HomeMy WebLinkAboutCC RESO 6851RESOLUTION NO. 6851
BE IT RESOLVED by the City Council of the
City of National City, as follows:
That the proposed lease with L. M. PEPPER
for a portion of the National. City Tidelands,
a copy of which is hereto attached and is
made a part hereof by reference, is hereby
approved and the Mayor is authorized and
directed to execute the same for and on
behalf of the City of National City.
PASSED AND ADOPTED".this
MAYOR
ATTEST:
CITY CLER
1,4
day of February, 1957.
day,
de d
freer", 1
lad the "Leamosr
lessor,
ref"' leases to the lessee for the to
rm
ns hereinafter *et forth, those e-
county of San
r1" described.
d end by re recce eta
be for
eery,
tied.
7 Lessor •as r
a
calculated sad determined on the
per square foot per gaar,hlth
twelve l S) eque/.
or before
ease',
1e an tsn to renew
f Five e? Years, et
ed end Bete ed t p . s tke he*
•Pour end One —Half Conte (411) Per aquaria foot per year,
provided however, that the lessee shall notify the leaeor
ef oia intention to exereise said option st least sixty
(60) days before the expiration of the term herein pro—
vided, Thereafter leasee shall have en option to renew
this lease for second additinel period of five (5)
years, at a rental ealeulsted and determined on the basis
of Five cents (6) per square foot par 'Jeer, provided
however, that lease, shall lontify lessor of hie intenttn
to eXerCille said edditional option not later than sixty
(40) days before the expiration of the first option period
herein provided. Upon exercise of either of •sold option.,
this lesae shell continue in full fore. and offset, in
accordanee with ell of the terms and conditions hereof,
except the right of further renewal.
1,4411v The lessee agrees that the leased
promisee *hell be used only and exclusively for the building.
maintenance end, operation of a petroleum bulk plant, tresting
reoilltlea* woreihoutet, office, shop end p erting let fo r
eqUipment and for other purposes ineidental to the operst4on
of ouch business end for no other purposes whatsoever
without the oonsent of the lessor evidenced by reeola4F a,
first had and obte!ned.
pifthe The lessee further Ore** that it will
bases leave the leeeor free and harmless end in.
t againat all aleima for labor or materiels
furnished for or in conneetion with. eny end all work*
chenge or improvements in or upon the leased premises.
At;15t101 Zt is rautusily grood that the lessoto
shell keep and meintain the leased prenieee end ell
improvements or any kind ehleh my be Greeted* installed*
ee mode thereon by the Ieseee* in good end subatentlel
repeir and -condition end shall make ell neceeeary repairs
and alteratione thereto* and that the leesor Isbell not at
any time be required to eeke any lwarevements or repair*
whstsoever. Tbo lessor shall at all ttles during business
hours have the risht to enter upon and inspect the &aid
premises.
§AltgAiv It le nutuelly agreed that ohY instill -
stions or improvements of any kind now eXlating or pieced
Open the leased premises by lessee shall bo end rin
the pwoperty of leeeee and that upon the expirstion of
the term of thia /ease or the seener terminetion thereof*
lessee shall have the right to remove any aueh iustalletions
or improvements* end that *tt rew*7*1 shell he mod* on
or before the expiretion of sixtY (80) days from tho termine.
entitle of this lease; provided, however* that ir any such
instailatIons or improvements aball not be VOMOY*4 on or
before the expiration of meld sixty (40) 4aye from the
termination of this lease* the sem* shall thereupon beeome
the property of the lessor
;Ighthl The lessee agrees t* pey before d
quency all texee and **•easements assessed or levied upon
the lessee or the leased premises byrellAttp7S Or eny machinee*
ePPliances or other improvements of any nature whatsoever
erect. instilled or maintsined by lessee or by reason
of the business or otber octivitien of lessee upen or
in connotation with the acid leased premises end to pey
any. fees leposed bi law far licenses or permits for any
buainess or eetivitiee of the lessee upon the leased
premieeo or under this lasso, and to pay before delinquency
any end ell eherges• for utilities at or on the leased
premises,
m34jalit The lease° jrees• net to assign the whole
or shY Part of tt lease or eny interest therein, nor to
subleses the who'. or any pert of the leseed premises,
not to permit the oaeupincy or carry port thereof by any
other person, without the eonsent of the City Couneil of
the looser, under an ordinonee of such Council dulyeekepted
Lessee rwrther egrees that no esitinto voluntary or
involuntary, in whole or in part, of t,zia lease or el* one
baterest therein, end no sublease of the whole or any pert
of the leeeed premises, and uo permiosion to any person
to eseupy the whole or any pert of the /eased creates*,
&hall be valid or effective without the consent of the
City Counell of the leer rirst hod and obtained under
an ordinenee of sueh Connell duly adopted.
Iatftht it is mutually agreed that In 'he event
thot leseee is adjudicated bankrupt or insolvent or mekes
any as'41gnment for the benefit Sereditore, or in the
of any judicial solo of the lessee** interest under this
lease, tele lees, shell at the option of the leesor Immo
dietely terminate and all righto of the lease, hereunder
shall °ease end terminate unleao the (louse of said bank-
ruptcy, insolveney or **eignment or judicial sale he removed
within thirty (SC)• days from the date thereof,
BlevamAh4 The leases egret's that the esaor*
-otos officers and employees shall not be nor be
held liable for any demages to the goods* properties or
etTects or tbs lessee or any of the lestleeta represents.
tires* agents* employees* guests* lieensees* invitees*
or ony other person whatsoeer* nor for personel Injuries,
to or deaths to them* or sny of them whether used by or
resulting from soy est or omission of any pareon or from
any defect in ony port of the loosed promises* The lose**
further agrees to Ind -qtlify and save free and harmless
the leasor end its authorized agents, o•fficers end employees
sgainst any of t
foregoing liabilities end any costa
and expenses Incurred by the lessor on aceount of any le
or claims •therefor*
welgt1gLi The lessee agrees to tab* out public
liability insurance with an ,houranee carrier ostisfactory
to lessor and naming lessor and lessee as coo.inoureds to
protect egsinit less from liability tsposed by low for
damages on ocoount of bodily inmury* including deeth resulting
therefrom, suffered or elleged to be suffered by so, Person
or persons whatsoever resulting directly or Indirectly
from any set or acti'.1ties of the lessee or any person
acting for it or under its control or direction, ar any
person authorized by it• to use the leased Pr, sod
also to protect ageinst loss from liability imposed by
law for davages to any property of sny person eaused di•
really or indirectly by or from the acts or ectivities of
the 10360410 Or any person* or any persona, acting for hi m
and under his eontrol or direction, Or any person authorised
by him bo ta4e the loosed premises,.
iebila be meln teed in full fore, end
e sti e eric of tb,i ,eeee in amounts t is ee
,000 • one perek r ix u 4 in one e e i ex t � ext
ene porern injured
5e e 8u l
RYA tern (10) days
hall he
n resulti
ve no 'n bevo
x
atesio
vided c the leases wi
d e flees and the
1 and
use of
x#.4 be at
•r d 1I1ew $I1
and Otua
and take the Via»
that upon
ire
arms
el
d e♦an
premises her
e the lessee takes
r to take peceee
uali.7 weed that
xpirathn of this
it be deemed a 4teno. ne
par month
lona of this
ran al term
Provided '4aT slw.vvs V•f0X4Y 63..2 Y: R. C4M IIA £'X 85 P§161N RF:Ni iYbr .xu 4d� :.3.}'�} and
revisions bea eed upon in writing by t.
t
ghelessees, e a al.dever eah .?, 3nelude any
by the {si4 F'R:.k'S YP,k9 ilKtdl..h #r+3'a+:.: w.
apianea
improvements during the a xs,F. { dey period he
f+any one or more
f this lease
:. e'
of the lessor to
plUsi ne with eny
of this lease be aonatr
amended.
quire or e, as
nset
be her
bed pr
be served personal:;
hereafter authoris
e; and that any € atice r no
this lelaw to be
pro
given or
r noe
rei shall e afaatal. and bindin
upon the parties so served.
teenths It is aaZl
of eesh and all of
end lotto
pros:
d as
ridet
ad hat time is
x d provisions
tkis lasses and that this lease shall inure to the berms -
fit of and be binding u n the parties hereto and sny
tOottessara of the leeoe •es fully end to the same •extent
so though speeifleally mentioned in each instance* and
that all covenants, stipulations and agreements in this
lease shill extend to and bind any **signs or sublessees
of the lease.
Meenkiet41 it is further agreed that the rights
and remedies herein contained ere *emulative, and ere not
indended end shall not deprive lessor of eny other rights
end remedies available to it in low or equity.
ImentX.Pltrett It is *greed that the wort
°lessor* and the word N100.1bie 4* used in this lease shell
include the plural as well 64 the singnier, end shell
include not -nly the parties hereto, but their repro .
sentatives, hairs, legatees, devisees, aucateeaore
end **$igns. However, nothing contained in this pare.
drePh shall aonatitute e waiver by lessor of the pro.
hibition ageinet essig04-nt end steletaing oontsined
in paragraph Ninth hersinsboe.
Twer4A.desentt The singular norther and the
mesouline end neuter venter se used herein Shell include
the plural number end the feminine and neuter gender aw
conversely*
e eea s
tribute the s
National CI
d and of l ss*or at
t
stud
l ty
ty
bile e r by ordinance
ice'
`' s dal it
As e ; rthor conslc a ttion for
6.3e loseee hersby 0 eon-
000.00 to d *d the oast : d dging
to be 4ue and gable
4+
ie awarding
�1 it arbor.
sb s e* to
PI*
la
fui.
City has
paid City a
d yoar biro"
od rya
Muted the
zi In;12l t- f�-►
8, IN
tio