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HomeMy WebLinkAboutCC RESO 6549RESOLUTION NO. Be it resolved by the City Council of the City of National City, California, as follows: That a lease of parcels 3B and 4A of National City Tidelands to TARTE_ , WEESTER & JOHi) SOT , INC. is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute said lease, a copy of which is hereto attached and made a part hereof by reference. PASSED AND ADOPTED this %/L—day of January, 1956. Mayor ATTE City Clerk r L EASE THI8 LEASE., made and entered into in tripli,e to 17th day of Jenuery 1956, by and between the CITY OF NAT CITY, a municipal oorporetion, hereinafter milled the and TARTER, TER & JOHNSO', INC., a California corporation;, hereinafter Belled the "Le-sITNESSE orth,. condition City of Na which said The the Lesss set forth,, , County lands are more;:partjc8 City Tidelands Parcel 300 containing as, and National City Tidelands square of the City Clerk of Nstia TO HAVE AND TO HOLD said le premise for the term of this months ea s enc na ran the 17th day of January, 1956 and ending ern the 14th day of December, 1956 unleas Bonner terminated se herein provided; provided however, that the Lessee shall have the right and option to renew said term for an additional five years to commence et the expiration of the term herein provided.' ion to renew shall be exercised by Lessee giving notice in writing to the Lessor at least sixty (..60) days before the the etinaideration hereinafter a� e for the term and upon the those certain lends in the negoa State of California described as National O 6 square feet more 4A, containing and upon the conditions as follows: a term of this lease shell be for eleven expiration of the term option this lease shall accordance with all the herein provided. Upon exercise of said continue in full force and effect in tea s sndcQnditions hereof, including rental as As and for n of the leasing aforesaid, Lees4 ollowing sums; payable irst eleven ninths of said le ned on the beefs of two and one square toot., (b) For the next two and one-half years of said lease in the he option herein given be exereised e sum 'to be mutually agreed upon by Lessor and Lessee at or before the expiration of the said eleven month period of this lease, but in no event, shall the cum be less than two and one-half cents (2i¢), nor provided. and for and in con., to pa eipt of which sum is hereby a wle �aore than four cents (4$) per a Are foe per year. (c) or the last two and one-half years of said lease a sum to be mutually agreed upon by Lessor and Lessee at o' before the expiration of the first two -and one-half year pod of $aid lease, but in no event shell the s4 be less than the sum o and .one -hell year tot per year. he leased premises the purpose of con- ing thereon a wholesale lumber yard and for ge and wholesaling oP shook, and any and ell or related uses, and for noher purpose whatsover determined for the a foresaid f: nor more than five cents ( The Leasr shell be used only and ex©lu ducting the ass Inc idents vely without the c naent of the Lessor evidenced by resolut:or_ first had and obtained. Fourth: The Lessee agrees that any and all additions made en the leased premises shall conform to all building and zoning regu- lations and all other laws of the State of California, the County of San Diego and the City of National City, and Lessee further agrees that all expenses of any and all alterations shall be at the Lessee's sole expense. The Lessee further agrees that all plans and specifi- cations shall be submitted to Lessor for its approval in writing be- fore commencing any addition or alteration on said leased premises. The Lessee further agrees that he will at a times save the Lessor free and harmless and indemnify it against all claims for labor or materials furnished for o in connection with any and all work, change or improvements in or upon the leased premises. Fifth: 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 at his sole expense, and that the Lessor situ not at any time be required to make any improvements or repairs mhat- soever. The Lessor shall at all times during business hours have the right to enter upon and inspect the said premises. Wail: It is mutually r:reed that any installation or improve - meats of' any kind placed on the leased premises by Lessee shall be and remain the property of Lessee and that lessee shall have the right to remove any swh installation or improvements at any time prior to the expiration of the term of this lease or the Boomer ter- mination thereof; provided further that if any installation er ia- provement shall not be removed on or before the expiration •f the term of this lease or the sooner termination, thereof the Lessor shall have the right to remove and: or sell and/or destroy the same at the expense of the Lessee and the Lessee thereby agrees to pay t! Lester the reasonable oost of any such removal sale er des rmetiem, and 3 provided further that the Lessor shall have the option to retain any or all of said installations or improvements if not removed by Lessee as aforesaid, in the event the Lessor elects to retain any such in- stallations or improvements as herein provided, the title to same shall immediately vest in Lessor without any claim or demand whatso- ever by Lessee; that in the event Lessor retains less than all of the installations and improvements the aforesaid portion of this paragraph pertaining to the removal, selling o:: destruction of the remaining property s apply, Beven `4,he hessee : g •ees to pay before delinquency all tales and assessments assessed or levied upon the Lessee or the leased s, appliances or other improvements of any nature g tecev r er cted., installed or maintained by Lessee or by reason ofactivities of Lessee upon or in ati , 4--i+tz v,rae said leased premise: and to pay any fees im- cr permits for any business or activities eased prises ar under this lease, and to r anl, all charges for utilities at er en premises by reason posed by law for icen of the Lessee uponht pay before delinquency the leased premises, The L a assignthe whole or any part of this lease or :ny i t:erest therein, nor to sublease the whole or any part of the leased presses, not to permit the ooen- pancy of a. y part thereof by any other person, without the consent of Lesser 9 sTidenced by resolution first had and obtained. Lessee further agrees that whole or part ianment, voluntary or involuntary, in lease or of any interest therein, and ne sublease of ehe °► =ole or and 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 witbet the consent_ of Lessor evidenced by resaltion first had and obtained. Ninth}: 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 immediately cease and terminate unless the cause of said bankru; be removed within Tenth: The Le; and employees shall not be goods, properties ty insolvency or assignment or judicial sale t, days from the date thereof. gees that the Lessor, 'its agents, officers ner be held liable for any damage to the etv of tde .Lessee or any of the Lessee's representatives, agents, employees, guests, licensees,invitees, or of any other person wia.tsoevee to them, or any of them vhethe or omission of ?any leased premises. free and harmless employees against expenses incurred therefor. Lessee his fault, to any of the Tio any one or' more o The Lessee the Lessor n_or for personal injuries to or deaths caused by or resulting fress any act arm any defect in. any part of the ether agrees to indemnify and save .r and its au.tw or >z agents, officers and any of the fcregothg liabilities and any costs and by the Lessor on account of any claim or claims that should Les be made a party, without brought by sr agatnst Lessee, or bs+sause efusai by Lessee to perform or observe the co 'e t.s part, or s io .+.d Lessor .b ;c to enforce the psymer servanca of any of the part of Lessee; or to any part thereof, the: covets er nditi ono of this lease en his ley an attorney or agent g' sr o e the performance sr ob- ns of this lease en the ecover possession of the leased premises er and each rod every sums instable', Lessee will pay the amounts reasonably inearr$d or expended by Lesser, eluding a reasonable fee to sus* *geld aswor atterl4, and the expense of preparing and serving any notice or demand required or permitted by law; and that the same will be so paid upon demand, or may be included as a part of the judgment in any action or proceed- ing then brought or pending, or in any separate action brought for that purpose. In the event a declaratory relief action should be filed in which the Lessor and Lessee are parties and in which this lease would be involved, the court shall on final judgment award to the prevailing or successful party reasonable attorneys' fees. Eleventh: The 'Lessee agrees to take out public liability in- surance with an insurance carrier satisfactory to Lessor to protect against loss from liability imposed by law for damages on account of resulting therefrom, suffered or al - son or persons whatsoever resulting or activities of the Lessee or bodily injury, including death leged to be suffered by any per directly or indirectly from any any person acting for him or under his control or direction, or any person authorize by him to use the leased premises, and also to pro- tect 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 an persons, act - control or direction, or any person authoris- ing for him or under his ed by him to use the lease Such public liability maintained lease in amounts of not less in full force and (425,000.00) for one (1) less than Fifty Thousand person injured in one (1) accident, and in the amount of not less than Twenty Thousand Dollars 420,000.00) with respect to any property damage aforesaid. premises. nd property damege insurance shall be effect during the entire term of this than Twenty-five Thousand Dollars person inpared in one (1) accident, and nat Dollars (450,000.00) for more than one (i Copies of each of the foregoing policies shall be filed with the City Clerk of 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. Provision of this paragraph as to maintenance of insurance any way the extent to which the shall not be Lessee may be held r es on=lbie for the payment of damages to persons from his activities or the activities of any which he is otherwise responsible. magi llY understood and agreed that if any de - rental herein provided, or in the construed as limiting or property resulting person or persons for Twelfth: 1t i fault be made in tg�e performance of the covefa such defaul notice -thereof, th be ..w a :, car Lessor sna minute this lease; and that shall have no fu forthwith remove claim thereto, a recourse to the courts have the sion of the leased premises, conditions or agreements hereof, and d within ;, (1G) days after written :t1 on to immediately ter- termination the Lessee Aave the in event of s hereunder and the �°iaht said premises and s ail Lessee shall thereupon have no further right or said Lessor shall immediately thereupon Without Trim` tee the it is m the term of this lease, or any under shall interfere w ward of the bulkhead Ii and fisheries, or in any which the shall have the ri3 notice and the pa th the idelands are held from o terminate this lease upon one (1) year's to Lessee of reasonable compensation, which re-enter and take the posses- uaiiy agreed that if at any time during extension thereof, The. tenancy here - use of any of the tidelands lying bay - now established for navigation, commerce manner inconsistent with the trust under the State of California, the Lessor 7 shall be based solely upon and limited to compensation for the cost to Lessee of removing such buildings and other improvements as may have been placed on the leased premise by the Lessee under the per- mission given by the terms of this lease. Lessor hereby agrees to hold Lessee harmless from any legal claim for rent, taxes, or tres- pass in or upon the herein leased premises arising from or out of the use of the said premises and asserted. by The United States Government acting through any of its branches. Fourteenth: It is right to reed that Lessor reserves the c^ improvements for the development of the facilities of the Bay for the purposes of naviga :ion, commerce and fisheries at such time and in such manner as maybe provided in any general plans of harbor improvement adopted tee Council of Lessor, and that the Lessee will remove any structures or buildings placed or erected on said leased premises by Lessee as shall interfere with carrying out the adopted plan in any way whatsoever, at its own cost and expense, and without any claim or right to damages or compensation therefor; provided, only that Lessee shall not be disturbed in the possession and use of said premises to any degree than is necessary in the carrying out and completion of any such general plan of improve- ment. ing: Fifteenth: That there is hereby reserved by Lessor the follow - The exclusive right to use and control, without inter- ference or obstruction of any kind whatsoever, the rail- road spur track an the premises herein leased, together With reasonable rights of access to either or both sides of said track for the aforesaid purposes. That the aforesaid rights are hereby reserved to Lessor and its employees, to all other lessees of the Lessor as said Lessor mey designate, and to such other persons as said Lessor may designate. That the City Council of Lessor shall have the right to designate the time and the man- ner in which the spur track may be used and in the event of any dispute whatsoever, the City Council shall desig- nate the time and the manner which interested parties may use said track, and all decisions and all designations - 8 by the City Council shall be conclusive and final, subject, however, to the right of the City Council to amend, alter or change said. decision and designa- tion as it deems proper. Provided however, that this paragraph "fifteenth" shall have no force or effect unless or until Lessor obtains control or possession of the ;:remises lying immediately west of the afore- said spur track or unless or until the United States Government, acting through any sf its branches, makes demand on Lessor to use th,o said track; and provided further that notwithstanding anything, to the contrary graph contained, in the event Lessor ob- ossession of the aforesaid premises st of the aforesaid spur track, apportion the use of the said Lessee and the occupants of ty ,; r other persons as may in this s Lairs coot lying immedis Lessor shall reaaso?labJ,. ases�, r spur track between the last mentioned be designated " Lessor. Sixteenth: The all rights given he`eu now ex .steng or heretofore rights of ed by Lessor in, to or over the leased premises for any purpose what- , : all ,= :;u�v; soever. a gr or ees that tnis lease and to all easements and herein granted or reserv- SeventeThe Lessee agrees ta`iat upon the termination of this lease by the expiration thereof u: the earlier termination as by will peaceably yield up le thereof in as good the terms of this lease providedc'_, the l and surrender the leased premises and condition, subject, to normal and ordinary change suiting from the use of such may be at the time the Lessee takes possession thereof and to allow the Lessor to take peaceably possession thereof, and further said of all debris, surplus and/or and alteration re • premises as herein_ provided as the same premises shall be left by Lessee free salvage material, ig.teenthL. It is mutually agreed that if the Lessee shall :e expiration of this lease for any cause, such be ed, to Aenancy from ova month to month only, at equal to one -twelfth (1/12) of the annual to said expiration, payable in ad- itions and provisions of this hold over after holding over shall be deem a monthly rental of a sun rent payment due immediately prl_ vance and upon the same tom 1,1 a lease as may be in effect during the _last renewal term provided, for herein, unlesr, other terms conditions and provisions be agreed upon in writing by the Lessor and the Lessee. Nineteenth: It is mutually agreed that any waiver by the Lessor of any breach of any one or more of the covenants, conditions or agreements -f this lease shall not be construed to be a waiver of any subseouent or other broach of the condition or agreement of this lease, same or any other covenant, nor shell any failure on the part of the Lessor to reuire or exact full and complete compliance with any of toe covenants, conditions or agreements of this lease be. construed as in any manncr changing tne terms hereof 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 egreemert of the Lessor and. the Lessee. Twentlgth: Notwithstanding anything to the contrary in this lease provided, in the event 4..h• property, or any part thereof, be proven to be the property of the United States Government, or any of its legally constituted branches, then this lease shall become and be null and void, and Lessee shall be entitled to, and Lessor shall return to Lessee any prepaid rental for the remaining term of the premises, or the portion thereof, that Lessee is so compelled to lose possession thereof; it is further agreed that in the event this lease is avoided as herein set forth, Lessee shall have the right to remove any and all buildings and improvements erected or installed thereon by Lessee. That except as herein provided Lessee shall not make, nor shall it be allowed any claim or demand against Lessor for any damage whatsoever arising from or out of the avoidance of this lease as afore- said. That in the event the premises herein leased are taken by any agency having the power and authority to condemn, then this lease shall become and be null and void; It is further provided that in the - 10- event said premises are taken as aforesaid, in whole or in part, or the use or possession interfered with in any manner whatsoever by the aforesaid condemning party, the Lessee herein specifically waives any and all claim to share in any award and further waives any and all claims that he may now have or may hereafter have against Lessor taking of the premises or interference of the use arising out of th as aforesaid. Zri-qa..11 The in connection with the lea eluding the•making of any machines and other of any Lessee agrees sed premises alterations improvements, to all rules, regulations and ordinances cable laws of the State of California as any of the same may now exist or be hereafter o provided for by Lessee may be given or served by Lessee at 4200 Bandini Boulevard, in the United States mail, Lessee or any Person such notice; and that any notice or by law to be served upon the Lessor that in all activities on or and in all uses thereof, in - or Changes and the installation he will abide by and conform of said City and any appli- promulgated aT amended - it is mutually agreed that any notice or notices this leaseor by law to be given or served upon the addressed to the California,deposited personally upon the said hereafter authorised by him in writing to receive notices provided by this lease or may be given or served by register- k or other duly authorized repre- registered letter Los Angeles, 23, may be 1 tt r addressedto. the City Cle ed e e sentative of Lessor, and as prOvided herein shall upon the parties so served. lyenIym:third: 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 sball inure to the benefit of and be binding up the parties hereto and any successors of the lease as fully and. to the same extent as though specifically mentioned in each instance, served that any notice or notices given or served be effectual and binding for all purposes -11- 16. the lease, by the ¥a: to be exeou TARTER BY d ions .and' any assigns 9 the City has d City, and the Lesae he day and year first r8aN, S Leases sn BY ATTE cued the as caused this reinabave writts . iTi bP NATIORAL CI Y Lessor c-4.1 17. t•-• •• 0 -:::' 5) 0 4.4. 0 1,-..,. 0 c+ f-') 17"' 1-'-c-i- >"--,,,, cl- %.,,-) ci• ,--45 rf ,T.,74 C.s; ;.-..`, C,),--.. :::i mu' Cr/ ;......5-t: 1' ‘it't.s.; (..:.:-,.,' C)5 0.,i.,".":„!. ,..;,,..2,--3„ C..::: ,---sti,,„,.„, . 0 t./ 0 CI- t..._ 0 .v.•.V. 0 '''') ';5' Vir' r'.',i' i-4 cj..!--', .7":"' a..., -. :ri (1) 'Ct rs 0,1 til t-4 r-,1-'1.--?D2, `,-.:—.1-1,,7)::-' —.cr..: " t.-5, 0 ci-, 0 7.7` 0 i.-'. ,-*• 0 ,'..17 (-;= 1"--- 0 t'o 'r•--'• V.--.' i'.".3' il it-'• ril ::: ri- i-....- et- .C;.;.) 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