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INDENTURE, by and between LUKE DE VRIES AND GRACE'--'';
CONTRACT OF CITY OF REDLANDS
TO ACQUIRE REAL PROPERTY FOR
PUBLIC USE
ANNA DE VRIES, husband and wife, as community property, hereinafter
referred to as 'De Vries", and the CITY OF" REDLANDS, hereinafter
referred to as "City", is made and entered into this 2 day of
March, 1964.
In consideration of the covenants, promises and agreements
herein contained, it is hereby agreed as follows:
1. Property.
De Vries, for and in consideration of the amounts
herein reserved and agreed to be paid by City and
in further consideration of City's performance of
the covenants and agreements herein contained,
hereby lets to City that certain real property
situated in the City of Redlands, County of San
Bernardino, State of California, described as
follows:
Orange Grove Addition, Lots 1, 2, 3,
4, 5, and 6, Block B.
Together with such improvements as may be erected
and installed hereon by the City. Said real property
shall be referred to herein as "premises".
2. Remedies Upon Default.
The parties hereby agree to an alternative remedy
to any other remedies available to de Vries,
upon default by City in the payment of any amount
due under the terms of this agreement, or upon
the violation of any of the terms or conditions
hereof and the failure to remedy such default
within thirty days after written notice from
de Vries so to do. De Vries may at its option
enforce the terms of this agreement from time
to time and/or file suit for the payment ,7;f said
delinquent rental or for damages or for the per-
formance of any such covenant or agreement or
condition, and/or the de Vries in addition to
other rights and remedies reserved to it by law
may, without notice to quit or other formality,
re-enter the premises and take full possession
thereof. No re-entry of said premises by'de Vries
shall be construed as an election to terminate,
unless written notice to that effect is delivered
to City and all rights, powers, options, privileges
and remedies herein expressly given to de Vries shall
be cumulative to each other and to any other legal
or equitable remedy, right, power or privilege which
de Vries might otherwise have in the event of any
default by City, and no option, right, power, remedy
or privilege of de Vries shall be construed as
being e:thausted or discharged by the exercise
thereof in one or more instances, and it is agreed
that each and all of the rights, power, options,
or remedies shall be cumulative and no one of them
exclusive or any remedy provided bv The City
shall pay interest on all delinquent amounts and
on all other sums which it is or may become obligated
to pay under the terms of this lease at the rate
of si:7, percent per annum from the date when the
same become due until paid.
3 Payments.
City agrees to Pay and de Vries agrees to accept
as rental for said premises, during the term here
of, an annual rental of $5,400.00, being of the
unpaid additional rent as included in the 25 annual
options which are part of this lease. The above
amount of $5,400.00 may be reduced, if necessary,
on the first dav of March of each succeeding year
to 6% of the unpaid balance of the additional rent
still due under the optional schedule herein.
Such amount shall be the regular rent due for the
ensuing year under the terms of this lease. The
yearly regular rent payments shall be made in even
quarterly amounts beginning June 1 of each year.
All of said amounts shall be paid for and in
consideration of the use of the said real property,
and in consideration of the continued quiet use and
enjoyment thereof during each period for which said
regular rental is to be paid. Amounts in addition
to the regular rent provided herein may be paid
in advance at any time and applied to future
additional rental obligations and the parties may
mutually agree upon a revised schedule of payments.
The term hereof shall be 25 years, beginning March
1, 1964, unless sooner terminated, by exercise of
option.
0g6Aj 014 C'
PA
Covenants of Cita.
The City covenants and agrees with de Vries:
(I) To use premises for lawful purposes only.
(2) To pay the rents herein specified-
(3) To use said premises in a careful and
proper manner.
(4) To comply with such lawfu., requirements
of State, Municipal and public authorities
as relate to its use and occupancy of said
premises.
(5) To maintain premises and improvements
and make all replacements and repairs
necessary to premises and improvements
during the term hereof, ordinary ear
and tear exoepted.
(6) To permit de Vries to examine said premises
during theusual business hours.
(7) To pay for all gas, electricity, light,
heat, power, water and other service or
utility used on or supplied to said
Prem:ises.
(8) To pay all real and personal taxes and.
assessments on or in respect to said
premises and/or improvements and/or
leasehold, any and all installments of
I assessments against said premises
and/or improvements, which become due and
Payabla--, during the term hereof, and license
fees or taxes imposedby the City on any
lessor by reason of its engagjng in the
business of leasing said premises to the
City, and all insurance premiums for
c,dicir.s required under 'ring provisions
of this lease.
(i) To progure and. maintain in force during
the .77erm of this Lease an insurance policy
or policies insuring de Vries against
public liability and property damage,
certificate of said insurance to be
furnished de Vries. Ali required insurance
shall be carried with insurance companies
selected by the City and. licensed to do
300X
4 pAga.,8
business in the State of California. A
renewal policy Shall be procured not less
than ten days prior to the expiration of
any such policy. The policies of insurance
as above provided or certificates of the
insurers evidencing insurance carried on
or res cng the premises hereby leased
shall
forthwith deposited with the
lessor. Nothing in this lease contained
shall prevent either party frora obtaining
additional insuranceat its own expnse.
All insurance during original course of
cons-truction shall be at theso1 cost02
the lessor.
(10) To discharge any mechanic's lien or liens
filed ,ainst the leased premises for work
done by or for, or materials furnished to
City, forthwith or within a reasonable time
thereafter, by paying the amount of the
lien or litigate the Sate.with due care
and diligence to a final judgment or decree
from which there is no appeal, In the
event such judgment or decree upholds said
lien in whole or in part, lessee shall forth
with pay the same.
Covenants of de Vries.
De Vries covenants andagrees with City:
(I) That de Vries has suffered or permitted
no encumbrances or liens upon its title
to the premises andthat de Vries has full
right and authority to execute this lease,
and agrees that City, upon paying said rent,
and performing the covenants of this lease,
shall quietly have, hold and enjoy the
demised premises during the term hereof,
(2) That City Shall, at its awn expense, have
the right co make installations, changes
and improvements upon. said leased. premises
as may be necessary for City's purposes.
(3) That City may assign this lease or sublet
the said premises or any part thereof for
any lawful purpose, but shall remain liable
ror the performance of its covenants
hereunder.
Option. to _7erchase.
De Vries does hereby give, grant and convey to
the right and exclusive option to purchase the ea!d.
site for the terms and in. the manner provided in the
schedule attached tothis contract..as Exhibit A and
incorporated by reference as a. part hereof. At any
time City desires to exercise one of the above options,
the City shall deposit the money so due in. escrow and
said escrow shall be conditioned on the conveyance
of the said site to the Civ subject only to any
liens or encumbrances incurred, permitted or suffered
by Oir, and the fu0n3s0ing by the lessor of a
sramaard form policy of title insurance in the amount
of the purchase price, showing title to said property
to be so vested in City within sixty days after the
option date. The escrow costs andpolicy of title
insurance shall be paid. by City.
Ass,tignmei
De Vries may assign its intere2t. hereunder, or transfer
such, interest in trust as security. De Vries, not-
- Ithetanding any assignment of its interest, as
provided herein, shall at all times remain bound to
perform. all covenants, condltions, and agreements
of de Vries hereunder except as hereinafter provided
inthis paragraph. After acceptance by City of
possession and upon an agreement being entered into
between City and a responsible assignee of de Vries
whereby said assignee agrees to be bound to perform
all covenants, conditions andagreements herein provided,
assignor shall be released from any further obligations
under this lease.
Genera. . Conditions of Agreement.
Each and all of the terms and agreements herein contained
shall be binding upon and inure tothe benefitof the
successors in interest of de Vries and the City respectively.
17 is hereby covenanted and agreed that time is of the
essence of this agreement except where otherwise
expressly provided.
eooK 6164 PACE 630
ATTEST:
There are no covenants and warranties other than
those expressed herein, other than the warranty
of title.
i;
race Anna de Vries
..,./A
CITY OF REDLANDS
By
Mayor
Luke ae vries anu lTt"dt:G Xlula ♦++�+
known to me,
to be the persons whose names .subscribed to the within
Instrument, and acknowledged to me that the y . executed the same.
WITNESS my hand and official seal.
WMMMMIMMMB!IiNfI WIIII
r" ".."E M. KIMBLE
LIC
1 n7� COUNTY
ACKNOWLEDGMEN'T—GENERAL—WOLCo7T5 FoRA�Lt'—iFtf=vi42-63
_,::,umu:rrua4l:nllnuuuuuugiuuuq,mugpuunuuuwnuunenunnnrouelry�i
ss.
County of SAN BERNARDINO
before me,
NAME (TYPED OR
Notary Public in and
OLIVE M. KIMBLE
My Commission Expires October 12, 1964
70010
BEAL
March 2
ON personally
the appeared
inharlesaC Public kerdandsaHazeltyM ndSoper y
appeared L_
Mayor and City Clerk
of the CITY OF REDLANDS
the Corporation that executed the within Instrument, known to me to be the
person who executed the within Instrument, on behalf of the Corporation, therein
named, and acknowledged to me that such Corporation executed the same.
ACKNOW LEDGM ENT —CO aillMINilSl ($1463AM 222—�vfi. 3-67
ff
known to me to be the
NAME (TYPED c'sR'FPf2(NTED)
Notary Public in and for said
County and State.
75908
f
i
EXHIBIT A
1. The option shall be to purchase
the first year of the term of this lease,
shall be $90,000.00.
2. The option shall be to purchase
the second year of the term of this lease,
shall be $86,400.00.
3. The option shall be to purchase
the third year of the term of this lease,
shall be $82,800.00.
4. The option shall be to purchase premises at the end of
the fourth year of the term of this lease, and the purchase price
shall be $79,200.00.
5. The option shall be to purchase premises at the end of
the fifth year of the term of this lease, and the purchase price
shall be $75,600.00.
6. The option shall be to purchase premises at the end of
the sixth year of the term of this lease, and the purchase price
shall be $72,000.00.
7. The option shall be to purchase premises at the end of
the seventh year of the term of this lease, and the purchase price
shall be $68,400.00.
8. The option shall be to purchase
the eighth year of the term of this lease,
shall be $64,800.00.
9. The option shall be to purchase
the ninth year of the term of this lease,
shall be $61,200.00.
10. The option shall be premises at the end of
the tenth year of the term of and the purchase price
shall be $57,600.00.
11. The option shall be to purchase premises at the end of
the eleventh year of the term of this lease, and the purchase price
shall be $54,000.00.
12. The option shall be to purchase premises at the end of
the twelfth year of the term of this lease, and the purchase price
shall be $50,400.00.
13. The option shall be to purchase premises at the end of
the thirteenth year of the term of this lease, and the purchase
price shall be $46,800.00.
14. The option shall be to purchase premises at the end of
the fourteenth year of the term of this lease, and the purchase
price shall be $43,200.00.
to purchase
this lease,
premises at the end of
and the purchase price
premises at the end of
and the purchase price
premises at the end of
and the purchase price
premises at the end of
and the purchase price
premises at the end of
and the purchase price
the twenty-second year of the t
price shall be $1,400.00.
23. The option shall be to
twenty-third year of the term of
shall be $10,800.00.
24. The option shall be to
twenty-fourth year of
shall be $7,200.00.
25. The option
twenty-fifth year of
shall be $3,600.00.
15. The option shall be to purchase premises at the end of
the fifteenth year of the term of this lease, and the purchase price
shall be $39,600.00.
16. The option shall be to purchase premises at the end of
the sixteenth year of the term of this lease, and the purchase price
shall be $36,000.00.
17. The option shall be to purchase premises at the end of the
seventeenth year of the term of this lease, and the purchase price
shall be $32,400.00.
18. The option shall be to purchase premises at the end of the
eighteenth year of the term of this lease, and the purchase price
shall be $28,800.00.
19. The option shall be to purchase premises at the end of the
ninteenth year of the term of this lease, and the purchase price
shall be $25,200.00.
20. The option shall be to purchase premises at the end of the
twentieth year of the term of this lease, and the purchase price
shall be $21,600.00.
21. The option shall be to purchase premises at the end of the
twenty-first year of the term of this lease, and the purchase price
shall be $18,000.00.
22. The option shall be to purchase premises at the end of
of this lease, and the purchase
purchase premises at the end of the
this lease, and the purchase price
purchase premises at the end of the
the term of this lease, and the purchase price
shall be to purchase premises at the end of the
the term of this lease, and the purchase price