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HomeMy WebLinkAboutReso 1955-1717 Resolution No. 1717 Lease Agreement Post office building : J . . . � • � - ,.I . � ,�- � .: ' , . . - � - � � . . � . . . ' , . _ _ - • ° � o � %. � ' . . . � . ' ..i � .' ' . . r , � ' , � . ' �' , . . . : RESOLUTIuN N0. 1717 Y . . RESOLUTION APPROVING I;EASE AGREEMENT FOR.CONSTHUCTION OF.POST OFFICIs BUILDING . . _\ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF � CHUI�A YISTA AS FOLLOWS: " � . '•' That that certain agreement. for the constraction of a Post Office Bnilding,�copy of which is attached hereto - and made a part and parcel hereof �is hereby approved, and " / ' the Mayor and �y' Clerk of the City of Chu1a Vista are hereby. authorized to execute the same for and on behalf of said City� _ � . „ . ; . r . . . . _ . . � . . -: -. , - I ' � ' � . � � • . : ADOPTiD AI�i. APi'ROJFJ b;; ti�e i;IT'i CJ!'Plv_TL of ••,he CITY OF CHIIT�A VISTA, Q1L�'C;�''I.G, �siis lOth dc:J �= Ma� 19� b�,t tiie iollar:ing eote, �o-:.�t: A°�..;�: COL;�ICii�r_?I Rad�,��r�a_Yj�nsell, Smith. DeWolPe ?�L•'�YS: COL'iCIL:•��lti r�� ABSLA�T: 4OLI:.�i:u,1L'ci None � �'. ,— � � ����' or�0� Layor o� ' e C��� o :u� a;sta. ATT"rST�'��-,�'s,�-='��/C�.�y��G� City�erk 7 II STA':E OF CAL�'acZ'�L1 ) COtIh�' Q� SAh? Du.^,0 ) ss. • . CI'iY 0"i� C3iL��A 4ISTA ) I� __ _� C'u,; Cie°'s o£ tiia City oS Chsla Vista, California, DO i�Di�.=F C�.°Sr? ti�:.t th� above and foregoin� 9.s a Fu2�� true a:id correct copy ��i Resolutior. ido. , �r.d t}iat the sa,..c has not been ' 87[LC^CICCI OZ' Y':;F!':,�.E;G. � ' ���i � . �;�. ;T GiEPS � LfiASE AGAEEMENT THZS AGREEt�NT, made this lOth day of t,rav , Lease Agreement Jonathan Manor inc. 1955, by�d between the CITY OF CHULA VZSTA, a Afunicipal corporation� hereinafter referred to as "Lessor°� and JONATHAN M9NOR� INC. , a California corporatioa� herein- after referred to as "Lessee", W I T H E S S E T H: WHEREAS, Lessor is the owner of certain land hereinafter described in the City of Chnla Vista which �� :�_ ii�� Lessee desires to lease for a term of thirty �3Cfs years for the purpose of erecting thereon a post office building; and WHEEEAS, Lessee mill cause to be erected on said _ land a post ofYice building in accordance vith general plans and specifications approved,by the United States Government, Postal Department, and in aecordance with general architectu- ral designs first approved by Lessor� vhieh approval Lessor will not arbitrarily or nareasonably withhold. HOW� TF�REF'ORE, in consideration of the foregoing and the mntual covenants herein contained, the parties hereto do hereby contract and agree as follovs: • 1. The foregoing recitations are hereby incorpora- ted in and made a part of this lease. 2. Lessor does hereby demise and lease to Lessee and Lessee does hereby lease and take from Lessor that certain - 1 - '` i . , _ . . l.L`-L- L�a`_l - Q-/7�7 real property located in the City of Chnla Vista� County of �Los Angeles� State of California� more particularly � described in the schednle attached hereto and made a part hereof. F �r� ��.:-. 3• The term of this lease shall be thirty � years commencing on the date hereof; proeided� hovever, that there shall be added before said thirty (30) year term the additional time elapsing between the date hereof and the time when said post office bnilding is completed and the lease thereof to the IInited States Government, Postal Department, commences. The purpose of the latter provision is to permit Lessee to enter into a lease of said bnilding for up to a full term o£ thirty (30) years vith the IInited States Govern- - ment� Postal Departmeat. When the commencement date of the regular thirtq (30) year term of this lease becomes ascertained, th_ parties hereto shall eaecute and deliver to each other in - _ duplicate a memorandum setting forth the commencement and " termination dates of said thirty (30) year term. 4. Lessee shall pay to Lessor as rent during the entire term of this lease the sum of Ten (�10.00) Dollars per year, payable annually in advance. - 5• Lessee shall erect or cause to be erected upon said real property said building to be leased to the IInited States Government, Postal Department, Por use as a post office for the City of Chula Vista. Lessee shall commence work not later than June 15� 1955, and shall prosecute the same dili- _ gently to completion, eacept for delays occasioned by acts of Lessor, inclement weather� strlkes, riot, insurrection, fire, - 2 - action of the elements� government regulations or restrict- ions� shortages of labo� and/or materials aad other causes � beyond the control of Lessee. Said building shall be built in accordance with the general plans and specifications _ .___- approved by the IInited States Government, Postal Department, and in accordance with general architectural designs first approved by Lessor, which approval Lessor will not arbi- trarily or unreasonably withhold. In the event said bnilding ceases to be used and operated as a post office building� this lease shall be terminated without notice, and said bnilding shall revert to and belong to Lessor upon payment by Lessor to Lessee of aa amount equal to the depreciated cost price of said building based upon a thirty (30) year liSe which is to be depreciated in thirty (30) equal annual installments. � 6. Lessee may assign this lease or sublet the leased premises to the IInited States Government, Postal Department; provided that no such- assignment or subletting shall release or relieve Lessee from its contractual obli- gations hereunder. '7. For the purposes of this lease, the cost of said building is hereby fised and determined to be Ninety- Sia Thousand ($96,000.00) Dollars. 8. Lessor shall not be called upon to subordinate , this lease or the legal title to said real property to any deed of trust� mortgage or lien ezecuted bp Lessee in connect- � ion vith the leasehold. - 3 - 9, Zn the event this lease is terminated prior to its stated term� the amonnt p�yable by Lessor to Lessee _ as provided for in paragraph 5 hereof may be paid by Lessor to Lessee at any time in a lump sum or in annnal install- ments equal to the yearly depreciated valne of said baild- ing, based upon the cost price. 10. Said building shall be constrncted in accordance with all ordinances, laws and regulations of the City of Chula oista. 11. Lessee shall not suffer any mechanics' or materialmen's lien to remain unsatisfied after the same - has resulted in a final adjudication of foreclosure. Lessor shall have the right to enter upon said real property and post notice of non-responsibility. - 12. In the event that said building is not erected and substantially coopleted within one (1) year from and after the com�encement of construction (except for causes stated in paragraph:•5 hereof) Lessor shall 6ace the right at � any time thereafter but before said building is substantially � completed, to terminate this lease b� giving Hritten notice to that effect to Lessee, In the event of a termination of - . this lease pursuant to this paragraph, any improvements placed thereon xill become the property of Lessor without ar.y payment therefor. , -4- 13. IIpon the ezpiration or ;ooae* ternination of this lease� said building shall revert to and become the property of Lessor (subject to the payments of the sums herein specified where payment is called £or herein) , and this provision is a part of the consideration for the exe- cution of this lease agreement. IBT WITN£kSS WHEREOF the parties hereto have here- nnto set their hands and seals the dap and year first above - written. CITY OF CHiTLA VIST9 co By �'LL�- � > > n��D/�• ?fayor (Lessor ) : . - � � . ATT=;ST: � ���� - - CSty C1 of the City o Chu1z Uista TONATH MANOR� INC. BY " / � - G=• . (Les ee) STA1� 0.+' C�Ll?'�J3IdIS� COL"?v'PY 0� S�t� �I���O) S5, ` On this 12th day of F%av , 19>5, oefor= rae, the undersigned, a t7o�ary Patlic in and £or sazd County, pe;sonally appeared DA�S� fd, SA?P Know-n to me to oe the rresident JONAT6AN ?L^-d�0? T�vC of the Corporation � that exscuted ths within Irst:ament known to �a= to be the pe�sons who , � . ' 2X0Clii.2ti i,h2 'v._�?]�n In�cru.:,en�, 07! �'J�}?d�.f Of i,h2 Corporation L:!8rg1^ Rc'70d . ' � ' 3inC1 2C�F^Ol':1°C-o^8G �O IDB Ltla� sach Corpor2tiOt1 BXBCIIL�G Lt72 Sd.^!0� i�?'93SS my hand 2nd o=�ici21 seal, /� - 5 - /,l�t�...�.� �..2P i No��ry �uolic �n and for saic Coanty & ��2te. _ ' . � . nt;�e-::.:es.,...=::Lire�nec,1,'95R 7,�AL DFSCRTPTION � .� �" � : CAUIt1 i�ISTA P(�T OFPICS SITE The Yfester�v 173.00 feet of the 3aster�y 237•39 feet of the Souther�y 116.00 feet of Lot 13 of Quartsrsection � - � . 1119 of Chnla Vista� in the City of Chula �ista, Coimty oP - _ � San Diego, State of CaliPorria, accoxding to Eiap thereof � . h'o. 505, filed L:arch 13, 1888 in the Office of the Coanty/��Y`�J . " � Recorder af said San Diego Co:mty; coat �a_*+ing 20,068 sqnare feet.