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HomeMy WebLinkAboutCC RESO 6735RESOLUTION NO. 6735 BE IT RESOLVED by the City Council of the City of National City as follows: That the proposed lease with NATIONAL LUMBER COMPANY 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 %G day of September, 1956. ATTE CITY CLERK A S E THIS LEASE made end entered into in d' pith day of September, 18bg, by and between s: min ciPe1 corporation, hereinafter sailed the NATI ML LUMBAR CoiPA4"Y, a California aorporation, hereinafter called. the "Lessee's, wITNt.SSETs1t That the lessor, for the con hereinafter set torah, hereby leases to the lefor the to and upon the eon. ditions hereinafter set forth, fuse cartain lands bordering on Tidelands Avenue in the City of National City, County of San Diego, State of California more particularly described in xhibit A hereto attached end by reference made a part hereoft, TO HAVE AND TO HOLD SAID LEASED ?REMISES FOR THE TERM OF THIS LEASE AND UPON THE CONDITIONS A.S. 'CLLCW8t The term of this lasso hell be for five (S) years, ee ,,s»snoing on the 18th day of Sept.mber, 1956, and ending on the id h day` of September, 1%36., unions a►o€.zser terminated as herein provided. First as of the NATIONAL CITY, and ass to pay Lessor as re nt for said premises a noon tsslsu1eted, and determined on t e tools of Three Cents (31) per aqustre fCsset i t year, which ak` shell be divided into twelve (12) equal parts, and shell be payable monthly in adienos on or before the 1. h day of each month during the term of this lease. T S ,ens tthall have sn option to x*en this lease for en addition al farm of five { b} yearn, et a reuta,l Calculated and determined upon the basis of not leas 'then Three Cents (3¢) per aquaz a toot per year, and not more than Three and one -halt' Cent (3) per square foot per year„ the exact rent to be deter- mined by mutual agreement of the parties, provided however, that the lessee male not the lessor of itsrtenno exerca option at least sixty (00) does before the oxpireati:3n of the herein provided, Thereafter lessee shall have an option to renew this lease f r a second additional eriod of five (5) years, at a rental aaloulated and determined on the basis of not less than Three ( ) per aquare foot, eed not !ore than Three and One-half Cents (*I) e foot per year, the exact rent to be determined by mutual f the parties, provided however, that lessee shall notify is intention to exercise said additional option not later (80) days before the expiration of the first optics period ided. Upon exercise of sit. r of said options, this lease nus In full for'ae and eff'eNreat, in accordance with all of the to a and conditions hereof, a; oa 't the, right of further renewal Fourths The lessee agree that the leased premises shall, be used only€ and exclusively for the nufsoture, storage, lending and un1oeding, processing, or saes of lumber and building ateritals and for other purposea Sri€aitientai to the operati n of such bu.si- ess and for no other ourpo.ses whatsoever wltnout the oenaent of the lessor evidence be zeao utl n, first •a,d and obta ned„ 'ittb: The lessee, further •a gees that it will at a .i and el id leaves the lessor free and t arre].esa end indemnity it ageir�.a all Bela furnished f rr or in uon:...eotien with any a rovernents in or a ry the ]used pre i»ses. mutually a ,reed that the Lessee sisal' keep and stsinte rLL ttse leased premises and a ]1 i proveerenta or any k.nd which may be erected, *nsteal:led, or made there era by the lessee, in sad and aubatantial roe a r and rnndi.tien and sell make ell n.ceasar reps re and alterations thereto, and that the lee nor ar3,e .r hot rat any for labor or e work, change or time be require make any impreve :efr.ta car r shall at all time. dering bush>esc hour, have upon end inepact the said .rem1aea., event ! It is mutually agreed that any inste laments of any kind now existing, or placed upon the i es by leases ahali be sad remain the property of t upon the expirat;on of the term of this l.reeae or they sroner 1 have the right to remove any such ixsatallatinns or improverentsr end that such removal shall be made on or before t:ae expiration of si..xty ( O) days from the tereinatlei i inat1 thereof, lessee s of tie leas i rpovided, however, that if any such instal improve ente shall not be removed on or before the expire said aixty (10) dsaya from the tarminatien of this lease, shall thereu on become the property of the lessor. iehtte leases agrees to pay before dnl.i end i0ne or f snay tex:a and =ants aseeaaed or levied upon the lessee or the lease>d preemies by reason, of any maohires, appliances or other i prave•e cts of any nature whats0e rer ereeted, installed or wine by lessee or by reason of the awusinesss or other activities of lee upon or in con eotien with theeeld leased premises and to pay any few, imp tsed bu law frsr Iiaeriaes or permits for any "basins activities of t° e lessee 1.10P the leased prom es or under end to pe„r :afore delinquency any aed all on the ]cried .taea. ` be les pert of this, l cess r any car any part of the leased pr pert *hereof by any other Council of the iewaor, e'4e'idericed by resolution first bad and obtained Lessee further agrees tctet nc assignment, voluntare or involunt*re', in whole or in part, of this leave or of any interest therein, and no of the *bole or a y pert of the lease t premises, and no permission to or n to occupy a for utilities n the whole or any rest therein, near 'to sublease he whole e occupancy of any ut the conecnt of the City SOS nor to whole or any pert of the leased rr V ice e, shal be valid or +etractive without he consent cs the City Council.' of the lessor first had and obtained. Tenths: It is ; utu 3,s ad judiceted bankrupt or s°a benefit of creditor .n y a_re i ve; or lesaee's interest under this lease, this of the lessor immediately to hereunder shall cease and to rupt©y, insolvency or asai r,= thirty i 30) days from the d Elere ati The le vt`f`ioere are e1 oyeeo shall n de gas to the too of the lesseees re invitees* or any o or r properties or esatat Lves e p ache any Judie: evr, rs even the aid bank* watt within the 1.eascrs l to a erzta„ ld liable for a y tfte leaeee sr any oyeas, guests, licenasee, rsonal is jriea to or desths to the:- , or any of them whether Ise aes by or resulting from any act or a feasi r"` of any person or from any defeat in any pert of the leoeedpremises' The lessee further agrees to Indemnify and nave free and hermleas the lessor and its authorized agents, officers end employees against any of the foregoing liabilities s <d any costa and expenses incurred by t e ols it s therefor. Twelfths or 3n aocount of any elaLn or The leseere a;#rees to tame out public 1 i,ab noe with en insurance carrier aotoryr to lessor and lessee ea ooeinsureds to protect against lo'.;f, from 1iabiilty imposed by law for sages on account of bodily injury, `lncludiia g death resulting therefrom, auffereti or alleged to be suffered by any prso� or persons whatsoever resulting directly or indirectly from any act or aotivitiea of the lessee or any person actin; for it or under its antral or direction, or any pe son authorized by it to t as premises, end also to protect against loss from liab3.l.ity im osed by law for damages to anyproperty of any person d directly or indirec the lessee or s.sy rson, v Its eontrol er direetio: , or any leased premises, by or from thee eta oraetllvitios of :cocas:, acting for it and under on authorized by it to use the Such public liability and roderty damage insuz'sc . aintai acb in full rorae and ef' 'sot during the enti e tee i° thts lease . amounts of nit lase than $100,000.00 for due per n zxred in ore acoident, and not less than Wop0000 for more than one person irLured in on a aident, ans in the amount off' not leas than ,04O.00 with respect to a x a roperty damage aforesaid. Lena egre ►s to pay the entire ;>rexiuze due for maintaining snob 3.nsuranee t. pro v: v d shall be have a n oaiea of (1 not be construed se canaellatin notice a ll be sox' n auras ent to cab to lessee may be hold responsible fort e; pa erst ;of damagass to persons eetivitiesc of any naib1e. Thirteenths It le mutually under $ od and a ;red that if ul t be made in the or property resulting from its scab' iti person or parsons for which it is othez any d ym>nt of th,u rental herein provided* or in the performance of the covenants, csornditi s or ayeemdents. hereof, and aumh default she .l not be cured within ten (10) days after written notice thereof, the lessor shall have the ap#ion to iaaaediate1y terminate tail lease; and that in event of such termina«� tion the 1easea shall have no further rights hereunder and the lessee sha1' there\.4pca forthwith :wemove from Said premises and shall have no further r i ht or claim thereto] and the astd lessor shall Yam- diately the_xseupon Without recourse to the courts have the risht to re-enter and t aka thaw pas 4.n of tha lees dpremiaes• 8 se this 1oaae by the expire a that upon the to inet' the earner termination by the terms of t. ie lease provided, the leases will peaceably yield up and x urs*es°sder the ens ed rre lase end the whole thereof' in alter i vided, the time the esaes taken possession. tk ereo.f as loci sditier, subject to rzgrn& . and ordinary titian resul.tinsi from the use of such premi, sca as as the same may r and to all o the lessor to take peaceable possesssi::n thereof. 'iftoentkt: It is mutually agreed that if the=lessee s za11 hold over after the expiret:ioe of this leases for any saese, auah holding over shall be deemed to tea►ency from: m sth to month only, nsdttione and eat renewal and pro. 1eanee. Such remove machines, day period t the some reeteal per v:: nth end upon; the acre provisions of this as as tray be is effect duri term provided for herein, unless other tarms, vlesions be greed upon in writing by the leaso holdover shell include any time aPplienaes and other improvemen played by the 1 during the aix't heereinab:svee mentioned for such removal* Sixteenth: It is mutually d t any wiver by the lsrsaor of cry breach of any one or more of the covenants, eo ditiorse car a rear ersts of thin Leese shall net be construed to be a weever of any aubsecluerst or other b:'each of the same or any other covenant, conditien or s relement of this leans, nor stse11 any failure on the part of the 3.easoprto require or exec t full and complete oomplience with any of the covenants, conditions or a reements of thin lease be construed aa in any mdartuer changing the terms hereof or to atop the lessor fry enforcing the full provisions hereof, nor shall the teems of this lease be °han ed or altered in am manner whatsoever her than by written egreer>ent of the lessor and the lessee. Seventeenth: The leesa.eese a.reeee that in all aati.vitlea on or in cone tien with the leaned ereeri ee and in ell uses thereof,, including the ! ekc .ng of an f eltersti:na or changes and the inst:+lla- Lion of any uac1 tree and other improvements he will abide by and csonform to all rules, reS14,tl n#s en: ordinances of said City and any applienebl.e law=e of the Mate of California as cry of the same may now axis t or be hereafter promulgated Dr eeended, i;hteenth: It is mutually agreed that any notice r noticea ;provided for by thi; upon the 1esaee may be give to dopes in the Ursltea Ste the seid leatm° or any jeh�s rooelvo such n:atice, and tj€. lease o reg essee at the str by yaw be giver, or served r served by reg istereed 1. tter ad+lreseed dres of the a bove describe premises :,a i'. w to be served ups_ ered letter eddre82ed to the nay be served a ear€ onal,1y upon authorised b; t in writing to or notices: *oV`ided by thi„a authorised representative, and fiat ar natia fy veld given or nerved as prOvided havein stall be effe tual and binding for r11 ptu"poses upon the parties so served. ' intejenths It is mutually ag. esed that time is of the eeaeinoe oi' each and all of the terms and pre via i.orls of t:• is lima* and that this lease shall inure to the benefit of end be binding upon the parties hereto and any successors o' the pease es ful°'y and to the same extent as though specifically mentioned in each instance, and that all Oevenants, stipulati: ns and a reee2rents in this 1 as0 sxhell extend to end 'bind any asa gns the lease. re :ediee herein co .tai -ed s. She not deprive lessor oi` to it in lav of equity, s of ed that t rl hte and uid era not a and eamedies available ded and Tweet ..pirtt It is a z*e d that the word "lessor" sn:d rrd "Ie,aee" es used in this lease shall include the plural l as bass aingcai.ar, and shell include not only the gartie e , but their ropreaentstivea, heirs, legatees, dev1seea sons end assigns. sswever, nothing contained in this pera.aph scatssii to a waiver b, le se a* of the prohibition against y+Fauz'th: That there a neuter by reserved by le ns. e right to cnoetrol the ue€e of the railroad spur ses :txz in ieaeed; it being the intent wed purpose th€ t 1es akttall have the right 'to use said spur such right shselnot be exclusive; and tiaat lessor csontrol of the aeae saor and o serxt a:td sublrettin; acetainaregratph aqtreseeendt The s gender as used herein, shall 1ude t z plural numear and ^fnire and neuter ,ender and ccsnverael.¢. l ent-`Ph,ird Asa further eonaidere' lease, hereby agrees to build and lessee hereby ve. to raair°t arse 1eea r f"or one-'.helf (11.) "the cost of building, a railroad spur treek ad jaaent tta the leaaaed promisee. It Is enders tc sd and agreed that lessee stall have the right to connect to said spur track at ita own cost egad ex nse. It is f ,rther understood end a€,reod that said cur track shell not be For ti:e exclusive use of the ieseee, and that le;°=ear can make ke the same available for the use rf c 0 treat but tk=aa hereby reset the right Tidelands to use said spur %Reek aunt.? be ty ': I ES ; WHEREOF, the Clay ease by the Mayor of said City and the 1 lee se to be exec uted the day end year fir (srm.) in order to make certain thsEt re o' the City of Nat preserved. as exe^utcd th sasses have Caused this t he.reinabevs writ ° en. going P tdATIeNAL CITY, retion,