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HomeMy WebLinkAboutContracts & Agreements_26-1970/4«6���6Gy - C,fy coRDED MAIL TC) CITY CLERK, CITY HALL REDLANDS, CALIF. 92373 NO FEE va,7538 sAGE427 566 RECORDED AT REQUEST g�IEQUESTOR CONTRACT OF CITY OF REDLANDS TO ACQUIRE REAL PROPERTY FOR PUBLIC USE NO FEE A 197Q OCT I pm 2 42 r oo 7 i 8 PAGE 427 OFFICIAL RECORDS SAN BERNARDINO CO. CALIF. THIS INDENTURE, by and between Messrs. A. J. and Edwin H. Thamann referred to as "Thamann", and the CITY OF REDLANDS, hereinafter referred to as "City", is made and entered into this l5th day of October, 1970. FOR AND IN CONSIDERATION of the covenants, promises and agreements herein contained, Thamann and City agree as follows: 1. Property. Thamann, 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 the real property situated in the City of Redlands, County of San Bernardino, State of California, described as follows: Lot 6, Block C, Smiley Addition, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in Book 171 of Maps, Page 24, Records of said County. Said real property shall be referred to herein as "premises". -1- MN 7538 PAGE 428 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 Thamann to do so, the parties agree to an alternative remedy to any other remedies available to Thamann as follows: Thamann may at his 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 Thamann in addition to other rights and remedies reserved to him by law, may with- out notice to quit or other formality, re-enter the premises and take full possession thereof. No re- entry of said premises by Thamann shall be con- strued as an election to terminate, unless written notice to that effect is delivered by City and all rights, powers, options, privileges and remedies herein expressly given to Thamann shall be cumulative to each other and to any other legal or equitable remedy, right, power or privilege which Thamann might otherwise have in the event of any default by City, and no option, right, power, remedy or privilege of Thamann shall be construed as being exhausted or discharged by the exercise thereof in -2- E OOK 7 38 PAGE 4 9 one or more instances, and it is agreed that each and all of the rights, powers, options, or remedies shall be cumulative and no one of them exclusive of any remedy provided by law. The City shall pay in- terest 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 seven (7) per- cent per annum from the date when the same become due until paid. 3. Payments. City agrees to pay and Thamann agees to accept as rental for said premises, during the term hereof, a semi-annual rental of $562.89. The first rental pay- ment of $2,000 shall be made on the 15th day of October 1970; regular rent payments thereafter shall be made in even amounts of $562.89 each year on the 15th day of April and the 15th day of October, beginning the 15th day of April 1971. All of said amounts shall be paid for and in real property, and consideration of the use of the said. 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 ad- vance at any time and applied to future additional rental obligations and the parties may mutually agree upon a - 3- BOOK 7538 f'AGr. 43O revised schedule of payments. The term hereof shall be 10 years, beginning October 15, 1970, unless sooner terminated, by exercise of option. Covenants of City. The City covenants and agrees with Thamann 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. (5) To pay all real and personal taxes and assessments on or in respect to said premises, and/or im- provements and/or leasehold, any and all install- ments 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. The tax bill for 1970-71 will be prorated, Thamann -4- B0oK7 38 PAGt 31 paying taxes accrued to October 14, 1970, and City paying taxes due on and after October 15, 1970. (6) To obtain and maintain in force during the term of this lease an insurance policy or policies insuring Thamann for fire and extended coverage, and for public liability insurance against bodily injury and property damage, a certificate of said insurance to be furnished Thamann. 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 Cil ten days prior to the expiration of any such policy. The policies of insurance as above pro- vided or certificates of the insurers evidencing insurance carried on or respecting the premises hereby leased shall be forthwith deposited with the lessor. Nothing in this lease contained shall prevent either party from obtaining additional insurance at its own expense. (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 -5- MOK 7538 *EA 2 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 forthwith pay the same. Covenants of Thamann. Thamann covenants and agees with City; (1) That Thamann has suffered or permitted no en- cumbrances or liens upon his title to the premises and that Thamann 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 improve- ments 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. Thamann does hereby give, grant and convey to City the -6- f.;00K 7 38 PAGE 433 right and exclusive option to purchase the said for the terms and in the manner provided in the schedule attached to this contract as Exhibit A incorporated by reference as a part hereof. At site and any time City may desire to exercise one of the above 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 encum- brances incurred, permitted or suffered by City, and the furnishing by Thamann 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 shall be divided equally between Thamann and City. A policy of title insurance in the sum of Ten Thousand Dollars ($10,000.00) will be furnished the City and shall be paid for by Thamann. Assignment. With the written consent of the City, Thamann may assign his interest hereunder, or transfer such interest in trust as security. Thamann, notwithstanding any -7- I,OOK 7638 PAGE 434 assignment of his interest, as provided herein, shall at all times remain bound to perform all covenants, conditions, and agreements of Thamann hereunder ex- cept as hereinafter provided in this paragraph. After acceptance by City of possession and upon an agreement being entered into between City and a responsible assignee of Thamann 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 Thamann 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. Any notice or communication in connection with this agreement including the City's notification of full compliance therewith and request for a deed to premises, shall be sent to the following addresses: -8- f2U 7538 PAGE 435 BEAL City of Redlands City Hall P. 0. Box 280 Redlands, California 92373 Mr. A. J. Thamann 317 Myrtle Redlands, California ATTEST: 12;611Cy. erk STATE OF By Edwin H. Thamann CITY OF REDLANDS R. P. Merritt Title City Manager California County of San Bernardino ON before me, the undersigned, a Notary Public in and for said State, pe sonall a A. J. Thamann and Edwin H. Thamannyappeared umanuamrotuey; Hit MARTHA E. LEWIS NOTARY PUBLIC AN BERNA.RDINO ,;OUN CAL,EORit?9 an( aftwinvianae Jr. ss. October 12 to be the persons whose name $ Instrument, and acknowledged to WITNESS my hand and official seal Boo( 7538 PAGE 436 , known to me, aze —_subscribed to the within me that the—y executed the same. Martha E. Lewis NAME (TYPED OR PRINTED) Notary Public in and for said State. ACKNOWLEDGMENT—GENERAL_WOLcoTTs FORM 231—Rey, 2-63 BOOK 7538 Nit (. EXHIBIT A 1. The option shall be 1971, and the purchase price 2. The option shall be 1972, and the purchase price 3. The option shall be 1973, and the purchase price 4. The option shall be 1974, and the purchase price 5. The option shall be 1975, and the purchase price 6. The option shall be 1976, and the purchase price 7. The option shall be 1977, and the purchase price 8. The option shall be L978, and the purchase price 9. The option shall be 1979, and the purchase price to purchase premises shall be $7,424.32. to purchase premises shall be $6,807.63. to purchase premises shall be $6,147.03. to purchase premises shall be $5,439.38. to purchase premises shall be $4,681.32. to purchase premises shall be $3,869.27. to purchase premises shall be $2,999.37. to purchase premises shall be $2,067.52. to purchase premises shall be $1,069.29. on October 15, on October 15, on October 15, on October 15, on October 15, on October 15, on October 15, on October 15, on October 15, BOOK -E 53© PA c 438 FOR INFORMATION ONLY PROPERTY LEASE -PURCHASE AT 36 GRANT STREET DOWN PAYMENT AND PAYMENT SCHEDULE Balance 7% Prin. After Int. Pymts. Pymt. Purchase Price $10,000.00 Down Payment (20%) 10/15/70 $2,000.00 8,000.00 Pymt. due 4/15/71 $280.00 282.89 7,717.11 10/15/71 270.10 292.79 7,424.32 4/15/72 259.85 303.04 7,121.28 10/15/72 249.24 313.65 6,807.63 4/15/73 238.27 324.62 6,483.01 10/15/73 226.91 335.98 6,147.03 4/15/74 215.15 347.74 5,799.29 10/15/74 202.98 359.91 5,439.38 Cij 4/15/75 190.38 372.51 5,066.87 In 10,15/75 177.34 385.55 4,681.32 4/15/76 163.85 399.04 4,282.28 10/15/76 149.88 413.01 3,869.27 4/15/77 135.42 427.47 3,441.80 10/15/77 120.46 442.43 2,999.37 4/15/78 104.98 457.91 2,541.46 10/15/78 88.95 473.94 2,067.52 4/15/79 72.36 490.53 1,576.99 10/15/79 55.19 507.70 1,069.29 4/15/80 37.43 525.46 543.83 10/15/80 19.03 543.83 -0- Property 36 Grant Lease - Rental Motor Grader (rail ornia ror conversion of tour test vehicles on a six-month test program. City Manager Merritt presented details relating to prop- erty at 36 Grant Street., which is offered to the City for purchase. This property is within the proposed park development of the Gruen Plan, and is recommended for lease -purchase. Following discussion, on motion of Councilman DeMirjyn, seconded by Councilman Miller, authorization was given for the purchase of this prop- erty for $10,000 with 20% down and the remainder to be paid on a ten-year lease option plan at 7% interest, the funds to come from the funds realized from the sale of the Cajon Street parking lot. _ ity Manager Merritt presented a request from the De•artment of Public Works for authorization to enter int. a lease -rental agreement with the hnson Tractor Compa'.y for lease -rental of a new Cate, pillar 120 motor grader. Council discussed at length !the possibility of going t. bid for this type of equipfnent. Advantages and disa..antages were pointed out by members of the staff, and City Attorney Taylor briefly outlined the legal aspec of the bid procedure. Following further Council disc sion, on motio of Councilman Sewall, seconded by C• ncilman Knuc en, approval was unanimous- ly given as re..ested. City Manager Merritt p sented Resolution No. 2836, ,a resolution of the Ci' of Redlands amending the salary schedule and compens,on plan for the City. This Resolution resolution pertains/ to = change in the police staff No. 2836 from four to five/detect ves and twenty-seven to twenty - Salary six patrol officers, and change in the salary for student firemen from $80.00,to a flat $100.00 per month. Following explanation of the\ reasons for this request, on motion of ouncilman DeMirj n, seconded by Council- man Miller,animous approval as given to Resolution No. 2836. Bills ar�d salaries were ordered pa\d as approved by the Finance Committee. No f rther business demanding attentioh at this time, one otion the Council adjourned at 9210''poMo Next regular meeting, October 6, 1970. Respectfully submitted, Page five - September 15, 1970