �d east .. � :_ nt ■aid, Lot 26 004 , s ong said Tins r2« eat to tha. xcfth 'line of said , e st0 0 east i of north 2 of Said Lot 28 - thence eaSt along said line to the point Q: �*ginulzg 004taiul g t acres of land more or less. Term TO HAVE AND TO HOLD The demised premises together with the appurtenances, rights, privileges sad easements thereunto belonging or appertaining, unto the State, for the term of F*r+%Y-MAe years commencing on the 15th day of Se pt eli.�b e r, 19 4a and ending on the 14 rh day of "e p t em X19 9 7' Rena1 Rental at a total rent or sum of "OrtY—gine .uollers (449.00) Dollars, payable as follow,: One Lollar (,�1.00) annual rental, payable on the 15th day of 6eptember of each year of said term. The Parties hereto hereby covenant and agree as follows: U" 1. The demised premises shall be used during the term hereof for the purp9w.of conducting therein the business of the State, R"ntry by 2. The State will pay the said rent reserved to the Lessor without deduction, default or delay; and that in Lessor the event of the failure of the State so to do or in the event of a breach of any of the other covenants herein contained on the part of the State to be kept and performed,it shall be lawful for the Lessor to re-enter into and upon the demised premises, and every part thereof, and_to remove all persons and property therefrom, and to repossess and enjoy the demised premises as in the first and former estate of the Lessor,anything to the contrary herein contained notwithstanding. Assignment and Subletting a desirable tenant and fora a premises by any one other than tas Services and Utilities Extension Whei Q#9ik*- be*6q40"0 monthly ten ei and Holding Over ^' and otherwise upon the t rraisi , onditions herein specified, provided note v n in writing to the Lessor at least `days before the e1 ex" this lease; provided that no renewal or extension thereof shall extend,the period of cy of the demised premises beyond the ``^ of 19 and provide r t at if this:lease has-been executed on behalf of the State by a departm a ency other than the pixyolding over after the exprration o "tfie said"term or any extension trereof with"the consent of�to Lessor, shall be construed to be a tenancy from month to month, and shall otherwise be on the terms and conditions herein specified, so far as applicable. Notices 7. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: To the Lessor at The City of Redlands, Redlands City Hall, Redlands, Ualif ornia. and to the State at A of The Ad4utaat Oomml The address to which the notices sliall or may be mailed as aforesaid to either party shall or may be changed by written notice given by such party to the other, as hereinbefore provided; but nothing herein contained shall preclude the giving of any such notice by personal service. 8. The Lessor hereby agrees that the State may terminate this lease at any time during the term hereof by giving notice to the Lessor at least days next prior to the date when such termination shall become effective. Entry by 9L. —6- her-ein speeifted ea the Repair to tenantable condition during t e con se except in5ca n rom the act or negligence Repair g P g of the State's agents.or,em to ee se o so maintauun ses, the Lessor reserves the ,Alterations, etc.,by erect additio s Cres or signs in or upon the demised remises (provided such alterations, addition;structures State g p 1' or signs shall not inconsis with any rules and regulations of the Lessor which may be ied hereto and made a part hereof); such tures, addition tructures so placed in or upon or attac the demised premises shall be and remain the property o the State and may be'Amoyed therefrom by ate prior to the termination of this lease, and the State, if required by Lessor, shall, upon thexp o this lease or renewal thereof, restore the demised prenuses to the same condition as at existing at t • e of enterini, n the same under this lease, reasonable and ordinary wear and tear and damages b t vents or by circumstances over w r� e State has no control,excepted; provided, however, that if the r req • es such restoration, the Lessor shall give written i e thereof to the State ninety days before t mination of this le and provided further, that in the event the State sbou mate this lease and, provision for such termination c twined herein,the Lessor shall serve such written notice of restot'treiu Partial or Total this lease shall, r e caal destruction of the demised premises, immediately terminate an o partial Destruction of Premises destruction or damage, terminate a the-c>ixtjgn�of the State upon giving no n-tv'"M Ming to the Lessor within fifteen days after such fire or c Ity, and no rent sha aaya leLessor after such termination. Should the State not elect to terminate ' leas s paragraph prove , essor shall forthwith repair the same, and if such partial destru ' a pre the State from occupying the whole or a 1 Yrreie u_2fthe demised premises, the S. e entitled to a proportionate re -tion of the said rent from the date of such partialdes rireeie�x Quiet 12. The Lessor does hereby covenant and agree with the State that the State, keeping and performing the Possession covenants and agreements herein contained on the part of the State to be kept and performed, shall at all times during the said term peaceably and quietly, have, hold and enjoy the demised premises,without suit, trouble or hindrance from the Lessor. Surrender of 13. On the last day of the said term, or sooner termination of this lease, the State will peaceably and quietly Possession leave, surrender and yield up to the Lessor all and singular the demised premises with said appurtenances and fixtures in good order, condition and repair, reasonable use and wear thereof and damage by earthquake, fire, public calamity, by the elements,by act of God,or by circumstances over which the State has no control,excepted. Time of 14. Time is the essence of each and all the terms and provisions of this lease, and the terms and provisions Essence' of this lease shall extend to and be binding on and inure to the benefit of the heirs, executors, administrators, Binding Upon g up Heirs,Etc. successors and assigns of the respective parties hereto. If more than one Lessor is named herein, the obligations of said Lessors herein contained shall be joint and several obligations. , 15. Notwiti anding anything herein contained to the cor:__ary, this lease may be terminated, and the provisions of this lease may be altered, changed gr amended, by mutual consent of the parties hereto, 3 4 4 y 16. "The State shall not assign this lease in any event, and shall not sublet the demised premises except that the State may sublet or otler- wiso license or vermit desirable subtenants, licensees and permittees to use and occupy said premises or any part thereof for similar purposes, or for the purpose of conducting the business of the State therein, or for military purposes or any purposes necessarily conected therewith or for armory purposes or for similar use by the officers, agents and employees of the State, civil or military, or for lawful purposes in the manner and as authorized by Sections 431 and 432, California Military & Veterans Code. ' 17. "The State shall have the right, during the existence of this lease, to construct upon the demised premises an armory or othar structures, to make alterations, to attach fixtures and erect addi- tions to such armory or structures; such armory, fixtures, additions or structures so placed in or upon or attached to the demised premises shall be and remain the property of the State and may be removed there- from by the .State prior to the termination of this leash, and the State, it required by the Lessor in writing, shall, un on the expiration of this lease or renewal thereof, restore tiro aemis?d premises to the same condi tions as that axisting at the time of entering upon the same under this lease, reasonable and ordinary wear and namages by the elements or by circumstances over which the State has no control, excepted. if the Lessor requires such restoration, the Lessor shall give said written notice thereof to the State at least six months before: tho termination of this lease; and provided further, that in the ovont the State should terminate this lease under any provision for such termination contained herein, the Lessor shall serve such written nDtice of restoration upon the Stats; prior to the termination of this lease. '' 18. "In the event the demised oremises or any essential part thereof shall be destroyed by fire or other casualty, this Das� shall, in the case of total or partial destruction of the demised prwmis,s, termin._xte at the option of the State upon living n>tice in writing to the Lessor -.:ithi.n thirty drys, (30), after such firs: or casualty, and no rent shall accrue or be payable to the Lessor after such termination. '' 19. paragraphs three, four, five, nine, ten, cloven were delated, and paragraphs sixteen, seventeen, eighteen, nineteen, were added orior to the execution of this lease. IN WITNESS WHEREOF, This indenture has been executed in triplicate by the parties hereto as of the date first above written and the Lessor has hereunto set its hand and seal , and the Lessor has caused the same to be executed in its corporate name by its Mayor I -44fftiden+,and ,attested and scaled by its UIGY Ulerk -ger-m4ror7, and the State of California has caused the same to be executed and scaled by its duly appointed, qualified and acting Us AdJOU" 4ows" Attest: ------------------- - ------------------------------- OF RE S ---- -------- --------------------- - - --- ------------------ (Aty ulerk, yor of the U y o f lands --------------------------------------- ------ -----------------------------------------__-__ ---------------- Lessor Starof California nod'hsreb fi fes' it We wi there is an unencumbered balance irk the appropriate budget allot- ment or allotments sufficient to satisfy the obligations of the State of California, as herein stated, for 24Mz Zama fiscal year, and that the amounts of said obligations have been properly entered as encumbrances against such allotments. 4) RT#Agtff(W ROAN" OVED 6c€auNrtNa Orrxesa �- ONO W AWWAW $VOW" J"Es DEA NAMN Of STATz AoxNcy Instructions to be Observed in Executing Lease (1) The lease shall be dated. (2) The address of the Lessor shall be clearly written in paragraph seven. (3) Premises shall be fully described, and, in case of rooms, the floor and room number of each room given; also give square footage if room or building. (4) Insert sum representing rental for whole term following paragraph reading "Rental." (5) Both husband and wife must execute lease if property is community, except for a term not exceeding one year, inwhicb case the husband may execute lease. If term does not exceed one year but lease carries an option vbicb would extend term-beyond one year,then both husband and wife must join inex -ecution, trator or trustee utust be furnished. The executor or administrator inay lease property without an order of the court when the tenancy is froin, month to month, or for a term not to exceed one year, and the rental does not exceed one hundred dollars per month. (7) Whenever the lease is executed by an attorney,agent or trustee on behalf of the Lessor,one authenticated copy of his Power of attorney, or other bvidence of authority to act on btbalf of the Lessor, shall accompany the lease. (8) When the Lessor is a partnership,the names of the partners composing the firm shall be stated in the body of the lease. The lease shall be signed with the partnership name followed by the name of the partner signing the same. (9) Where the Lessor is is corporation, the lease shall be signed with the corporate name, followed by the signature and title,of the officer or other person signing the same on its behalf, duly attested, and, if requested by the State,evidence of his authority to so act shall be f urnished. (10) Under Paragraph four of the lease insert utilities and service to be furnished, such as beat, light, janitor service,etc, (11) There shall be no deviation from this form without prior approval through the Department of Finance, Sacramento,California. No interlineations, deletions, or other alterations are Permitted except specific notation of the same shall be entered in the blank space following paragraph fifteen before signing. IN WITNESS WHEREOF, This indenture has been executed in triplicate by the parties hereto as of the date first above written and the Lessor has hereunto set its hand and seal , and the Lessor has caused the some to be executed in its corporate name by its Mayor -44etidesv ,,and attested and sealed by its G31 y (;lark and the State of California has cauWd the Same to be executed and sealed by its duly appointed, qualified and acting Attest: - -------------------- --- -- .-- - - ----- ------- ------------------ City Ul®rk. yor of the c,. ,y o lands ---------------------------------------- - Leuor Stat of California ---------------------------------- -�- � there is an unencumbered balance in the appropriate budget allot- ment or allotments sufficient to satisfy the obligations of the State Of California, as heron stated,for the f fiscal year, mad that the amounts of said obligations have been mom properly entered as encumbrances against such allotments. "Mcm CW rt""" POVED V To uxnNa Omcaa W = AWWAW GIMM" j"98 NAxa or SrAys Aamct Instructions to be Observed in Executing Lease (1) The lease shall be dated. (Z) The address of the Lessor shall be clearly written in paragraph seven. (3) Premises shall be fully described, and, in case of rooms, the floor and room number of each room given; also give square footage if room or building. (4) Insert sum representing rental for whole term following paragraph reading "Rental." (5) Both husband and wife must execute lease if property is community, except for a term not exceeding one year, in which case the husband may execute lease. If term does not exceed one year but lease carries an option which would extend term heyvnd one year,,tltert both husband and.wife,;#�est,.}<ri�its c�#xon. $�7r+PY - STATE OF ( : 71 01=,A as WIITM OF SM JU=U*1W11g0 On this 13th day of :: ptambor, 1948, before r.e, 11aa U. Mlson a idotary public in and for the County of San ijersnardino, oto of California, residing tb.oroin, duly comissloned and MOM, persoM�lly appeared Mauriae Clapp, to me to be the Payor and H. R. Whaley, knOvin to Me to be the City Glork of the City of Redlands, tho corpora- tion that eXegUted the within inatrument,r and a0knowledcod to Me that such 0011-por(lition axooUtod tho same. IN ;XrWss R aXrf I have hereunto set my hand and affixed Oxy official seal, the day and year in this certifloate Pirat above 1"Ti l•ten q 1 rx,. inqj R" H `g • �'o • lag 141 4P 9 o a- A J 431 jai9ry ora A S old a ob 014 A 4a i a 911 11 'Al� s s a