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SUNSET TEMPORARY TANK REPLACEMENT <br />LAND LEASE AGREEMENT <br />This Temporary Tank Land Lease Agreement (this "Lease") is made and entered into this <br />1 st day of November, 2022 (the "Effective Date"), by and between the City of Redlands, a <br />municipal corporation and general law city ("Tenant"), and Cathy A. Macknet, Kenneth D. <br />Macknet, and Mark R. Macknet, individuals ("Landlord"). Landlord and Tenant are sometimes <br />individually referred to herein as a "Party," and together, as the "Parties." <br />PREAMBLE <br />A. Landlord, for and in consideration of the rent to be paid by Tenant and for <br />the covenants and provisions to be kept and performed by Tenant under this Lease, hereby leases <br />to Tenant for Tenant's sole use, and Tenant agrees to lease from Landlord's real property (the <br />"Property") Assessor's Parcel No. 0300451130000 ("Site") located in Redlands, California, 92373, <br />as more particularly described in Exhibit "A" attached hereto and incorporated herein by this <br />reference. A copy of the plan of development of the Site to be leased by Tenant pursuant to this <br />Lease is attached hereto as Exhibit `B" and incorporated herein by this reference. <br />B. The Site is to be used for one temporary tank ("Tank") installed for the <br />purpose of providing temporary water service to residents, while the Sunset Reservoir is <br />demolished and reconstructed. Additional use of the Site includes an Environmental Assessment, <br />and any other studies, surveys, and investigations needed for the Tank. <br />AGREEMENT <br />Section 1. Term. Tenant hereby agrees to lease the Site from Landlord for the rent of <br />One Thousand Five Hundred Dollars ($1,500) per month payable within forty-five (45) days of <br />the Effective Date of this Lease (thereafter payable monthly on the anniversary of this Lease) for <br />an initial term of a minimum of twenty-four (24) months. The Tenant shall have the option to <br />extend the initial term of this agreement as seen appropriate for the construction and use of the <br />Tank, on the same terms and conditions, by providing written notice to Landlord at least thirty (30) <br />days prior to the expiration of the initial term or any extended term. <br />Section 2. Use of Site. During the Term of this Lease, the Site shall be used by Tenant <br />for the purpose of environmental assessments, studies, surveys, and investigations; and installing, <br />maintaining, repairing, modifying, operating, and removing, at its sole expense, the Tank. <br />Construction plans are included in Exhibit `B". Landlord hereby grants Tenant, its employees, and <br />authorized agents a license for ingress and egress to and from the Property twenty-four (24) hours <br />per day, seven (7) days a week without prior notice. included in Exhibit "B." <br />Section 3. As Is Condition. Except as otherwise expressly stated herein, Tenant is <br />leasing the Site in "as is" condition and Landlord does not represent that the Site is suitable for <br />Tenant's intended use. Tenant is responsible to undertake such due diligence as it deems necessary <br />to determine the condition and suitability of the Site. <br />1 <br />L:\ca\Agreements\Helen_Ct Land_Lease Agreement-FY22-0045.docx jm <br />