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Home My WebLink AboutCC RESO 92-225RESOLUTION NO. 92-225 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GROUND LEASE WITH THE CHRISTMAS IN JULY COMMITTEE WHEREAS, the Christmas in July Committee ("the Committee") is a non-profit unincorporated association, affiliated with the National City Chamber of Commerce; and WHEREAS, the Committee is desirous of leasing from the City certain real property for the purpose of maintaining an office to enable it to administer its program of housing and human development, rehabilitation, and related programs to benefit low income, elderly, and handicapped persons within the community; and WHEREAS, the use of said property for the purpose aforementioned will promote the general welfare of all the inhabitants of the City of National City, and the City is willing to enter into a lease of its property with the Committee for said purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a ground lease with the Christmas in July Committee for the City -owned property commonly known as 2101 Hoover Avenue, National City. Said ground lease is on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that Resolution No. 92-163 is hereby rescinded. PASSED and ADOPTED this 15th day of December, 1992. George Fi. Waters, Mayor AI LEST: ItV Lo ' Anne Peoples, City Cle k APPROVED AS TO FORM: id-gocc:ag George H. Eiser, III City Attorney GROUND LEASE This Ground Lease, made and entered into this 1 2 thday of DECEMBER , 1992, by and between the City of National City, State of California, hereinafter designated as "Lessor," and the Christmas in July Committee, an unincorporated non- profit association, affiliated with the Chamber of Commerce of said city and state, hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor certain real property for the purpose of maintaining an office to enable it to administer its program of housing and human development, rehabilitation, and related programs to benefit low income, elderly, and handicapped persons within the community. B. The use of said property for the purpose aforementioned will promote the general welfare of all the inhabitants of the City of National City. NOW, THEREFORE, the parties hereto agree as follows: 1. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property situated in the City of National City, County of San Diego, State of California, commonly described as 2101 Hoover Avenue, National City, California. 2. Term. This Lease shall be for a term of two years, beginning on the date first above written, unless sooner terminated as provided herein. 3. Rent. Lessee shall pay as rent for the leased premises the sum of One Dollar ($1.00) per year. 4. Use. The above described premises are leased to Lessee by Lessor for the purpose of maintaining administrative offices and storage for Lessee's activities of housing and human development, rehabilitation, and related programs to benefit low income, elderly, and handicapped persons within the community. 5. Assignment. This Lease shall not be assigned or transferred nor shall Lessee have the right to sublet the leased premises or any part thereof, without the consent in writing of the City Council of Lessor evidenced by a resolution thereof duly adopted for said purpose. 6. Improvements. During the term of this Lease, Lessee shall be permitted to maintain on the leased premises a modular office structure approximately 12 x 60 feet in size. Lessee shall bear the entire expense arising by reason of this and any other improvements on the leased premises, and any improvements shall conform with all the requirements of laws of the State of California and the ordinances of the City of National City, in connection therewith and in the operation and maintenance thereof. 7. Repair. Lessor shall not be liable for the repair or upkeep and/or maintenance of any improvement to be located on the leased premises. Lessee shall be responsible for all maintenance and repair, and the costs of all utilities on the leased premises. Lessee shall keep the leased premises in as good order, condition and repair as reasonable use and wear thereof will permit. 8. Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold harmless the City of National City and its officers and employees from all liability, loss, 2 costs, claims, demands, suits, and defense costs arising out of the use and maintenance of the leased premises and the improvements thereon by Lessee. 9. Insurance. Lessee shall take out and maintain, throughout the period of this Lease, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Lease. This policy shall name Lessor and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to Lessor, its officers, agents and employees, so that any other policies held by Lessor shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. Prior to commencement of this Lease, Lessee shall furnish Lessor a certificate of insurance and with original endorse- ments affecting coverage required by this clause. The certificate and endorsements for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are to be received and approved by Lessor before this Agreement is signed. Lessee shall keep the improvements located on the leased premises insured against loss or damage by fire in the amounts not less than eighty-five percent (85%) replacement value. 3 If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Lease. If Lessee does not keep an insurance policy in full force and effect at all times during the term of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of the contract and terminate this Lease forthwith. 10. Inspection. Lessor, by and through its proper officers, reserve and shall always have the right to enter the leased premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 11. Termination. The premises hereby leased are to be used by Lessee as administrative offices, training and storage and for no other purpose, as aforesaid, and it is further agreed between the parties that should the Christmas in July Committee cease to exist, then, at the option of Lessor, this Lease shall be deemed cancelled and of no further force and effect, and all liabilities of the parties hereunder shall cease. Lessor may terminate this Lease upon sixty (60) days' written notice to Lessee in the event Lessor determines the leased premises are needed for public or municipal purposes. It is agreed that notice by Lessor to terminate this Lease as herein provided shall be served upon the then Chair or Vice -Chair of Lessee. 12. Removal of Improvements. It is further agreed between the parties that at the termination or expiration of this Lease or any renewal thereof, Lessee shall within thirty (30) days remove any and all buildings, structures, and other improvements 4 or parts of buildings, or fixtures, or personal property placed or erected on the leased premises, during the term thereof, or any renewal thereof, and that all expense connected with such removal shall be borne by the Lessee. Lessor shall have the right to sell, destroy, remove, or otherwise dispose of any property or improvements left on the leased premises longer than thirty (30) days after termination of this Lease. 13. Non -Discrimination. Lessee agrees that there shall be no discrimina- tion against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, ancestry, marital status, physical handicap, or medical condition, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the leased premises, nor shall Lessee, or any person claiming under or through it, 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 leased premises. 14. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. The acceptance of rent hereunder shall not be or be construed to be a waiver of the breach of any term, condition or covenant of this Lease. 5 15. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or premises except to be of such type and color, size be approved by the City of National City. 16. Taxes. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay any and all property taxes, if any, assessed during the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the lease premises. IN WITNESS WHEREOF, this Lease is executed by the City of National City, pursuant to resolution authorizing the Mayor to execute the same for and on behalf of said City, and the Christmas in July Committee has caused this instrument to be executed by its proper representatives thereunto duly authorized. THE CITY OF NATIONAL CITY CHRISTMAS IN JULY COMMITTEE portion of the outside of the leased and style, and in such place as may � ��2iGo-Grp George . Waters, Mayor Chair��I By: g,n�c.d. L( /1/c..4` na APPROVED AS TO FORM: By: George H. Eiser, III City Attorney 6 By: