HomeMy WebLinkAboutCC RESO 7974RESOLUTION NO. 7974
RESOLUTION CONSENTING TO ASSIGNMENT OF
TIDELANDS LEASE OF NATIONAL FREIGHT TERMINALS
Be it resolved by the City Council of the City of
National City, California as follows:
That the City Council of the City of National City hereby
does approve the assignment for security purposes only of that
certain lease by and between the City of National City as Lessor
and National Freight Terminals as Lessee dated May 1, 1960.
That the Mayor is hereby authorized and directed to execute for
and on behalf of City of National City consent to
lease attached to assignment
of lessee's interest
wherein and whereby National Freight Terminals, a
assignment of
in lease,
California
corporation, does assign for security purposes only to Ries
Steel Structures, Inc., a California corporation, its lease
dated May I, 1960 for Parcel 12-A and Parcel 12-B, of National
City Tidelands, a copy of which is attached hereto and by
reference is made a part hereof.
PASSED AND ADOPTED this //.2A- day of
ATTEST: /
CITY CLERK
b F; a LEASE
THIS LEASE, made and entered into in duplicate as of the
1st day of May, 1960, by and between the CITY OF NATIONAL CITY,
a municipal corporation, hereinafter called the 'Lessor", and
NATIONAL FREIGHT TERMINALS, a California corporation, hereinafter
called the 'Lessee',
WITNESSETH:
That the lessor, for the consideration hereinafter set
forth, hereby leases to the lessee for the term and upon the con-
ditions hereinafter set forth those certain lands in the City of
National City, County of San Diego, State of California, more
particularly described as Parcel I2-A, tentative tidelands par-
celing on Drawing No. 269-6 of the City of National City Engineering
Department dated October 24, 1958, and by reference made a part
hereof, and Parcel 12-B, tentative tidelands parceling on Drawing
No. 261-L of the City of National City Engineering Department dated
February 8, 1958, and by reference made a part hereof.
TO HAVE AND TO HOLD SAID LEASED PREMISES FOR THE TERM OF
THIS LEASE AND UPON THE CONDITIONS AS FOLLOWS:
First: Provided that effective Mary 1, 1960 that certain
lease dated the 1st day of March, 1959 by and between CITY OF
NATIONAL CITY and MUELLER TRUCK CO., a California corporation, pro-
viding for lease of Parcel 12-A above described has been cancelled
and rescinded, the term of this lease shall be for three (3) years,
ten (10) months, commencing on the 1st day of May, 1960, and ending
on the 29th day of February, 1964, unless sooner terminated as
.herein provided, and provided further that lessee does actually take
possession and commence business or operations on the premises hereby
demised not later than 365 days from the date of the execution of
this lease.
Second: Lessee agrees to pay lessor as rent for said premises
-1-
a sum calculated and determined on the basis of four cents (4¢)
per square foot per year for said term, which sum shall be
divided into twelve (12) equal parts, and shall be payable
monthly in advance on or before the 15th day of each month during
the term of this lease.
Third: Lessee shall have an option to renew this lease
for an additional term of five (5) years, at e rental calculated
and determined upon the basis of four and one-half cents (4 l/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 lease for a
third period of five (5) years, at a rental calculated and deter-
mined on
a fourth
termined
the basis of five cents (50) per square foot per year, for
period of five (5) years at a rental calculated and de -
on the basis of not less than five cents (50) nor more than
seven cents (70) 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 five cents (50) nor more than nine cents (00)
per square foot per year, provided, however, that lessee shall notify
lessor of its intention to exercise any of said additional options
not later than sixty (60) days before the expiration of the current
option period herein provided. Upon exercise of any of said options
this lease shall continue in full force and effect, in accordance
with all of the terms and conditions hereof, except the right of
further renewal.
Fourth: The lessee agrees that the leased premises shall
be used only and exclusively for the operation and maintenance of a
general freight terminal, warehouse, trucking business, and any
-2-
other purposes incidental to the operation and maintenance of such
business, and for no other purposes whatsoever, without the consent
of the lessor first had and obtained. As a part of the operation.
of said general freight terminal, warehouse facilities, and trucking
business, lessee may provide complete facilities for docks, rail
car unloading, motor trucking terminal facilities, warehousing and
storage for shippers of all modes of transportation; space for the
repair, painting, and maintenance of trucks and other equipment; and
space for equipment and part sales relating to trucking, shipping,
and the transportation industry. The providing of space and facili-
ties by lessee for such purposes may be conducted on a fee basis to
various truck lines, shippers, suppliers, sales and repair services.
Truck lines, shippers, suppliers, sales and repair services furnished
space and facilities on the premises may have such staff and facili-
ties on the premises as may be incidental to their operations. It
is further understood that the operation of any general freight,
warehouse, and service terminal, including the operations and services
above described, shall not constitute either an assignment or a sub-
lease of the premises and that said activities by or under lessee
shall not be deemed a violation of paragraph Ninth of this lease.
Lessee shall not be required to secure the prior aproval or consent
of lessor in order to enter into contracts to furnish the space and
facilities for the purposes above described.
-3-
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 make 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 tines 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 thia 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 sixtyI80) days from the termination of this lease, the same
shall thereupon become the property of the lessor.
r'?i&hth: The leasee 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
busineso
or other activities of lessee upon or in connectiun 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 premixes 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 nut to
this lease or any interest therein, nor to
assign the whole or any part of
sublease the whole or any part of
the leased premises, nor to jurra: -Cie occupancy of any part thereof by any
other person, without the consent of the 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 Lssignment for the benefit
of creditors, or in the event of any judicial sale of tee lessee's interest
under thie lease, this: !ease shall at the option of the lessor immediately
terminate and all rights of the lessee hereunder 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 employeee shall nut be nor be held liable for any damages to
the goods, properties or effects of the lessee or any of the lessee's
repreoentatives, agents, employees, guests, licensees, inviteeo, or any
other person whatsoever, nor for personal injurieo 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 fret: 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 and naming
lessor and lessee as co—ineureds 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 fur it er under its control or
direction, or any person authorize 4 by it to nee the leaned premises, and
also to protect against lees frcu liability imposed by law for damages
to any property of any person caused directly or indirectly by or fret the
acts or activities of the lessee or any 1.erion, or any persons, acting for
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 lees 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 mount of not less than u50,000.00 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 foru 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 uutuelly understood and agreed that if any
default be made in the payment of the rental herein provided, or in the
performance of the covenants, conditivas or agreements hereof, and such
default shall not be cured within ton (10) days after written notice
thereof, the lessor shall have the option to i.caediately teruinate 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
terns of this lease provided, the lessee will peaceably yield up and
surrender the leased premises soldthe whole thereof in as good condition,
subject to normal and or'inary cloalge e_nd alteration resulting from the
use of such premises no ::oreiu provide., <<3 the cue nay be at the time
the lessee takes possession therc.,f rn&' t, allow the lessor to take peace-
able possession thereof.
Fifteenth: IT is mutually agreed that if the lessee shall hold
over after the expiration of this lease for any cauue, sech holding over
shall be deemed a tenancy from month to month only, et the some rental per
month and upon the same torus, conditions and provisions cf this lease a:. .
may be in effect during the last renewal tern provided for herein, unless
other terus, conditions and provisions be agreed upon in writing by the
lessor and tao lessee. Such holdover shall include any tine onpleyed 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 coupiiance with any of the covenants, condition
or agreements of this lease be construed as in any manner changing the
term hereof or to stop the lessor free enforcing th„ fail provisions
hereof, nor shall the torus of this lease be cheng::d c.r :a t,red 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 premise.] 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 und any applicable laws of the State of
California as any of the scree may now exist or be hereafter promulgated
or amended.
Eighteenth: It is mutually agreed that any notice or notices
provided for by this lease or by law to be given or served rpon the
lessee nay be given or served by registered letter addressed to the
lessee at the street ace7 e, of the above described premises deposited in
the United Statco mail, or Loy le nerved personally upon the said lessee
or any person hereafter authorized 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 eervod 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 proviaions 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 es fully and to the sane extent as though
specifically mentioned in each iustancc,, and that all covenants, stipula—
tions and agreements is 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 —Firer: it is agreed that the word "lessor" and the word
"lessee" a& used in this leaee shall include the plural as well as the
singular, and shall include net only the aartiea hereto, but their repre—
sentatives, heirs, legatees, devisees, successors and assigns. However,
nothing contained in this paragraph shall constitute a waiver by lessor
of the prohibition against assignment and subletting contained in para—
graph Ninth hereinabove.
Twenty —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 c.ay of the pro—
visions hereof by the lessee as in its judgment may sews proper.
IN WITNESS WHEREOF, the City has executed the foregoing
lease by the Mayor of said City, and the lessee has caused this
lease to be executed the day and year first hereinabove written.
THE CITY OF NATIONAL CITY
Lesso
By :.-t l%�'�k��y
Mayor
At,tre st
City Clerk
NATIONAL FREIGHT TERMINALS