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HomeMy WebLinkAboutCC RESO 7831RESOLUTION NO. 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 E.-Z. SET WINDOWS, INC. dated the 1st day of May, 1960, 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 / day of November, 1960. ATTEST: CITY CLERK THIS LEASE, made and entered into as of the ist day of hay, 1960, by and between the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called thcii3 Les dl 0 . '114l3 -$ as the l'llesseaP, or', and E.-Z. SET alifor a corporation, hereinafter referred to That the lessor For the consideration hereina set Forth, hereby leases to the Lessee for the term and upon the conditiona hereinafter set forth, thatcertain portion of the tidelands of National City, County of San Diego, State of Cali- fornia dencribed as Harceis 2A-1, 2A-3, 2A-4 and 2B on Drawing 1239-L dated February If, 1956 which is on file in he office of the City Engineer of Nationai City, TO HAVE AND TO HOLD said leased promises for the term. of this lease and upon the conditions as foliown: FLiR The term of this tease shall be for a peried.of Devon (7) years and eight (5) months, commencing. on the ist day of day, 1h6O, and ending on the Dist day of December, M137, unless sooner terminated aS herein provided; provided, however, that the Lessee shell have the right and option to renew said term for en additiona. five (5) year term, commencing on the Ist day of January, i5D8, and ending on the 3ist day of December, 1:72. Seld option to renew shall be exercised by Lessee giving notice in writing to Lessor at least sixty (H) days before the expiration of the term herein provided. Upon exercise of said option, this lease shed I ooninue in full force and effect in accordance with all the terms and conditions hereof, including the adjustment in rental as hereinafter provided. SECOND: As and for the rental and for and in consideration t of the leasing aforesaid Lessee agrees to pay to Lessor the folI owing 3UMSy.pyablc yae I n advance: (-) for the term bodinnine or the s day of May, o tut not nctu:na rho tst Ley of July, 1961, a sum calculated and determInad on -e 103SiS of three menit per scuare fb(t par year. (b) for tam tdrm wind on the int day of July, (mi, to but not ine tha 1st day of January, ifif3, a au talculate,1 and determined on the has of three and one-half carte. (3 !i2) par square f000 per year,. a torm beeinning on the st day of January, 1963, to but not including the let day of January, !,96a, a sut calculated ane determined on the basis of four cents (44) per o,euare Foot par year. !e: far the next five (5) years of this lease ia tee -4:inn herein -Jiven hp sxersissd, a sum to be mutualiy amread upon by Lessor and Lesseeat or before the expiration of the cricnal term of this Lease, Hut in noevent shall the sum be loss than four and ona-half canto (4 mer samara foot per veer? no more than. seven. canto (7,7) per seuere foot per year. THIRD: Lessee agrees that the leased premises shatI ba used only and exclusiveiy for the manufacture, storage and salo of atuminum windows, doors, screens and other ailied aluminum' appurtenance., and for such other gurroses incidental to the odermtion of such businesses and for no other purposes whatsoever without the consent of the Lessor evidenced by Resolution first had and. btained. FOURTH: The full yearly rent for the term •f this lease ending on the 30th day of Aprilv i9E1 shall become immediately due aod pay4ble upon execution of this lease by the The annJal rental thereafter shall become due and payable on or before t.he 1st day of May of each and every year during which this lease remains in full force and effect. City of National City* 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 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 term 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 j60) days from the termination of this lease, the same shall thereupon become the property of the lessor. . ghth: 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 permit th.e occ'1Tancy of any part thereof by any other person, without the consent cf 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 cf 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 hereunder shall cease and terminate unless the cause of said bankruptcy, insolvency or assignment or judicial sale be removed within thirty (30) days fron the date thereof. Eleventh: The lessee agrees that the lessor, its agents, officers and employees shall not be nor be held liable for any damages 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 and 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 damages to any property of any person caused directly or indirectly by or from the acts or activities of the lessee or any person, 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 less than $150,000.00 for one person injured in one acci- dent, and not less than c$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 tc 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 immediately 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- -5- that if the lessee shall hold any cause, such holding over from month to month only, at the same rental per month and upon the sane torus, conditions and provisions of this lease as may be in effect during the last renewal term provided for herein, unless other terns, conditions and provisions be agreed upon in writing by the lessor and the 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 leases nor shall any failure on the part of the lessor to require or exact full and complete compliance with any or agreements of this lease be construed as terns hereof or to stop the Fifteenth: IT is mutually agreed over after the expiration of this lease for shall be deemed a tenancy hereof, nor shall the terms of the covenants, conditions in any manner changing the lessor from enforcing the full provisions of this lease be changed or altered in any manner whatsoever other than by written agreement of the lessor and the lessee. 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 or amended. 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 the same may now exist or be hereafter promulgated ightee_ nths 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 mail, or nay be served 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 nay be given or served by registered letter addressed lessor of any other rights and Twent First: It is "lessee" as used in this lease heirs, legatees devisees, l successors nothing contained in this paragraph of the prohibition against assignme1 graph Ninth hereinabove. Twenty -Second: The eprive remedies available to it in law of equity. agreed that the word "lessor" and the word shall include the singular, and shall include not only the parties sentatives, 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 It Nineteenth: net 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: eth: It is further agreed that the rights and remedies herein contained are cumulative, and are not intended and shall plural as well as the hereto, but their repre- However, shall constitute a waiver by lessor t end subletting contained in para- y. Ts'ent- ty =Th- ird: 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 visions hereof by the lessee as in its judgment may seen proper. IN WITNESS- WHEREOF, the City has lease by the Mayor of said City, lease to be Executed the day and THE CITY OF NATIONAL CITY Lessor singular number neuter gender as used herein shall include feminine and neuter gender and converse' and assigns, not d and the masculine and the plural number and the pro - executed the foregoing and the lessee has caused this year first hereinabove written, E.-=. SET WINDOWS, INC. Lessee Attest: President secretary