HomeMy WebLinkAboutCC RESO 7729RESOLUTION NO. 772q
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 FREIGHT TERMINALS, a California corporation, 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 o% �` day of April, 1960.
THIS LEASE, made and entere
NATIONAL FREIGHT TERMINALS Ca I i for
called. the "Lessee",
WITNESSETH e
That the lessor, for than
forth, hereby teases to the lea
ditlons hereinafter set forth t
National City, County of San Diego, St
particularly described as Parcel 12-A,
ogling on Drawing No. 269-8 of the City of
Department dated October 24, l NNfi, and by r
for
a in dupl I crate as of the
lit day of May, 1960, by and between the CITY OF NATIONAL CITY,
a municipal corporation, hereinafter callesI the "Lessor", end
at i on, hater i nefteer
to fete and upon that omen -
in #ands in the City of
of California, more
i vas t i del ands par-
tionai City Engineering
rence made a part
heareof, and Parcel 12-8, tentative tidelands parceling on Drawing
Rat. 261 •t. of the City of Nat i ona I City Engineering Department dated
February 8, 1956, end 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:
Firs: Prov i ded that effect i ve *AY':
I ease dated the I st day of March, 195i9 by a
NATIONAL CITY and MUELLER TRUCK CO., a Cal
960 that certain
tween CITY OF
a corporation, pro
v i d l ng for lease of Parcel 12-A Above deecr i bed has been cancelled
end rescinded, the term of this lease shall be for three (3) years,
ten (1 a) months, commenc i ng on the 1st day of May, 1960, and ending
on the 29th day of February, 1964, un l ess sooner term i nated as
herein provided, and provided further that lessee does actually take
session end commence business or operations on the prep i ses hereby
deael seed not later than 365 days from the date of the execution of
this lease.
Second:
pay I essor as rent for said pr
+ Semca i cu l et ed and determined on the basis of four
per square foot per year for said tens,, which sum sha
its (4 )
be
d i v i deed Into twelve (12) equ a l parts, and shall be payab l e
monthly n advance on or before the 15th day of each month dur i ng
the term cf this lease.
Thi rc(; Lessee shae i I have an option
for on additional term of five (5) years, at
and determ i ned upon the b
new this lease
Ftal calculated
of four and one -ha if cents (4 I/20)
per square foot per year, prey i dad,. however
notify the lessor of its intention to exec
sixty (60) days be
Thereafter, lessee
third period of five
mined on the basis o
a fourth period of
teermined on the besi
that lessee shell
e said option at least
ree the expiration of the term herein provided.
all l have an option to renew this lease for a
(5) years, at a rental calculated and deter -
five cents (50) per square foot per year, for
e (5) years at a rental ca l cu l steed end de -
ass than five cents (50) nor more than
seven cents (7 ) per square foot per year; and for a final and fifth
period of five (5) years at ae rent a l ca l cu l at eed and determ i ned on a
bells of lot less then five cents (50) nor more than nine cents (90)
per squearte foot per year, provided, however, that lessee shall notify
ieseor of its iretewtition to exercise any of said additional options
not later than Sixty (50) days before the expiration of the current
option period herein provided. Upon exercise of any o
this lease shell continue in full force and effect, in
with all of the terms and conditions hereof, except th
further reenewa l .
.Epurtji The less ae:r+ s that tie l eaaseed premises shell
be used csr.iy and exclusively for the Operation and maintenance of a
general freight terminal , warehouse, t ruck i ng business, and any
said options
accordance
right of
purnes
e, a
et had and pbt
re ght term i na
may provide co
car unlpadin, or trucking
stor' for sh iaeras of a
repair, pa i n't i ng., and ma i nten
apse for i and part
and the t r 4nspo st i on i n astr
ties by lessee ' r such purposes a ay be conduetdd area bassi a to
various truck i i ass,, shippers, acupp i l er s, i ass atnd r i r• r *vices.
Truck I i nee, el4a i , asupp i i air s, i ess rind a epa i r ser`v i des furni shed
space asap fac i i t i + on tip pr+ i see teary have such staff and fac i i
ties on the pr I ears es asaty be i i dental i to their oper # ons. i t
is furti r t rstood that the saperet ion of a €ty general `reight
of such
war
k, and
[bed
she i I no
pros_i
of tra
re
rat i on a as I ntarasn+
what *o+svarr, with +ut th
As a part of the o
rehouse fee
e facilities for k
a► I fac i l i t 1 ass, eery
transportat i on;
s and other .quI
g to trucking,
The p
viding o
pace
trsaek i+
rail
i ng and
for the
inciudi the operations end services
itute either at assigns at or a aub*
aid activities by or ursr lanai*
of parerof this loose.
secure the prior approval or consent
a con
above dosei
the apace
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,
ii hth: 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.
Plinth: The lessee agrees not to assign the whole or any part of
this lease cr any interest thorei.n, nor to sublease the whole or any part of
the leased premises, nor to perrit 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
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 hereunder shall cease and terminate
unless tho 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 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 then,
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 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 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 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 ter,inate 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 and the whole thereof in as good condition,
subject to normal and ordinary change and alteration resulting from the
use of such promises ea herein provider, as the same nay 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 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 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 nachines, 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 alto: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 premised 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 new 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 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 ray 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 be 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 eel' 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 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 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
BY Oki I4 ils`L
At est:l
Lessor Lessee
ayo r
City C1eSk
NATIONAL FREIGHT TERMINALS
By
President
Attest:
Secretary