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HomeMy WebLinkAboutContracts & Agreements_185-20201/15/2021 Recording Requested by and when Recorded mail to: City Clerk City of Redlands PO Box 3005 Redlands, CA 92373 Document -13918377 -Page -1 0 Electronically Recorded in Official Records County of Saf1.ppdB @RgreementFY20-0011 Bon Dutton Assessor -Recorder -County Clerk 01/15/2021 02:02 PM SAN 11113 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 DOC# 2021-0023121 Titles: 1 Pages: 7 Fees Taxes CA SB2 Fee Total $0.00 $0.00 $0.00 $0.00 (THIS SPACE FOR RECORDER'S USE ONLY) (APN: 0174-01-402-0000) LEASE AGREEMENT This Lease Agreement ("Lease") is made and entered into this ls` day of September, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Peggy Heaton, an individual ("Heaton"). City and Heaton are sometimes individually referred to herein as a `Party' and, together, as the `Parties. In consideration of the mutual promises contained herein, and for such other good and valuable consideration the receipt of which is hereby acknowledged, the City, and Heaton, agree as follows: Section 1. Lease of Property. City hereby leases to Heaton, on a month to month tenancy basis, the six hundred thirty eight (638) square foot `apartment unit' (the `Premises") located on a portion of that certain real property identified as 1352 Prospect Drive in the city of Redlands, and more particularly described as San Bernardino County Assessor Parcel No. 0174- 01-402-0000 (the `Property"). Heaton accepts the Premises in their `as -is' condition as of the Effective Date of this Lease, without any warranty express or implied. Section 2. License for Access. City hereby grants Heaton a non-exclusive, revocable, license over the Property for the sole purpose of ingress and egress, to and from the Premises. Such license shall be in effect for the Term (as defined in Section 3 hereof) of this Lease. Section 3. Term. This Lease shall become operative and Heaton shall have the right to commence occupancy of the Premises on September 2, 2020. This Lease shall continue on a month to month basis and terminate on September I, 2021, unless earlier terminated or cancelled, as may be provided for herein ("Term"). On the expiration or earlier termination of this Lease, Heaton shall promptly surrender and deliver the Premises to City in as good condition as the Premises are in on the Effective Date of this Lease, excluding reasonable wear and tear. Section 4. Rent. Heaton shall pay City rent in the amount of seven hundred fifty dollars ($750) per month during the Term of this Lease, with the initial month's Rent payable within ten (10) calendar days of the Effective Date of this Lease. Every subsequent payment of Rent shall be due and payable on or before the fifth day of each month. All payments are to be made payable to the City of Redlands, and the Rent shall be paid at the office of City at 35 Cajon Street, Redlands, California 92373 Section 5 Use of Premises. During the Term of this Lease the Premises shall be used by Heaton solely for residential purposes, and no other purpose. L. a\djm\Agreements\Peggy Hearn 1 Pace Ageement.FY20-0O11.doc jn 1/1 Recording Requested by and when Recorded mail to. City Clerk City of Redlands PO Box 3005 Redlands, CA 92373 Heaton Lease Agreement.FY20-0011 (THIS SPACE FOR RECORDER'S USE ONLY) FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 (APN• 0174-01-402-0000) LEASE AGREEMENT This Lease Agreement ("Lease') is made and entered into this 1st day of September, 2020 ("Effective Date''), by and between the City of Redlands, a municipal corporation ("City"), and Peggy Heaton, an individual ("Heaton '). City and Heaton are sometimes individually referred to herein as a `Party' and, together, as the `Parties. In consideration of the mutual promises contained herein, and fot such other good and valuable consideration the receipt of which is hereby acknowledged, the City and Heaton, agree as follows: Section 1. Lease of Property. City hereby leases to Heaton, on a month to month tenancy basis, the six hundred thirty eight (638) square foot `apartment unit' (the `Premises") located on a portion of that certain real property identified as 1352 Prospect Drive in the city of Redlands, and more particularly described as San Bernardino County Assessor Parcel No. 0174- 01-402-0000 (the `Property"). Heaton accepts the Premises in their `as -is' condition as of the Effective Date of this Lease, without any warranty express or implied. Section 2. Lidense for Access. City hereby grants Heaton a non-exclusive, revocable, license over the Property for the sole purpose of ingress and egress, to and from the Premises. Such license shall be in effect for the Term (as defined in Section 3 hereof) of this Lease. Section 3 Term. This Lease shall become operative and Heaton shall have the right to commence occupancy of the Premises on September 2, 2020 This Lease shall continue on a month to month basis and terminate on September 1, 2021, unless earlier terminated or cancelled, as may be provided for herein ("Term"). On the expiration or earlier termination of this Lease. Heaton shall promptly surrender and deliver the Premises to City in as good condition as the Premises are in on the Effective Date of this Lease, excluding reasonable wear and tear. Section 4. Rent. Heaton shall pay City rent in the amount of seven hundred fifty dollars ($750) per month during the Term of this Lease, with the initial month's Rent payable within ten (10) calendar days of the Effective Date of this Lease. Every subsequent payment of Rent shall be due and payable on or before the fifth day of each month. All payments are to be made payable to the City of Redlands, and the Rent shall be paid at the office of City at 35 Cajon Street, Redlands, California 92373 Section 5 Use of Premises. During the Term of this Lease the Premises shall be used by Heaton solely for residential purposes, and no other purpose. 1 L. \djn\Agrc ents\Peggy Heaton Lease Agreement.FY20-0011.doc.jn Heaton Lease Ageement.FY20-0011 Section 6. Alterations and Repairs. A. Heaton shall not make, or permit any other person to make, any structural alterations to the Premises, or to any improvements on the Premises, without the prior written consent of City City shall not unreasonably withhold its consent. Notwithstanding the foregoing, after making reasonable attempts to contact City for approval, Heaton may undertake minor maintenance and repairs to the Premises which Heaton determines are immediately necessary to protect against injury to persons or property Within three (3) days of performing any minor maintenance or repairs not verbally approved by City Heaton shall provide written notification to City of the same. B Heaton shall keep the Premises free and clear from any and all liens, claims, and demands for work performed, materials furnished or operations conducted on the Premises. Furthermore, any and all alterations. additions, improvements and fixtures, except furniture and trade fixtures, made or placed in or on the Premises by Heaton or any other person shall, on expiration or earlier termination of this Lease, become the property of City and remain on the Premises. Section 7 Maintenance of Premises. A. Heaton shall, at her own cost, maintain the Premises in good order and repair, present condition and reasonable wear and tear excepted, except as provided in Subsection B, below Heaton shall also, at her own cost, maintain in good order and repair all grounds comprising the Property within ten (10) feet of the Premises. City shall be responsible for maintenance of all other grounds comprising the Property Pursuant to Sub -Section `C, below City shall have the right to enter the Premises, at reasonable times, for inspection and maintenance purposes. Should an inspection disclose the need for maintenance or repairs, City shall provide Heaton with written notice of the items requiring repair or maintenance. If action is not taken on such items by Heaton within sixty (60) days from the provision of such notice, City may enter the Premises and take whatever action is necessary to perform such maintenance or repairs at Heaton's expense. Heaton shall also be responsible for costs of any repairs to the structural elements of the Premises caused by Heaton or her invitees' actions during the Term of this Lease. B. City shall be responsible for maintenance and repair of all of the structural elements, the plumbing, electrical and mechanical systems of the Premises. `Structural Elements' shall include the roof, gutters, downspouts, walls, doors, windows, stairs, structural supports and foundation of the Premises. C. City and its agents shall have the right to enter upon and into the Premises at all reasonable times for the purpose of inspecting the same, to make alterations or repairs to the Premises, or for maintaining any service provided by City to Heaton. Except in emergencies, City shall give Heaton forty-eight (48) hours prior written notice of such entry City agrees that such entry shall be performed in a manner which minimises any interference with Heaton's business. 2 L:\ca\dymWgeements\Pe ry Heaton Lease Ageement.FY20-0011.doctin Heaton Lease Agreement.FY20-0011 D On the expiration or earlier termination of this Lease. Heaton shall promptly surrender and deliver the Premises to City in as good condition as the Premises are in on the Effective Date of this Lease, excluding reasonable wear and tear. Section 8. Compliance with Law During the Term of this Lease, Heaton shall comply with all Federal, State, and local laws relating to the occupancy of the Premises and the Property Section 9 Indemnity Heaton shall defend, indemnify and hold harmless City and its elected officials, officers. employees and agents, from and against any and all claims, causes of action, damages and liability resulting from Heaton's negligent acts or omissions, and the willful misconduct of Heaton, and her agents, and invitees, during Heaton s occupation and use of the Premises. Section 10. Public Liability and Property Damage Insurance. Heaton shall maintain at her own cost for the team of this Lease, public liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate, issued by an insurance company acceptable to City Heaton shall provide City with a certificate of insurance and endorsements showing City as an additional insured on the policy prior to Heaton's use and occupancy of the Premises. Such insurance shall be primary with respect to City and non-contributory to any insurance or self-insurance maintained by City The policy shall require that before amending or canceling the policy the issuing insurance company shall give City at least thirty (30) days prior written notice. Section 11 Assignment of Rights. Heaton shall not encumber, assign, sublease or otherwise transfer this Lease, or any right or interest therein, including any sublease or rental of the Premises, without the prior written consent of, and approval of the terms of such assignment or sublease by City Any such encumbrance, assignment. sublease or transfer without such prior consent and approval of City shall constitute a breach of this Lease and may at the sole discretion of City result in the immediate termination of this Lease. Section 12. Attorneys Fees. In the event any action is subsequently commenced to enforce or interpret the terms or conditions of this Lease, the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-house counsel by a Party Section 13 Property Insurance. Heaton shall, at her own cost, maintain an insurance policy issued by an insurance company acceptable to City insuring, all fixtures, equipment, fiimiture and personalty City assumes no responsibility for the loss, damage or destruction of items belonging to Heaton or others on the Premises. Section 14 Possessory Interest. In accordance with California Revenue and Tax Code Section 107 6, City is hereby notifying Heaton that the leasehold interest created by this Lease may be subject to property taxation and that Heaton may be subject to the payment of property taxes levied on such interest. Heaton shall be solely responsible for the payment of such taxes and shall defend, indemnify and hold City harmless from and against any and all claims or actions for payment (or non-payment) of such taxes. 3 L:\ea\djmAAareemcnts\Peggy Heaton Lease Agreement.FY20-0011.do .7n Heato Le Agreement.FY20-0011 Section 15 Notices. Any notice or other communication required, or which may be given, pursuant to this Lease shall be in writing. Any such notice shall be deemed delivered (i) on the day of delivery in person; (ii) five (5) days after deposit. postage prepaid, in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below or such other address as a Party may provide notice of in accordance with this section: CITY. HEATON. City Clerk Peggy Heaton City of Redlands 1352 Prospect Drive 35 Cajon Street Redlands, CA 92373 P 0 Box 3005 (mailing) pegrch@gmail.com Redlands, CA 92373 909-648-5668 jdonaldson@cityofredlands.org 909-798-7531 Section 18. Entire Agreement. This Lease constitutes the entire agreement between City and Heaton regarding the leasing of the Premises to Heaton. Any prior written or oral agreements or representations respecting the Premises or their leasing by City or Heaton not expressly set forth herein are null and void. Section 19 Amendments. Any and all amendments to this Lease shall be in writing and executed by the Parties. Section 20. Breach and Default by Heaton. All covenants and agreements contained in this Lease are declared to be conditions of this Lease, and to the Term for which the Premises are hereby leased to Heaton. Should Heaton fail to perform any covenant, condition or agreement contained in this Lease and the default not be cured within fifteen (15) days after written notice of the default is served on Heaton by City then Heaton shall be in default under this Lease; provided, however, that if the default is one not capable of cure within such fifteen (15) days, Heaton shall so notify City in writing, shall commence action to cure within such fifteen (15) days and prosecute such cure diligently until completion within a reasonable time. Heaton s failure to complete such cure within a reasonable time shall also constitute a default by Heaton. Section 21. Termination. In the event of any default of this Lease by Heaton, in addition to any other rights or remedies City may have, City shall have the immediate right of reentry and may remove all persons and property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of Heaton. Further, in the event of a default of this Lease by Heaton, City shall have the option of immediately terminating this Lease. All remedies of City under this section shall be cumulative and in addition to any other legal or equitable rights and remedies which City may have. Section 22. Waiver. No waiver by either Party of any provision of this Lease, or waiver of any breach of this Lease, shall be deemed to be a waiver of any other provision of this 4 L9ca\djmukgreements\Pcggy Heaton Lease Agreement.FY20-001 I.do .jn Heaton Lease Agreement.FY20 0011 Lease, or of any subsequent breach by either Party of the same or any other provision of this Lease Section 23 Severability If any particular provision of this Lease is held invalid or unenforceable for any reason, this Lease shall otherwise remain in full force and effect and shall be construed in all respects as if such invalid or unenforceable provision were omitted In witness whereof, the undersigned authorized representatives of City and Lessee have executed this Lease as of the 1st day of September, 2020, at Redlands California CITY OF REDLANDS aul W Foster, Mayor ATTEST /1 Agioofe Donaldson, City Clerk ACIxed,464 HEATON 5 L.IcaldjmlAgreements\Peggy Heaton Lease Agreement.FY24-0011.doc in eaton, an Individual .11:42:71:0:0 51: 5,..:; ::ai'Cr1::63seere*"{'7.i>':4i:SJ':`.`3=63:5.)', CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 7:`)«.•. :�i"A'?:+•RT .'... .. .. 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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document State of California County of S0.'(� &111(11 6-1-1'} 0 Ons5_e micy,r 8! -262.0 before me, Did nQ Inst MotartiMill i C, Date Here Insert Name and TitleitJ/`of the Officer rCi personally appeared �CL slCf and ��Q17%' 0 n Gf 11 5 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose nam6 N./are subscribed to the within instrument and acknowledged to me that he/Ne/they executed the same in 1'6s/her/their authorized capacit ( ) and that b fits/ltsr/their signature0 on the instrument the person s) or the entity upon behalf of which e person cted, executed the instrument z DIANA RAINS Notary Public California San Bernardino County Commission # 2175775 My Comm Expires Dec 16 2020 z z Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature OPTIONAL a AJ D Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form Description of Attached Document Title or Type of Document Document Date Lease., to an unintended document 174-01-'102-000d) Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Narne ❑ Corporate Officer — Title(s). ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact O Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee LI Guardian of Conservator ❑ Other Signer is Representing ©2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r. `��c 'X' <`- C. 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MCCAS ANO Notary Public California Riverside County Commission # 2319647 My Comm Expires Feb 19, 2024 Place Notary Seal Above WITNESS my hand and officialseal Signature Signature of Nota Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) E Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee E Guardian or Conservator ❑ Other. Signer Is Representing Signer's Name ❑ Corporate Officer — TitEe(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee E Guardian or Conservator ❑ Other. Signer Is Representing. ©2014 National Notary Association • www NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907