HomeMy WebLinkAboutReso 1964-3432RESOLUTION NO. 3432
Lease agreement between the ccity of Chula Vista
and The Handyman, a California corporation
ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of June ,
19~, by the following vote, to-wit:
AYES: COUNCILMEN McMains McAllister Sparling, Anderson
NAYES: COUNCILMEN None
ABSENT: COUNCILMEN McCorquodale
Mayor of the Cit," of Chula \Lista
ATTEST .`~~ ~"~~c ~v ;ir+~P~/.-C'~/
City Clerk
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• STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula
Vista, California, DO HEREBY CERTIFY that the above and foregoing
is a full, true and correct copy of ,
and that the same has not been amended or repealed.
DATED:
City Clerk
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LEASE AGREEMENT
THIS LEASE made and entered into this 23rd day of June, 1964,
between the CITY OF CHULA VISTA, a Municipal Corporation, hereinafter
sometimes referred to as CITY or LESSOR and THE HANDYMAN, a California
Corporation, hereinafter sometimes referred to as HANDYMAN .or LESSEE.
This lease is approved by Resolution No. 3432 adopted June 3 ,1964.
W I T N E S S E T H:
ARTICLE I
TERM
Section 1. That for and in consideration of the payment by
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Lessee of the covenants hereinafter agreed to be performed, and the per-
formance of the term, covenants and conditions_on the part of Lessee to
be 'p erf ormed which terms, covenants and conditions, although otherwise
designated, shall be construed as conditions precedent to Lessee's rights
and particularly Lessee''s right of possession hereunder, Lessor does here-
by lease unto the Lessee those certain premises described as follows;
A11 that real property in the -0ity of Chu 1a Vista lying
within the Sweetwater Valley Industrial Park, according to
' ~ recorded Map thereof No. 4670, on file in the office of the
- County Recorder, County of San Diego, State of California,
being described as follows:
Beginning at the Northwest corner of Lot 27 of said Map
4670; '
Thence South 71°00'25" West, along the Westerly prolonga-
tion of the Northerly line of said lot, a distance of 68.97 feet
to a point on the arc of a 159. D0 foot radius curve whose center
bears North 43°32'34" East, said point being the TRUE POINT OF .
BEGINNING; '
Thence Southeasterly along the arc of said curve through a
central angle of 8°59'19" a distance of 24.94 feet to the begin-
ning of a reverse curve having a radius of 25 feet and whose
cehter.bears South 34°33'15" West; _
Thence Southerly and Westerly along the arc of said curve
through a central angle of 126°27'10" a distance of 55.18 feet
to the beginning of a comp eund curve ao the right having a
radius of 12 feet and whose center bears North 18°59'35" West;
Thence lesterly and Northerly along the arc of said curve
through a central angle of 900 a distance of 18:85 feet;
Thence North 18059'34" West, 49.00 feet;
Thence North 71°00'25" East 18.93 feet to the TRUE POINT
OF BEGINNING.
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Reserving therefrom an easement for drainage purposes
within the Westerly 6,00 feet of said described parcel.
Also reserving therefrom an easement for water line pur-
{~~- poses to the California Water and Telephone Company, a California
Corporation, its successors and assigns, over that portion of
said parcel lying Easterly of a line parallel with and 77.00 feet
~ Easterly of the centerline of Highland Avenue, as. shown on said
Map No. 4670.
' said premises are further designated on that certain plat attached hereto,
-. r~~ ~ - marked Exhibit "A" and incorporated herein by this reference thereto.
~ ~ Section 2. Lessor hereby leases the said premises hereinab ove
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described in Section 1 to Lessee for a period from and including the 1st
- day of July, 1964, to and. including the 30th day of July, 1572. As
' part of the consideration and in the nature of rent Lessee agrees to
' landscape, plant and maintain the area of the "island" as depicted in
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Exhibit "A", being City Drawing 60-63L, from the Sossth line of Lot 35
to the Southerly end of the said "island" as shown thereon in respect
to matters of landscaping and maintenance satisfactory to the City,
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' Lessee agrees to submit ageneral plan showing the number and type of
planting proposedfor such landscaped area and such plan shall be ap-
proved by the Director of Parks and Recreation of the City before any
work is commenced.
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.Section 3. Lessee shall post a cash or surety bond in farm
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and amount approved by the City Attorney of the City -for the faithful
'_e ~ performance of Section 2 of this Lease and to secure the removal of the
installation as provided for hereinafter in Section'6, Article II.
_ Section 4. Said premises shall be used by Lessee for the sole
purpose of constructing and maintaining an advertising sign.
ARTICLE II
''~:~ Section 1. Lessee agrees that the said installation. shall in
no way interfere with any existing utility. Lessee further agrees that
.. _. ':~~:. .. ~ -. - should any change of location of existing utilities become necessary such'
change shall be at Lessee's sole expense. This provision is intended to
be for the benefit,of such utility as well as the CITY OF CHULA VISTA,
. ~ ~ ~ ~ Section 2. A11 maintenance of said sign and any removal,
reloc of ion, changes or other work or alteration to be performed on or in
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connection with said sign shall be at the sole expense of Lessee, his
successors or assigns and Lessee agrees to hold City harmless and in-
demnify City for any liability or damage in connection therewith.
Section 3. The installation of, construction of, and the
said sign shall comply with all applicable rules, law or other regulation
and shall be constructed substantially in accordance with Plat No. 2234-PP;
prepared by JAGOBS ON NEON and attached hereto as Exhibit "B", and incor-
porated herein by this reference thereto asthough here set forth in full.
Section 4. Lessee agrees to submit plans, specifications and
calculations far said sign as may be required by the Building Inspection
Department of the City in connection withsaid sign and shall obtain a
building permit from City prior to con¢nencement of any work thereon.
Section 5. Lessee agrees to, upon notice by City repair or
replace any portion of public improvements damaged. as a result of the said .
installation; Lessee further agrees to, upon notice by City, remove, repair
or replace any portion of the said installation which becomes defective
during the term of this permit.
Section 6. Lessee agrees, within thirty (30) days after termina-
tion of this lease, to remove such sign and to replace and repair all damage
to the landscaping or premises occasioned thereby and to pay all costs
thereof and of such removal.
Section 7. Lessee hereby agrees to, and shall hold the City of
Chula Vista, its elective and appointive boards, officers, agents and
employees, harmless from any liability for damage or claims for damage for
personal injury, including death, as well as from claims for property damage
which may arise from Lessee, contractor, or any subcontractor's operations
in construction or alteration of said sign, whether such operations be by
Lessee, a contractor, or.by a subcontractor, or subcontractors, or by any
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one or more persons directly or indirectly employed 'by, or acting as agent
for Lessee, or any subcontractor or subcontractors. Lessee agrees to, and
shall defend the City of Chu 1a Vista and its selective and appointive
boards , officers, agents and employees, from any suits or actions at law,
or inequity for damages caused, or alleged to have been caused, by reason
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of the aforesaid operations.
Section 8. Lessee agrees to take out public liability insur-
ante with an insurance carrier qualified to do business in the State of
California and naming Lessee and City as co-insureds to protect them
against loss from liability imp osed. by law for damages on account of
bodily injury, including death resulting there£rom,suffered or alleged
to be suffered by any person or persons whatsoever resu ltingdirect ly or
indirectly from any act or activities of the Lessee or any person acting
for it or under its control or direction, or any person authorized by it
to use the leased premises, and also to protect against loss from lia-
bility imposed by law for damages to any property of any person caused
directly or indirectly by or from the acts or activities of the Lessee
or any person, or any persons acting for it and under its control or
direction, or any person authorized by it to use the leased premises.
Insurance required by this Section shall be cumulative with any required
by Article VIII.
ARTICLE III
NON-LIABILITY OF LESSOR
Section,.l. Lessee shall pay and discharge .prompt ly when due
and payable, and agrees to indemnify Lessor against and save Lessor
harmless from any claims arising out of any destruction of, or injury to,
any goods, wares, merchandise', fixtures, equipment, or effects belonging
to Lessee, his patrons, agents, servants, employees, or others, in or
upon the demised space by reason of any damage whatsoever.
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ARTICLE VI.
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TAXES
Section 1. All taxes, and assessments of every kind and
character whatsoever against the demised premises and/or .the property
of which the demised premises are a part, shall be paid by Lessor prior
to delinquency; provided ,. however, that such taxes and assessments shall
not include any tax payable by Lessee as a condition of doing business or
any franchise tax or license fee levied by the State of California or any
other taxing agency against or upon Lessee, or any tax on any fixtures
owned by Lessee or on any personal property of Lessee, even though the
same might from time to time be levied or charged or become a lien
against the demised premises. Lessee agrees to pay all occupational
taxes and personal property taxes levied upor. the personal property used
in the conduct of the business on said premises.
ARTICLE VII::
INSURANCE
Section 1. Lessee agrees and does hereby bind himself to
indemnify and save the Lessor harmless and free from all claims for
damages both to person and property accruing during the term of this
lease, to any person whomsoever, for injury or injuries to either person
or property, or both, suffered-by any person, firm, association, or cor-
poration whomsoever or whatsoever occasioned by, growing out of, or
arising or resulting from, the Lessee's us'e and occupancy of said premises
and/or any tortious or negligent act or default of the Lessee, its agents
and/or employees, or for which the Lessor would be otherwise liable as the
owner of said demised premises,and to hold the Lessor and said demised
premises harmless from all costs and expenses of every kind, paid or incurred
in connection with any and all claims for such damages and the defense of
any and all actions brought thereon, or on account thereof, inc luding reason-
able counsel fees; and the Lessee hereby agrees that he will, at his own
cost and expense maintain in force insurance policy or policies in respon-
Bible insurance companies, insuring both Lessor as named co-insured and
Lessee against liability for damages which may be occasioned to any person
or property while upon said demised premises, or any part thereof, with
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.. coverage of not less than One Hundred Thousand and No/100 Dollars
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($100,000.00) for injury or death to any one person, and not less than
Two Hundred Thousand and No/100 Dollars ($200,000.00) to more than one
~.(: person in any one accident,and not less than Five Thousand and No/100
Dollars ($5,000.00) for damage to property. Lessee further agfees to
deliver to Lessor for Lessor's inspection at any time upon demand of
the Lessor, all Insurance policies provided for in this Lease to be
carried by the Lessee.
ARTICLE 4III
~~ DEFAULT
s.` ,, I'„~'. Section 1. Each and all of the provisions of this Lease shall
~. - likewise be construed as express conditions precedent to be faithfully
. and fully performed and observed by Lessee to entitle him to continue. in~
possession of said premises, and time is the essence hereof; if there
should be any default by Lessee in the observance or performance of any
,'-~ of the provisions, terms or conditions hereof, which continues fox a
period of ten (10) days after written notice to cure such default, Lessor
!;;- ~ shall have the right at his option to re-enter and take possession of the
~. demised premises and the whole thereof, with or without process of law,
_ and Lessor shall have the further option, which, if exercised, shall be
_ evidenced by written notice to Lessee, to terminate and forfeit this Lease,
' ~. whereupon Lessee shall be deemed to have abandoned and forfeited all of his
'. rights hereunder, and this Lease shall be at an end upon the giving of such
'"~ ~ notice. Lessor shall have the same right upon Lessee's abandonment of the
premises as upon Lessee's default. Provided, however, that if the default
complained of (money payments excepted) is of such a nature that the same
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such default shall be deemed to be rectified if Lessee shall commence within
- ~ such period to comply with the provisions hereof which have been breached by
~j ~; - ~ him and if Lessee shall thereafter proceed with all diligence to rectify such
default.
Section 2. It is expressly agreed that neither the institution
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of any proceedings by way of unlawful detainer, ejectment, quiet title
or otherwise to secure possession of said premises, nor the re-entry by
Lessor with or without the institution of such proceedings,. nor the re-
senting of said premises, shall operate to terminate or forfeit this
Lease in its entirety, nor of itself constitute an exercise of the option
so to do, but only by the giving of written notice herebefore provided
for shall such forfeiture and termination be effected.
Section 3. Lessor may from time to time, at his option, exercise
all rights and remedies which Lessor may have either at law or in equity
and nothing herein contained shall in any manner abridge, impair or waive
any such rights or remedies, nor shall the exercise of one or more rights
or remedies by Lessor impair the right to exercise any other rights or
remedies, but the same shall be cumulative.
ARTICLE 7X
NOTICES
Section 1. .Service of any notice or notices or demands re-
quired or permitted to be given hereunder sha 11 be sufficient if delivered
to any of the Lessee personally, or if sent by United States registered mai 1,
postage prepaid, to Lessee, addressed care of demised premises or else- _
where as Lessee may designate from time to time in writing.
ARTICLE Xi.:
HOLDING OVER
Section 1. Lessee agrees that upon the termination of this
Lease, to peaceably give up and surrender possession of the demised
premises to the Lessor.
Section 2. In the event Lessee shall hold over and remain in
possession of the demised premises after the expiration of the term of
this Lease, Lessee's tenancy shall be~up on a month-to-month basis on 1y,
subject to all the provisions of this lease (except as to term); pro-
vided that this shall not be construed as a continuing month-to-month
Lease, but Lessor may give notice oft ermination and notice to vacate
at any time after the expiration of the term of this Lease finlike manner
as required by law .in the event Lessee fails to surrender quiet and
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peaceful possession of the demised premises after the expiration of
this Lease.
ARTICLE XI:.
ASSIGNMENT
Section 1. This Lease or any interest therein shall not be
assigaed, sub-let or hypothecated, either voluntarily or involuntarily,.
by the Lessee without the .prior written consent of the Lessor.
ARTICLE XII:':
WAIVERS
Section 1. Any consent, waiver br compromise by Lessor of'or
in connection with any of the provisions of this Lease, or~with respect
to any breach or default hereunder by Lessee, shall not constitute nor
be construed as a waiver of Lessor's right to enforce strict. interpre-
tation, performance and observance of the terms and conditions hereof by
Lessee. at all other times and as to the same and all other matters herein '
contained. Any consent or right given by Lessor to the subletting of said
premises, or any portion thereof, or to the assignment or hypothecation of
this Lease, or any interest therein, except as herein provided, shall not
be construed as a consent to any other subletting or assignment, or as a
waiver of Lessor's right to object thereto. Any sublease or hypothecation
or assignment made without Lessor's written consent, except as herein
provided, sha 11 at Lessor's option beof no effect, and if Lessor elects
not to grant consent, except as herein provided; they may re-enter said
premises and dispossess such assignee, sub=tenant or licensee, but such
re-entry shall not affect the obligations of Lessee hereunder unless
Lessor elects to terminate this Lease in the manner hereinbefore pro-
vided for Lessee's default.
ARTICLE XIII
LITIGATION
Section 1. If Lessor, without any fault on his part, is made
a party in any litigation involving Lessee and/or any person or persons
lawfully claiming under Lessee, or if Lessor c ommences any action against
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Lessee to protect or enforce any of Lessor's rights hereunder, and pre-.
wail therein, or i£ Lessor prevails in any action or proceeding by
Lessee against Lessor, Lessee will pay to Lessor a reasonable attorney's
fee in each such action, the amount of such attorney's fee to be deter-
mined by the Court in which such action is brought and.to be made a part
of the judgment therein.
Section 2. If Lessee, without any fault on his part,-be made
a party in any litigation involving Lessor and/or any person or persons'
lawfully claiming under Lessor, or if Lessee commences any action against
Lessor to protect or enforce any of Lessee's rights hereunder, and pre-
wail therein, or if Lessee prevai lsin any action or proceeding by Zessor
against Lessee, Lessor will pay to Lessee a reasonable attorney's fee to
be determined by the Court in which such action is brought and to be made
a part of the judgment therein.
ARTICLE X1V
MISCELLANEOUS
Section 1. The covenants and conditions herein contained shall,
subject to the provisions as to assignmeffit, apply to and bind the heirs;
successors, executors, administrators, sub- tenants,;, and assigns of all of
the parties hereto; and ~a 11 of the parties hereto shall be jointly and
severally liable hereunder.
Section 2. _The captions used as headinzs of the various
Articles hereof are for convenience only and are not to be considered as a
part of this Lease or used in d etexmining the intent or context thereof.
DATED: This23rd day of June 1964.
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LESSOR - LESSEE ~ C~ ~ G(
THE CITY OF CHULA VISTA
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