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HomeMy WebLinkAboutResolution No. 5350 0 RESOLUTION NO. 539 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A LEASE AGREEMENT WITH RAPHAEL GENECE FOR PROPERTY LOCATED AT 116-118 N. AZUSA AVENUE, AZUSA, CA THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. This Resolution and approval of the Lease described herein is made with respect to the following findings of fact by the Board of Directors: A. The Agency acquired the subject property located at 116-118 N. Azusa Avenue, Azusa; B. This lease is necessary to enable the lessee to remain on the subject property until relocation proceedings can be completed; and C. The rent set forth in the Lease is not greater than the fair market value for properties of this type in the area. SECTION 2. The Board of Directors of the Redevelopment Agency of the City of Azusa hereby approves that certain "Lease Agreement" by and between the Agency and Raphael Genece dated as of February 1, 1989 and authorizes the Chairman to execute the Lease in substantially the form as attached hereto. SECTION 3. The Secretary shall certify adoption of this Resolution. 1989. PASSED APPROVED AND ADOPTED this 16th. day of ianuary I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Azusa Redevelopment Agency of the City of Azusa, at a regular meeting thereof held on the 16th day of January , 1989. AYES: BOARD MEMBERS: AVILA, NOES: BOARD MEMBERS: NONE ABSENT: BOARD MEMBERS: NONE 1 F� Deputy Secrett�ry STEMRICH, NARANJO, LATTA, MOSES .. 0 LEASE AGREEMENT (116-118 N. Azusa Avenue) This Lease Agreement (hereinafter "Agreement") is dated as of January 3, 1989 by and between the AZUSA REDEVELOPMENT AGENCY, a public body corporate and politic, hereinafter referred to as "Agency" and RAPHAEL GENECE, an individual, hereinafter referred to as "Lessee". WHEREAS, Agency is the owner of certain real property in the City of Azusa commonly known as 116-118 N. Azusa Avenue, Azusa, California hereinafter "Subject Property"; and WHEREAS, Lessee desires to enter into a lease agreement on the Subject Property; NOW, THEREFORE, the parties hereto agree as follows: LEASE TERM This lease shall commence on February 1, 1989 and continue on a month to month basis until lessee is relocated in accordance with applicable law, unless sooner terminated as herein provided. Agency shall provide a minimum of ninety days written notice prior to termination of this lease. RENT Lessee agrees to pay to Agency as rent for the use and occupancy of the Subject Property the sum of $1,050.00 per month payable on or before the 1st day of each month commencing February 1, 1989. Said payment payable to the "Redevelopment Agency of the City of Azusa" shall be sent to the Agency c/o Robert Talley, Agency Treasurer, 213 East Foothill Boulevard, Azusa, California 91702, or such other place as Agency may from time to time designate by written notice given to Lessee. The rental rate will be reviewed annually and adjusted as necessary to reflect the property's fair market value. RESTRICTED USE OF SUBJECT PROPERTY The Subject Property shall be used only for the operation of a recreational vehicle sales lot. Lessee shall not permit the Subject Property or any part thereof to be used for: (a) the conduct of any offensive, noisy or dangerous activity that would increase the premiums for fire insurance on the Subject Property; • 0 0 (b) the creation or maintenance of a public nuisance; (c) the use or storage of any materials defined by Federal, State or local laws, ordinances or regulations as a toxic or hazardous substance; or (d) anything which is against public regulations or rules of any public authority at any time applicable to the Subject Property; or (e) any purpose or in any matter which will obstruct, interfere with, or infringe upon the rights of the residents of adjoining properties. UTILITIES Lessee shall be responsible for and pay promptly when they become due, all charges incurred for the furnishing of water, electricity, natural gas, rubbish service, and all other public utilities during the term of this Lease. Lessee shall make no alterations to the Subject Property, nor construct any buildings or other improvements on the Subject Property without first having obtained the written consent of Agency. Any and all alterations, additions, improvements and fixtures made or placed in or on the Subject Property shall on expiration or sooner termination of this Lease belong to Agency without compensation to Lessee, provided, however, that Agency shall have the option, to be exercised on expiration or sooner termination of this Lease, to require Lessee to remove any or all such additions, improvements, or fixtures. ASSIGNMENT AND SUBLETTING Lessee shall not assign this Agreement, nor any interest therein, and shall not sublet the Subject Property or any part thereof without first having obtained the written consent of Agency. Such consent shall not be unreasonably withheld provided the proposed assignee is financially qualified to fulfill the obligations of the Lease, executes an assignment agreement acceptable in form and substance to the Agency, and agrees to waive any and all relocation benefits to which it may claim as a lessee. Any such subletting or assignment without the Agency's consent shall be void and shall at Agency's option, terminate this Agreement. This Agreement shall not, nor shall any interest therein, be assignable, as to the Agency's interest, by operation of law, without the written consent of Agency. 2 I 0 0 NOTICES Any and all notices or other communication required or permitted by this Agreement to be served on or given to either party to this Agreement by other party shall be in writing and shall be deemed duly served and given when personally delivered to any of the parties to whom it is directed, or in lieu of such personal service when deposited in the United States mail, first-class, postage prepaid, addressed to the Lessee at the address of the Subject Property or to the Agency at City Hall, 213 East Foothill Boulevard, Azusa, California 91702. WAIVER OF BREACH The waiver by the Agency of any condition herein contained shall such term, covenant or condition, same or any other term, covenant, AZUSA REDEVELOPMENT AGENCY ("AGENCY") Dated: January 16, 1989 By: F. Moses By: Rap ael enec an individual ATTEST. ConnieLar Deputy Secret KI breach of any term, covenant, or not be deemed to be a waiver of or any subsequent breach of the or condition contained herein.