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CONTRACT OF CITY OF REDLANDS
TO ACQUIRE REAL PROPERTY FOR 1970 NOV 21' PM 2 07
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THIS INDENTURE, by and between Fred and Fannie Kaufman
referred to as "Kaufman", and the CITY OF REDLANDS, hereinafter
referred to as "City", is made and entered into this l6th day of
November, 1970.
FOR AND IN CONSIDERATION of the covenants, promises and
agreements herein contained, Kaufman and City agree as follows:
1. Property
Kaufman, 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 11, Block A, Ladds 2nd 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".
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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 Kaufman to do so, the parties
agree to an alternative remedy to any other remedies
available to Kaufman as follows: Kaufman 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 Kaufman 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 Kaufman 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 Kaufman shall be
cumulative to each other and to any other legal
or equitable remedy, right, power or privilege which
Kaufman might otherwise have in the event of any
default by City, and no option, right, power, remedy
or privilege of Kaufman shall be construed as being
exhausted or discharged by the exercise therof in
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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 from the date when the same
become due until paid.
3. Payments
City agrees to pay and Kaufman agrees to accept as
rental for said premises, during the term hereof, a
semiannual rental of $591.50. The first rental pay-
ment of $2,200 shall be made on the 16th day of
November, 1970; regular rent payments thereafter shall
be made in even amounts of $591.50 each year on the
16th day of May and the 16th day of November, beginning
the 16th day of May, 1971. A11 of said amounts shall
be paid for 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 ad-
vance at any time and applied to future additional rental
obligations and the parties may mutually agree upon a
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revised schedule of payments. The term hereof shall
be 10 years, beginning November 16, 1970, unless sooner
terminated, by exercise of option.
Covenants of City
The City covenants and agrees with Kaufman as follows:
(1) To use premises for lawful purposes only.
(2) To pay the rents herein specified.
(3) To maintain premises and improvements (dwellings),
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
on or in respect to
personal taxes and assessments
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, Kaufman
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paying taxes accrued to November 16, 1970, and
City paying taxes due on and after November 16,
1970.
(6) To obtain and maintain in force during the
term of this lease an insurance policy or
policies insuring Kaufman for fire and extended
coverage, and for public liability insurance
against bodily injury and property damage, a
certificate of said insurance to be furnished
Kaufman. 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 as above pro-
vided or certificates of the insurers evidencing
insurance carried on or respecting the premises
hereby leased shall be forthwith depositied 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
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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 Kaufman
Kaufman covenants and agrees with City:
(1) That Kaufman has suffered or permitted no en-
cumbrances or liens upon his title to the premises
and that Kaufman 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
rthglt 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
Kaufman does hereby give, grant and convey to City the
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right and exclusive option to purchase the said site
for the terms and in the manner provided in the
schedule attached to this contract as Exhibit A and
incorporated by reference as a part hereof. At 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 Kaufman 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 Kaufman 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 Kaufman.
Assignment
With the written consent of the City, Kaufman may
assign his interest hereunder, or transfer such interest
in trust as security. Kaufman, notwithstanding any
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assignment of his interest, as provided herein, shall
at all times remain bound to perform all covenants,
conditions, and agreements of Kaufman 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 Kaufman 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 A reement
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 Kaufman 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:
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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
1978, and the purchase price
9. The option shall be
1979, and the purchase price
EXHIBIT A
to purchase premises
shall be $8,135.18.
to purchase premises
shall be $7,429.87.
to purchase premises
shall be $6,681.61.
to purchase premises
shall be $5,887.78.
to purchase premises
shall be $5,045.60.
to purchase premises
shall be $4,152.13.
to purchase premises
shall be $3,204.25.
to purchase premises
shall be $2,198.65.
to purchase premises
shall be $1,131.80.
on November 16,
on November 16,
on November 16,
on November 16,
on November 16,
on November 16,
on November 16,
on November 16,
on November 16,
BOOK 7560 PAGE 668
Purchase Price
FOR INFORMATION ONLY
PROPERTY LEASE -PURCHASE AT 19 GRANT STREET
DOWN PAYMENT AND PAYMENT SCHEDULE
Balance
6/ Prin. After
Int. Pymts. Pymt.
$11,000.00
Down Payment (20%) 11/16/70 $2,200.00 8,800.00
Pymt. due 5/16/71 $264.00 327.50 8,472.50
11/16/71 254.18 337.32 8,135.18
5/16/72 244.06 347.44 7,787,74
11/16/72 233.63 357.87 7,429.87
5/16/73 222.90 368.60 7,061.27
11/16/73 211.84 379.66 6,681.61
5/16/74 200.45 391.05 6,290.56
11/16/74 188.72 402.78 5,887.78
5/16/75 176.63 414.87 5,472.91
11/16/75 164.19 427.31 5,045.60
5/16/76 151.37 440.13 4,605.47
11/16/76 138.16 453.34 4,152.13
5/16/77 124.56 466.94 3,685.19
11/16/77 110.56 480.94 3,204.25
5/16/78 .96.13 495.37 2,708.88
11/16/78 81.27 510.23 2,198.65
5/16/79 65.96 525.54 1,673.11
11/16/79 50.19 541.31 1,131.80
5/16/80 33.95 557.55 574.25
11/16/80 17.23 574.25 .00
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City of Redlands
City Hall
P. O. Box 280
Redlands, California 92373
Mr. Fred Kaufman
264 East Avenue L
Calimesa, California
ATTEST:
City
APPROVED FOR FORM:
City Attorney
Exhibit "A" attached
SEAL
Fred Kaufma
Fannie Kaufman
CITY OF REDLANDS
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Title City Ma ager
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