HomeMy WebLinkAboutContracts & Agreements_18-1964AMENDMENT TO CONTRACT BETWEEN
CITY OF REDLANDS
AND
WELLIAM AND MARY SCHAUERTE
The contract to acquire real property for public use, entered into
on November 15, 1964, between William and Mary Schauerte and. the
City of Redlands is hereby amended as follows:
1. Paragraph 1 "Property" is changed to read:
'1. Property.
Schauerte, for and in consideration of the amounts herein
reserved and agreed to be paid by City and in further con-
sideration of City's performance of the covenants and
agreements herein contained, hereby lets to City that real
property situated in the city of Redlands, County of San
Bernardino, State of California, described as follows:
Lot 2, Block "C" Smiley Addition in the City of
Redlands, County of San Bernardino, State of California,
as per plat recorded in Book 13 of Maps, Page 31, Records
of said County.
Said real property shall be referred to herein as "premises"."
2. Exhibit "B" is deleted in its entirety.
IN WITNESS WHEREOF, the parties hereto have executed this
amended agreement on the day of ,(/,„e,e
ATTEST
Ci.ty.;O1erk
1967
William M Schauerte
Ma y Schauerte
APPROVED AS TO FORM:
2 By:
(Vic.. '?6 �� � - ,/
CITY OF REDLANDS
Recorder
the County
According to d without an
this was recorde „
„Acceptance Certificate".
O @p,a '.
i icl FiLMCO
CONTRACT OF CITY OF REDLANDS
TO ACQUIRE REAL PROPERTY FOR
PUBLIC USE
•
THIS INDENTURE, by and between WILLIAM AND'MARY SCHAUERTE,
husband and wife, as communityproperty, hereinafter referred to as
"Schauerte", and the CITY OF`RDLANDS, hereinafter referred to as
"City", is made and entered into this 15th day of November, 1964.
FOR AND IN CONSIDERATION of the covenants, promises and
agreements herein contained, Schauerte and City agree as follows:
1. Property.
Schauerte, 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 property consisting
of the personalty and fixtures described on Exhibit B
attached hereto and made a part hereof, and the real
property situated in the City of Redlands, County of
San Bernardino, State of California, described as
follows:
Lot 2, Block "C" Smiley Addition, in the City
of Redlands, County of San Bernardino, State of
California, as per plat recorded in Book 13
of Maps, Page 31, Records of said County.
Said real property shall be referred to herein as
"premises".
2. Remedies Upon Default.
In the event of a default by City, and its failure
to remedy such default within thirty days after
written notice from Schauerte to do so, the parties
agree to an alternative remedy to any other remedies
available to Schauerte as follows: Schauerte may
at its option enforce the terms of this agreement
from time to time and/or file suit for the payment
of said delinquent rental or for damages or for
the performance of any such covenant or agreement
or condition, and/or the Schauerte in addition to
other rights and remedies reserved to it by law
may, without notice to quit or other formality,
thi62 i6 NE 6 SO
re-enter the premises and take full possession
thereof. No re-entry of said premises by Schauerte
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 Schauerte
shall be cumulative to each other and to any other
legal or equitable remedy, right, power or privilege
which Schauerte might otherwise have in the event
of any default by City, and no option, right, power
remedy or privilege of Schauerte shall be construed
as being exhausted 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 of any remedy provided by law. 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 six (6) percent per annum from the date when the
same become due until paid.
3. Payments.
City agrees to pay and Schauerte agrees to accept
as rental for said premises, during the term here-
of, a semi-annual rental of $600.00. The first
rental payment of $5,583.00 shall be made on the
15th day of November 1964; regular rent payments
thereafter shall be made in even amounts of $600.00
each year on the 1st day of June and the lst
day of December, beginning the lst day of June
1965. Al]. 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
BBORIJ276 PRaU91
Covenants of City.
The City covenants and agrees with Schauerte as
follows:
(1) To use premises for lawful purposes only.
(2) To pay the rents herein specified.
(3) To maintain premises and improvements.
and make all replacements and repairs
necessary to premises and improvements
during the term hereof, ordinary wear and
tear excepted.
(4) To pay for all gas, electricity, light,
heat, power, water and other service or
utility used on or supplied to said ,,
premises.
C+ i
(5) 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
special assessments against said premises
and/or improvements, which become due and
payable during the term hereof, and license
fees or taxes imposed by the City on any
lessor by reason of its engaging in the
business of leasing said premises to the
City, and all insurance premiums for
policies required under the provisions
of this lease.
(6) To obtain and maintain in force during
the term of this lease an insurance policy
or policies insuring Schauerte for fire and
extended coverage, and for public liability
insurance against bodily injury and property
damage, a certificate of said insurance to be
furnished Schauerte. All required insurance
shall be carried with insurance companies
selected by the City and licensed to do
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
BOOK U
lessor. Nothing in this lease contained
shall prevent either party from obtaining
additional insurance at its own expense.
All insurance during original course of
construction shall be at the sole cost of
the lessor.
(7) To discharge any mechanic's lien or liens
filed against 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 same 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 Schauerte.
Schauerte covenants and agrees with City:
(1) That Schauerte has suffered or permitted
no encumbrances or liens upon its title
to the premises and that Schauerte has the
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 own expense, have
the right to 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
for the performance of its covenants
hereunder.
Option to Purchase.
BOOK 76 PACE 693
options on a date specified in Exhibit A, or at an
earlier time in which event the amount of the option
shall be adjusted on a pro rata basis, the City
shall deposit the amount thereof in escrow and
said escrow shall be conditioned on the conveyance
of the said site to the City subject only to any
liens or encumbrances incurred, permitted or suffered
by City, and the furnishing by the lessor of a
standard 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 and
policy of title insurance shall be paid by City.
Assignment.
With the written consent of the City, Schauerte
may assign its interest hereunder, or transfer
such interest in trust as security. Schauerte,
notwithstanding any assignment of its interest,
as provided herein, shall at all times remain
bound to perform all covenants, conditions, and
agreements of Schauerte hereunder except as here-
inafter provided in this paragraph. After acceptance
by City of possession and upon an agreement being
entered into between City and a responsible
assignee of Schauerte whereby said assignee
agrees to be bound to perform all covenants,
conditions and agreements herein provided,
assignor shall be released from any further
obligations under this lease.
General Conditions of Agreement.
Each and all of the terms and agreements herein con-
tained shall be binding upon and inure to the benefit
of the successors in interest of Schauerte and the
City respectively. It is hereby covenanted and
agreed that time is of the essence of this agreement
except where otherwise expressly provided.
There are no covenants and warranties other than
those expressed herein, other than the warranty of
title.
Notices.
B OOK 6276 PACE 694
City of Redlands
City Hall
Redlands, California
William and Mary Schauerte
c/o Mr. and Mrs. C. W. Coe
1933 Camden Avenue
San Jose, California
ATTEST:
APPROVED AS TO FORM:
City Attorne
Exhibit "A" attached.
Exhibit "B" attached.
(-)i-I'VE KIrVIBLE
couurt
CALIFORNIA
William Sch uerte
Mar Schagterte
CITY OF REDLANDS
By
mayor
/7)
laL
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On before me,
November 16, 1q64
the undersigned, a Notary Public in and
for said State, personally appeared
William m qrhai7P,rte_ and
Mary Schauorte
known to me to be the persons whose
names are subscribed to the within in-
strument and acknowledged that they
executed the same.
WITNESS my hand and official seal.
Signature
OLIVE M. KIMBLE
Commission Expires October 12, 1961
1.
1965, and
2.
1966, and
3.
1967, and
4.
1968, and
5.
1969, and
6.
1970, and
7.
1971, and
8.
1972, and
9.
1973, and
10.
1974, and
11.
1975, and
12.
1976, and
13.
1977, and
14.
1978, and
15.
1979, and
16.
1980, and
17.
1981, and
18.
1982, and
19.
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The
EXHIBIT A
option shall be to purchase premises
purchase price shall be $13,316.52.
option shall be to purchase premises
purchase price shall be $12,909.50.
option shall be to purchase premises
purchase price shall be $12,477.69.
option shall be to purchase premises
purchase price shall be $12,019.58.
option shall be to purchase premises
purchase price shall be $11,533.58.
option shall be to purchase premises
purchase price shall be $11,017.98.
option shall be to purchase premises
purchase price shall be $10,470.98.
option shall be to purchase premises
purchase price shall be $9,890.66.
option shall be to purchase premises
purchase price shall be $9,275.00.
option shall be to purchase premises
purchase price shall be $8,621.85.
option shall be to purchase premises
purchase price shall be $7,928.93.
option shall be to purchase premises
purchase price shall be $7,193.80.
option shall be to purchase premises
purchase price shall be $6,413.90.
option shall be to purchase premises
purchase price shall be $5,586.51.
option shall be to purchase premises
purchase price shall be $4,708.73.
option shall be to purchase premises
purchase price shall be $3,777.49.
option shall be to purchase premises
purchase price shall be $2,789.53.
option shall be to purchase premises
purchase price shall be $1,741.42.
option shall be to purchase premises
800fi U4 CI PAS :
on December 2,
on December 2,
on December 2,
on December 2,
on December 2,
on December 2,
on December 2,
on December 2,
on December 2,
on December 2,
on December 2,
on December 2,
on December 2,
on December 2,
on December 2,
on December 2,
on December 2,
on December 2,
on December
2,
00K 627G PAGE 696
forth herein. In such case, the City shall pay an amount deter-
mined by reducing the next succeeding option in accordance with
the same pro-rata method by which the options on Exhibit A were
computed on the date of the execution of this agreement.
BOOK 6276 PACE 691
EXHIBIT "B
LIST OF FURNITURE
(Personalty) To become part of the property
at 28 Grant Street, Redlands, California.
DOWNSTAIRS APARTMENT:
LIVING ROOM
2 Davenetts
2 Lounge Chairs
1 Gateleg Table
1 Occasional Table
1 End Table
1 Coffee Table
KITCHEN
1 Foot Stool
1 Ash Tray (Stand)
1 12 x 15 Carpet
1 Floor Lamp
Window Drapes
1 4-Ton Refrig. Air Cond.
1 Gas Stove 1 Small Table
1 Electric Refrigerator Window Curtains
1 Breakfast Set (Table & 4 chairs)
1 Table
1 Carpet
FRONT HALL
FRONT PORCH
3 Rocking Chairs
1 Lawn Chair
PANTRY
1 Chest of Drawers
1 Bed
1 Dresser
1 Desk & Chair
2 Benches
1 Table
1 Table Lamp
Window Curtains
1 Small Table
FRONT BEDROOM
BACK BEDROOM
1 Carpet
3 Chairs (Dining)
1 Lounge Chair
Window Curtains
1 Bed
2 Dressers
1 Chest of Drawers
1 Night Stand
1 Chair (Dining)
2 Table Lamps
1 Carpet
Window Curtains
FOR INFORMATION ONLY
PROPERTY LEASE -PURCHASE at 28 GRANT STREET
DOWN PAYMENT AND PAYMENT SCHEDULE Balance
6/ Prin. After
Int. Pymts. Pymt.
Purchase Price 19,250.00
Down Payment (29%) 11/15/64 5,583.00 13,667.00
Pymt. due 6/1/65 (Int. 11/15/64 to 6/1/65) 444.18 155.82 13,511.18
12/1/65 (Int. for 6 mos.) 405.34 194.66 13,316.52
6/1/66 399.50 200.50 13,116.02
12/1/66 393.48 206.52 12,909.50
6/1/67 387.29 212.71 12,696.79
12/1/67 380.90 219.10 12,477.69
6/1/68 374.33 225.67 12,252.02
12/1/68 367.56 232.44 12,019.58
6/1/69 360.59 239.41 11,780.17
12/1/69 353.41 246.59 11,533.58
6/1/70 346.01 253.99 11,279.59
12/1/70 338.39 261.61 11,017.98
6/1/71 330.54 269.46 10,748.52
12/1/71 322.46 277.54 10,470.98
6/1/72 314.13 285.87 10,185.11
12/1/72 305.55 294.45 9,890.66
6/1/73 296.72 303.28 9,587.38
12/1/73 287.62 312.38 9,275.00
6/1/74 278.25 321.75 8,953.25
12/1/74 268.60 331.40 8,621.85
6/1/75 258.66 341.34 8,280.51
12/1/75 248.42 351.58 7,928.93
6/1/76 237.87 362.13 7,566.80
12/1/76 227.00 373.00 7,193.80
6/1/77 215.81 384.19 6,809.61
12/1/77 204.29 395.71 6,413.90
6/1/78 192.42 407.58 6,006.32
12/1/78 180.19 419.81 5,586.51
6/1/79 167.60 432.4.0 5,154.11
12/1/79 154.62 445.38 4,708.73
6/1/80 141.26 458.74 4,249.99
12/1/80 127.50 472.50 3,777.49
6/1/81 113.32 486.68 3,290.81
12/1/81 98.72 501.28 2,789.53
6/1/82 83.69 516.31 2,273.22
BOOK 6276P GE 698