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HomeMy WebLinkAboutCC RESO 7091RESOLUTION NO. 9 - BE IT RESOLVED by the City Council of the City of National City as follows: That the proposed lease with JOHN HANCOCK MANUFACTURING CO. 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 ATTEST: CITY CLERK c `CE` °gig day of October, 1957. MAYOR THIS LEASE, Dade and entered into this ey o ober 1957, by and between theCITY OF NATIONAL CITY, a municlptaI corpor at. i on, I re i n.a fter ca I i ed the "Lessor" and JOhaN KANCOCK MA WFACTL.IR a eor°poration, hereinafte at tad l T im E 5 E :T Ii hereby teases to the Lessee yea here i naftor set fort,a, ti osc a wits/, County of San Diegu, its a lbarn on map on file in the or, consideration hereinafter set- forth, r th terra and urn the c_odi'tlo s maAn lands in the City of Nationai to of California which said rff'icc of the dity (:lark rr ty, are more panttcuIar1y described in Exhibit s's hcr€ito efts and made a Part hereof by reference. TO HAVE AND TO HOLD said I eased premises for the Cerra of th lease and upon the conditions. as follows: Firs Tire >;:erm of th i s i ease shall be for five year of encirc or the first c:Iay a lacvarber, I9 7, avid ending on the 19E 2, unless sooner term i n ed es herein st day wf prcvI 5srit" day of conrflenc renew s tes. k ,> The Less e3 s for an addition v _ er,. 1962 an a day of s ovem be exercised by lessee xty d fed for. ne l heel nave the right and option to renew e year term cornnenc i ncg n threk 1 and additional 7. Said options to notice in writing to e€oiration of each st Yhird: As nd for the rental and for and in consideration of the leasing aforesaid, Lessee agrees to pay to Lessor the following sums, payable yearly in advance: (a) For the original five-year term of this !ease a st,m calculated and determined on the basis or three cent 30) per square foot per year. (h) For the second five years of this lease, in the event the option herein given be exercised, a sum to be mutually agreed upon by Lessor and Lessee at or before the expiration of the original five (5) years term of this lease, but in no •event shall the sum be less than three cents (30) per square foot per year nor more than throe and one.half cents (3 1/20 per square foot per year. (c) For the last :iv° (5) years of this lease, in the event the option herein givan be exercised, a sum to be mutually agreed upon by Lessor and Lessee at or before the expiration of the second five (5) year period of this lease, but in no event sh the soul be less thwi 30 per square foot per year, nor more than four cents (40) per square foot per year. Fourth The Lessee agrees that the leased premises shall be used only and exclusively for the purpose •of conducting and maintaining thereon a furniture, casket shells, specification boxes and other items manufactured from wood,buslness, and in connection therewith for the dryino of lumber for the use in the manufacture of said items, and any and all incidental or relatod uses, and for no other purpose whatsoever without the consent of the Lessor evidenced by resolution first 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 made thereon by the lessee, in good and substantial repair and condition and shall nako 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 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 leases provided, however, that if any such installations or improvements shall not be removed on or before the expira— tion of said sixty j 60) days frou the termination of this lease; the same shall thereupon become the property of the lessor, Aghth: The lessee agrees to pay before delinquency all taxes and assessments assessed or levied upon the lessee or the leaned premises by reason of any machines, appliances or other improvenents 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 prenises, nor to 1Jemit 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: venth: The lessee agrees that the lessor, its agents, officers and employees shall not be nor be held liable for any damages to the geode, 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 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 ur 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 $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 may be held responsible for the payment of dsmages 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 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 premises as herein provided, as the same nay 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 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 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 be construed as in any manner changing the terns hereof or to stop the lessor from enforcing the full provisions hereof, nor shall the terns 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 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 nail, 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 hereinaboveo 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. Twenty -Fourth: As a further consideration for the execution of this lease, lessor hereby agrees to build, and lessee hereby agrees to re- imburse lessor for the cost of building, a railroad spur track adjacent to the leased premises. It is understood and agreed that lessee shall have the right to connect to said spur track at its own cost and expense. It is further understood and agreed that said spur track shall not be for the exclusive use of the lessee, and that lessor can make the same available for the use of other persons. Twenty -Fifth: That there is hereby reserved by lessor the follow- ing: The right to control the use of the railroad spur track on the premises herein leased; it being the intent and purpose of this reservation that lessee shall have the right to use said spur track but that such right shall not be exclusive; and that lessor hereby reserves control of the same in order to make certain that the right of lessor and other leaseholders of the City of National City Tidelands to use said spur track shall be preserved. IN WITNESS WHEREOF, the City has executed the foregoing lease by the Mayor of said City and the lessees have caused this lease to be executed the day and year first hereinabove written. ATTEST: CITY CLERK OF THE CITY OF NATIONAL CITY, California (SSAL) CITY OF NATIONAL CITY, a Municipal Corporation, JOHN HANCICK MQNUFACTTJRINC CO. by PE SfRvfD F-01? -- STR= piRFo.s Es U. SNAVY pROp DRAWN BY �.LF CHECKED BY ENGINEER CITY OF NATIONAL CITY ENGINEERING DEPT. PARC L 5 T-ENTAT1V. TIDELANDS PARCEL' NGi