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HomeMy WebLinkAboutCC RESO 6478RESOLUTION NO. 6478. BE IT RESOLVED by the City Council of the City of National City, California, as follows: The proposed lease to become effective on Septenber 1, 1955, by and between the National Dry Kiln and Processing Company and City of National City, a copy of which is hereto attached, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same for and on behalf of the City of National City. Passed and adopted on the S day of 1955. iviayo r est: City Clerk LEASE THIS LEASE made and entered into in triplicate as of the 25th day of August, 1955, by and between THE CITY OF MATIuNAL CITY, a municipal corporation, hereinafter called the "Lessor", and THE NATIONAL DRY KILN AND PROCESSING COMM!, a California corporation, hereinafter called the "Lessee", WITNESSETH: That the lessor, for the consideration hereinafter set forth, hereby' leases to the lessee for the term ana upon the conditions hereinafter set forth, those certain ?.ands bordering on"idelands avenue in the City of National City, County of San Diego, State of California which said lands are more particularly described as follows, to wit: Commencing at a point No. 41 of the Mean High Tide Line as shown on Miscellaneous Mar No. 219 on file in the Recorders Office of San Diego County, California; thence 10°03'14 " East along said Mean High Tide Line a distance of 3LiO.76 feet; thence South 83°25'05" West 75.15 feet to the point of oeginning; thence continuing South 83°25'05" West 591.99 feet; thence South 6°31043" East 188.58 feet; thence North 83°25'44" East 477.42 feet to a point, thence north- easterly along the arc of a circle of radius of 383 feet whose center bears North 6 34'16" West 383 feet distant from said point, a distance of 59.81 feet; thence leaving said arc North 10°03'44" East 192.07 feet to the point of beginning. TO HAVE AND TO HOLE SAID LEASED PREMISES FOR THE TERM OF THIS J.FASE AND UPON THE CONDITIONS AS FOLLOWS: t: The term of this lease shall be for five (5) years, commencing on the 1st day of September, 1955, and ending on the 31st day of August, 1960, unless sooner terminated as herein provided. Second: Lessee agrees to pay Lessor as rent for said premises a sum calculated and determined on the basis of Two and One-half Cents (2i0) per square foot per year, which sum shall be divided into twelve (12) equal parts, and shall be payable monthly in advance on or before the 10th day of each month during the term of this lease. Third: Lessee shall have an option to renew this lease for an additional term of five (5) years, at a rental calculated and determined upon the basis of not less than Two and One-half Cents ei4) per square foot per year, and not more than Three Cents (3¢) per square foot per year, the exact rent to be determined by mutual agreement of the parties, provided however, that the lessee shall notify the lessor of its intention to exercise said option at least sixty (60) days before the expiration of the term herein provided. Thereafter lessee shall have an option to renew this lease for a second additional period of five (5) years, at a rental calculated and determined on the basis of not less than Two and One-half Cents (2) Per sgaare foot, and not more than Three and One-half Cents (3 0) per square foot per year, the exact rent to be deterr:ined by mutual agreement of the parties, provided however, that lessee shall notify lessor of its intention to exercise said additional option not later than Sixty (60) days before the expiration of the first option period herein provided. Upon exercise of either of said options, this lease shall continue in full force and effect, inaccordance with all of the terms and conditions hereof, except the right of further renewal. Fourth: The lessee agrees that the leased premises shall be used only and exclusively for the manufacture of, processing of or sale of industrial chemicals and the storing and loading of building materials and for other purposes incidental to the operation of such business and for no other purposes 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 is- provements in or upon the leased premises. Sixth: It is mutually agreed that the lessee shall keep and maintain the leased premises and all improvements or any kind which maybe erected, installed, or made 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 repairs whatsoever. The lessor shall at all times 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 on 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 re- moval 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 expiration of said sixty (60) days from the termination of this lease, the same shall thereupon. become the property of the lessor. Eighth: 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 an 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, evidenced by resolution first had and obtained. 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. Tenth: It is mutually agreed that in the event that lessee. is adjudicated bankrupt or insolvent or makes any assignment for the benefit of creditor's, or in the event of any judicial sale of the lessee's interest endear this lease, this lease shall at the option of the lessee immediately terminate and all rights of the lessee hereumdsr shall inninttntar 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 damage to the goods, properties or effects of the lessee or any of the lessee's representatives, agents, employees, guests, licenses, invitees, or of any other person what- soever, 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 harmlessthe lessor and its authorised agents, officers and employees against any of the foregoing 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 byany person or persons whatsoever resulting directly or in irectly from any act or activities of the lessee or.. any person acting for it or under its control or direction, or any person authorised by it to use the leased premises, and also to protect against lose 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 ender its control or direction, or any person authorised 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 $100,000.00 for one person injured in one accident, and not less than $300,000.00 for more than one person injured in one accident, and in the amount of not less than $25,000.00 with respect to any property damage aforesaid. Lessee agrees to pay the entire premium doe for maintaining such insurance in effect. -h- 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 pavrrent of damages to persons or property resulting from its activities or the activities of any person or persons for which it 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 cared 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 and the whole thereof, in as good condition, subject to normal and ordinary change and alteraction resulting free the use of such premisesat herein provided, as the same may be at the time the lessee takes possession thereof and to allow the lessor to take peaceably possession thereof. Fifteenth: It is mutually agreed that if the lessee shall hold over after the czpiretion of this lease for any cause, such holding ever stall be deemed to tenency from month to month only, at the same rental per =nth and upon the same terms, coalitions and provisions of this leas as spay be is effect during the last renewal term provided for herein, =Less ether tsr 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 tr:e 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 term hereof or to stop the lessor from enforcing the full provisions hereof, nor shall the terms or 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 he will abide by, and conform fie all rules, regulations 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 mail, or may be served personally upon the said lessee or any person here- after authorized by it in writing to receive such notice; and that any motiem or notices provided by this lease or by law to be served upon the lessor Amy be given or served by registered letter addressed to the City Manager or his duly authorized representative, 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, stipulations and agreements in this lease shall extend to and bind any assigns or sub- lessen 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 or 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 paragraph 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: That there is hereby reserved by Lessor the following: 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 shallhave the right to use said spur track but that such right shall not be exclusive; and that lessen, hereby reserves control of the sane in order to wake certain that the right of lessor and other leaseholders of City of National City Tidelands to use said spur track shall be preserved. TN WITNESS WHEKEOF, the City has executed the foregoing lease by the Mayor of said City and the lessee has caused this lease to be executed the day and year first hereinabove written. ATT / CITY CLERK of the CITY OF NATIONAL CITY, California CITY uF NATIONAL CITY, a Municipal Corporation, by THE NATIONAL DR. ►" . Y ,' YRL CF$SING 110., Seal