HomeMy WebLinkAbout2002 CON CDC Tony McCune - Lease Bay Marina Dr. / Cleveland Ave.07/17/2002 WED 16:35 FAX 619 336 4286 CDC OF NATIONAL CITY ?002/004
LEASE
This Lease, made and entered into this 17 day of July, 2002 by and between the Community
Development Commission of the City of National City, hereinafter designated as "Lessor," and
Tony McCune, hereinafter designated as "Lessee."
RECITALS
A. Lessee is desirous of leasing from Lessor certain real property identified as a �}0‘000 square
foot area located at the southwest quadrant of the vacant lot at Bay Marina Drive and Cleveland
Ave. for the purpose of automobile storage.
NOW, THEREFORE, the parties hereto agree as follows:
1. Leased Premi its 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, commonly described as a
15,000 square foot area located at the southwest quadrant of thc vacant lot at Bay Marina Drive
and Cleveland Ave., National City, California.
2. Tenn This Lease shall be a monthly lease, beginning on the date first above written, unless
sooner terminated as provided herein, but will terminate automatically on October 31, 2002.
3. Rent. Lessee shall pay as rent for the leased premises ten (10) cents per square foot for
approximately„.90,p00 square feet of space or $ aDOD per month for the term of
this lease.
4. List. The above described premises are leased to Lessee by Lessor for the purpose of
automobile storage.
5. Accignment 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. Jmprnvementa The property is vacant. Lessee shall maintain all improvements and be able to
install at lessee's expense a fence including barbwire 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. Lessor 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 perrnit. Lessor shall cause the landscaped areas to be cared for, trimmed, mowed,
and weeded as necessary to maintain an attractive property.
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07/17/2002 WED 16:36 FAX 619 336 4286 CDC OF NATIONAL CITY Z 003/004
8. Hold Harmfr.S 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 Tnviranr,E Lessee shall take out and maintain, throughout the period of this Lease,
comprehensive general liability insurance with minimum limits of One Million Dollars
(S1,000,000.00) combined 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, 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 five (5) 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 be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are
to be received and approved by Lessor before this Agreement is signed.
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. Tnspertinn 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 five (5) days'
written notice but shall automatically terminate on October 31, 2002.
12. Non-nisrriminatinn. 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 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 Tna_¢e for any violations of any of
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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 Lessor from terminating this Lease thereafter,
either for such or for any subsequent violation (Zany 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 be of such
type and color, size and style, and in such place as may be approved by the CDC.
15 Taxrc 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 ten 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 Relnratinn 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. Terminatinn by T Pcsor Notwithstanding the provisions of section 2, Section 12.28, or any
othcr provision of this lease to the contrary, Lessor may terminate this lease without penalty
upon five (5) days written notice to Lessee in the event Lessor determines the leased premises
are needed for public, municipal, or redevelopment purposes.
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 Tony McCune has caused this instrument to be executed by its
proper representatives thereon to duly authorized.
Community Development Commission Tony McCune
Of the City of National City
By: B I 'Y 1
George Chairman
g Tony rMcE.�e
APPROVED AS TO FORM:
By .tom :
George Eiser,lI1, CDC Attomey
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