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HomeMy WebLinkAboutCC RESO 7902RESOLUTION NO. 7902 RESOLUTION APPROVING LEASE Be it resolved by the City Council of the City of National City as follows: That certain Lease between CITY OF NATIONAL CITY and PARKER TRUCK COMPANY dated the /4'day of April, 1961, a copy of which is hereto attached and made a part hereof by reference, is hereby approved and accepted, and the Mayor is authorized and directed to execute the same for and on behalf of City of National City. PASSED AND ADOPTED this �7 4 day of4Nmfl, 1961. ATT EST : CITY CLERK LEASE This lease is made and entered. Into in duplitate as of the 1st day of April, 10151, by and between the CITY OF NATIONAL CITY, a municipal eorporation, hereinafter called LESSOR, and PARKER TRUCK COMPANY, a California corporation, hereinafter called LESSEE, with reference to the following facts: (a) The premises hereinafter described have heretofore been leased by LESSOR to SULLIVAN HARDWOOD LUMBER COPANY, a California corporation. Said LESSEE desires to relinquish its said lease to LESSOR and Is willing that LEEE s'aenlre a new Imoso fro* LESSOR upon the surrender of the lease heretofore existing between CITY OF NATIONAL CITY and SULLIVAN HARDWOOD LUMBER COMPANY. (b) LESSOR, as a matter of public policY, is greatly concerned that there will be no profit realised by SULLIVAN HARD LUMBER COMPANY as a result of the surrender of its said lease and of the securing of this new lease by PARKER TRUCK COMPANY. (c) SULLIVAN HARDWOOD LUMBER COMPANY, through its responsible officers, has represented to CITY OF NATIONAL CITY that there has netbeeri *ad will be no profit realiMed by said SULLIVAN HARDWOOD LUMBER COMPANY, its officers, or its corporate affitiates as a result of the surrender of its said tease end of the granting of a new lease to PARKER TRUCK COMPANY as to National City Tidelands Parcel 4 B. (0) That LESSOR would netts willing to accept e surrender of the heretofore existing lees. from SULLIVAN HARDWOOD LUMBER COMPANY unless such representation had been •made. NOW, THEREFORE, LESSOR, for the consideration hereinafter set forth, hereby leases to LESEE, for the term and upon the conditions hereinafter set forth those certain lands In the City of National City, County of Son Diego., State of Californi * known as Parcel 4 R of National City Tidelands as shown on Notional City Engineering Department Drawing No. 165.-0, which said drawing by reference is made a part hereef. TO HAVE AND TO HOLD SAID LEASED PREMISES FOR THE TERM OF THIS lease end upon the conditions as follows: FIRST: In the event that effective Mare.h 31, 191110 that certain leese dated the 1st day of Aegust, 1960, by and between the CITY OF NATIONAL CITY and SULLIVAN HARDWOOD LUMBER COMPANY, a California corporation, to the extent only that said lease provides for the lease of Parcel 4 8 above described has been cancelled and rescinded, the tord of this lease shall be for five (5) years, commencing on the 1st day of April, 1961, and ending on the 3Ist day of March, 1966, unlees sooner terminated as here- in provided, and provided further that LESSEE es actually take Possession and commence business or operations on the premises hereby demised not later than 120 days from the effective date of this lease. It is expressly understood by LESSOR and LESSEE that this lease is made only because of the rresenteti�n of SULLIVAN HARDWOOD LUMBER COMPANY above set forth and that LESSOR is hereby given the right, at its option, to cancel and rescind this tease at anytime provided that the City Council of the City of National City finds end dettrmines that either from or for and on behalf of PARKER TRUCK COMPANY, a California corporation, FRANCIS V. PARKER or MARY E. PARKER, any consideration has passed or may hereafter pass to SULLIVAN HARDWOOD LUMBER COMPANY or any of its offiters or eepleeeee, Or any of Its corporate affilietes for the surreoder and cancellation of the lease dated August 10, i960 granted by CITY or NilaIONAL CITY to said SULLIVAN HARDWOOD LOMNER COMPANY or for the seturine, making and execution Of this lease* SECOND: LE LE agrees to pay LESSOR as rent for said promisee a sum ealculated and determined on the basis of five cents (50) per square foot per year for said term, which sum shall be divided into twelve (12) eqoal parts and shalt be payable monthly in advance on or before the 15th day of each month dwinq the term of this lease* TH1RD4 LESSEE shall have an option to renew this lease for an additional term of five (5) years, at a rental caluciated and determined upon the basis of five and one-half cents (5e1/20) per square foot per year, provided however, that LESSEE shall notify the LESSOR of its Intention to exercise said option at least sixty (60) days before the expiration of the term herein provided. Thereafter, LESSEE shall have an option to renew this laicise for a third period of five (5) years, at a rental calculated and determined on the basis of six cents (64) per square foot per year, for a fourth period of five (5) years at a rental ealuclated and determined on the basis of not less than sie cones (60) nor more than eight cents (fl) per square foot per year; and for a final and fifth period of five (5) years at a rental calculated and determined on a basis of not less than six cents (6) nor more than ten cents (iDO) per square foot per yeer, provided however, that LESSEE shall notify LESSOR of its intention to exerelsa any of said additional options not later than sixty (60) days before the expire- tion of the current option period herein provided. Upon exercise of any of said options, this lease shall continue in full force and effects In accordance with ail of the terns and conditions e 'terms* an c . d#t #c Y r ##ve ba rs + r+ r + ec i bead,.10 of the • fifth peer i € d of ,.Ye'.r # t4V0 t right mf first * a ne and to c # y-. FOURTH 4 They LEO Redd #y and each#rery' n ee the bud Fifth: The lessee further agrees that it will at all times leave the lessor free and harmless and indemnify it against all claims for labor or materials furnished for or in connection with any and all work, change or improvements in or upon the leased premises. Sixth: It is mutually agreed that the lessee shall keep and maintain the leased premises and all improvements of any kind which may be erected, installed, or made thereon by the lessee, in good and substantial repair and condition and shall rake all necessary repairs and alterations thereto, and that the lessor shall not at any time be required to make any improvements or repairs whatsoever. The lessor shall at all times during business hours have the right to enter upon and inspect the said premises. Seventh: It is mutually agreed that any installations or.improve— ments of any kind now existing or placed upon the leased premises by lessee shall be and remain the property of lessee and that upon the expiration of the tern of this lease or the sooner termination thereof, lessee shall have the right to remove any such installations or improvements, and that such removal shall be made on or before the expiration of sixty (60) days from the termination of this lease; provided, however, that if any such installations or improvements shall not be removed on or before the expira— tion of said sixty 160) days from the termination of this lease, the sane shall thereupon become the property of the lessor, :Eighth: The lessee agrees to pay before delinquency all taxes and assessments assessed or levied upon the lessee or the leased premises by reason of any machines, appliances or other improvements of any nature whatsoever erected, installed or maintained by lessee or by reason of the business or other activities of lessee upon or in connection with the said leased premises and to pay any fees imposed by law for licenses or permits for any business or activities of the lessee upon the leased premises or under this lease, and to pay before delinquency any and all charges for utilities at or on the leased premises. Ninth: The lessee agrees not to assign the whole or any part of this lease or any interest therein, nor to sublease the whole or any part of the leased premises, nor to per::it the occupancy of any part thereof by any other person, without the consent cf tha City Council of the lessor, under an ordinance of such Council duly adopted, Lessee further agrees that no assignment, voluntary or involuntary, in whole or in part, of this lease or of any interest therein, and no sublease of the whole or any part of the leased premises, and no permission to any person to occupy the whole or any part of the leased premises, shall be valid or effective without the consent of the City Council of the lessor first had and obtained under an ordinance of such Council duly adopted, Tenth: It is mutually agreed that in the event that lessee is adjudicated bankrupt or insolvent or makes any assignment for the benefit of creditors, or in the event of any judicial sale of the lessee's interest under this lease, this lease shall at the option of the lessor immediately terminate and all rights of the lessee hereuider shall cease and terminate unless the cause of said bankruptcy, insolvency or assignment or judicial sale be removed within thirty (30) days from the date thereof, Eleventh: The lessee agrees that the lessor, its agents, officers and employees shall not be nor be held liable for any domnges to the goods, properties or effects of the lessee or any of the lessee's representatives, agents, employees, guests, licensees, invitees, or any other person whatsoever, nor for personal injuries to or deaths to them, or any of them whether caused by or resulting from any act or omission of any person or from any defect in any part of the leased premises. The lessee further agrees to indemnify and save free and harmless the lessor and its authorized agents, officers and employees against any of the fore— going liabilities and any costs and expenses incurred by the lessor on account of any claim or claims therefor. Twelfth: The lessee agrees to take out public liability insurance with an insurance carrier satisfactory to lessor rnr1 naming lessor and lessee as co —insureds to protect against loss from liability imposed by law for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activi— ties of the lessee or any person acting for it or under its control or direction, or any person authorized by it to use the leased premises, and also to protect against loss from liability imposed by law for to any property of any person caused directly or indirectly by or from the acts or activities of the lessee or any person it and under it's control or direction, or any person authorized by it to use the leased premises. Such public liability and property damage insurance shall be maintained in full force and effect during the entire term of this lease in amounts of not leas than $150,000.00 for one person injured in one acci- dent, and not less than $300,000.00 for more than one person injured in one accident, and in the amount of not less than $50,000.00 with respect to any property damage aforesaid. Lessee agrees to pay the entire premium due for maintaining such insurance in effect. Copies of each of the foregoing policies shall be filed with the lessor and shall be satisfactory in form to the lessor. Said policies shall have a non -cancellation -without -notice clause and shall provide that copies of all cancellation notices shall be sent to lessor. Provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the lessee may be held responsible for the payment of damages to persons or property resulting from his activities or the activities of any person or persons for which he is otherwise responsible. Thirteenth: It is mutually understood and agreed that if any default be made in the payment of the rental herein provided, or in the performance of the covenants, conditions or agreements hereof, and such default shall not be cured within ten (10) days after written notice thereof, the lessor shall have the option to iuuediately terminate this lease; and that in event of such termination the lessee shall have no further rights hereunder and the lessee shall thereupon forthwith remove from said premises and shall have no further right or claim thereto, and the said lessor shall immediately thereupon without recourse to the courts have the right to re-enter and take the possession of the leased premises. Fourteenth: The lessee agrees that upon the termination of this lease by the expiration thereof or the earlier termination as by the terms of this lease provided; the lessee will peaceably yield up and surrender the leased premises and the whole thereof in as good condition, subject to normal and ordinary change and alteration resulting from the use of such premises as herein provided, as the same may be at the time the lessee takes possession thereof and to allow the lessor to take peace- Fifteenth: IT is mutually agreed that if the lessee shall hold over after the expiration of this lease for any cause, such holding over shall be deemed a tenancy from month to month only, at the sane rental per month and upon the same terms, conditions and provisions of this lease as racy be in effect during the last renewal term provided for herein, unless other terms, conditions and provisions be agreed upon in writing by the lessor and the lessee. Such holdover shall include any time employed by the lessee to remove machines, appliances and other improvements during the sixty (60) day period hereinabove mentioned for such removal. Sixteenth: It is mutually agreed that any waiver by the lessor of any breach of any one or more of the covenants, conditions or agreements of this lease shall not be construed to be a waiver of any subsequent or other breach of the same or any other covenant, condition or agreement of this lease, nor shall any failure on the part of the lessor to require or exact full and complete compliance with any of the covenants, conditions or agreements of this lease be construed as in any manner changing the terns hereof or to stop the lessor from enforcing the full provisions hereof, nor shall the terms of this lease be changed or altered in any manner whatsoever other than by written agreement of the lessor and the lessee. Seventeenth: The lessee agrees that in all activities on or in connection with the leased premises and in all uses thereof, including the making of any alterations or changes and the installation of any machines and other improvements it will abide by and conform to all rules, regula— tions and ordinances of said City and any applicable laws of the State of California as any of the same may now exist or be hereafter promulgated or amended. i5.ahteenth: It is mutually agreed that any notice or notices provided for by this lease or by law to be given or served upon the lessee may be given or served by registered letter addressed to the lessee at the street address of the above described premises deposited in the United States nail, or nay be served personally upon the said lessee or any person hereafter authorize, by it in writing to receive such notice; and that any notice or notices provided by this lease or by law to be served upon the lessor may be given or served by registered letter addressed to the City Manager, National City, California and that any notice or notices given or served as provided herein shall be effectual and binding for all purposes upon the parties so served. Nineteenth: It is mutually agreed that time is of the essence of each and all of the terms and provisions of this lease and that this lease shall inure to the benefit of and be binding upon the parties hereto and any successors of the lease as fully and to the same extent as though specifically mentioned in each instance, and that all covenants, stipula- tions and agreements in this lease shall extend to and bind any assigns or sublessees of the lease, Twentieth: It is further agreed that the rights and remedies herein contained are cumulative, and are not intended and shall not deprive lessor of any other rights and remedies available to it in law of equity. Twenty -First: It is agreed that the word "lessor" and the word "lessee" as used in this lease shall include the plural as. ell as the singular, and shall include not only the 9arties hereto, but.their repre- sentatives heirs, legatees, devisees, successors and assigns. However, nothing contained in this paragraph shall constitute a waiver by leaser of the prohibition against assignment and subletting contained in para- graph Ninth hereinabove. TwentL-Second: The singular number and the masculine and neuter gender as;used herein shall include the plural number and the feminine and neuter gender and conversely, Twenty--Third:'Lessor does hereby reserve to the city Council of the City of National City the right and privilege, by ordinance,,to annul, change or modify this -lease upon -the violation of any. of the pro- visions hereof by'the lessee as in its judgment may sees, proper. A EST t ty of N tJoA Mayor of $ 1 he executed as ! PA 9TR < «2Pok a C forol f has the 0.