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Recorded in OfficialLarryR Walker
Recorder
Recorder
Ban Bernardino,
19990471150
Doc No ,
Recording requested by ,� � �� � '� � '� �,�
and when recorded return to:
299
City Clerk 205 4021 3550 01 05
City of Redlands 1 2 3 4 5 6 1 a 9 0
PO Box 300'55 PG FEE APF G€FSS PH CPY CRT CPY•ADG NM PEN PR PCOR
Redlands, CA 92373
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NON ST LN SVY l CIT-CQ g TRANS TAX 4A CHRG EXAM
FEES NOT REQUIRED
LEASE PER GOVER14MENT ICODE
SECTION 6103
This lease agreement("Lease") is dated this 20th day of October, 1999 by and between the
City of Redlands, a municipal corporation, ("Landlord"), and Ronn and Diana Jenks ("Tenant").
Landlord, for and in consideration of the covenants to be kept and performed by Tenant
under this Lease hereby leases to Tenant, and Tenant agrees to lease from Landlord,the following:
Carriage House in Prospect Park, 1352 Prospect Drive, Redlands, California(the "Premises").
Section l. Term. This Lease shall be on a month to month basis,commencing at 12:01 a.m.
on October 20, 1999("Commencement Date"),and continue until terminated by Landlord,without
cause,or by Tenant by providing written notice of such termination to the other thirty(30)days prior
to the date of termination.
Section 2. Tenant Duties. As consideration for City's leasing of the Premises to Tenant,
Tenant shall perform the following duties with regard to the Premises:
1. Open and close the Carriage House for scheduled functions and events-,
2. Open and close the chain crossing the driveway for scheduled functions and events,
3. Accept bookings of scheduled functions and events;
In addition, Tenant shall perform the duties in the Tenant-Caretaker Agreement w=hich is
attached hereto as Exhibit "A" and incorporated herein by this reference.
Section 3. Use of Premises. During the term of this Lease, the Premises shall be used by
Tenant solely as a private residence. Tenant shall not use or permit the Premises to be used for any
other purpose,without the prior written consent of Landlord.
Section 4. Insurance. Tenant shall not commit or permit the commission of any acts on the
Premises, nor use or permit the use of the Premises in any manner, that will increase the existing
rates for, or cause the cancellation of, any fire, liability or other insurance policy insuring the
Premises or the improvements on the Premises. Tenant shall, at its own cast and expense, comply
I:,t itn`.Agroements,3IbR_upd 1
with any and alt requirements of Landlord's insurance carriers necessary for the continued
maintenance at reasonable rates of fire and liability insurance policies on the Premises and the
improvements on the Premises.
Section S. Waste or Nuisance. Tenant shall not commit,or permit the commission by others
of, any waste on the Premises. Tenant shall not maintain, commit or permit the maintenance or
commission of any nuisance on the Premises and Tenant shall not use or permit the use of the
Premises for any unlawful purpose.
Section 6. Compliance with Laws. Tenant shall, at Tenant's own cost and expense, comply
with all statutes,ordinances,regulations and requirements of all governmental entities,both federal
and state, and municipal, relating to Tenant's use and occupancy of the Premises whether those
statutes,ordinances,regulations and requirements are now in force or are subsequently enacted. The
judgment of any court of competent juri sdiction,or the admission by Tenant in aproceeding brought
against Tenant by any governmental entity, that Tenant has violated any such statute, ordinance,
regulation or requirement shall be conclusive as between Landlord and Tenant and shall constitute
grounds for termination of this Lease by Landlord,
Section Taxes And Utilities.Tenant shall pay the sum of$75.00 dollars per month directly
to the Friends of Prospect Park for the furnishing of water,sewer and waste disposal to the Premises
during the term of this Lease.
Section 8. Possessory Interest. Tenant shall pay any and all taxes and licenses which may,
during the Term of this Lease,be levied or assessed on the Premises, or on the personal property or
business owned by Tenant and located on the Premises. Tenant acknowledges and agrees that, in
accordance with California Revenue and Taxation section 107,6, that he Premises may be subject
to property taxation and that Tenant may be deemed to have a possessory interest in such property
and may be subject to the payment of property taxes levied on such interest.
Section 9. Condition of Premises. Tenant accepts the Premises "As Is," as well as the
improvements located on the Premises, in their present condition and stipulates with Landlord that
the Premises and improvements are in good clean., safe and tenantable condition as of the date of
this Lease.
Section 10. Maintenance by Landlord. Landlord shall,at its own cost and expense,maintain
in good condition and repair the structural elements of the Premises. For purposes of this section,
fistructural elements"shall mean the exterior roof exterior w=alls,structural supports and foundation
of the Premises. Landlord shall not be liable for any damages to Tenant or the property of Tenant
resulting from Landlord' s failure to make any repairs required by this section unless prior written
notice of the need for those repairs has been given to Landlord by Tenant and Landlord has failed
for a period of thirty(30) days after receipt of the notice, unless prevented by causes not the fault
of the Landlord,to make the needed repairs.Notwithstanding anything in this section to the contrary,
Tenant shall promptly reimburse Landlord for the full cost of any repairs made pursuant to this
section required because of the negligence or other fault,other than normal and proper use,of Tenant
[:,ditn',Agreeiiients>3168,wpd 2
or its employees, agents, subtenants or invitees if any. Landlord and its agents shall have the right
to enter the Premises at all reasonable times(and at any time during an emergency)for the purpose
of inspecting them or to make any repairs required to be made by Landlord under this Lease.
Section 11.Maintenance by Tenant. Except as otherwise provided for in this Lease,Tenant
shall at its own cost and expense keep and maintain all portions of the Premises and all portions of
the Premises and all 'improvements located on the Premises in good order and repair and in as safe
and clean a condition as they were when received by Tenant from Landlord, reasonable wear and
tear excepted; provided,however,that Tenant shall not undertake any repairs without prior written
notice to, and the prior written consent of, Landlord.
Section 12. Alterations and Liens. Tenant shall not make or permit any other person to
make any alterations to the Premises or to any improvements on the Premises without the prior
written consent of Landlord. Furthermore, any and all alterations, additions, improvements and
fixtures, except furniture and trade fixtures,made or placed in or on the Premises by Tenant or any
other person shall on expiration or earlier termination of this Lease,become the property of Landlord
and remain on the Premises. Landlord shall have the option,however, on expiration or termination
of this Lease, of requiring Tenant, at Tenant's sole cost and expense, to remove any or all such
alterations, additions, improvements or fixtures from the Premises.
Section 13. Inspection by Landlord. Tenant shall permit Landlord and Landlord's agents,
representatives or employees to enter the Premises at all reasonable times for the purpose of
inspecting the Premises to determine whether Tenant is complying with the terms of this Lease, for
the purpose of doing other lawful acts that may be necessary to protect Landlord's interest in the
Premises, or for the purpose of performing Landlord's duties under this Lease.
Section 14. Surrender of Premises. On expiration or earlier term]nation of this Lease,Tenant
shall promptly surrender and deliver the Premises to Landlord in as good condition as they are now
at the date of this Lease, excluding reasonable wear and tear, and repairs required to be made by
Landlord under this Lease.
Section 15. Indemnity And Insurance. Tenant shall defend, indemnify and hold Landlord
and its elected officials,officers and employees harmless from and against any all liability resulting
from Tenant's occupation and use of the Premises, Including without limitation,any claim,liability.
loss or damage arising by reason of
(a)The death or injury of anyp erson or persons, including Tenant, or any person who is an
employee or agent of Tenant,or by reason of the damage to or destruction of any property,including
property owned by Tenant or any person who is an employee or agent of Tenant, and caused or
allegedly caused by either the condition of the Premises, or some act or omission of Tenant or of
In - -
some agent, contractor, employee, servant, subtenant or concessionaire of Tenant on the Premises
(b) Any work performed on the Premises or materials furnished to the Premises at the
insistence or request of Tenant or any agent or employee of Tenant; and
1:',(Iiti7`.At,,reements�3168.wpd
(c)Tenant's failure to perform any provision of this Lease or to comply with any requirement
of law or any requirement imposed on Landlord or the Premises by any duly authorized
governmental agency.
Section 16,Tenant's Personal Property. Tenant shall, during the full term of this Lease and
any renewals or extensions hereof, maintain at Tenant's own cost and expense an insurance policy
issued by a reputable company authorized to conduct insurance business in California insuring for
their full insurable value all fixtures and equipment in or on the Premises against damage or
destruction by fire, theft or the elements. Landlord shall be named an additional insured on such
policy and the insurance coverage evidenced by the policy shall be primary and non-contributing to
any insurance or self-insurance maintained by Landlord.
Section 17.Cancellation Requirements. The insurance policy shall be in a form reasonably
satisfactory to Landlord and shall carry an endorsement that,before changing or canceling the policy,
that the issuing insurance company shall give Landlord at least 30 days' prior written notice.
Duplicate originals or certificates of such insurance policy shall be delivered to Landlord within ten
(10) days of the date of execution of this Lease.
Section 18. Restriction Against Subletting or Assignment. Tenant shall not encumber,
assign, or otherwise transfer this Lease, any right or interest in this Lease,or any right or interest in
the Premises or any of the improvements that may now or hereafter be constructed or installed on
the Premises,without first obtaining the express prior written consent of Landlord-Tenant shall not
sublet the Premises or any part of the Premises or allow any other person,other than Tenant's agents,
servants and invitees to occupy the Premises or any part of the Premises without the prior written
consent of Landlord.A consent by Landlord to one assignment,one subletting or one occupation of
the Premises by another person shall not be deemed to be a consent to any subsequent assignment,
subletting or occupation of the Premises by another person.Any encumbrance,assignment,transfer
or subletting without the prior written consent of Landlord, whether voluntary or involuntary, by
operation of law or otherwise, is void and shall at the option of Landlord,terminate this Lease. The
consent of Landlord to any assignment of Tenant's interest in this Lease or the subletting by Tenant
of the Premises or parts of the Premises shall not be unreasonably withheld.
Section 19. Default Defined, The occurrence of any of the following shall constitute a
material default and breach of this Lease by Tenant:
(a)Any failure by Tenant to pay the rent or to make any other payment required to be made
by Tenant under this Lease,
(b) A failure by Tenant to observe and perform any other provision of this Lease to be
observed or performed by Tenant, after written notice of Tenant's failure is given by Landlord to
Tenant.
(c)The making by Tenant of any general assignment for the benefit of creditors, the filing
by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for
reorganization or arrangement under any law relating to bankruptcy (unless, in the case of petition
filed against Tenant, it is dismissed within 60 days); the appointment of a trustee or receiver to take
L dj m Agreetnents3168.wpd 4
possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this
Lease, when possession is not restored to Tenant within 30 days; or the attachment, execution, or
other Judicial seizure of substantially all of Tenant' s assets located at the Premises or of Tenant' s
interest in this Lease, when that seizure is not discharged within 30 days.
Section 20.Termination of Lease and Recovery of Damagles. In the event of any default by
Tenant under this Lease, in addition to any other remedies available to Landlord at law or in equity,
Landlord shall have the right to terminate this Lease and all rights of Tenant hereunder by giving
written notice of the termination. No act of Landlord shall be construed as terminating this Lease
except written notice given by Landlord to Tenant advising Tenant that Landlord elects to terminate
the Lease. In the event Landlord elects to terminate this Lease, Landlord may recover from Tenant:
(a) The worth at the time of award of any unpaid rent that had been earned at the time of
termination of this Lease;
(b)The worth at the time of award of the amount by which the unpaid rent that would have
been earned after termination of the lease until the time of award exceeds the amount of rental loss
that Tenant proves could have been reasonably avoided-,
(c) The worth at the time of award of the amount by which the unpaid rent for the balance
of the term of this Lease after the time of award exceeds the amount of rental loss that Tenant proves
could be reasonably avoided; and
(d)Any other amount necessary to compensate Landlord for all detrimentproximately caused
by Tenant's failure to perform its obligations under this Lease.
The term "rent" as used in this section shall mean the Minimum Rent,the Percentage Rent,
and all other sums required to be paid by Tenant pursuant to the terms of this Lease. As used in
subsections (a)and(b) above, the "worth at the time of award" is computed by allowing interest at
the rate of 10 percent per year. As used in subsection (c), the "worth at the time of award" is
computed by discounting that amount at the discount rate of the Federal Reserve Bank of San
Francisco at the time of award plus I percent.
Section 21. Landlord's Right to Continue Lease in Effect.
(a) If Tenant breaches this lease and abandons the Premises, Landlord may continue this
Lease in effect by not terminating Tenant's right to possession of the Premises, in which event
Landlord shall be entitled to enforce all its rights and remedies under this Lease, including the right
to recover the rent specified in this lease as it becomes due under this Lease. For as long as Landlord
does not terminate this Lease,Tenant shall have the right to assign or sublease the Premises with the
Landlord's prior written consent. Landlord shall not unreasonably withhold consent.
(b)No act of Landlord,including but not limited to Landlord's entry on the Premises,efforts
to relet the Premises, or maintenance of the Premises, shall be construed as an election to terminate
1:,qit-n,Agre.ements'-,3168.wpd 5
this Lease unless a written notice of that intention is given to Tenant or unless the termination of this
Lease is decreed by a court of competent jurisdiction.
Section 22.Landlord's Right to Cure Tenant Defaults, If Tenant breaches or fails to perform
any of the covenants or provisions of this Lease, Landlord may, but shall not be required to, cure
Tenant's breach.Any sum expended by Landlord,with the then maximum legal rate of interest,shall
be reimbursed by Tenant to Landlord with the next due rent payment under this Lease.
Section 23. Cumulative Remedies. The remedies granted to Landlord in this section shall
not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by
law or provided in this Lease.
Section 24.Waiver of Breach. The waiver of Landlord of any breach by Tenant of any of the
provisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent
breach by Tenant either of the same or another provision of this Lease.
Section 25.Force Mai eure-Unavoidable Delays If the performance of any act required by
this Lease to be performed by either Landlord or Tenant is prevented or delayed by reason of an act
of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws
or regulations, or any other cause except financial inability that is not the fault of the party required
to perform the act,the time for performance of the act will be extended for a period equivalent to the
period of delay, and performance of the act during the period of delay will be excused. However,
nothing contained in this section shall excuse the prompt payment of rent by Tenant as required by
this Lease or the performance of any act rendered difficult solely because of the financial condition
of the party required to perform the act.
Section 26. Attorneys' Fees. If any legal action is commenced between the parties to this
Lease concerning the Premises, this Lease, or the rights and duties of either in relation to the
Premises or to this Lease, the party prevailing in that action shall be entitled to, in addition to any
other relief that may be granted in the action, a reasonable sum as and for its attorneys'fees in that
action that are determined by the court.
Section 217. Notices. Except as otherwise expressly provided by law, any and all-notices or
other communications required or permitted by this Lease or by law to be served on or given to
either party to this Lease by the other party to this Lease shall be in writing and shall be deemed duly
served and given when personally delivered to the party to whom they are directed, or in lieu of
personal service,when deposited in the United States mail, first-class postage Pre-paid, addressed
to Tenant at 1352 Prospect Drive, Redlands, California, 92373 or to Landlord at 35 Cajon Street,
Suite 200, P. O. Box 3005, Redlands, California, 92373. Either party, tenant or Landlord, may
change its address for the purpose of this section by giving written notice of that change to the other
party in the manner provided in this section.
Section 28. Entire Agreement. This Lease constitutes the entire agreement between
Landlord and Tenant respecting the Premises, the leasing of the Premises to Tenant and correctly
1:id.im'Agreeiiients"3168.wpd 6
sets forth the obligations of Landlord and Tenant to each other as of its date. Any agreements or
representations respecting the Premises or their leasing by Landlord to Tenant not expressly set
forth in this instrument are null and void.
Section 29. Time of Essence. Time is expressly declared to be of the essence in this
Lease.
Executed on this 19th day of October, 1999.
CITY OF REDLANDS ATTEST
Byl
ViII16 E. Cunninghar�',jiMayor L6rrie oyze-,,, Ci� e
TENANTS
JJ
By: By:
V Ronn Jenks Dianoenks
1a(fnf Agreenients'13168,wpd 7
EXHIBIT "A"
FRIENDS OF PROSPECT PARK
TENANT - CARETAKER AGREEMENT
Section t. General Terms.
A. Tenant agrees to perforin the following specified duties to the satisfaction of the
Friends of Prospect Park ("FOPP"). FOPP has the right to dismiss tenant, without cause, on thirty
days written notice.
B. Tenant will occupy the caretaker's apartment in the Carriage House in Prospect Park,
Redlands,CA. Apartment to be occupied by a maximum of two persons. All utilities except tenant's
personal telephone and TV cable will be the responsibility of FOPP.
C. Tenant has use of designated enclosed storage area in lower level. Tenant may use
apartment appliances, namely clothes washer and dryer and the refrigerator.
D. Tenant is provided with parking on the lower level for two automobiles (no RV
vehicles).
E. Tenant is allowed two weeks "off duty" each year. Thirty days notice to FOPP is
required.
F. Tenant shall always be courteous to the public and demonstrate pride in the Carriage
House.
Section I Tenant's Duties.
A. Be responsible for the security of the building. Respond to alarms and report
emergencies to police and FOPP representative.
B. Open building for scheduled events. Inspect the facilities with the renter prior to the
event. Verify number of persons expected to attend and ensure that the number does not exceed the
fire safety regulations. Inspect the building L-
-with the renter after the event,noting any damage or rule
violations, and complete a checklist to be signed by the tenant and renter. Secure the building and
set the alarm.
C. The chairman of the House and Grounds Committee or designated representative will
be responsible for:
I Authorizing any withholding from the security./cleaning deposit for expenses
incurred in cleaning or repair of damages,
2. Resolving any dispute regarding financial responsibility for repair of damage
l�,,ca'ditii'Agreemei-itsl,3168 Exhibit A.wpd
or cleaning-,, in due consultation with the Board,
3. Authorization of expenditure of funds for cleaning and;or repair.
D. Keep the Carriage House neat and clean. All cleaning supplies, paper towels and
toilet paper must be kept fully stocked and dispensers full at all times.
E. Be responsible for kthe outside patio, sidewalks and steps swept and clean.
ZD
F. Monitor the irrigation system and landscaping in front of the Carriage House and
report any problems to the Chairman of the House and Grounds Committee. Adequately water all
potted plants inside and outside the building.
G. As specified in the Reservation Contract for each event,Tenant will assist in set-up
of tables and chairs.
H. Empty trash containers in the building Into the park dumpster.
I. Close access roads to Carriage House at sundown daily and open access roads each
morning.
J. Report to the Chairman of the House and Grounds Committee.
Section.3. FOPP Responsibilities.
A. All communications between the Board and the Tenant regarding this contract will
be through the chairman of the House and Grounds Committee, or designated representative.
B. A designated representative of the House and Grounds Committee will always be
available to assist with problems Involved in rental activities.
C. FOPP will be responsible for major repairs and for hiring professional services.
D. FOPP will be responsible for all communication with City officials.
AGREED TO AND SIGNED ON
Tenant Landlord, City of Redlands
1:'Ica,d-ii-n'Agye-emeiits'1168 Exhibit A-\Npd
ALL-PURPOSE ACKINOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on October 20,
1999, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared William E. Cunningham and Lorrie Poyzer
{ X} personally known to me - or - I I proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
X0
LORRIE POYZER, CITY CLERK
R on
By:
Beatrice Sanchez, Deputy City Clerk
18EI8
%.
(909)798-7531
-14
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney--In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, California
— — — — — — — — — — — — — — — — — — — — — —
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Lease Agreement - Prospect Park Carriage House
Number of Pages : nine Date of Document: October .10, 1999
Z"
Signer(s) Other Than Named Above: Ronn Jenks and Diana Jenks
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4.1 Article 3, Section 1181, of the California Civil Code,
and Chapter 22, Division 3, Section 40814, of the California Government Code, on —1
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the
City of Redlands, California, personally appeared Ronn Jenks and Diana Jenks f I personally
known to me - or - {x } proved to me on the basis of satisfactory evidence to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacities and that by their signatures on the instrument the persons,
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
X\N V- REt) LORRIE POYZER, CITY CLERK
S
By:
1888
% Beatrice Sanchez, Deputy City Clerk
% (909)798-7531
0 R
— — — — — — — — — — — — — — — — — — —
CAPACITY CLAIMED BY SIGNER(S)
x Individual(s) signing for oneselUthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
Other
Title(s)
Entity Represented
I-HIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Lease Agreement - Prospect Park Carriage House
Number of Paves : nine Date of Document: October 20, 1999
Signer(s) Other Than Named Above: William E. Cunningham and Lorrie Poyzer