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HomeMy WebLinkAboutCC RESO 15,662RESOLUTION NO. 15,662 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMERCIAL LEASE AGREEMENT BETWEEN ROY G. FIERRO AND THE CITY OF NATIONAL CITY BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to execute a Commercial Lease Agreement between Roy G. Fierro and the City of National City, a copy of which is attached hereto as Exhibit "A". PASSED and ADOPTED this 28th day of June, 1988. ATTEST: IONE CAMPBELL, CITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III CITY ATTORNEY GEORGE H. WATERS, MAYOR CITY OF NATIONAL CITY COMMERCIAL LEASE AGREEMENT This Agreement, made in duplicate this 23rd day of May, 1988, by and between the City of National City, hereinafter referred to as the "City" and Roy G. Fierro, dba Fierro Construction Company, 2221 Prospect Street, National City, California 92050 hereinafter referred to as the "Tenant". WITNFSSETH: The City hereby rents to the Tenant and the Tenant rents from the City that certain real property situated in the City of National City, County of San Diego, State of California, commonly known and described as (see attached plat). This Agreement is made upon the following terms and conditions: 1. EFFECTIVE DATE: Tenancy shall caanence on the 1st day of May, 1988. 2. RENT: Rent shall oommence on the 1st day of May 1988, in the amount of Five Thousand Four Hundred and No/100 Dollars ($5,400.00) annually, paid in advance on the above date for each year of the lease term. 3. PREVIOUS AGREEMENTS: This Agreement supersedes and cancels any preexisting lease or rental agreement for the same premises. 4. UTILITIES: The Tenant shall pay all utility and service charges for: (X) gas, (X) electricity, (X) water, (X) sewers, (X) trash and garbage collection. The City shall be responsible for utility and service charges for: ( ) gas, ( ) electricity, ( ) water, ( ) sewers, ( ) trash and garbage collection. (Appropriate boxes shall be checked and this paragraph initialed by both Tenant and a representative of the City). Page 1 of 5 5. REPAIRS: The Tenant hereby waives the provisions of Section 1941 and 1942 of 'he Civil Code of the State of California, which Sections pertain to the right of the Tenant to make repairs and deduct the cost of repairs from the rent. The Tenant shall at his sole expense, keep and maintain the premises and appurtenances, and every part thereof, excepting exterior walls and roof, but including (without limitation of the foregoing) all glazing, sidewalks adjacent to said premises, and the entire interior of the premises, in good sanitary order, condition and repair. The Tenant further agrees that the City shall not be called upon to make any improvements or repairs whatever upon said premises,except such minimum maintenance and repairs as may be necessary in the interest of the health, welfare and safety of occupants, and only when considered necessary by the City. The Tenant further agrees that the Tenant shall keep all of said premises in as good order, condition and repair as reasonable use and wear thereof will permit. 6. ALTERATIONS: The Tenant shall make no alterations in said premises without the written consent of the City first obtained and the Tenant will be allowed no credit by the City for the cost of any repair work performed or ordered done by Tenant to said premises. 7. RIGHT -OF -ENTRY: The City by and through its employees or agents, shall have the right to enter upon said premises at reasonable times during the term of this tenancy for the purpose of inspecting the same, making such repairs as the City may deem necessary or for such other purpose or purposes as may be deemed necessary by the City. 8. COMPLIANCE WITH LAWS: The Tenant shall not commit, suffer, or permit any nuisance or waste in or about said premises, and shall not permit the use of said premises for any illegal purpose. The Tenant further agrees to comply with all State Laws and Trra1 Ordinances concerning said premises and the use thereof. 9. ASSIGNMENT: The Tenant shall not assign this tenancy in whole or in part, nor sublet said premises or any portion thereof, without first obtaining the written consent of the City. A transfer of twenty percent (20%) of the stock of a corporate tenant shall be deemed an assignment. A transfer by one partner to another(s) also shall be deemed an assignment. 10. NON-DISCRIMINATION: The Tenant herein covenant by and for himself, his heirs, executors, administrators, and assigned, and all persons claiming under or through him, and this agreement is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein rented nor shall the Tenant, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number use, or occupancy of tenants, lessees, subleases, subtenants, or vendees in the premises herein leased. Page 2 of 5 11. LIABILITY: The Tenant shall indemnify and save the City harmless from and/or against any suit, action, claim, or demand arising from any damage to the goods, property, or effects of the Tenant or any of the Tenant's representatives, agents, enployees,guests, invitees, or occupants, or any other person whomsoever, for personal injury to, or death of, than or any of them or any other person or persons whomsoever whether caused by or resulting from any act or omission of the City in and about said building, or from any defects in any part of said building, or from any other cause or reason whatsoever. The Tenant has thoroughly inspected the premises and entry into possession shall be deemed an acknowledgment by Tenant that dangerous places and defects in said premises are known and are to be made secure and maintained in such condition by Tenant. 12. INSURANCE: The Tenant shall, without cost to the owners, at all times during said lease, cause to be maintained in full force and effect, personal injury and property damage, public liability insurance in which the City is named as additional insured, in the sum not less than $300,000.00 for any one person injured or $300,000.00 for any one accident. If Tenant does not keep such insurance in full force and effect, City may secure such insurance and pay the premium at Tenant's expense and the and the repayment thereof to the City by Tenant shall be paid on the next day. Provisions of this paragraph as to insurance shall not be constructed as limiting in any way the extent to which Tenant may be held responsible for the payment of damages to persons or property resulting from its activities or the activities of any person or persons for which Tenant is otherwise responsible. The insurance requiremesnts stated in this paragraph may be reviewed by the City every three years and adjusted as deemed appropriate by the City. 13. TERM: Unless otherwise terminated pursuant to terms provided herein the term of this agreement shall be ten (10) years commencing on the effective date hereof and expiring at the end of the tenth (10th) year thereafter. Provided however, that in the event the City or other public agency requires use of the property or any portion thereof for public purposes, the City may terminate this agreement upon ninety (90) days written notice delivered to the Tenant. 14. DISPOSAL OF PERSONAL PROPERTY: The Tenant agrees that the City shall have the right to sell, destroy, or otherwise dispose of any personal property left on the premises longer than ten (10) days after termination of this agreement. 15. DEFAULT: If any rental shall be due or unpaid or if default shall be made in any of the provisions otherwise contained herein on the part of the Tenant to be observed and performed, the City may exercise any and all remedies provided by law or equity by reason of such default, including the right at City's option of terminating this tenancy. If any of such events, the City shall be entitled to the immediate possession of said premises and at its option may enter into and upon said premises without notice to the Tenant and exclude Tenant and all persons and property therefran, and by process of law or otherwise take and resume possession of said premises. Each and all of the remedies of the City shall be construed as cumulative and no one off them as exclusive of the other or as exclusive of any remedy provided by law or equity. Page 3 of 5 16. VIOLATIONS: The failure or omission of the City to terminate this tenancy for any violations of any off its terms, conditions, or covenants, shall in no way be deemed to be a consent by the City to such violation and shall in no way bar, stop or prevent the City from terminating this agreement thereafter, either for such or for any subsequent violation of any such terms, condition or covenant. The acceptance of rent Hereunder shall not be or be construed to be a waiver of the breach of any term, covenant or CONDITION OF THIS AGREEMENT. 17. SIGNS: The Tenant agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the said premises except to be of such type and color, size and style, and in such place as many be approved by the City. 18. SUCCESSORS: Each and every one of the terms, covenants and conditions of this agreement shall inure to the of an shall bind, as the case may be, not only the parties hereto but each and every of the heirs, executors, administrators, successors assigns and legal representative of the parties hereto; provided, however, that any subletting or assignment by Tenant of the whole or any part of the said leased premises or any interest therein shall be subject to the provisions of this lease. 19. ATTORNEY'S FEES: IF the City shall file any action or bring any proceeding against Tenant arising out of the default by Tenant of any of the provisions of this lease, Tenant shall pay to the City reasonable attorneys fees. 20. TIME: Time is of the essence of this agreement. 21. RELOCATION: The Tenant hereby waives all relocation benefits and assistance provided by the California Relocation Assistance Act (Government Cbde 7260 et. seq.), its successor stature or any other relocation compensation as provided by State or Federal Law. 22. 0:IODIN TION: In the event that the leased premises including the Tenant's lease hold interest shall be taken for public use or other corporation having the power of eminent domain, then this lease shall terminate as of the date upon which possession thereof shall be taken. Tenant hereby waives all rights to just compensation to which it may be entitled under the Fifth Amendment to the United States Constitution and/or Article I, Section 19 of the California State Constitution for the taking of said leased premises and/or the lease hold interest in said premises. 23. TAXES: Tenant recognizes and understands that this lease may create a possesory interest subject to tproperty taxation and that Tenant may be subject to the payment of property taxes levied on such interest. Tenant further agrees to pay any and all property taxes, if any assessed during the term of this TtNaqP AAAgreement pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Tenants possessory interest in the leased premises. Page 4 of 5 CITY OF NATIONAL CITY City Manager Page 5 of 5