HomeMy WebLinkAbout2004 CON Austin J Oliver - Land Lease Las Palmas Golf CourseLEASE
This Lease, made and entered into this 3rd day of August, 2004, by and between
Austin J. Oliver and Evelyn R. Oliver, hereinafter designated as "LESSOR," and the City of
National City, hereinafter designated as "LESSEE".
RECITALS
A. LESSEE is desirous of leasing from LESSOR certain real property for the
purpose of devoting said property for use by the general public as a portion of the Las Palmas
Golf Course, and LESSOR is willing to lease their property to LESSEE for said purpose.
B. The use of said property for the purpose aforementioned will benefit the users of
the Las Palmas Golf Course, and will promote the general welfare of all the inhabitants of the
City of National City.
NOW, THEREFORE, in consideration of the mutual benefit to be derived
herefrom, the parties hereto agree as follows:
1. LEASED PREMISES. LESSOR does hereby lease, demise and let to LESSEE
approximately 2,500 square feet of land which is part of Assessor's Parcel No. 563-153-01. A
description of the leased premises is set forth in Exhibit "A", attached hereto and incorporated
herein by reference.
2. TERM. This Lease shall commence August 4, 2004, and expire August 3, 2009,
provided, however, that commencing August 4, 2005 and August 4 of every year thereafter, one
year shall automatically be added to the remaining term of this Lease.
Should either party desire that said automatic one year renewal and extension not occur,
such party shall give the other party written notice of such fact prior to August 4 of any year of
the Agreement. Such notice shall eliminate the automatic one year renewal and extension
provision, and the Agreement shall remain in effect for the balance of the term then outstanding.
3. Rent. LESSEE shall pay as rent for the leased premises the sum of $300.00 per
year.
4. Use. The above described premises are leased to LESSEE by LESSOR for the
purpose of devoting said property for use by the general public as a portion of the Las Palmas Golf
Course.
5. Assignment. This Lease shall not be assigned or transferred nor shall LESSEE have
the right to sublet the leased premises or any part thereof, without the consent in writing of
LESSOR.
6. Improvements. During the term of this Lease, LESSEE shall be permitted to
maintain on the leased premises landscaping and an irrigation system. LESSEE shall bear the entire
expense arising by reason of this and any other improvements on the leased premises, and any
improvements shall conform with all the requirements of 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 improvement 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.
8. Hold Harmless. LESSEE hereby agrees to indemnify, defend, and hold harmless
LESSOR 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.
9. Inspection. LESSOR 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.
10. Termination. Either party may terminate this Lease upon one year's written notice to
the other party. It is agreed that notice by LESSOR to terminate this Lease as herein provided shall
be served upon the City Manager of the City of National City.
11. Removal of Improvements. It is further agreed between the parties that at the
termination or expiration of this Lease or any renewal thereof, and upon written request of
LESSOR, LESSEE shall within ninety (90) days remove any and all improvements, fixtures, or
personal property placed or erected on the leased premises, during the term thereof, or any renewal
thereof, and that all expense connected with such removal shall be borne by LESSEE.
12. Recording. This Lease may be recorded by either party hereto.
IN WITNESS WHEREOF, this Lease is executed by the City of National City,
pursuant to resolution authorizing the Mayor to execute the same for and on behalf of said City, and
Austin J. Oliver and Evelyn R. Oliver have executed this Lease.
LESSEE — THE CITY OF NATIONAL CITY
APPROVED AS TO FORM:
By:
George H. iser,
City Attorney
LESSOR
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Austin J. Oli
Evelyn liver
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City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE 8/3/04
Cloo,
AGENDA ITEM NO. 12
ITEM TITLE Resolution of the City Council Authorizing the Mayor to Execute a
Five -Year Lease Agreement Between the City of National City and Austin J. Oliver
and Evelyn R. Oliver for Land Usage for the National City Golf Course in the Amount
of $300 per Ye r
PREPARED BYMi el A. Diaz DEPARTMENT Parks & Recreation
EXPLANATIO142
A five-year lease agreement was entered into whereby real property belonging to the
Olivers was leased for use by the general public as a portion of the Las Palmas Golf
Course. The lease began on September 7, 1993. Resolution No. 93-128 was passed and
adopted on September 7, 1993, incorporating said terms and conditions.
Lease has expired and is being extended for another five years period. The lease
agreement between the City and the Olivers is because the National City Golf Course
needs to extend the No. 1 green.
The original Agreement with the Olivers was with Austin J. Oliver and Margaret A.
Oliver. Due to a new marriage, the current lease is with Austin J. Oliver and Evelyn
R. Oliver.
The rental fee is $300 per year, for a total of $1,500.
Environmental Review
XX N/A
Financial Statement
Funds available in Acct. #105-442-00a-399-0000
Approved By:
jvCina
Director
anak
Account No.
STAFF RECOMMENDATION
Approval
BOARD / COMMISSION RECOMMENDATION
Approval
ATTACHMENTS (Listed Below)
Lease Agreement dated 9/7/93
Resolution No. 93-128
Lease Agreement
Resolution
Resolution No. Z(fit LItt-
A-200 (9/99)
RESOLUTION NO. 2004 —145
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A
FIVE-YEAR LEASE AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND
AUSTIN J. OLIVER AND EVELYN R. OLIVER FOR
LAND USAGE FOR NATIONAL CITY GOLF COURSE
IN THE AMOUNT OF $300 PER YEAR
WHEREAS, the City of National City is desireous of leasing from Austin J.
Oliver and Evelyn R. Oliver ("Lessor") certain real property for the purpose of devoting
said property for use by the general public as a portion of the Las Palmas Golf Course,
and Lessor is willing to lease their property to the City for said purpose; and
WHEREAS, the use of said property for the purpose of aforementioned
will benefit the users of the Las Palmas Golf Course, and will promote the general
welfare of all the inhabitants of the City of National City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute a lease with Austin J.
Oliver and Evelyn R. Oliver. Said Lease is on file in the Office of the City Clerk.
PASSED and ADOPTED this 3rd day of August, 2004.
ATTEST:
rge4
Michel Dalia, City lerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on August 3,
2004, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
City Clerk of the Cit of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2004-145 of the City of National City, California, passed and
adopted by the Council of said City on August 3, 2004.
City Clerk of the City of National City, California
By:
Deputy
RESOLUTION NO. 93-128
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A LEASE
WITH AUSTIN J. OLIVER AND MARGARET A. OLIVER
WHEREAS, the City of National City is desirous of leasing from Austin
J. Oliver and Margaret A. Oliver ("Lessor") certain real property for the purpose of
devoting said property for use by the general public as a portion of the TaS Palmas Golf
Course, and Lessor is willing to lease their property to the City for said purpose; and
WHEREAS, the use of said property for the purpose aforementioned will
benefit the users of the Las Palmas Golf Course, and will promote the general welfare
of all the inhabitants of the City of National City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the Mayor is hereby authorized to execute a lease with Austin J.
Oliver and Margaret A. Oliver. Said Lease is on file in the Office of the City Clerk.
PASSED and ADOPTED this 7th day of September, 1993.
George H. Waters, Mayor
ATTEST:
cYuk,Cam.CL 2L
Lo Anne Peoples, Ci
P y Clerk
APPROVED AS TO FORM:
George H. Eiser, III.
City Attorney
P9
Passed and adopted by the Council of the City of National City, California,
on September 7, 1993 by the following vote, to -wit:
Ayes: Councilmen Dal la, Inzunza, Morrison, Zarate, Waters
Nays: Councilmen Non e
Absent: Councilmen No n e
Abstain: Councilmen Non e
AUTHENTICATED BY: GEORGE H. WATERS
Mayor of the .City of National City, California
LORI ANNE PEOPLES
City Clerk of the City of National City, California
(Seal) By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO. 9 3 -128 of the City of National City,.
Calif., passed and adopted by the Council of said City on Sept e m b e r 7, 1993
City CI rk of the City of National ity, California
By:
Deputy
P10
LEASE
This Lease, made and entered into this 3`d day of August, 2004, by and between
Austin J. Oliver and Evelyn R. Oliver, hereinafter designated as "LESSOR," and the City of
National City, hereinafter designated as "LESSEE".
RECITALS
A. LESSEE is desirous of leasing from LESSOR certain real property for the
purpose of devoting said property for use by the general public as a portion of the Las Palmas
Golf Course, and LESSOR is willing to lease their property to LESSEE for said purpose.
B. The use of said property for the purpose aforementioned will benefit the users of
the Las Palmas Golf Course, and will promote the general welfare of all the inhabitants of the
City of National City.
NOW, THEREFORE, in consideration of the mutual benefit to be derived
here ftom, the parties hereto agree as follows:
1. LEASED PREMISES. LESSOR does hereby lease, demise and let to LESSEE
approximately 2,500 square feet of land which is part of Assessor's Parcel No. 563-153-01. A
description of the leased premisesis set forth in Exhibit "A", attached hereto and incorporated
herein by reference.
2. 1ERM. This Lease shall commence August 4, 2004, and expire August 3, 2009,
provided, however, that commencing August 4, 2005 and August 4 of every year thereafter, one
year shall automatically be added to the remaining term of this Lease.
Should either party desire that said automatic one year renewal and extension not occur,
such party shall give the other party written notice of such fact prior to August 4 of any year of
the Agreement. Such notice shall eliminate the automatic one year renewal and extension
provision, and the Agreement shall remain in effect for the balance of the term then outstanding.
3. Rent. T PSSEE shall pay as rent for the leased premises the sum of $300.00 per
year.
4. Use. The above described premises are leased to LESSEE by LESSOR for the
purpose of devoting said property for use by the general public as a portion of the Las Palmas Golf
Course.
5. Assimnent. This Lease shall not be assigned or transferred nor shall LESSEE have
the right to sublet the leased premises or any part thereof, without the consent in writing of
LESSOR.
6. Improvements. During the term of this Lease, LESSEE shall be permitted to
maintain on the leased premises landscaping and an irrigation system. LESSEE shall bear the entire
expense arising by reason of this and any other improvements on the leased premises, and any
improvements shall conform with all the requirements of 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.
P11
7. Repair. LESSOR shall not be liable for the repair or upkeep and/or maintenance of
any improvement 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.
8. Hold Harmless. LESSEE hereby agrees to indemnify, defend, and hold harmless
LESSOR 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.
9. Inspection. LESSOR 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.
10. Termination. Either party may terminate this Lease upon one year's written notice to
the other party. It is agreed that notice by LESSOR to terminate this Lease as herein provided shall
be served upon the City Manager of the City of National City.
11. Removal of Improvements. It is further agreed between the parties that at the
termination or expiration of this Lease or any renewal thereof, and upon written request of
LESSOR, LESSEE shall within ninety (90) days remove any and all improvements, fixtures, or
personal property placed or erected on the leased premises, during the term thereof, or any renewal
thereof, and that all expense connected with such removal shall be borne by LESSEE.
12. Recording. This Lease may be recorded by either party hereto.
IN WITNESS WHEREOF, this Lease is executed by the City of National City,
pursuant to resolution authorizing the Mayor to execute the same for and on behalf of said City, and
Austin J. Oliver and Evelyn R. Oliver have executed this Lease.
LESSEE — THE CITY OF NATIONAL CITY
By:
Nick Inzunza, Mayor
APPROVED AS TO FORM:
By:
George H. Eiser, III
City Attorney
LESSOR
P12
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