HomeMy WebLinkAboutCC RESO 6934RESOLUTION NO, 6934
BE IT RESOLVED by the City Council of the City of
National City as follows:
That the proposed lease with TARTER, WEBSTER
& JOHNSON, INC. 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 7 g�
CITY CLERK
day of May, 1957.
MAYOR•
LEASE
THIS LEirSE, made and entered into this day of May, 1957,
by and between the CITY OF NATIONAL CITY, e municipAl corportion,
hereinafter coiled the 'Lessor" and TARTER, WEBSTER 6, JOHNSON, INC.
California corporation, hereinafter called the "Lessee";
W 1 7 14".E S S H;
That the Lessor, for the consideration hereinafter set forth,
hereby leases to the Lessee for the term and upon the conditions
hereinafter set forth, those certain lands in the City of National
City, County of San Diego, State of California which said lands
shown on mop on file in the Office of the City Clerk of National
City, are more partIcutarly described as follows, to wit:
Tidetands 2C containing 18,036 square feet
Tidelands SA containing 201,237 square feet
Tidelands 38 containing 23,836 square feet
Tidelands 4A containing 98,100 square feet
TO HAVE AND TO FLD said leased premises for the term of this
lease and upon the conditions as follows:
First: Effective upon the execution of this lease, that
certain lease dated December II, 1951 and that certain lease dated
January 17, 1956 between the parties hereto are both terminated
and cancelisd and of no further binding effect.
Secend: The term of this lease shall be for five 5) years
commencing on the fifteenth day of December, 1956 and ending on
the fourteenth day of December, 1961, unless sooner terminated
as herein provided; provided however, that the Lessee shall have
the right and option to renew said term for an additional five (5)
year term comm,ncing on the fifteenth day of December, 1961 and an
additional five (5) year term commencing on the fifteenth day of
December, 1966 respectively. Said options to renew shall be exercised
by Lessee giving notice in writing to the Lessor at least sixty (60)
before the expiretit
of said option, this
in accordance with al I the term
the adjustment in re nta i as her
ch
k he
n°
Upon exercise
e I n full fa anti effect
eiitians hereof, including
provided*
vlde
irdt As and frr the rental and for and in conslde�ration o f
the teasing aforesaid, Lessee agrees to pay to Lessor the following
sums, payable yearly in advances
a) For the ortginai five-year term of t
sum csicul led and determined en the basis of three cents (30)
per square feast per '+ear.
(b) For the second rive (5) years of this lease„ in the
event the option her i n given be exerc i sad, a s to be mutaa 1 I y
agreed upon by lessor andLessee at or before the exp I ration of the
original five (5) year term of this lease but in r event sh a l l
the sure be less than three cents (30) per square foot per year not
morethan three and one. -half cents (3 1/2) per squsre f+ st per year.
c)For the fast five (5) years of this i.erssa, in the
event the option herein given be atercised, a sum to be mstualIy
nd Lessee at or before the expiration of
r period of
n 30 per
agreed upon by la
the second five
shall the sum be
than four cents:) per square foot per ye
Fourth
used only
thereon a
whoiesali
�-h
c
e�k
but in no event
per year, nor more
see agrees that the leased prod ses shall be
usively for the purpose'€. conducting and raintkining
e lumber yard and for the assembly, storage and
as
and for no other purpose
evidenced by resolution
any and all incidental or related uses,
hatsaever without the consent of the Lesso
rst had and obtained.
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 spade 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 tines 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 renain 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 1,60) days frou the termination of this lease,
shall thereupon become the property of the lessor.
Fi 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.
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
the same
assignment, voluntary orinvoluntary, 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 rakes 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 imerediately
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 theca 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 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 $v50,000.00 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 acid the whole thereof in as good conditien,
subject to normal and ordinary change and alteration resulting from the
use of such premises as herein provided, as the came 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 re:ioval.
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
terms 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 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 sane may now exist or be hereafter promulgated
or amended.
fdghteenth: 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 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
ethis lease upon the violation of any of the pro-
visions h£i `W Rn ,KG o&, 1thts td We Ederaerhe' Pure of rtg
to by the May or of said City, and the Lessee has caused this
be executed the day and year first hereinabave written.
TARTER, iVER & JOHNSON INC, THE CITY OF NATIONAL CITY
Lessee' Lessor
Faycar