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Home My WebLink AboutCC RESO 7867RESOLUTION NO. 7867 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 L. M. PEPPER dated the 2 ,day of January, 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 .,:2P14<day of January, 1961. -6;14k )1A40.i. MAYOR (4.1-74At4 it Tins tit3 Di gipp..� ex } SA he .. OP TX and a sol pr ant doing business as hereinafter That the Lesser„ for the aanstderati nherein - er gat fort hereby le es to the Lessee for the term n the cord.itions he after set forth, a. portion hose certain lands bordering extending into the Bay an Diego and being a portion of adn d to ity or National City, of the State of a .if"ornta, under e State of California entitled "n Ast ng certa tide ua to those ds the provisions of that certain act of legislature lands and lands lying under inland nevi in the Say of San Diego to the City of furtherance oaf* natation and commerce providing f er pprov described as 1 eve et Beginntngat point No, 47 Tide Lin drdin to sellaneous Map No. 1) on ecorder's Office of San .Diego t , Cali- fornia; thence on said "MeanTide Line's S 17402152" 2 a distance of feet to point No. 48 thereon; ebiewaters, etial Ctt. sd t she and 9 ro thereof", of lariy thencecanon n a on aid "Neonf igh Tide Line� distance 1000,03 feet tsh* *t l of 24tt Streeta Slap No. 260 -L; line 71°44,34 s distance beginning PAX cone AD ;wetriads Poe the conditionat of four eon o e half cent and one doll* e divided ly tn an rthe tee the to Parse dadhis Lease shot the / /6 day or,, 31��, day or tee as herein' agrees to pay and determined the feet r year °*roe A and rout r year for P 1 C2 for eel ` tabs parts, and bae day ore11; earion thereof. ens reea this d date d on the basis id opt: the Carrherein r. have an option to re er or dive (5) years at a rental ul e basil;Pon the or rive oenter rfor Paresis A o one-half cant per r for Pareel Co and one dellar per year a rOurthre rive Peter* et ale t* mutually reed upon by the but in no event lees than soots and In no event tees hen five rent 144e withail the at t The promisee are lei the po disponal and land fying# ard Operating tankso and *there and ing or dooking di tooling *ring, dont to Ong by water o o wh to -* storing* port nib fl h %mirage; kal, an and '. the thereon ni ations andshait make o Al that the Lessor shall not upon the lamed at all ti» i ibed buSin046. tuer " and harmleSsii labor or t:ii3i r and ell work* 0nr d i ly agreed eased premisee and all rotted ledo or made 41, Subs ii repair and alter - kind now existing nz i.d by Lessee shall be and PrsParty of Lease and that upon the expiration of e term cO this L-ese4 or any extension thersof.0re sor r rrain xis Inlet de on r rom the if any ion 1 .shall have theri h$ 6 rov exi.i a ion or n hve b d: rr€ but shall bee and t ash removal shall of ne hundred eighty(180) in or provided: id nation rf Of. piers and spores -shoo sea sPan perty of tie C�e$ssor upon the termination of this Lease f`or any eause hat e'» lORTHt The Lessee agrees th fore delinquency all tweed ass smarts aaseas d or i.es aced upon the Lessee or the eased premises by rotation of any chines, appli- an ea c r e then improve 3 rsts of any Stu irate d or maintained by Lessee or by nese or other aativities of Leases upon or in,onnetican d with the said leased premis by law for l senses or perm ties sir the Lessee upon the Leas a x 2d tee for utillties at Cox' subie a the whole or any per of tine leased premises, nor tb pew erson tssde r as ether 1 t to pad any r any wire i i- send premises or under is ueny any and all charges ed premises rasa not to assign the whole before delis r on the ie The Leseee this Lease or any the oceupatcy or any part thereof by any other si.thout the consent of the City Council of the Lessor, of this Leas rest therein, ncr to h Council duly adopted. Lessee ai nt voluntary or inveluntary, r of any interest therein, ie or any part of the leased rs to any parser: to occupy the whole gar any part. of the leased premises, a 11 be valid or effective without the a onsserst of the City Council of the Lesser i rst had and obt fired under an ordinance of such Cour ti. duly adopted, str ithetandin.g the above, this Lease and all. the provisic s hest shallbind and insure to the benefit a a< rrdirance ;use that �r ira part, sieasss o and no heirs, devisees, leg r and adminis able for the of lice r en not be nor be rats* or costs lability ineurance with an inOUVertee carrier eatisfactory or alleged to be ' ii directly or indirectly see anY Person acing insurance in arrest. Said pd cancellation pro doe* 1 this sueed directly ies of the Lease t and under non-eancellation- t of any person or the ovenants conditiors or agreemerts hereof, and such default shall not at,e eured withir ten (10) days after written notice thereof, the Lessor shall have the option to diately terminate thla Lease; and that in event of sueh termi- nation the Lessee shall have no further rights hereunder and the Lease hall thereupon forthwith remove from• said premises and shall have no further right or claim thereto, and the is Lessor shall tee;diately thereupon without re- course to• the courts have the right to re -erter and take the possession of the leased premises. POUETRENIT[; The Lessee agrees that upon the termi nation of this Lease by the expiration thereof or the eerlier termination as by the terms of this Leese provided, the Leesee will peaceably yield up and Surrender the leased premeees and the whole thereof in as good condition, sube Jett to normal and ordinary change and alteration resulting erem the use of auch premixes as herein provided, as the same may be at the time the Lessee takes poseession thereof and to allow the Lesser to take peaceable p thereof. ?IT; It is mutually agreed that if the Lessee shall hold over after the expiration of this Lease for any eause„ sUeh holding over shall be deemed at tenancy from month to month only, at the se rental per month and upon the same terms, conditions and provisions or this Lease es may be tn effect durin the last rerewal term provided for herein„ unless other terms, conditions and provisions be agreed upon In writing by the Lessor and the Lessee. Such holdover shall inelude any time employed by the Lessee to remove machines, appliances and other improve- ments during the one hundred eighty (180) day period herein - above mentioned for such removal. -11- IXTE h t is by t Lessor f anbre y oti sonstrood t the aame or any other eo titshall any tailors . t complete ton the rev hall the terms dingt d t ifellation o and a* ;e* p abo and tit to be by re 1 the lly agreed that anywaiver any QM or er the *eve - of this a C e y er .: by at the w 3: t a i the Unite d Lass redon the Loss R y t tin City not be any notio WM 01 se �... o the y this Le van or served National ti + or bins iven or bind any assiss o� remedie herein eoi shall Wert depr available 'tee in in ed asprovided herein sehall be ef'f sc ua1 b ,ndin for purposes upon the parties It is cutualiy a sad that time is ha easeance sash and all of t t aid provisions his se + tit this Lease shall iunuro to the benefit nd be binding span the parties berete d any successors Ise a as fully and to the same extent as thous ifically ntiofsed in each instance, and that all coves> t emente in this Lease shall extend to and subiesseea Of the Lease, It is further agreed that the ri hte and eei d are cumulative, and are not intended e i ssor of any other rights and remedies ed tl and the fiord $ sees' tied i Plural ae wei. as then sin ul the parties heretca, but thei r devisee s successors and assi in this Para r ph s ll consti prohibition against assi eat paregvaph Ninth heroinee TWRNTY-NNCONDt The end sseut r gender as used heret number and the feminine and neu° TWRNTY-TNIRD:.Lessor €i y doueacil of the City of National City° the lee, o aaaceg to annul„ grange or o, di thisLeae sepern the violation ofany he provisions h re -Or by the �ssee as in its nt y were proper. ssee is hereby authorized to d and she presenta ns However, tote a waiver by Lessor of the and subletting contained ra ngul the sa1 inolu d ber an the s1ascul.lne 1 include the plural der and conversely. eby to the and prime deep waters Chanel deep water channel st hi:e chid any other party ws tng advantage or the po 11 csss tt establish s:.. d premises to the existing eanse . Leasee agrees that so is advance a i�saee right given in this Claus no ebection to such person doing so. Lessee '. a ss to limit his sea peso ties rage and t sportation of t:tea da props. by' the City or San Diego Terminal, except as quired by the tram or other s, public thor*ity »l : � mosses a a .issble to pie his water by the tenants at tonal City tid diacri inatior amen them and agree reasonably to be used ty without tterbor Committee of National pity to arbitrate y disputes arising urdor the terms or this 1 e TWENTY-3 Lessee agrees n to ere the which are west or the water subject to thi. ughfare excel" r ea wired by ag pies on Parse l C of a minis ed ) feet in length within a period o d ighty l80days from execution or tha are ear sai'ter as c tent publics authority pesmi.t�s T-1 t This Lease shall supersede t t ease ente d into as or Pebruary 15,E 1957 by and ry for health public authority nee coast - i between the parties hereto and that certain Lease entered Into as of April 1, 1958 by and between the parties hereto, for the life of this Lease. IN WI 83 WHBREOP, the City has executed the foregoing Lease by the Mayor or said City and the Lessee has caused this Lease to be executed the •day and year first hereinabove written. CITY OP NAT/*:1# arm a Mitnicipal Corporation Ah I Lt Lte..t„Lt 4-11:43 r"c‘ mayor (Lessee) ATEST: NA. AL CITY, CAL