HomeMy WebLinkAboutCC RESO 4658RESOLUTION NO. 4658
BE IT RESOLVED by the City Council of the City of
National City, California, that Mayor Gilbert E. Fritz,
on behalf of the City of National City, is hereby author-
ized to enter into an agreement with the Faiman Company,
Inc., for the rental of tidelands at $0.03 per square foot,
per year, and described as follows:
Beginning at the sW corner of the A. T. & S. F.
Ry. "Y" right of way located on the National
City tidelands; thence southerly on a line ex-
tended from the W. boundary of said right of
way 50 feet to a point of beginning; thence at
right angles easterly 82.501; thence at right
angles S 150T; thence at right angles iN 1701 to
the bulkhead line; thence at right angles along
said bulkhead line N 1501; thence at right
angles E 87.50' to the point of beginning.
PASSED AND ADOPTED by the City Council of the City of National City, California, this 20th
day of
April
AYES: Councilmen
191.1.8 , by the following vote, to -wit:
Adams,. Cordinglyi Newberry, Thatcher, Fritz
NAYS:
Councilmen None
ABSENT:
ATTEST:
Clerk.
Mayor of the City of National i y, Cali
r Resolution } this 2Qtkl..day of a�Il 198--
I hereby approve the foregoing jl e�
Mayor of the City of National Cali'• nia.
Resolution I No
I hereby certify that the above and foregoing is a full and true copy of Ordinance
Resolutions
of the Ordinances
} of the City of National City, California, as adopted by the City Council of said
City, and approved by the Mayor of said City, on the day of
19
City Clerk of the City of National City, California.
Deputy
../.••• 7
•
,n_ .._
made and entered it Wo this /'//#
1 8 by and between i.7_TTLNAL CITY, a Municipal Co Pora.tiofl,
rei fl ft referred to as The Ci t+,'f and Gam_ .,___ cc_ l.e"' }
3(17 fl€' �O `
1(24,4/31
property:
to
hereinafter referredas
ll_
VL Vv
Deu1
es to the Lessee the fo
F/9//e,cm/ cy
he Lessee.
follows:
REED ��S a
owing described
the Southwesterly corner of
n p F R- I'Y�' _ g t of way located
the ti. l.CC:J. i'• _�S•--�'-c%-'7-
on -h �' _al City tidelands; thence southerly
y
1e i:Va .Lo!. .L V! :rj.
an a line extended from the westerl
bounda
of said right oT ray 50 feet v to a point o±
vet `
ing;
.50 fee
thence at rig
thence at right angles easterly
tp ence at r i ht angles soy they
leS w8s t,erRT
v
1 70 feet to the bulkhead line; thence
1� 7'a_ghangles along said bulkhead line
eriy 150 feet; thence at right arces
at
north-
east-
erly 8 .'50 feet to the point o is beginning.
monthtenancy for a Period of 6o days from. date.
•
on a month to �..�.�.
2. Lessee agrees to pay The City, the sum of 130.00, as
r ent
of said property for said 60 days. If Lessee remains
in possession of said property for more than•60 days, then, he
shall pay vp85.00 Jer month for each ?month there after. Said
rent is due and _
ble on the ifhk day of each and every month,
time being of the essence.
Page 1.
3. The City shall not be called upon to improve or repair
said property or to supply any utilities or sewerage facilities
to the same and Lessee covenants that he has inspected said
Property and accepts the same in its Present condition.
4. This agreement may be terminated by The City, by giving
Lessee thirty (30) days notice of termination.
5. Lessee agrees that said property shall not be damaged
or injured and that upon termination of this agreement the
Property including all water area shall be returned to the City
free and c:ear of all debris, wood, scraps, metal, oil or wastes
of whatever nature. That Lessee shal] not place, cause or allowed
to be placed on the orcDerty or on or in the water, subject of
this lease or adjacent to the leased oroperty, any oils or
refuse or waste materials of any kind or nature.
6. The property and adjacent water shall be subject to
inspection by The Cityor its representatives at all times, and
both parties agree that it is impossible to fix or ascertain
damages for a violation of the condition and covenants of this
paragraph, and agree that Lessee shall Pay to City $500.00 as
liquidated damages for a breach of any covenant or condition of
this paragraph, it being agreed by the parties hereto that it
is and would be extremely difficult and impracticable to fix the
actual damane. The City shall be the sole and exclusive judge
as to whether any condition or covenant of this paragraph is
breached by the Lessee.
- •
7. Lessee agrees to supply and furnish to City a bond
executed br a rel-iabie u
Suretvy Company 4 oNa.nr, or ,OCC.00 or two (2)
good and sufficient Sureties i_Z the sum of 'is000.00:eaci, in-
demmnifying City .'or any each of this agreement e ment, or in lieu
of said bond, to de.>osit ' ,000.o0 with said City for the same
purposeo
3. IY`; the event that Eminent proceedings
D0nain are
stituted b`r,. any agency authorized so to do, to conde'n'n the
property st_bject to ti_±s ;-ease, thee±, this Lease shall become
null and vcid i_n ediate the moos -1 1.i,`Ig Eminent of
said k�L;.�rien Domain
proceedings.
u
.
That
t said Lessee agrees and promises that said Premises
shall not be used for any illegal p
;7 _ us p^,Je Cr PJl'-r?CJ aeS during the
term of this lease a _d that 'an will not permit e mi =
y u or suffer any
Dart of said Premises to be used for any illegal purposes; that
he will in all respects comply t
ta'_-!. the laws o" the United
States, and the State of California, and County and City ordinances
so far as they effect the use and N
occu`i �.c_iiCy of said PremiSBS.
10. Tha U paid City seal _R e
J a.,fe �s.,. r gn�� o.Y r,Lfielfi Cr
his agent, at all reasonable ,,mes during the continuance hereof
to enter upon _d Pre t.
said �ses Uo see � hat proper care is
thereof,
her eo or to show the same - y i
i.0 2 toYt ,_.j tending purchaser.
--. ThEt Lessee saiI pay any and a
axes
levied Cr
assessed on persona? Proowned by Lessee on said re
a'e ?.
12. That in case Lessee or either of them shall be adjudged
a bankrupt, either by voluntary or involuntary proceedings, this
Lease shalM at once cease and determine, and the City may re-
enter the demised premises, and in no evert shall this lease be
or become an asset of Lessee's estate in bankruptcy; but if
Lessee
should fail to pay an account payable when due, or fail
in. busines, or make an assignment for the benefit of credit() s
The City may at its optionterminate this lease and -,,,ben so
terminated. by notice in writing, may re-enter the demised
premises; and in no event shall this lease be treated as an asset
eithbr before or after the exercise of said option.
13. If the Lessee shall make default with respect to any.
covenant, agreement or stipulation upon Lessee's part, herein
contained, The City may at its option forthwith, terminate this
lease and re-enter upon said leased Premises and remove al per-
sons therefrom, The waiver by The City of any default on the
part of Lessee shall not be construed as a waiver of any other
or subsequent default; neither shall the termination of this
lease in any manner relieve OT release Lessee from any liability
which may have attached or accrued Prior to or at the time of
such termination, nor from any covenant or obligation of indemnity
or to hold the City harmless or to Pay damages or judgments here-
in centainsdo
Tbat Lessee .shall keen and save harmless The Cityfrom
any suit or claim for damages or injury to persons or property
sustained rpon said premises, or upon the sidewalks or streets
Page
joining the s is e,
said premises
person, _
any cause originating• from
the con ii^uance hereof;
that Lessee shall
obtain and .maintain during the continuance G_� this lease, a
policy cf public Ila. ility and Proper, damn- _ e insurance in the
sum of . ,)✓O OO for property dai'_a_'e, `;_0,000.00 for ':personal
injury to "ane per or and i2O,00oOO
personal in ° .es to
more than ,) e _Jerson'. he all ...-'C.i._._L�.^.s for said asura ce
see,
at Lessee agrees that he will not make or suffer any
1
al t to' e �._pis s withouttheconsent
w_ e;=a:,=cad be made ons=;;....c..?rem e�_written
of e i t.r -,.? further agrees - any and r alterations Y
�a��., �;�. �; , �� a. _ � e�:� o_ �e� tr:_.., all o.:
additions so made, shall conform to all building and zoning 'r'egu—
lations of the State of California, and The City of National City
and+'tee County yof San i e A j.� ttla a sai(? Lessee agrees, that all
�t;.s, .,C �..U�y c._.-. J_ G and
uses
any and all al
tions and/or additions shall be .-.t
that Lessee own Gowneexpense,candtl?L Lessee will not per or
sufferany
c t s 1 a i' e' F liens -� a� y- :-.
tCCt_an'_�., miensG� _.. �c,�:. _._ P .. __ t,_�'iS O_ � �J _ _�aCt
or nature ure to be e_ 'orced against said premises for any work do^e
.,t is f' thereon at Lessee's instance to nc e at t
or _._! i.d'i&.:.. :1'i': �.r s�:�::'d IreSS 1, J .,_ ts, t.,.e or �. ., .:.BS �m
That Lessee agrees to make at hi s own expense, all necessary
repairs Or: said Premises du i'?u t e convi nuc ti on of this lease,.
and keep said premise. in condition, annl _ onip ly re. a -.
all damages thereon; and said Lessee hereby expressly waives a
e a
e
_'epairs on said premises t the el v e'lse of The
der any -Provisions of law or otherwise,
1G/ -hat i .. c.., T` C t '
y ._.c iw 'v a.1i l.0.SB he �1'.,,;i shall ti1'_
r
i OS'-ia iit:. f-3 of
,, gel per
o recover from breach O-r, any ,.'.C'TQ-riB.ily, agreement
Pa n.e
or 'COhditiCn herein written Lessee shall andwill
� pay to
reasonable at ornev r s gees in adz = :ion to the amount of
^uu J--;.l u n �_
,; �G� _f:_c�xl, and/or cos �a recovered by '_e City.
3 This 5
i Jfl y s Lease shall e-r:;± rQ
« _ ,. 60 days from date hereof unl
ess
, ; �ess
-�
renewed by mutual agreement of the pa-4ht; r
ems.
18. r,n_• Lease a?.1 norshall
t he Lessee :3u.C_l et the Property any portion e" o1
or thereof,
19•• This Lease is s;?(J'ac-„ to California constitutional ie-
su rene nus of io:_ _.roe and _a
in said Harbor. The State -
of o ••✓c:. 1: of i!...G s _a nave a L o all s the h t reasonable
�_ _ .`�e .�...�ri� to .. d:>OT�,c. r..lG use
without oh 'Oe of all :`.T air_. j and other
docks, 3 piers ? slips, quays
is 'oveoeY tcons ,ucted on said lands 02 any Part thereof
any water craft owned or operated by the State of Californda.
20 _ a_.' ' 7provements of a n -neat nature or which cannot
_o V ed out
ury to s i're'e ,_o 1 -d, sna1? not be removed
s_'d become the rover
of `--_ S Lease.
EJ
rm
A
dered
Council,
oinC1l9 ._._Jl_...
u� t__� .c.o
addressed
The Ci? upon -:rl c." V 'i+i. na i on.
notices g e e pursuant to this Lease shall be con -
con -same is _ailed v
r J 11iESS 1 t r 'O
rp; c.y_.,
addressed Sed to '�
tO Lessee,
�ac..i
na,
R�i 3 l_a o1'iil .`?
the Parties have executed this Lease
plicatethe day and ar '-= this instrument first above written.
Page 6•
, M.
i�;
i atAmerican
nbemnitg (bompang
New or
kz
Name of Applicant TEE FE:Ir N CO., INC.
{nI"MUA
L1 i INSURANCE BLANKRDER
(separate blank may be used for sack kind of insurance or for endorsements))
(If Co -partnership give names)
S
Applicant is: Individual Co -Partnership Corporation---
Receiver
Trustee
Add 3117 Marlborough St., Saga Diego, San Diego County,
Owner
Tenant
Lessee
California
P. O. or Business Tess
(No.) (Street) (C1ty or Town) (County)
Business or Occupation Ship Salvo e Kind of Insurance Desired. bil?ey
(state)
nd Property
Location of Risk kla-tior41 City Tidelands at SW1y* Corner of A.T. & S.F. By. Right of Wax
(State)
Coverage effective from MAPLE -.2i
Name of the Company last insuring this risk
No Insurance of the applicant of the kind ordered herein has been cancelled or recalled, or renewal thereof declined by an
Insurance Company during the past year within the know ledge of the applicant or the agent or broker placing this risk
except as follows:
DESCRIPTION OF Rlsic
OWNERS, LANDLORDS AND
TENANTS LIABILITY
25 Portion of Premises to be Insured
26 Area, Frontage and Number of Floors
27 Nature of Occupancy
28 Business Conducted by Applicant
29 Part Occupied by Applicant
30 Number of Seats in Theatre
31 Nature of Entertainment in Theatre
32 Number of Performances Daily
33 Estimated Number of Admissions
34 Estimated Gross Receipts
35 Specific Manual Additional Charges
ELEVATOR LIABILITY
36 Number and Type
37 Nature of Occupancy
38 Interlocks and Gate Contacts (Manu-
facturer & Name of Device)
COMPENSATION, EMPLOYERS AND
PUBLIC LIABILITY
39 Kind of Work and Estimated Payroll
40 Have Executive Officers of Applicant
elected Compensation, if so, give name,
position and salary if less than
$5,200.
PROTECTIVE LIABILITY
41 Description and Cost of Work
42 Owners or Contractors
43 Kind and Class of Work, if any, to be
Done by Assured's Employees (list
ander No. 39).
BY NUMBER DETAILED DATA CALLED FOR ABOVE
San DiegcNr Cbunt , Caltfomnia 19 r own) MAY 20 (County)
a moon
1948
AUTOMOBILE
1 Trade Name
2 Serial Number —also Motor Number
3 Year Model — also Model Number or
Letter
4 Date of Purchase —New or Old
5 Type of Body
6 Load Capacity of Truck
7 Seating Capacity of Bus
8 Use of Car
9 Where Garaged and Used
10 Plate Glass Damage
11 Employers' Liability
GARAGES AND SALES AGENCIES
12 Estimated Payroll
13 Inside and Outside Coverage Com-
bined
14 Inside Coverage Only (see O. L. & T.
section)
15 Passenger Livery Earnings
16 Commercial Livery Earnings
17 Names of Officers
18 Additional Assured, if any
TEAMS
19 Number of Teams (owned and hired)
20 Estimated Number of Drivers
21 Use
22 Where Used
PRODUCT LIABILITY
23 Nature of Output
24 Total Annual Sales or Fillings
INSERT HEREIN SEQUENCE
PLATE GLASS
44 Outside Grade, Plate only
45 Outside Grade, all Glass
46 Inside
47 Signs (Value)
48 Lettering (Value)
49 Upper Floor
50 All Glass
BURGLARY
51 Residence
(a) Kind —private, apt, flat or hotel
(b) Part Occupied
(c) Business and Business Address
52 Personal Holdup
53 Interior Office or Store Robbery
(a) Kind of Business
(b) Hours of cover
(c) Number of Persons on duty
54 Messenger and Paymaster Robbery
(a) Kind of Business
(b) Hours of cover
(c) Number of custodians and amount
on each
55 Mercantile Safe
(a) Kind of Business
(b) Kind of Safe (Fire -proof or Bur-
glarproof)
56 All Burglary Lines
(a) Previous losses, if any
(b) Previous Declinations, if any
FOR KIND OF INSURANCE DESIRED
PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ItITH
CERTIFICATE IN FAVOR OF NATIONAL CITY, A 1MUNICIPAL CORPORATION
Liability Limits
One Person $ 10.000
One Accident $ 20,OCQ__
Property Damage Limit Collision
One Accident $ 5,000
Full Coverage
$50 Deductible
$100 Deductible
Submitted by
F. 14020-30M-1-47
PERCY H. G00DViIN CO.
SkN DILGO, CALIFOrMh
(Agent or Broker)
(Address)
This application is made with the understanding that the rates applicable to the coverages desired are to be in compliance
with the rates and rules of the manual in use by the Company on the date insurance becomes effective.
KIMIRK 8iXT
DAY BINDER
When this binder is signed by an, authorized representative, the Company accepts this risk acknowledging itself bound by the
terms, conditions and limitations of the policy (or policies) of insurance in current use by the Company for the kind (or kinds) of
insurance specifically ordered on the other side of this Binder from the effective date and hour specified herein and the insured
accepts this Binder under such terms, conditions and limitations. Unless previously cancelled as hereinafter provided, this Binder
shall terminate at 12:00 o'clock noon on the .. + : ytfollowi ng the day upon which this Binder takes effect. Acceptance by
the insured of a policy (or policies)as ordered Effeof shall render this Binder null and void. This Binder may be cancelled
at any time by the insured or by the broker or agent who placed the risk by notice to the Company or by the surrender of this
Binder stating when thereafter such cancellation shall be effective. This Binder may be cancelled by the Company by written
notice to the insured and to the agent or broker who placed the risk stating when, not before 12:00 o'clock noon of the third
business day following the date of mailing, such cancellation, shall be effective. A premium charge at the rates and in compliance
with the rules of the Manual of Rates in use by the Company when this Binder becomes effective will be made for the time this
Binder is in effect if no policy of insurance in place hereof is issued and accepted by the insured.
PERCY li._•_GOODIt`IN CO. MARCH 20, 19hS 12 Noon A.M.
Accepted b._afi «�P.M.
(Authorized Representative) (Date) (Hour)
Note: Reference to time in this Binder shall mean Standard; time at the place of issue.
THIS SPACE FOR USE BY COMPANY
\k