HomeMy WebLinkAboutCC RESO 6408RESOLUTION NO. 6408
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
AS FOLLOWS:
The assignment of that certain lease made and
executed on the 6th day of January, 1953,for
parcels 2-A-3 and 2-A-4 of National City tidelands,
by National Plating & Processing Co., a corporation,
to SMALL BUSINESS ADMINISTRATION, an agency duly
created under and by virtue of an Act of Congress,
is hereby approved,and City of National City hereby
consents to such assignment.
The assignment of a lease for a certain portion of
Parcel 2 of National City tidelands (said portion being
more particularly described in that certain lease made
the llth day of July, 1951, by and between City of
National City and Albert E. Heflin, doing business as
National Plating & Manufacturing Company, to which
reference is hereby made, ) to SMALL BUSINESS
ADMINISTRATION, an agency duly created under and by
virtue of an Act of Congress, is hereby approved,and
City of National City hereby consents to such assignment.
Those certain "Lessor's Agreements", copies of which
are hereto attached, dated May 5, 1955, providing for
assignment of said leasesare hereby accepted and
approved,and the Mayor is authorized to execute the same
for and on behalf of National City.
PASSED and ADOPTEDy the City -Council of the City of National City,
California, this / 7 day of 1955.
ATT T:� Mayor of the City of ational City,
California
City Clerk
LA-SBA-5
LESSOR'S AGREEMENT
WHEREAS NATIONAL PLATING AND PROCESSING CO.,
a corporation
(hereinafter called "Lessee") is presently the occupant of the premises here-
inafter described, which premises are owned by The City of National City,
a municipal corporation
of National City County of
Diego
State of California , (hereinafter called and
,
WHEREAS, SMALL BUSINESS ADMINISTRATION, an Agency duly created under
and by virtue of an Act of Congress, having its Principal Office in Washington,
in the District of Columbia, and, a Regional Office at 1031 South Broadway,
Los Angeles 157 California (hereinafter called "Lender"), proposes to make a
loan to Lessee evidenced by a Promissory Note or Notes and secured by a Chattel
Mortgage covering certain personal property on the premises described below
and other instruments including an assignment of the herein described lease
by way of security for said loan; and
WHEREAS, Lender is unwilling to make such. loan to Lessee unless and
until Lessor executes this Agreement with respect to Lessee's present and
future occupancy of said premises.
NOW, THEREFORE, in order to induce Lender to make the proposed loan
to Lessee, Lessor hereby certifies to Lender and agrees with. Lessee and Lender
as follows:
1. Certifies to Lender that Lessee is presently in lawful possession
as the Lessee of the premises described below by virtue of a lease by and between
The City of National City, a municipal corporation, Lessor, and Albert E. Heflin,
dba National Plating and Manufacturing Company, Lessee, dated July 11, 1951, which
lease was assigned to National Plating and Processing Co,, a corporation on
April 27, 1955 (said lease being_her_eina n ,fis,t- d_t �� L,e P_�F
j Lessee, pursuant to the aforesaid Lease, are described as
1440 Tidelands Avenue, National City, California
and that the terms of said lease are generally as follows:
Commencing July 11, 1951 and ending July 10, 1956, with option to extend an
additional five years at the expiration of the term at a rental of two cents
per square foot per year.
3. Certifies to Lender that Lessee is not in default under any
terms of the aforesaid Lease, or any other conditions relative to Lessee's
occupancy of the above premises,
4. Certifies to Lender that Lessor has full power and authority to
enter into this Agreement and that Lessor has title to the aforesaid premises
or such property rights therein as to make effective the vesting in Lessee
of rights with respect to such premises in accordance with the terms of the
Lease and this Agreement.
present or future assignment to Lender of Lessee's
in the aforesaid Lease, or any extension thereof,
agreements relative to Lessee's occupancy of said
necessary to any such assignment to Lende
gether with Lessor's consent to
assignee of such right, t'
assignment by Le
extensio
other
rest
ocuments or
ses is required for or
consent is hereby given to-
ssignment by Lender to any reputable
and interest, and agrees that upon any such re-
, all liability and obligation of Lender under such Lease,
document or agreement, if any such liability there may be,
right, title an
or
any o
LA-SBA-5
5. *. Agrees with Lender that should the Lessee default in the
aforesaid loan so that the Lender proposes to foreclose or otherwisexealise
upon collateral securing the aforesaid loan, or in the event of the termina-
tion of Lessee's rights to occupy the said premises for air reason, Lender
Weill have the following rights:
(a) The right to enter upon the said prendsea, without further
consent on the part of Lessor and without attorning to Lessor or otherwise
assuming responsibility for rental or other obligation/ in connection with
the Lease or occupancy of the said premises, for the purpose of enforcing
itslien
iee' upon the personal property of Lessee, including the foreclosure and
sleool .buildings, machinery, equipment, furniture, fixtures or other
Property, title to which is in Lessee and not in Lessor and for the
urpose of removing such buildings, machinery, equipment, furniture, fixtures
cr otherpersonal
Q�property of Lessee; and
(b) The right, upon such entry, to retain possession of said prem-
ises for such time as shall be required by Lender to effect a complete removal
or complete disposition of the said personal property of Lessee, but such
duration of possession shall in no event exceed a period of ninety (90) ors
from the date of such entry, and for such possession Lender shall be liable
for and shall pay to Lessor a rental equivalent to the rental provided in
the Lease (or at the rate last paid by Lessee prior to such entry in event
said Lease has been terminated); and
(c) The right, at Lender's election, upon written notice to Lessor
by Lender to assume full possession of the said premises under the terms of
the Lease and thereupon to enjoy all the rights of Lessee under said Lease
by attorning to Lessor for rentals to become due under said Lease; upon any
reassignment by Lender of its interest under said Lease, any such liability
yand obligation so assumed by Lender thereunder shall thereupon forthwith
erminate.
6.10[ Agreesrwith Lessee and Lender that in the event of any default
by Leaeee under the Lease or any proposed termination thereof by Lessee or
Lessor, Lessor will not terminate the Lease or take any action to enforce
30 any claim with respect thereto unless and until Lender has been given
mimmIng
(30) days prior written notice thereof and Lender shall have the right to tlitl`ty
cure any default of Lessee within such period.
of said Promissory Note or Notes and to all debt or indebt-•., y:
such Note or Notes on any instrument of= ed by
to secure such Note or Notes, eve _ hypothec- collateral executedn
and every right of Lasso _ ,_ � & " and interest of Lessor on,
an sevr right tute any proceedings to establish any lien
- or all of the property hypothecated as collateral to
7.1L This agreement shall be binding on the parties hereto, their
successors, heirs and assigns.
EXECUTED AT National Cit California day of Mav , this 5th
az CITY OF NATIONAL CITY
(Lessor)
The undersigned hereby consent(s) to the above agreement and agree(s)
to be bound thereby this h
5"tday of � , 1955
N6TTCSA seasenri eta PRmF ti.
2
LA-SBA-5
LESSOR'S AGREEMENT
WHEREAS NATIONAL PLATING AND PROCESSING CO,.
a corporation
(hereinafter called "Lessee") is presently the occupant of the' premises here-
inafter described, which premises are owned by The City of National City.
a municipal corporation
of National City , County of San Diego
State of California , (hereinafter called "Lessor"); and
WHEREAS, SMALL BUSINESS ADMINISTRATION, an Agency duly created under
and by virtue of an Act of Congress, having its Principal Office in Washington,
in the District of Columbia, and a Regional Office at 1031 South Broadway,
Los Angeles 15, California (hereinafter called "Lender"), proposes to make a
loan to Lessee evidenced by a Promissory Note or Notes and secured by a Chattel
Mortgage covering certain personal property on the premises described below
and other instruments including an assignment of the herein described lease
by way of security for said loan; and
WHEREAS, Lender is unwilling to make such loan to Lessee unless and
until Lessor executes this Agreement with respect to Lessee's present and
future occupancy of said premises.
NOW, THEREFORE, in order to induce Lender to make the proposed loan
to Lessee, Lessor hereby certifies to Lender and agrees with Lessee and Lender
1. Certifies to Lender that Lessee is presently in lawful possession
as the Lessee of the premises described below by virtue of a lease by and between'
The City of National City, a municipal corporation, Lessor, and Albert E. Heflin,
dba National Plating and Manufacturing Company, Lessee, dated January.6, 1953,
which lease was assigned to National Plating and•Processiag'Co., a corporation,
on April 27, 1955 (said lease being hereinafter called the "Lease"),
1440 Tidelands Avenue, National City, California
and that the terms of said lease are generally as follow€;7:
Commencing January 1, 1953 and ending July 10, 1956 with option to extend for
an additional five years at the expiration of the term at a rental of 2 1/2 cents
per sq. ft. per year.
3. Certifies to Lender that Lessee is not in default under any
terms of the aforesaid Lease, or any other conditions relative to Lessee's
occupancy of the above premises.
4. Certifies to Lender that Lessor has full power and authority to
enter into thL;; Agreement and that Lessor has title to the aforesaid premise or such property rights therein as to make effective the vesting in Lessee
of rights with respect to such premises in accordance with the terms of the
Lease and this Agreement.
present or future assignment to Lender of Lessee's right, title . erest
in the aforesaid Lease, or any extension thereof, or an documents or
agreements relative to Lessee's occupancy of saimises is required for or
necessary to any such assignment to Lend- ch consent is hereby given to-
gether with Lessor's consent to assignment by Lender to any reputable
assignee of such right, - and interest, and agrees that upon any such as -
assignment by Le.•
all liability and obligation of Lender under such Lease,
extensioother document or agreement, if any such liability there may be,
LA-SBA-5
5. Agrees with Lender that should the Lessee default in the
aforesaid loan so that the Lender proposes to foreclose or otherwise realize
upon collateral securing the aforesaid loan, or in the event of the termina-
tion of Lessee's rights to occupy the said premises for any reason, Lender
shall have the following rights:
(a) The right to enter upon the said premises, without further
consent on the part of Lessor and without attorning to Lessor or otherwise
assuming responsibility for rental or other obligations in connection with
the Lease or occupancy of the said premises, for the purpose of enforcing
its lien upon the personal property of Lessee, including the foreclosure and
sale of anycbui;_dings, machinery, equipment, furniture, fixtures or other
personal property, title to which is in Lessee and not in Lessor and for the
Purpose of removing such buildings, machinery, equipment, furniture, fixtures
cr other personal property of Lessee; and
(b) The right, upon such entry, to retain possession of said prem-
ises for such time as shA11 be required by Lender to effect a complete removal
or complete disposition of the said personal property of Lessee, but such
Duration of possession shall in no event exceed a period of ninety (90) days
from the date of such entry, and for such possession Lender shall be liable
for and shall pay to Lessor a rental equivalent to the rental provided in
ibe Lease (or at the rate last paid by Lessee prior to such entry in event
said Lease has been terminated); and
(c) The right, at Lender's election, upon written notice to Lessor
by Lender to assurLe full possession of the said premises under the terms of
the Lease and thereupon to enjoy all the rights of Lessee under said Lease
by attorning to Lessor for rentals to become due under said Lease; upon any
reassignment by Lender of its interest under said Lease, any such liability
and obligation so assumed by Lender thereunder shall thereupon forthwith
terminate. .
6. �C Agrees.iwith Lessee and. Lender that in the event of any default
by Lessee under the Lease or any proposed termination thereof by Lessee or
Lessor, Lessor will not terminate the Lease or take
aey any claim with respect thereto unless and until Lender hastbeentgivveenogle
(30) Om) days prior written notice thereof and Lender shall s! thirty
cure any default of Lessee.within such have the right to
period.
of said Promissory Note or Notes and to all debt or indebt .. such Note or Notes on any instrument of hypothee_ by
to secure such Note or Notes, ever collateral executed
and every right of Lesso a and interest of Lessor on,
•�- tute any proceedings to establish
ar, claim or all of the property any lien
D Pe y hypothecated as collateral to
1• 1114 This agreement shall be binding on the parties hereto, their
successors, heirs and assigns.
EXECUTED AT National City, California
dal of
, this 5th
(Lessor)
The undersigned hereby consent(s) to the above to be bound thereby this 5th - day of to and agree(e )
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