HomeMy WebLinkAboutDeeds & Easements_P-6AGREEMENT OF RENTAL
This Agreement, made this 19-r- day of September 1973,
by and between the City of Redlands, a municipal corporation,
hereinafter called the City, and Mr. Wayne R. Bohrnstedt and
Mrs. Betty Lou Bohrnstedt, husband and wife, 1623 Halsey Street,
Redlands, California, hereinafter call Bohrnstedt:
WITNESSETH:
That for/and in consideration of the sum of one dollar
($1.00) the receipt of which is hereby acknowledged, and other
valuable considerations, and the performance of the covenants
herein contained in the manner hereinafter specified, the City
does hereby rent to Bohrnstedt, the premises located at
102 East Redlands Boulevard and 120 North Fifth Street, Redlands,
California.
Bohrnstedt agrees as follows:
1. To use said premises at 102 East Redlands Boulevard
only for the sole and exclusive purpose of sub -lease
to Alba Croteau, et al., for operation of a Restau-
rant Business offering food and beverages for sale
to the public and to use said premises at 120 North
Fifth Street only for the exclusive purpose of sub-
lease to Phil Pinto for the operation of a Barber
Shop. No specific parking privileges are granted
by this agreement.
2. That this written agreement of rental shall not be
transferred or assigned, in whole or in part, nor
shall any assignment or sub -lease of any rights
herein granted to Bohrnstedt be made except sub -leas-
ing as specified in paragraph 1 above, without the
prior written consent of the City.
3. To perform any and all necessary maintenance and
repairs in and on the structure without expense to
the City. Repairs also include repair of any damage
caused by fire, windstorm, etc.
4. To accept the premises in an "as -is" condition.
5. To commit no waste or nuisance on the premises; to
keep the premises in a clean and orderly condition;
and to comply with all city ordinances and license
requirements.
AGREEMENT OF RENTAL Page 2
6. To make no alteration of any room in the building
without prior written permission of the City Manager,
City of Redlands.
7. To pay all water, sewerage, disposal, electric, gas
or other lighting or heating charges against the
premises during the term of this agreement.
8. a. To hold the City harmless from any and all
liability for any damage to any occupant of the
property herein rented or to any other person
during the term of this rental occasioned by
or resulting from any carelessness, negligence
or improper conduct on the part of Bohrnstedt
or his employees or agents, or resulting from
any accident thereon or originating from, on,
in, or about said premises, and the City shall
not be liable for any damage, loss or injury
to any person suffered on, in, or about the same
by reason of any present, future, latent or
other defects in the character or condition of
the property herein rented or any part or portion
thereof.
b. As a condition precedent to the effectiveness
of this agreement and in partial performance of
Bohrnstedt's obligations hereunder, Bohrnstedt
shall obtain and maintain in full force and effect
during the term of this agreement, a policy or
policies of Liability Insurance in carriers and
in form satisfactory to City with single limit
of $300,000 Bodily Injury insurance and $50,000
Property Damage insurance. Bohrnstedt shall
cause to be attached to all of said policies of
insurance an endorsement stating that the City
of Redlands, its officers, employees, agents,
Boards and Commissions are included as additional
named insureds. The policy shall further provide
that the same shall not be cancelled or coverage
reduced until a thirty (30) day written notice
of cancellation has been served upon the City.
Bohrnstedt shall, coincidentally with the execu-
tion of the agreement, deliver to the City an
acceptable Certificate of Insurance on the
approved City of Redlands Insurance Certificate
Form.
AGREEMENT OF RENTAL Page 3
9. To arrange, without cost of any kind to the City,
replacement facilities for Alba Croteau, et al.,
to permit the operation of the Alba Croteau, et al.,
Restaurant Business, and to vacate the premises
hereby rented at 102 East Redlands Boulevard, prior
to July 1, 1974.
10. To arrange without cost of any kind of the City, to
vacate the premises hereby rented at 120 North Fifth
Street prior to July 1, 1974.
11. To pay all property taxes, possessory interest taxes
and any and all assessments levied against the
property herein rented.
City agrees as follows:
Bohrnstedt may remove whatever personal property,
equipment and easily removable parts of the building herein
rented upon vacating or prior to July 1, 1974, whichever occurs
first.
follows:
All notices sent by mail shall be addressed as
To the City: City of Redlands
P. 0. Box 280
Redlands, California 92373
Attention: City Manager
Bohrnstedt: Mr. and Mrs. Wayne R. Bohrnstedt
1623 Halsey Street
Redlands, California 92373
Notice by mail shall be deemed completed at the
expiration of the third day after the day of mailing.
IN WITNESS WHEREOF, The City of Redlands has caused this
rental agreement to be executed and to be signed by its City
Manager and Wayne R. and Betty Lou Bohrnstedt have hereunto
set their hand the day and year first above written.
AGREEMENT OF RENTAL
Page 4
- City of Redlands - Bohrnstedt (continued)
By: G� z IgtAita:
T�TaynrR. Bohrnstedt
By:
Betty Lou Bohrnstedt
APPROVED FOR FORM
ree.va.ci20-7(
sty City Attorney
City,of Redlands
By:
R.P. ez'ri t Jr.
City Manager
OPTION AGREEMENT EXTENSION
The undersigned, Wayne R. Bohrnstedt and
Betty Lou Bohrnstedt, hereby grant to the City of
Redlands, a municipal corporation (Board of Parking
Place Commissioners) an extension to August 1, 1973,
at 12 o'clock P.M. under the same terms and conditions
of the option granted on October 26, 1972, and extended
to May 1, 1973.
Aforesaid option refers to the property
described as:
Portion of the South half of the South half
of Lot 29, Block 77, R.S.B., together with
Lots 8 and 9, Block 11, Town Plat of
Redlands; except portion in Central Avenue.
Done at Redlands, California this �T day
of April, 1973.
Wayi7e R. Bohrnstedt
Betty Lou Bohrnstedt
OPTION AGREEMENT EXTENSION
The undersigned, Wayne R. Bohrnstedt and
Betty Lou Bohrnstedt, hereby grant to the City of
Redlands, a municipal corporation (Board of Parking
Place Commissioners) an extension to May 1, 1973 at
12 o'clock P.M. under the same terms and conditions
of the option granted on October 26, 1972.
Aforesaid option refers to the property
described as:
Portion of the South half of the South half
of Lot 29, Block 77, R.S.B., together with
Lots 8 and 9, Block 11, Town Plat of
Redlands; except portion in Central Avenue.
) Done at Redlands, California this >)i
7 ' day
of January, 1973.
am-nA att-44-er
Wayne
. Bohrnstedt
Le-p,A„,e1-)
Betty Lou Bohrnstedt
OPTION AGREEMENT
This Agreement made this
day of Oc:1:4,er
1972, at Redlands, California, by Wayne R. Bohrnstedt and
Betty Lou Bohrnstedt , hereinafter collectively referred to
as "Optionor", and the CITY OF REDLANDS, a municipal corporation
(Board of Parking Place Commissioners) , hereinafter collectively
referred to as "Optionee."
Recitals:
WHEREAS, Optionor is the owner of certain real property
situated in San Bernardino County, hereinafter referred to as
"the property", and more particularly described in Exhibit A
which is attached hereto and by this reference made a part hereof;
and
WHEREAS, Optionee desires to acquire the exclusive right
to purchase, without becoming obligated to purchase, the property
at an agreed price and under specified terms and conditions;
NOW, THEREFORE, it is agreed as follows:
1. Optionor hereby grants to Optionee the exclusive
right to purchase the property at a price and under the terms and
conditions as follows:
a. Total purchase price of property, $75,000
cash. Terms of purchase to be negotiated
prior to February 1, 1973.
b. Title to remain with the Optionor until the
purchase price is paid in full.
c. In the event Optionee exercises the right
of purchase, escrow costs will be divided
equally between buyer and seller, with the
seller furnishing buyer with a title policy
showing the property free and clear of all
encumbrances. Property will be accepted by
Optionee subject to the terms and conditions
of existing lease held by the Tartan.
2. This option shall commence
and continue until 12:00 o'clock P.M., February 1
1973.
, 1972,
3. This option is granted in consideration of
Optionee's payment to Optionor of the sum of one dollar ($1.00)
and other valuable considerations.
' "Optionor"
CITY OF REDLANDS
By
"Optionee"
Attachment:
Exhibit "A" - Legal Description
of Property
OPTION AGREEMENT, City o.f Redlands and Wayne R.
Bohrnstedt
EXHIBIT "A"
Legal Description of Property
Portion of the South half of the South half of
Lot 29, Block 77, R.S.B., together with Lots 8
and 9, Block 11, Town Plat of Redlands; except
portion in Central Avenue.
July 3, 1973
Mr. and Mrs. Wayne R. Bohrnstedt
1623 Halsey
Redlands, California
Dear Mr. and Mrs. Bohrnstedt:
With regard to my letter to you on June 12, 1973,
outlining the terms and conditions of the city purchase of
your property at the southeast corner of East Redlands
Boulevard and Fifth Street, which you agreed to on June 13,
1973, it appears desirable to modify two of the conditions.
These are:
Item No. 3 should be changed to read:
"The Seller will retain the existing lease
with Alba Croteau, et al."
Reason:
As Seller will be retaining all property
rental receipts and paying all property
expenses until Leasee is relocated (not
later than July 1, 1974) it seems desirable
to have Seller retain lease and administer
it.
Item No. 6 should be changed to read:
"The City (Buyer) will lease the property
to the Seller for One Dollar ($1.00) for
the period necessary to relocate the present
Leasee, or July 1, 1974, whichever occurs
first."
Mr. and Mrs. Wayne R. Bohrnstedt July 3, 1973
page 2
All other terms and conditions in my letter of
June 12, 1973, to remain unchanged. If you agree to these
changes, please indicate by signing below.
Very truly yours,
Q
Jo i n H . Wagner
As-istant to the City Manager
JHW:lt
Accepted
73
(Date)
Wayne/R. Bohrnstedt
Betty Lou Bohrnstedt
June 12, 1973
Mr. and Mrs. Wayne R. Bohrnstedt
1623 Halsey
Redlands, California
Dear Mr. and Mrs. Bohrnstedt:
The city of Redlands proposes to exercise its
option -agreement to purchase your property described as
follows:
Portion of the south half of the south half
of Lot 29, Block 77, R.S.B., together with
Lots 8 and 9, Block 11, Town Plat of Redlands;
except portion in Central Avenue.
Under the terms of the option, and items orally
discussed with you concerning this transaction, it is
proposed that the following be included in the terms of
the escrow:
1. That the sale price be $76,880.
2. That escrow fees be divided equally between
Buyer and Seller, with Seller paying for
the title policy.
3. The Buyer will accept the property subject
to the existing lease with Alba Croteau,
et al.
4. That the Seller may remove whatever personal
property, equipment, and easily removable
parts of the building located on the property
he desires upon vacating property.
Mr. and Mrs. Wayne Bohrnstedt June 12, 1973
page 2
5. All property taxes to be prorated to date of
close of escrow.
6. Seller will not be required to vacate subject
property prior to relocating present lessee
or July 1, 1974, whichever occurs first.
7. Seller may retain all income from property
and will be responsible for payment of all
taxes, maintenance, fire and liability in-
surance, and any other expenses relating to
the property, including relocation expenses
of lessee, from the date of close of escrow
to July 1, 1974, or when property is vacated,
whichever occurs first.
8. That Seller agrees to accept as part of his
payment of the purchase price of $76,880, the
value of the city -owned property located at
the southwest corner of Fifth Street and
Redlands Boulevard, legally described as
follows:
"Redlands Town Plat, portion of Lot 1
and 2, Block 10, unsubdivided portion
described as commencing at the inter-
section of the west line of Fifth Street
with the south line of East Central Avenue,
as said Avenue now exists, thence west
along the south line east of Central
Avenue, 80 feet; thence .south 73.25 feet;
thence east 80 feet to the west line of
Fifth Street, thence north 73.25 feet
along the west line of said street, to
point of beginning."
This property located at the southwest corner
of Fifth Street and Redlands Boulevard will be
accepted by Seller at a price representing the
total cost of acquisition from its former owner,
Texaco, Inc., including costs of annexation to
Parking District Number One, provided subject
Mr. and Mrs. Wayne Bohrnstedt June 12, 1973
page 3
property is annexed to the Parking District
Number One prior to transfer to Seller.
9. The balance of the purchase price of the
Bohrnstedt property ($76,880 less value of
the city -owned property referred to in
Item 8, above, transferred to Bohrnstedt)
will be paid by Buyer in cash.
10. Transfer of title of city -owned property
(former Texaco, Inc. parcel) and transfer
of title of Bohrnstedt property to city,
will be included in same escrow.
If you agree to these terms and conditions, please
indicate by noting "Accepted" with the date, and the
signature of Mrs. Bohrnstedt and yourself.
The city will thereupon initiate the proper escrow,
hopefully 60 days or less in length. It is understood,
however, that until the city acquires the Texaco property,
which is expected shortly, the escrow between you and the
city cannot be carried forward to completion.
Very truly yours,
n H. Wagne
istant to the City Manager
JHW:lt
Accepted,
6-%3-�3
(date)
Wayne/ R. Bohrnstedt
Betty Lou Bohrnstedt
1623 Halsey Street
Redlands, California 92373
September 14, 1973
Mr. John H. Wagner
Assistant to the City Manager
City of Redlands
P. 0. Box 280
Redlands, California 92373
Dear Mr. Wagner:
My wife and I are returning two signed copies of the "Agreement
of Rental", according to your instructions included with your letter,
dated September 11, 1973. Also enclosed is a check in the amount of
$1.00 payable to the City of Redlands to secure the agreement, along
with two Certificates of Insurance, as provided by my carrier and
that of the operators of the business.
There is one matter that is of some concern to us. When I held
conversations with members of the Parking Place Commission last
Spring, we felt quite certain that the escrow involving this
transaction wouldbeclosed sometime during this past summer. Since
it is now mid -September, we are getting off to a late start on our
original timetable. Because of this, there may be some difficulty
in completing all the work of drawing plans, letting bids, and the
actual construction of the new Tartan Restaurant by July 1, 1974. We
hope this will not be the case, and we intend to proceed with all
possible speed. In the event, however, that we cannot meet this dead-
line, we hope that the City of Redlands will act favorably upon a
request for a 90-day extension.
Please let me know as soon as possible if the above contingency
should not be acceptable to the City of Redlands.
Sincerely,
G
� AF
WaBo
hrnstedt B oh nstedt
MINUTES
MEMBERS
PRESENT
ABSENT
ADVISORY
PRESENT
PRESS
PRESENT
TREASURERS
REPORT
DESIGN &
COST ESTIMATE,
PARKING LOT
NO. 6
fa regular meeting of the BOARD OF PARKING PLACE
COMMISSION held in City Hall at 9:00 on Wednesday,
October 10, 1973, are as follows:
Mr. J. Edward Harp
Mr. William Junkin
Mr. James Piper
Mr. W. E. Malone
Mrs. Lorelei Richards
Mr. Ron Mutter
Public Works Department
Mr. Chuck Palmer
San Bernardino Sun
The meeting was called to order at 9:11 a.m. by
Acting Chairman Harp. The minutes of the regular
meeting of September 12 were approved on motion of
Mr. Junkin and seconded by Mr, Piper; the minutes
of the special meeting of September 24, 1973, were
approved on motion of Mr. Piper, seconded by Mx.
Junkin. The request of Mr. Carl Lann that the
minutes of September 12 be amended to read: "doing
business as Cummings and Associates Real Estate"
was approved on motion of Mr. Piper, seconded by
Mr. Junkin,
The Commissioners received the following report of
the cash balances in the Parking District Fund from
City Treasurer Poyzer:
8/31/73 0. ... .. ...........
9/30/73 Subject to Finance
Department Transfers ...... $53,113.96
...... $51,813.96
mr. Ron Mutter of the Public Works Department pre-
sented the engineering design data and cost estimate
for completion of Phase I construction of Parking
Lot No. 6 (Redlands Boulevard at'Fifth Street).
Mr. Mutter stated that if these recommendations were
approved at this meeting, contracts will be sought
for the curb, gutter and sidewalk cement work along
Redlands Boulevard. The asphaltic concrete paving will
-/
The following is a breakout of spaces available by
lot:
Lot Number of Spaces
IA 55
2 105
2A 30
3 52
3A 13
4 32
5 56
6 72 *
Plaza. Garage
(Underground) 175
590
* 31 spaces available November 15, 1973
Balance available by end of 1974
ADJOURNMENT There being n• further business the meeting was
adjourned. The next regularly scheduled meeting
of the Board of Parking Place Commission will be
in City Hall at 9:00 a.m. on Wednesday, October 24,
19730
APPROVED BY
Jo o Wagner
Advisor
Parking Place Commission Minutes
October .10, 1973
page 3