HomeMy WebLinkAbout2000 CON CDC Wier Construction - Lease National City Blvd.LEASE
This Lease, made and entered into this 1 day of August, 2000, by and between the Community
Development Commission of the City of National City, hereinafter designated as "Lessor," and
Wier Construction Corporation, a for -profit corporation, hereinafter designated as "Lessee."
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RECITALS
A. Iessec is desirous of leasing from Lessor certain real property located on the 3300 block of,
National City Boulevard in the City of National City, Parcel No. 562-321-08 (Parcel Map
attached hereto as Exhibit "A") for use as a construction storage area.
B. The use of said property for the purpose aforementioned will promote the general welfare of
all inhabitants in the City of National City.
NOW, THEREFORE, the parties hereto agree as follows:
1. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property
situated in the City of National City, County of San Diego, State of California.
2. Term. This Lease shall he on a month to month basis, beginning on the date first above
written. doe 30 DakisOfltk.1 *o 1AUCJuu-- 30l loco
3. Rent. Lessee shall pay as rent for the leased premises the sum of One Thousand and "0/,,,,,
Dollars ($1,000.00) per month for the term of this lease.
4. Jse. The above -described premises are leased to Lessee by Lessor for the purpose of
providing construction storage space.
5. Assignment. This Lease shall not be assigned, hypothecated, leveraged, or transferred
without the consent in writing of the CDC, evidenced by a resolution hereof duly adopted for
said purpose.
6. I�rovements. Lessee shall maintain all improvements in conformance with the laws of the
State of California and the ordinances of the City of National City, in connection therewith
and in the operation and maintenance thereof.
7. Repair. Iessor shall not be liable for the repair or upkeep and/or maintenance of any
improvements located or to be located on the leased premises. Lessee shall be responsible for
all maintenance and repair, and the costs of all utilities on the leased premises. Lessee shall
keep the leased premises in as good order, condition and repair as reasonable use and wear
thereof will permit. Lessor shall cause the landscaped areas to be cared tor, trimmed,
mowed, and weeded as necessary to maintain an attractive property.
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8. Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold harmless the City of
National City and the CDC and their officers and employees from all liability, loss, costs,
claims, demands, suits, and defense costs arising out of the use and maintenance of the leased
premises and the improvements thereon by Lessee or any sub -lessee.
9. Insurance. Lessee shall take out and maintain, throughout the period of this Lease,
comprehensive general liability insurance with minimum limits of One Million Dollars
($1,000,000.00) coinbined single limit per occurrence, covering all bodily injury and
property damage arising out of this Lease.
This policy shall name Lessor the City of National City, the Community Development
Commission of the City of National City, and their officers, agents, and employees as
additional insured, and shall constitute primary insurance as to Lessor, its officers, agents and
employees. so that any other policies held by Lessor shall not contribute to any loss under
said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor
of cancellation or material change. Prior to commencement of this Lease, Lessee shall
furnish Lessor a certificate of insurance and with original endorsements affecting coverage
required by this clause.
The certificate and endorsements for the insurance policy are to he signed by a person
authorized by that insurer to bind coverage on its behalf. The certificate and endorsements
are to he received and approved by Lessor before this Agreement is signed.
Lessee shall keep the improvements located on the leased premises insured against loss or
damage by fire in the amounts not less than eighty-five percent (85 %) replacement value.
If the required insurance coverage is provided on a "claims made" rather than "occurrence"
form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the
term (and any extensions) of this Lease.
If Lessee does not keep an insurance policy in full force and effect at all times during the term
of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a
breach of the contract and terminate this Lease forthwith.
10. Inspection. Lessor, by and through its proper officers, reserve and shall always have the
right to enter the leased premises for the purpose of viewing and ascertaining the conditions
of the same and the operation and maintenance thereof.
11. Termination. This Lease may be terminated by either party (without cause) upon thirty (30)
days' written notice.
12. Non -Discrimination. Lessee agrees that there shall be no discrimination against or
segregation of any person or group of persons, because of race, color, creed, national origin,
sex, sexual orientation; ancestry, marital status, physical handicap, or medical condition, in
the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the leased
premises, nor shall Lessee, or any person claiming under or through it, establish or permit
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any such practice or practices of discrimination or segregation with reference to the selection,
location, number, use, or occupancy of tenants, lessees, subleases, subtenants, or vendees in
the leased premises.
13. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any
of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to
such violation and shall in no way bar, stop or prevent Iessor from terminating this Lease
thereafter, either for such or for any subsequent violation of any such term, condition or
covenant.
14. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or
affixed on or to any part or portion of the outside of the leased premises except to he of such
type and color, size and style, and in such place as may be approved by the CDC.
15. Taxes. Lessee recognizes and understands that this Lease may create a possessory interest
subject to property taxation and that Lessee may be subject to the payment of property taxes
levied on such interest. Lessee further agrees to pay all property taxes, if any, assessed
during the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue and Taxation
Code against Lessee's possessory interest in the leased premises.
16. Waiver of Relocation Assistance. In consideration for the execution of this lease by Lessor,
Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise
be entitled under federal, state, or local law or regulations, upon vacation of the premises.
17. Termination by Lessor. Notwithstanding the provisions of section 2, Section 12.28, or any
other provision of this lease to the contrary, Lessor may terminate this lease without penalty
upon thirty (30) days written notice to Lessee in the event Lessor determines the leased
premises are needed for public, municipal, or redevelopment purposes.
18. Environmental Compliance. Leassee shall not engage in, nor shall it permit any third party
to engage in, activates upon the Premises, or any portion thereof, for the purpose of or
anyway involving the handling, manufacturing, treatment, storage, use, transportation,
spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or
intentional) or any hazardous or toxic substances, materials or wastes, or any wastes
regulated under any local, state or federal law.
Leassce shall be, and remain for the term of this License, in full compliance with all
applicable laws governing the use and occupancy of the Premises including, without
limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and
transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated
under any local, state or federal law (hereinafter collectively referred to as "Standards").
Ieassee shall not create nor permit to be created nor permit to exist upon the Premises any
non-compliance with Standards or any condition which could be alleged to create a nuisance,
public, private or mixed, or to otherwise present a threat to health or property by any
unhealthful, hazardous or dangerous condition (herein collectively referred to as "Harmful
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Conditions"). I.eassee shall contain any Harmful condition to prevent it from deteriorating.
Lease shall notify Lessor immediately of any Harmful Condition or non-compliance with any
Standard and Lessee shall notify all responsible local, state or federal agencies as required by
local, state or federal regulations.
In the event Lessee fails to be in full compliance with the obligations assumed by Lessee
herein and Lessee does not correct such non-compliance within three (3) days of written
notice of such failure given by Lessor, Lessor may, but shall not be obligated to, take
whatever action is necessary to bring the Premises into compliance. If; however, Lessee has
begun compliance within the allowed three (3) days of written notice, but such compliance
cannot he accomplished within the allowed time frame, Lessor shall not interfere with
Lessee's good faith efforts. If compliance has not been accomplished within fifteen (15)
days, Lessor may, but shall not be obligated to. take whatever action is necessary.
Lessee shall reimburse Lessor for all costs (including, but not limited to, consulting,
engineering, clean up, containment, disposal, and legal costs) incurred by Lessor as a result
of Lessee's failure to comply with the foregoing obligations assumed by Lessee, and also
such costs as may be incurred by Lessor in abating or protecting against Harmful Conditions
and/or a violation of Standards.
Lessee shall indemnify, defend and hold Lessor, its employees and agents, harmless from and
against any claim or lawsuit, local, state or federal enforcement action , or civil or criminal
claims, which arise from or relate to any actual or alleged Harmful Conditions, actual or
alleged violation of Standards, or actual or alleged injuries to or death of any persons and loss
of or damages to property, including without limitation, employees and property of Lessor
and Lessee, which arise during Lessee's presence on, or negligent use of, the Premises.
Lessee expressly agrees that the indemnification, and hold harmless obligations assumed by
Lessee with regard to abatement of IIarmful Conditions and violations of Standards in this
Article, shall survive expiration or termination of this Lease.
19. Obstruction. Except as permitted by this Lease, Lessee shall not place, install, maintain, or
allow any combustible materials, buildings, structures, or other improvements upon the
Licensed Premises and shall not cause or allow the surface elevation therein to be changed in
any way whatsoever, without Lessor prior written approval.
Signature Page to Follow
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IN WITNESS WHEREOF, this Lease is executed by the Community Development Commission
of the City of National City, pursuant to resolution authorizing the Chairman to execute the same
for and on behalf of said CDC, and Weir Construction Corporation has caused this instrument
to be executed by its proper representatives thereon to duly authorized.
Community Development Commission Wier Construction Corporation
Of the City of National City
By:./1j4 f1 By: ���/1
George H. aters, Chairman Cathy Wier, Uresident
APPROVED AS TO FORM:
By: Jf N Ji air
George Eiser, I1I, CDC Attorney
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