HomeMy WebLinkAboutCC RESO 7434RESOLUTION NO. 7434
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
Mueller Truck Co. dated the 1st day of March, 1959, 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 3rd day of March, 1959.
ATTE
CITY CLERK
the
her
set
the c
the Gity of National City, County of San Diego, Stets of
Calif+
tive
N art i o n+e
and by
r
LEASE
THIS LEASE, end entered into i dup i i cote as
t day of March, 1959, by and between th+s CITY OF
CITY, a runicipal corporation, reins fter called the
ation,
d MUELLER TRUCK CO., a Cali
W1TN i
That the
hereby i f
ons here.
mare particularly described as Parcel 12-A, tents -
ands perceiing on Drawing l4o. 269-6 of the City of
i ty Enng i neer Inc Department dated October 24, 1
ere nce made a part hereof,
TO HAVE AND TO HOLD SAID D LEASED PREM1 sES 1`CR THE TERM
OF THIS LEASE AND UPON THE CONDITIONS AS OLLO` 's
t
take posses
prey
of the ex
9a6
The term of this lease shell be for five (5)
years, commencing on the l st day of March, 1959, and ending on
the 29th day of February, 1964, unless sooner terminated as
herein provided, and prow i ded further that lessee does actua t i y
s an the
is not later than 65 drys fr thee date
d eommence business or a r
he #Le.ssee,r
er set
cons i der"et i on here
see for the term and upon
h those *arts i n t ands in
n of this lease.
Lessee agrees to pay
premise$ a sum calculated and determined on the
cents (30) per s
foot per year for the first
of the terry., and on the basis of four cents (40) per s
foot per year for the remaining four years eight month
term, wta i ch sum sha 1 l be divided into twe 1 ve (12;
and sha i t be payeb i e monthly in advance on or before
hs
h
day
of each month during the term of this lease.
Tirde Lessee shall have an option to renew this
lease for an additional term of five (5) years, at a rental
calculated and determined upon the basis of four and one
half cents (4-1/2) per square foot per year, provided, however,
that the lessee shall notify the lessor of tits intention to
exercise said option at least sixty (60) days before the ex
piration of the term herein provided. Thereafter lessee shall
have an option to renew this lease for a second period of
five (5) Years, at a rental calculated and determined on the
basis of five cents (5) per square foot per year, for a third
period of five (5) years at a rental calculated and determined
on the basis of not less than five cents (5,t) nor more than
seven cants (70) per square foot per year; and for a final and
fourth period of five (5) years at a rental calculated and de-
termined on a basis of not less than five cents (5‘) nor more
than nine cents (9.t) per square foot per year, provided, however,
that lessee shall notify lessor of its intention to exercise
said additional option not later than sixty (60) days before the
expiration of the first option period herein provided. Upon
exercise'of either 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 renewai.
Fourth: The. lesee agrees that the leased premises
shall be used only and exclusively for the conducting of the
ordinary business of the burlding, maintenance and operation
of fa•cilities for its trucking business and for other purposes
incidental to the operation of such business and for no other
purposes whatsoever without the consent of the lessor evidenced
by resolution first had and obtained. It is understood and
agreed by the parties that Lessee has the right tp build, rnalnta
and operate a general freight terminal and warehouse.on the
-2-
Pa
a+ss. As a part of
a1 end warehouse,
ksy ra# # car uniosdir{
sus i n9 brad storage spare
r°t,mticsn, sascs for thq
rck and other equ i
# them. The provi
may beco
furnished
staff and facilities on the pry
their operations.
operation of any general freight and
above described shall not constitute +si thsrr an ass i gra
sub -feat of the premises and that said activities by
he oat icon of s
apace and
bed
aciiitie
gay Prov ide c
Astor truck ing ter`eI n
r Peers of all modes
a l r, painting and ma I nt enance
for ouipaent and p
of such space and foci
and the truck lines and shippers
on the
urther un
as may
nt
s may have such
ntai to
that
s+
be d ed to be a violation of Paragraph Ninth of this
ranee sha i i riot be required to secure the prior approval
in order to enter i rat€. contracts to furnish
to truck lines and shippers as above
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 tern of thin lease or the sooner termination thereof, lessee shall
have the right to remove any such installations or improvements, and that
such removal shall be trade 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 160) days from the termination of this lease, the sane
shall thereupon become the property of the lessor,
L'`j.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
this lease or any interest thereinnor to
the leased premises, nor to orrait the occupancy of any part
other person, without the consent of the City Council of the
assign the whole or any part of
sublease the whole or any part of
thereof by any
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
leased premises, and no permission
sublease of the whole or any partof the
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 bakes 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
the goods, properties or effects of
representatives, agents, employees,
nor be held liable for any damages to
the lessee or any of the lessee's
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 fron 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 frona 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 $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 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 nay be held responsible for the payment of damages to persons or
property resulting from his activities or the activities of any person or
persona 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 snrae may be at the time
the lessee takes possession thereof and to 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 cause, such holding over
shall be deemed a tenancy from month to month only, at the same rental per
month and upon the same terns, 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 shall include any time 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 auy 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 covenantor '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.
Seventeenth: The lessee agrees that in all activities on or in
connection with the leaned premises 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.
i&ahteenth: 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 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
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 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 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.
WI
f,, att. City has assauted fortmoliv
City, mid Os i this
and year firms wr i
'ice CITY MELLO TRUCK CO
Ely