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HomeMy WebLinkAboutCC RESO 7190RESOLUTION NO. 7190 The City Council of the City of National City does hereby resolve as follows: A second lease to L. M. Pepper of a certain portion of City of National City's tidelands, a copy of which is hereby attached and made a part hereof by reference be and hereby is approved, 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 2 1958. ATT EST MAYOR CITY CLERK A TH i $ LEASE made aand entered i ttto i n dupi i catee as of t day of Aprit, 19 £ by and between the CITY OF iiATIONAL a municipal Corporation, hereinafter called the "Less€or M. PEPPER, hereinafter called the "Lessee", ! i TMES$ETH t That the lessor, for the consideration hereinafter set forth, hereby leases to t lessee for the tars and upon the conditions hereinafter set forth, those certain lands in the City of latlanal City, County of San Diego, State of California more particularly descr i bed in Exhibit "A"' hereto attached and by reference made a part hereof;, TO HAVE AND TO HOLD SAID LE i PREMISES FOR THE:TERM OF THIS LEASE AND Li i ii THE CONDITIONS AS FOLLOWS. Firsts The term of this leer she1I bes for three years and ten and one -ha l f ohs, commencing on the 1st day of Apr i l , 1958, and ending on the 14th day of February, t 962, un l eess sooner term i na€ted as herein prov i deed.. s Less egress to pay r a i sees a 1 cu i ated and deters i nerd are t cents (40) pesr s into advance on or befo of this lease. Third: for ate addt t i or per trot i f y the I Per year, which sum said lour I be divided t s, and shell be payab l e month l y in 5th day of each monthduring the term ssse sha l l have an opt i on 0 b ease ers of five (5) years, at a rental calculated r the basis of Four and one -hall" cents (4- I /2 j y +s i�v 1ded however, t hat the lessee shall finis irttontion to exerci said option at least sixty (60) days before the expiration of this term herein. provided. Thereafter lessee shal l have en opt i on to renew t R s lease for a send additional period of five (5) years.,. at a rental calculated and determined on the basis of Five Cents (50) Per square foot per year, provided however, that lessee shall notify lessor of his 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 cif the terms and conditions hereof, except the right of further renewal. Fourth. The i essee agrees that the leased premises sha l l be used only and exclusively for ttae building, maintenance and operation► of a petroleum bulk plant, treatingfacilities, warehouses, ficee shop and parking lot for equipment 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 a part of the consideration for the making of this lease Is the following covenant and agreement» By mutual consent of the parties paragraph Twenty -Third of that certain lease by and beteen City of National City and Pepper made and entered into as of the t5th day of February 1957, hereby is cancelled and rescinded and no longer of any force or offec-t. 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 inprove— nents 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 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 j80) days from the termination of this lease, the sane shall thereupon become the property of the lessor, ijghth: 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 i,npoeed 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 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 the 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 them, or any of then 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 activitiesof 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 $Y00,000,00 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 00,000,00 with respect to any property damage aforesaid. Lessee agrees to pay the entire premium due for uaintaining 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 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 tine 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 ].ease 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 terra 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 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 terns hereof or to stop the hereof, nor shall the terms be construed as in any .manner changing the lessor Iron 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. 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 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 mutually agreed that any notice or notices provided for by this lease or by law to be given or served upon the lessee nay 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 nail, 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 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 rightsand 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 net 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 upun the violation of any of the pro- visions hereof by the lessee as in its judgment may seem proper. t ' 1TNESS 'WHEREOF, the City has ex c itad the foregoing l e+ese by tine Mayor of say i d City and the lessees have caused this to iae touted the day and year f t herei nab©ve written, CPTY OF NATIONAL CITY, a Mup,Opel COrparati MOM "A De seripSloo of Pomp" $i of somas* tolip of1 City, D 8 S° 4.5 .N Tipp `1 Alf 9800, \V N a 5 4 i4,1 .490 .567 acres N Z 9548' N N 104. 517°02 52-E- 1 84.78' 47 4 8A17 2 AREA = 87,118.56 SQ.-FT. Z ACRES Nt8615.26"1/4 386.15 100.03' O 0 N N S 71°4434'W -o N AV-&N tkt 49