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HomeMy WebLinkAboutCC RESO 7670RESOLUTION NO. rr r. 3 ' 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 National Lumber Company dated the 2nd day of February, 1960, a copy of which is hereto attached and made a part hereof by ref- erence, 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 2nd day of February, 1960. ATTEST: )))4-1444 MAYOR CITY CLERK THIS LEASE made and entered into in duel i Bite as of the 2nd dray of February . i? 60 by and between thee CITY (W NATIONAL CITY, a municipal ccraorat on, hereinafter called the 'LESSOR" and NATIONAL LUMBER ' OMPeNY, et California corporation, hereinafter called the "LESSEE* the forth. hereb leases ditions hereinafter sat forth, described es arce l s e, and on hatione City on )ctaber 14, Engineer and exeee l T hich i d City and by reference i s made a part hereof, sa' "a^ d teas e f; c r i nc o 'oso .ions o i "arca i shown as be i ng e- served fear street end dre i nage purposes, or such other portions of said parcel es may be deters i nee by ity of Nati©nlo City as being necesseary or con+ "EETHe consideretiens here1nafter set eee for the term and upon the con- in lands more articola ity Tidelands as shown Department dram i ng Ito. ;°6- as revised of file In the office of the City venient in order to modify the alie neent o street and drainage right-of-way . Such portions of Parcel s eee and b-B a€s ma determined by City of Natlonai City es bel necessary or cursear b rt i n order to modify alignment of the r e and spur tracks. d 9 TO HAVE ; ND TO HOLD the said i eased premises for the term of this ia.ase srnd upon the conditions as follows: F'i <ST 3 The ter„ of this lerase shall commencing on the data first hereinssbceve stag or ane ending on the 14th day f September* HTA, unless sooner terminated as herein provided* and provided further that Lessee does. actually take possession and 0=MOACO business or operations oa the premises hereby demised aot later than 365 days from the date cif the execution of this tussah SaIII,INDi Lessee agrees to pay to Lesser 4$ rentfor said prephsel, tile sum. calculated and determined on the basis of per $quare foot per •year * which sus shall be divided. ihso twell,hd 1.12) equal parts and he ha: paid' monthly in advance O. Oe" 'azoeo the tOt.hday of each month dur!nd tha term c',P. this iease. himmalle Lessee shall have the action to new this lease fdr nine. Iddltional five (5) year terms. Any of said notions. may bo ra'te notice in writing of the intention so to do given by tohate th Lessor at least 00 days befor3. the expiration of the tern, rin autehded tore in effect at the time of the exercise of vp,';Ion. Upon the exercise of Ildh of said optional, thia tease shell otntinua and remain in Pull farce and effect and in accord- ance wi'ld of tho. tems end cohdttlons hereof* except as to ranta„ and tha rigt of further renewal In. the event that. all nins dt3id options to rendv have roan. oxercisedx tha event said options are exercised: the rnta t be Paid Lessee to Lessor shall be in accordance with the following schedule applicable to the dartiddlor renewal lodz First ve -year renewal: a sum calculated and de tnrnidee on the basarefnot lash then Z.(1.3 nor more than ill,a,h,05 per square foot per year*, the exact rrtt to be determined by mutual arreement of the parties. 6teend 7tive -year renewe.H7 sum calculated and de- termined on the basis of not less than C,0-3 nor more thhe $..01.5 per square foot per year* the exactrant to 49,4 4. e determined by mutual agreement of the parties i rd fivewyear renewal: a calculated and de' e -p t I ied on t$ 3 basis Fourthh f i i nea on sqi are: foot a�-. ;ear, t3 se a • er square soot per yeas renew, a sum caicu e basis H3se than ` 45 not more exact rent t be cete ..; i nd quare foot by rrutua ~lent of the parties. Fifth Five-year n:erewa 1 : a sum calculated and t ned on the basis o` n'o(" €es than P045 per foot and not more ex eem J'nt of the five-y 055 per square foot rent to be deter m € neck by mutual parties. ear renewal: dated and reined on the basis of not less than >,J4S per and not square root n, the exact rent to be deter r; . ne by mutu ,Irr, iof the parties. Seventh five-year renewal: a: sum calculated and determined on the basis of not less than $.045 per sq are foot and not more than .065 per square foot per e:r, the exact rent to be determined oy mutual agree- ment of the parties. Eighth five-year renewal: a sum calculated and determined on the basis of not less than :.045 per square foot and not more than $.01 per square foot per year, the exact rent to be determined by mutual agreement of the tsarties. Ninth five-year renewal: a sum calculate s€ and de- terrined on the basis of not less than 045 per square and not more. than $.075 per square at der year tha nxact rantto be determined ON mutuai aoneement of the porticA/ eep renewal period„ the rent& eaftolated and daterdinedo as heheir provided,t shall be divided int0 t2 equal parts and shali be pe:,fsiftp monthly in. advanceon or before the glth. nay Of each and aver month of such rens al tero. rouTtit, The Lessee agrees that the teased premi sshall be. Lg oqi„, for the storage, processide. eanufacturin and selling cf myter lais and services relating ta constructioq industry, transpartationl, national defence and 1mprovementso and ail other baresses incidental to the aparetkIn any span business„ or gatpeses and for r other purposes whatsbevor„ without the apraaht pf the- Lessor and evidencee resolution firsthad end antenapa 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 hake 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 thia lease or the sooner termination thereof, lessee shall have the right to remove aey such installations or i.mproveuents, 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 1.80) days froze the termination of this lease, the same shall thereupon become the property of the lessor. ilehth: 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 the 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 -5- 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 takes any assignuent 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 stall cease and terminate unless the cause of said bankruptcy, insolvency or assignment or judicial sale be removed within thirty (30) days frou 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, employeoa, guests, licensees, invitees, or any other person whatsoever, nor for personal injuries to or deaths to theca, 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 end 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 (Jr 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 loos 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 -6- 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 $150,600.00 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 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 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 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 a:.d 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, u3 the same nay be at the time the lessee takes possession thereof and to allow the lessor to take peace- able possession thereof. -7- 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 same rental per month and upon the same terms, conditions and provisions of this lease as may be in effect during the last renewal tern provided for herein, unless other terns, conditions and provisions be agreed upon in writing by the lessor and the lessee, Such holdover small include any ti:Je 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 sane 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. Seventeenths The lessee agrees that in all activities on or in connection with the leased premiseo 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, Eighteenth: It is nutually 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 may 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 may be given or served by registered letter addressed -8- 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 terns 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 io agreed that the word "lessor" and the word "lessee" as used in this lease shall include the plural as well as the singular, and shall include not only the -parties 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 contnined in para— graph Ninth hercinabovo. 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 any of the pro— visions hereof by the lessee as in its judgment may seem 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 NATIONAL LUMBER COMPANY Lessor Lessee By /s/ THELMA N. HOLLINGSWORTH By /s/ GEORGE V. JOHNSON Mayor President Attest: Attest: /s/ IRENE M. ALSTON /s/ F. E. NISLEY City Clerk Secretary -9-