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HomeMy WebLinkAboutReso 1958-2117RESOLUTION N0.,2117 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA P.PPROVING LEASE. TO ROFCt AIRCRAFT TFIE CITY COUNCIL OF THE CITY OF CHULA VISTA, llOES HEREBY RESOLVE AS FOLLOWS: SECTION ONE: That certain lease, dated November' 1.~, 1958 ,r between the CITY 0'r' CHULA VISTA, Lessor, and ROHR AIRCRAFT CORP., Lessee, a copy of which is attached hereto and by this reference incorporated herein be, and the same is hereby approved. SECTION T6N0: That the Mayor of the City of Chula Vista is hereby authorized and directed to execute the same for and on behalf of the City of Chula Vista. A1X)PTED ANll APPROVEll by the CITY CO[PJCIL of the CITY OF CFCJLA VISTA, CALIFORNIA, this p14th~,;day,, of October, 1958by the i.' following vote, to-vrit: AYES: COUNCILk1EN McMains,McAllister,Smith,Menzel,DeGraaf NAYS:. COUNCII~tEN ~ None ABSENT: COUNCILPiEN None Mayo ATTEST: Cit erk - LEASE AGREEMENT This Lease Agreement made at Chula Vista, California, as of this ~! isti:i day of xove¢bPr;• _ _> 1958, by and between THE CITY OF CHULA r: VISTA, a municipal corporation, hereinafter referred to as "Lessor" and ROHR AIRCRAFT CORPORATION, a California corporation, hereinafter referred ,, to as "Lessee", -- ~ '- WITNESSETH: WHEREAS, Lessor is the owner of certain unimproved real property approximately 45,000 square feet in area located at the present foot of _. - - "G" Street in the City of Chula Vista, State of California, more particu- - larly described as follows: That certain parcel of land in the City of Chula Vista, County of San Diego, State of California, being a portion of Quarter Section 172 of Rancho de la Nacion according to Map thereof No. 505 filed in the office of the Recorder of said County of San Diego, more particularly described as follows: Commencing at the Southeast corner of Quarter Section 172, thence Westerly along the Southerly line of said Quarter Section 172, a distance of 970 feet, thence Northerly along a line, ,1 parallel to and a discane of 970 feet Westerly from the East- i erly line of Quarter Section 172, a distance of 20 £eet to the TRUE POINT OF BEGINNING, thence Northerly along said ~ parallel line, a distance of 200 feat to the Northerly line of } that parcel of land conveyed to the City o£ Chula Vista, by deed recorded in Book 1251 on Page 198 Deeds, Records of said ,~ County o£ San Diego, State o£ California, dated October 16, 1926, ~. thence 6esterly along said Northerly line, a distance of 225 ~, feet, thence Southerly along a line parallel to and distant 1195 ,1. feet from the Easterly line of Quarter Section 172 a distance of ' 200 feet to a line which is parallel to and distant 20 feet North- ' j.. erly from the Southerly line of Quarter Section 172; thence Easterly along said parallel line a distance of 225 feet to the TRUE POINT OF BEGINNING, and 'idHEAEAS, it is the desire o£ both parties that said property be leased to Lessee for the period and at the rental and under the terms and conditions as hereinafter set forth, NOW, THEREFORE, the parties agree as follows: 1. Leased Property Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the above described real property, hereinafter referred to as the "premises". -1- tY /~ _ 2, Term The term of this Lease shall be five years beginning on November 1, 1958: provided, however, that Lessee may terminate this Lease as of the end of any annual rental period upon written notice to the Lessor at least ninety (90) days prior to the end thereof; and provided further that Lessor may terminate this Lease as of the end of the third and fourth annual rental periods upon written notice to the Lessee at least ninety (90) days prior to the end thereof. 3. Rental Lessee agrees to pay annual rental in advance without demand on or before the last. day of the first month of each year during the term hereof to Lessor at 276 Guava Street, Chula Vista, California, attention City Treasurer, in amounts according to the following schedule: First and Second years, one and one-half cents (1%~) a square foot, six hundred seventy-five dollars ($675,00) per year. Third year, tm~o cents (2¢)"a square foot, nine hundred dollars $900.00) per year. Fourth year, two and one-half cents (2%¢) a square foot, one thousand one hundred twenty-five dollars ($1,125.00) per year. Fifth year, three cents (3Q) a square foot, one thousand three hundred fifty dollars ($1,350.00) per year. Should the premises or any portion thereof for any reason beyond the control of Lessee be made nonusable as a parking area for a period in excess of sixty (60) days, Lessee shall have the option to terminate this Lease and in such event shall be liable for rent up to the effective date of termination. Lessee shall elect within thirty (30) days after the event or occurrence causing the nonuse whether or not it will terminate this Lease or allow it to remain in full force and effect. In the event of continuance an abatement shall be made in the rent corresponding to the time during ' which and the extent to which the premises could not be used by the Lessee, said abatement to be on a pro rata basis if during an annual rental period, and at the then applicable rate per square foot, _2_;.. 4, Use Lessee may use the premises in a lawful manner solely as an automobile parking area and in conjunction with such use shall cooperate with Lessor in attempting to prevent its employees from completely blocking traffic on "G" . Street between West Bay Boulevard and the premises. 5. Maintenance and Improvements (a) Lessor shall level, fill, and compact the premises with a grader and pneumatic roller pursuant to a grading plan satisfactory to the Lessor's City Engineer, to an elevation substantially identical to that of the preseht center thereof, The grading plan shall be followed to one-tenth of a foot and shall provide adequate drainage to handle storm run-off and prevent flooding of the premises or approaches thereto. In addition, Lessor shall place and maintain the Southerly twenty (20) feet of "G" Street from West Bay Boulevard to a Southerly extension of the Westerly line of the premises in a usable condition permitting all-weather movement of at .least two (2) lanes of automobile traffic along the full length thereof, (b) Upon satisfactory completion by Lessor of the work set forth in (a) above, Lessee shall surface the premises with an all-weather material and mark the lanes with secured four-by-four timbers and the individual parking stalls with painted lines, Said improvements shall be abandoned to the City upon termination of this Lease. (c) Lessee is given the right to erect at its own expense a fence enclosing the property or other structures or buildings necessary or expe- dient in the furtherance of Lessee's use of the premises. It is understood and agreed that. title to any and all such improvements shall remain in Lessee and Lessee shall remove same upon termination of this Lease, (d) Lessee shall maintain the premises in a good and usable condition and, to the extent of Lessee's use thereof, the easements granted below to Lessee by Lessor. 6. Access and Egress by Easement In order to facilitate use of the premises by Lessee, Lessor hereby -B- conveys to Lessee for the term of this Lease, two nonexclusive easements for ingress and egress over those portions of Quarter Section 172 of Rancho la Nacion, according to Map thereof Number 505, filed in the Office of the Recorder, County o£ San Diego, State of California, more particularly described as follows: (1} The Southerly 20 feet of the 'Nesterly 225 feet of the Easterly 1195 feet of said Quarter Section 172, and (2) The Westerly 20 feet of the Southerly 220 feet of the Easterly 970 feet of said Quater Section 172. 7, Utilities Lessee shall furnish all utilities used by it upon the premises, `_ r. ~e } .. ,~. t 8, Insurance Lessee shall maintain during the term of this Lease $100,000,00 - $300,000,00 bodily injury liability and $25,000.00 property damage liability insurance. The policy shall name Lessor as an additional insured and pro- vide that Lessor shall be notified at least fifteen (15) days prior to cancellation thereof, 9; Sublease Lessee may not sell, assign, transfer or sublease said premises or any portion thereof without prior written approval of Lessor, 10. Default Should Lessee default in payment of rental or in the performance of any of the conditions or covenants of this Lease and should such default con- tinue after written notice thereof from Lessor to Lessee for ten (10) days in the case of payment of rental or thirty (30) days in the case of any other default, Lessor may, at its option,. re-enter and terminate this Lease or pursue any legal or equitable remedy which it may have to enforce its rights hereunder, 11, Right of Entry Lessor shall have the right at reasonable times to enter the premises t~ ascertain whether or not the terms and conditions of this Lease are being fulfilled. -4 - 12. Notices Any notice or demand required hereunder to Lessor by Lessee shall be sufficient if sent by registered mail, postage prepaid, to Lessor at ~~~. ;j=~_ 276 Guava Street, Chula Vista, California, to the attention o{ the City Manager. Any notice or demand required hereunder to Lessee by Lessor shall be sufficient if sent by registered mail, postage prepaid, to Lessee at P.O. Box. 878, Chula Vista, California, to the attention of the Corporate _ Secretary. 1B. Successors -, This Lease shall be binding upon and inure to the benefit of,the -, parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above written. CITY OF CHULA VISTA, Lessor BY :~~~~i' ~ G/'> ~~Le%~r-,..E-Y. K ith Menzel, M yor~% ~_. ROHR AIRCRAFT CORPORATION; Lessee i ':h" _. By: .lam . S. W. Shepard, cretary ~: I ~, f, STATE OF CALIFORNIA) )) ss COUNTY OF SAN DZEGO '; .. i ~.~ On this U~~ day of /1/~e~,~F_iz_, 1958, before me, the ~' undersigned, a Notary Public in an d. for said County and State, personally appeared Keith Menzel, known to me to be the N,ayor of the City that executed the foregoing Lease Agreement, and acknowledge to me that such city executed the same, Witness my hand and official seal. Notary Pubiic in and for said ;- C unty and State ' kY C~D'~MISSION E%P1P~r',$_ ~L ^~„ I939 r ; Form Approved: r vv t ~"-c I\ Manuel L. Kugler, ity Attorney a .' .