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HomeMy WebLinkAbout2009 CON (LEASE) Ignacio & Beatriz Morales - Lease Golf CoursePLEASE COMPLETE THIS INFORMATION • RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 Data zmo-azasns IIIIIIIINI III IIRI IIIIIIIIII III IIIIII IIII III IIRIIIII IIII MAY 17, 2010 3:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES 8 I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIII IIIII IIIII IIIII IIII IIII THIS SPACE FOR RECORDER'S USE ONLY (Note: This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt from Recorder's fees pursuant to Government Code Section 27383) LEASE AGREEMENT: WITH IGNACIO AND BEATRIZ MORALES AT AN ANNUAL RENT OF $2,000, FOR APPROXIMATELY 1,999 SQUARE FEET OF LAND AT 2805 N AVENUE FOR USE AS A PORTION OF THE NATIONAL CITY MUNICIPAL GOLF COURSE (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Ili LEASE by and between IGNACIO MORALES and BEATRIZ MORALES and the CITY OF NATIONAL CITY This Lease, made and entered into this 18th day of May, 2009, by and between Ignacio Morales and Beatriz Morales, 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 1,999 square feet of land that is part of Assessor's Parcel No. 563-153-01, and commonly known as 2805 "N" Avenue, National City, CA, 91950. The Leased Premises are described in the attached Exhibit "A", and depicted on the attached Exhibit `B". 2. TERM. This Lease shall commence May 6, 2009, and expire May 5, 2014, provided, however, that commencing May 6, 2010 and May 6 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 60 days' prior written notice of such fact prior to May 6 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 $2,000.00 per year, payable by June 1 of each year. The parties acknowledge and agree that LESSEE has occupied the Leased Premises without payment of rent since approximately December 9, 2005, and accordingly, it is agreed that concurrently with the first payment of rent, LESSEE will additionally pay LESSOR the sum of $7,014 as back rent, and as consideration for entering into this Lease. 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 negligent 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. LESSOR shall provide LESSEE'S City Manager 24 hours' notice prior to entering the premises. 10. Removal of Improvements. 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. 11. Mailings and Noticing. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by ordinary mail, postage prepaid; or delivered or sent by facsimile, fax, or email. Any payment, notice, request, demand, direction, or other communication delivered or sent as specified above shall be directed to the following persons: To LESSEE: City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 To LESSOR: Ignacio Morales Beatriz Morales 2805 N Avenue National City, CA 91950-7550 2 2009 Lease between City of National City and Ignacio and Beatriz Morales 12. Entire Agreement. This Lease supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 13. 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 Ignacio Morales and Beatriz Morales have executed this Lease. LESSEE — THE CITY OF NATIONAL CITY Morrison, Mayor APPROVED AS TO FORM: By: fJ l George H. Eiser, III City Attorney LESSOR Ignacio Morales Beatriz Moes 3 2009 Lease between City of National City and Ignacio and Beatriz Morales EXHIBIT "A" A portion of 40 Acre Lots 1 and 2 in Quarter Section 134 of Rancho De La Nacion, all in the City of National City, County of San Diego, State of California, described in Deed to Ignacio and Beatriz L. Morales recorded December 14, 2005 in Document No. 2005- 1073847 of Official Records of said San Diego County, described as follows: COMMENCING at the Southwest corner of Lot 1 of Jerauld's Subdivision, according to Map thereof No. 1034, filed in the Office of the County Recorder of San Diego County; thence Easterly along the Southerly line of said Lot 1 and along the Easterly prolongation of thereof North 72°05'35" East, 122.70 feet to the POINT OF BEGINNING; 1. Thence leaving said line, North 19°59'18" West, 81.44 feet; 2. Thence North 34°36'05" West, 10.35 feet; 3. Thence North 42°11'05" West, 9.79 feet; 4. Thence North 49°50'50" West, 10.07 feet; 5. Thence North 55°03'07" West, 20.07 feet; 6. Thence North 62°34'33" West, 10.34 feet; 7. Thence North 81 ° 16'26" West 8.76 feet; 8. Thence South 79°50'16" West, 58.95 feet to the Northerly line of land described in said Deed; 9. Thence Easterly along said Northerly line North 72°05'35" East, 103.69 feet to the Easterly line of land described in said Deed; 10. Thence Southerly along said Easterly line South 17°43'22" East, 144.00 feet to a point on said Easterly prolongation of the Southerly line of Lot 1; 11. Thence Westerly along said prolongation South 72°05'35" West, 2.30 feet to the POINT OF BEGINNING. Said land contains 1,999 sq. ft. 0.046 acres, more or less. This legal description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. rt Signature: , ✓ Y 1 J' hn R. B9ggren, L.S. 6000 [license Expires 12/31/2010 Date: February 10, 2009 Exhibit B LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE L1 N19'59'18'W 81.44' L7 N81'16'26"W 8.76' L2 N34'36'05'W 10.35' L8 S79'50'16"W 58.95' L3 N42'11'05'W 9.79' L9 N72'05'35'E 103.69' L4 N49'50'50'W 10.07' L10 517'43'221 144.00' L5 N55'03'07"W 20.07' L11 N72°05'35'E 2.30' L6 N62'34'33'W 10.34' PORTION OF 40 ACRE LOT 1 POINT OF COMMENCEMENT SOUTHWEST CORNER LOT 1, MAP 1034 LOT 3 SCALE 1 "= 50' Qv k'R , -54 SEOAiO� \-F Rk0,0°N POINT OF BEGINNING PORTION OF 40 ACRE LOT 2 LEGEND LEASE AREA 1,999 SF 2805 N STREET NATIONAL CITY, CA LEASE AREA = 1,999 SF /// IN ASSOCIATION WITH: TETRA TECH BERGGREN & ASSOCIATES LAND SURVEYING AND RIGHT OF WAY MAPPING 6046 CORNERSTONE COURT WEST #116 SAN DIEGO, CALIFORNIA 92121 (858) 824-0034 / (858) 824-D036 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of &Q-I) €_Gi• p On r5//5/09 before me, Date personally appeared .i 3 ri1 c raj } Here Insert ald me anitle"ot the Officer .J Ora ( , - 1'Y}o rc�Les Name(s) of Signer(s) V. M. ORCUTT commission 9 1631102 Notary Pudic - CaMon-o Dingo County MyCSan n.tOSo Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),is7are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hais?her/their authorized capacity(ies), and that by 44leilter/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Signature of Not ublic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: L eLCSe-- by 4- &boa» .LJn!'er a Document Date: Mai / 8, e '0O ? Signer(s) Other Than Named Above: 47?/) 7n0 r-'r o f l Capacity(ies) Claimed by Signer(s) J Signer's Name: 1j%1�?C:i I f©('? C°-S Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumbhere s ru Alo I-4. /es ca nd fk Lift o Na }rc7n4k L 1 Numb of Pages: 5-, t a nd ( rre, i'I E1:3e.r,111— Signer's Name: 6 - iidividual ❑ Corporate Officer — Title(s): J Partner — ❑ Limited ❑ General 7 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTT OF UMBPRINT GNER Top of thumb here `E6a' " ,`�;ro,,r: =5W—N--,,,,- v^�cs`� �cs`)-kzEh�`u;` f> =4^e:fzc `e.£^t v.,.." +` :fsc-£cf 4`t%V`U m2007 National Notary Association 9350 De Soto Ave., P.O. Box 2402 *Chatsworth, CA 91313-2402•www.NationalNotary.org Item 445907 Reorder: Call Toll -Free 1-800-876-6827 t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On (51,..2G/U 9 Date before me, personally appeared fl 6Y) (• } �Cix t Here Insert Name and Title of the Office/ ui 1 C� Name( of Signer(s) /Vr txj P4 fr Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature V 7 C? r Signature of Notary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ff� /� r Title or Type of Document: LPC, „ b elit ;1 £>tLj c=t /Ve^Lhcm ;kJ Certc>) -I-3n -J�% Document Date: fries, `I l Ei 2-0 G 7 Number of Pages: Signer(s) Other Than Named Above: .Lc�7l rt c r) 4 J:77 f-/ r> %�UI^ 25 VC0t Capacity(ies) Claimed by Signer(s) Signer's Name: C/Y) n ❑ Individual �1� {J.-Corporate Officer — Title(s): / /l & L ) 0Y • Partner — C Limited C General C Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: El Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee L Guardian or Conservator C Other: Signer Is Re re enting• Signer Is Representing: ei , tnein,---7- ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402• www.NauonalNotary.org Item k5907 Reorder Call Toll -Free 1-800-876-6827 RIGHT THUMBPRINT OF SIGNER Top of thumb here RESOLUTION NO. 2009 — 120 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE TO THE CITY, AT AN ANNUAL RENT OF $2,000, OF APPROXIMATELY 1,999 SQUARE FEET OF LAND AT 2805 N AVENUE FROM IGNACIO AND BEATRIZ MORALES FOR USE AS A PORTION OF THE NATIONAL CITY GOLF COURSE WHEREAS, the City is desirous of leasing from Ignacio and Beatriz Morales approximately 1,999 square feet of their property at 2805 N Avenue for the purpose of devoting said property for use by the general public as a portion of the Las Palmas Golf Course, and the Moraleses are willing to lease their property to the City for said purpose; and WHEREAS, the rent for said lease would be $2,000 annually, as established by a professional appraiser; 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 that the City Council of the City of National City hereby authorizes the Mayor to execute a lease between the City and Ignacio and Beatriz Morales for an approximately 1,999 square feet of their property at 2805 N Avenue, at an annual rent of $2,000, for use as a portion of the Las Palmas Golf Course. PASSED and ADOPTED this 19th day of May, 20 62 ATTEST: ,v /� Mic ael R. Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Ron Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on May 19, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: Councilmember Parra. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ii City lerk of the City oi'National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-120 of the City of National City, California, passed and adopted by the Council of said City on May 19, 2009. City Clerk of the City of National City, California By: Deputy caooq•ya City of National City, California CITY COUNCIL AGENDA STATEMENT 41EETING DATE May 19, 2009 AGENDA ITEM NO. 30 (TEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE TO THE CITY, AT AN ANNUAL RENT OF $2,000, OF APPROXIMATELY 1,999 SQUARE FEET OF LAND AT 2805 N AVENUE FROM IGNACIO AND BEATRIZ MORALES FOR USE AS A PORTION OF THE fhTIONAL CITY GOLF COURSE PREPARED BY George H. Eiser, III 4) DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please see attached memorandum. Environmental Review _L N/A Financial Statement 1/5 Approved By. �i ance Director Funds are available in account 001-441-000-455-0000 — Lease Payment Account No. STAFF RECOMMENDATION Adopt resolution. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. a 0 0 v a el Memorandum Proposed resolution Proposed lease A-200 (9/99) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 May 21, 2009 Mr. David Butler Acting Assessor / Recorder / County Clerk County of San Diego P.O. Box 121750 San Diego, CA 92112-1750 Dear Mr. Butler: We are submitting the following documents in duplicate for recording: LEASE AGREEMENT: WITH IGNACIO AND BEATRIZ MORALES AT AN ANNUAL RENT OF $2,000, OF APPROXIMATELY 1,999 SQUARE FEET OF LAND AT 2805 N AVENUE FOR USE AS A PORTION OF THE NATIONAL CITY GOLF COURSE. Please note the recording information on the duplicate copy provided, and return it to the Office of the City Clerk. Michael R. Della, CMC City Clerk Enclosure ® Recycled Paper