HomeMy WebLinkAboutReso 1955-1792 •t
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RESQIaUTION NO. ' 1792 j
RES'OLUTON APPROVING AMENDMENT
t TO LEASE AGREEMENT
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BE IT,RESOLVED, BY.THE, CITY ,COUNCIL OF THE CITY OF•
'CHULA VIST'A., CALIFORI A,' AS .FOLLOWS:: ' •1 ..
That that certain,Amendnent to Lease Agreement,
between the City of Chula Vista,- a -Municipal Corporation
and Jonathan Manor, Inc. , a, California -Qorporation, a
copy of which is attached hereto and made a part and par.•
cel thereof, as if set forth herein in full, is hereby ap-
proved and the Mayor of said City is hereby authorized
and directed to execute fhe same on behalf Of said City
of Chula Vista.'
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 8th day of November 1955
by the following vote, to wit:
AYES: COUNCILMEN Rader, DeGraaf, Mansell. Smith, neMblfe
NAYS: COUNCILMEN None
ABSENT: COUNCILMEN None
May or of tue ot� Vista
•ATTEST �..:1 i
ity C er
STATE OF CALIFORNIA )
COY OF SAN DIEGO ) ss. '
CITY OF CHULA VISTA )
I, KENNETH P. CA?'PBELL, 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 Resolution No. , and that the same
has not been amended or repealed.
DATFT)
City Clerk
NITWIT
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AMENDMENT TO LEASE AGREEMENT
THIS AGREEMENT, made this 8th day of November
1955, by and between the CITY OF CHULA VISTA, a Municipal
corporation, hereinafter referred to as "Lessor" and JONATHAN
MANOR, INC a California corporation, hereinafter referred to as
"Lessee";
WITNESSETH:
WHEREAS, the parties hereto have heretofore entered into
a lease agreement dated May 10, 1955, under the terms of which
Lessee has leased from Lessor that certain land in the City of Chula
Vista, County of San Diego, State of California, described as follows:
The Westerly 173.00 feet of the Easterly 237.39 feet
of the Southerly 116.00 feet of Lot 13 of Quartersection
149 of Chula Vista, in the City of Chula Vista, County
of San Diego, State of California, according to Map
thereof No. 505, filed March 13, 1888 in the Office of
the County Recorder of said San Diego County; containing
20, 068 square feet;
and
WHEREAS, the parties hereto are desirous of amending said
lease;
NOW, THEREFORE, in consideration of the foregoing and
the mutual covenants herein contained, the parties hereto agree as
follows:
1•. That portion of the recitation in the preamble to the said
: lease on line 9 of page 1 which refers to a term of thirty (30) years is
hereby amended to provide for a term of twenty-five (25) years.
2. Paragraph 3 of said lease is hereby amended to provide as
follows:
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3.. The term of this lease shall be twenty-five (25) years
commencing on the date hereof:
3. Paragraph 5 of said lease is hereby amended to read as follows:
5. Lessee shall erect or cause to be erected upon said
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real property said building to be leased to the United States
Government, Postal Department, for 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 diligently to completion, except for delays occasioned
by acts of Lessor, inclement weather, strikes, riots,
insurrection, fire, action of the elements, government regu-
lations or restrictions, shortages of labor and/or materials
and other causes beyond the control of Lessee. Said building
shall be built in accordance with the general plans and
specifications approved by the United States Government,
Postal Department, and in accordance with general
architectural designs first approved by Lessor, which approval
Lessor will not arbitrarily or unreasonably withhold. In
the event said building ceases to be used and operated as a
post office building, then and in such event, the Lessor shall
have the following rights:
A. It is recognized that Lessee is securing an
insurance company loan by the hypothecation of this
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lease in the amount of approximately Fifty-five
Thousand Dollars ($55, 000.00). In the event said
building ceases to be used and operated as a post
office building prior to the repayment of said loan,
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this Lease shall continue in full force and effect;
provided, however, that the Lessor by giving a
• written notice to Lessee, and any assignee of Lessee
:: . . within thirty (30) days from the date when said
building ceases to be used as a post office building
of its intention to assume possession of said building,
shall be entitled to the immediate use and occupation
of said building and shall have the right to utilize
it for any purpose whatsoever and shall be entitled
to all rents and profits from the said use and
occupation. In such event the Lessor shall pay to
Lessee or its.assignee in the manner set forth in
Paragraph 9 of this Lease an amount equal to the
depreciated cost price of said building as of the date
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Lessor assumed possession of said building based
• upon a thirty (30) year life with the depreciation to
:: be computed in thirty (30) equal installments.
Failure on the part of Lessor to give the
aforesaid written notice of intention to assume possession
within thirty (30) days from the date when said building
ceases to be used as a post office building shall be deemed
as a waiver by Lessor of its right to assume possession
of said building.
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In the event Lessor has assumed possession as
hereinabove set forth prior to the repayment of the said
loan, then, and in such event, this Lease shall be deemed
automatically terminated when the said loan has been
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repaid.. The Lessor shall thereupon pay to Lessee
in the manner set forth in Paragraph 9 of this Lease
an amount equal to the depreciated cost price of said
building as of the date Lessor assumed possession
17 based upon a thirty (30) year life with depreciation
to be computed in thirty (30) equal installments,
which amount shall be reduced by all payments made
by the Lessor to the Lessee or its assignee between
the time the Lessee assumed possession of the building
and the date of termination.
Be In the event said building ceases to be used and operated as
• • • a post office building after the repayment of the aforesaid loan
this Lease may be terminated by the Lessor by said Lessor
giving a written notice of such termination to the Lessee
within thirty (30) days from the date when said building ceases
• to be used as a post office building. Failure on the part of Lessor
to give the aforesaid written notice of termination within said
thirty (30) day period scan be deemed as a waiver by Lessor
of its right to terminate said Lease. In the event of such
termination by Lessor, the Lessor shall pay to Lessee in the
manner set forth in Paragraph 9 of this Lease, an amount equal
• to the depreciated cost price of said building as of the date
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. of said termination, based upon a thirty (30) year life with
depreciation to be computed in thirty (30) equal installments.
4. Paragraph 9 of said lease is hereby amended to read as follows:
9'.' In the event this lease is terminated prior to its stated term,
or in the event this lease continues in full force and effect after
resumption of possession by Lessor pursuant to Paragraph 5
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of this Lease, the amount payable by Lessor to Lessee j''
as provided for in Paragraph 5 hereof may be paid by tom+
Lessor to Lessee at any time in a lump sum or in
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annual instaljments of $4500.00 or more. said annual
installments shall be payable commencing within sixty
(60) days after the Lessor gives Lessee written notice
of termination of this Lease or within sixty (60) days
after the Lessor gives Lessee or its assignee notice of
its intention to resume possession pursuant to the terms
of Paragraph 5 of this Lease. As to any amounts payable
by Lessor to Lessee in this connection Lessor does
hereby waive any right of off-set that it may have against
Lessee.
5. Lessee shall have the right to mortgage, sell or assign its lease-
hold interest in the demised property; provided, however, that any
such mortgage, sale or assignment shall be subject to Lessor's legal
title to said property and to all of Lessor's rights under the terms of
the lease between the parties hereto and this amendment to said lease,
and further provided that such sale, •mortgage or assignment shall be
binding upon the Lessor only upon written notice executed by Lessee
.. and such vendee, mortgagee or assignee.
6. In the event Lessee shall fail or omit to perform any of the terms,
covenants and conditions of this lease, the term of this Lease shall
expire after thirty (30) days notice, in writing, to the Lessee and to
any other party to whom Lessee has mortgaged, pledged or otherwise hy-
pothecated its leasehold interest; provided that such party has given the
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Lessor written notice by registered mail of such mortgage, pledge
or hypothecation- The- Lessee or such other party to whom Lessee
na has mortgaged, pledged or otherwise hypothecated its leasehold
interest shall have the right to cure said default during said thirty
(30) day period.
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71. Lessee represents and agrees that the building upon the de-
mised property is now and will hereafter be kept free and clear of all
liens other than ordinary and customary tax liens for current taxes.
8. Except as specifically amended herein the said lease of
May 10, 1955, between the parties hereto shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written:
CITY OF CHULA
A.! . IS A
By altil ,(.- 31-{.
Maya
(Lessor)
ATTEST:
erk of the Cite of Chula Vista
41. YS`* r .% JONAT., MANOR, INC..
By
$, (Les/-)
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STATE OF CALIFORNIA )
- . ) SS;.
• COUNTY OF SAN DIEGO )
On this /Q day of I (�)1�%G(�X�� �. 1955, before me,
, ,' the undersigned, a Notary Public in and for said County, personally
• appeared DAVID MI: SAPP known to me to be the President of
,, JONATHAN MANOR, INCA:•, the corporation that executed the within
, instrument and known to me to be the person who executed the within
instrument on behalf of the corporation therein named and acknowledged
to me that such corporation executed the same.
. WITNESS my hand and official seal.
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