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HomeMy WebLinkAboutReso 1945-710 • ` i "'1" . RESOLUTION NO. 710 . tla HER ;AS, the ROHR AIRCRAFT CORPORATION, a corporation created under the Laws of the State of California, is con- structing industrial buildings on tidelands belonging to the City of Chula Vista, and WHEREAS, the ROHR AIRCRAFT CORPORATION owns consider- able property, buildings, machinery and equipment adjacent to certain tidelands of the Bay of San Diego, lying within the City of Chula Vista, County of San Diego, State of Cali- fornia, and WHEREAS, it is desired that a portion of the tidelands of the Bay of San Diego, belonging to the City of Chula Vista • and adjacent to property now owned by the ROHR AIRCRAFT COR- PORATION be used. by the ROHR AIRCRAFT CORPORATION in connec- tion with its present war activity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that the Mayor of the City of Chula Vista is hereby authorized to execute a lease to the ROHR AIR- . CRAFT. CORPORATION for and on behalf of the City, and the City Clerk of the City of .Chula Vista is hereby authorized and di- rected to attest his signature thereto, a copy of which lease is attached to this resolution, 'marked "Exhibj.t A" and made a part hereof, the same as if fully 'set forth in this resolu- tion. PASSED AND ADOPTED at a,,t effieei regular meeting of the City Council held on the 12th day of March, 1944; by the following vote, to wit: , COUNCIL EN: HOWE BURNSIDE, EIDDER, RIESLAND, KEITHIE Y ti 1*0 6; COUNCILS/EN:' NONE L 't A4';NT Councilmen: NONE IA APPROVED: / 4 • ,/ ayor —"City Clerk • • LEASE• • THIS LEASE, made in triplicate, this 12th day of March, 1945, by and between the CITY OF CHULA VISTA, a nun- • icipal corporation in the County of San Diego, State of California, hereinafter sometimes called the "City", and ROHR AIRCRAFT CORPORATION, a corporation created under the • laws of the State of California, hereinafter referred to as "Lessee", • WHEREAS, the CITY OF CHULA VISTA is the owner of certain tidelands of the Bay of San Diego, lying within the • City of Chula Vista, County of San'Diego, State of California, • and 't I EREAS, the Lessee is the owner of certain. property in the City of Chula Vista, State of California, adjacent to • - a portion of the tidelands owned by the City of. Chula Vista, as above mentioned, and WIEREAS, the Lessee is desirous of obtaining a lease on a portion of said tidelands for the purpose of using said tidelands for industrial purposes, and • WHEREAS, the City has agreed, ih consideration of the sum of One Dollar ($1.00) and other valuable consideration paid .by the Lessee, receipt of which by the City is hereby • • acknowledged, to lease to said Lessee certain of its tidelands • as hereinafter described, •NOW, THEREFORE, this Lease witnesseth as follows: I In consideration of the sum of One Dollar ($1.00) this day in hand paid by said Lessee to said City, the receipt :.. . whereof is hereby confessed and acknowledged, said City hereby leases to said Lessee for a period one one (1) year from March -1- .. 4.. 7/O Cot-K - got • • • • • 1, 1945, the following described property, to wit: "A portion of the tidelands of the Bay of San Diego lying within the City of Chula Vista, County of San Diego, State of Califor- nia, described as follows: • Commencing at Station No. 113 on the mean high tide line of the Bay of San Diego as established by d'Hemecourt; thence N. 200 12' 00" W. along said mean high tide line One Hund- red Fifty-five and Twenty-four hundredths (155.24) feet to a point, being the true starting point for this description; thence Mesterly and para- llel with the extension of the Southerly line of H Street a distance of One Hundred Thirty (130) feet; thence Northerly and at right angle with the extension of the Southerly line of H Street, a distance of Five Hundred Nineteen (519) feet, more or less, to the extension of the Southerly . • line of H Street; thence Easterly and parallel with the extension of the Southerly line of H Street One Hundred (100) feet, more or less, to a point in the said mean high tide line; thence • Southerly along said mean high tide line through Station No. 112 to the true point of beginning," said property being enclosed in red lines on Blueprint No. M.246 dated March 25, 1944, attached hereto and made a part hereof. II Said Lease is hereby made subject to the following terms and conditions, to wit: • (a) Said Lessee shall have the right to use said land for industrial purposes and to build all proper and usual accessories suitable for the same, together with the right of ingress thereon and egress therefrom. (b) Lessee to pay as rent for said premises the sum of Two'Hundred Fifty Dollars (250.00) on the date of the exe- cution of this instrument, as rental for the term of this lease. • (c) Lessee, at its option, shall be entitled to the privilege of eighteen (18) successive renewals of this Lease, . each such renewal to be for a period of one year, at a yearly rental of One Dollar (1.00) payable on March 1, 1946, and -2- • • • each year thereafter, 'and to be subject to all the terms • and conditions of this instrument; and failure of the Les- . . . see to give written notice ninety (90) days in advance of the expiration of this Lease or any extension thereof of its desire to cancel the same to be considered as conelus- ive evidence that said Lessee desires to continue said lease • in full force and effect for one year from and after the date of expiration of this Lease or any extension thereof and be accordingly bound.. (d) Lessee agrees that it will only use the property • 0 hereinbefore described for industrial purposes. • • (e) This Lease may be assigned by the Lessee without the written consent of the City to any Governmental agency, but said Lease or any rights or privileges thereunder shall not be otherwise assigned without the written consent of the City, evidenced by resolution duly and regularly passed and adopted. (f) At no time during the life of this Lease shall the City of Chula Vista be required to make any improvements on or for the benefit of said lands hereinbefore described. • (g) The City reserves the right to make such improve ments for the development of facilities of the Bay of San • Diego, for the purpose of navigation and commerce and the fisheries at` such time and in such manner as may be provided • • in any general plan of harbor improvement adopted by the. Council of said City, or by the City of Chula Vista. • • (h) The said Lessee agrees to keep all improvements placed upon, over, or under said demised premises in good re- pair and condition at its own cost. -3- • • (i) The Lessee agrees to indemnify, protect and hold harmless the City from any claims for liability or property damage which may be made against the City by rea- son of the ownership, use or operation of the property here- in demised. • (j) In the event the Lessee shall fail to fulfill in any manner the uses and purposes for which said Lease is grant- . ed, as .hereinbefore stated, or shall fail or refuse to per- . form the obligations undertaken by it under this Lease, or shall violate any of the terms or conditions herein expressed, and shall persist in any such failure or refusal for a period of thirty (30) days after receiving written notice from the City requiring it to comply with the provisions of this in- strument, in any and all respects wherein the.Lessee may be in default, then, and in that event this Lease shall terminate and said Lessee shall have no further rights hereunder, except • the right of removal of improvements placed thereon by the Les- see, and said Lessee shall thereupon forthwith remove from said premises and shall have no further right or claim there- under and the City shall immediately thereupon, without recourse to the courts, have the right to enter upon said premises and • take possession of same and everything located thereon and said ' Lessee shall forfeit all claims and rights thereto and there- . • ' under. ' (k) The City shall have the right to cancel this Lease upon one hundred twenty (120) days' notice in writing, provided the United States Government or any agency thereof should fill the tidelands of San Diego Bay adjacent to or in the immediate vicinity of.the property hereinbefore described, and an airport • -4- • • should be constructed by a Governmental agency upon said • filled tidelands, and such improvements or use of said land shall interfere with the operation of said airport, in which event the City will use its best efforts to grant to Lsbee • a lease on other tidelands so that Lessee shall have access . to property owned or leased by Lessee. III Upon the expiration or termination of this Lease, the • Lessee shall have the right, but shall not be required, to re- move from said premises such buildings, structures, appliances and appurtenances as may have been constructed by it upon, .over or under the property covered by this lease. IV In the event of the assignment of this Lease other than • to a government agency, such assignee will take its interest under this Lease subject to the following additional. conditions: (a) Such Assignee shall, if requested by the City, fur- nish a bond to the City guaranteeing, upon the termination or cancellation of this. Lease, the removal within ninety (90) days after written demand by the City of any buildings, structures, • appliances and appurtenances that may have been constructed upon, over or under the property covered by this Lease, and if same are not removed by such Assignee within said period, same shall . . become the property of the City if the City shall so. elect. • (b) , Such Assignee shall carry public liability and prop- • erty damage insurance upon the premises covered by this Lease, • and shall indemnify, protect and hold harmless the City from any claims for liability or property damage which may be made against the City by reason of the ownership, use or operation bf said property, and the said Assignee shall furnish evidence of said insurance to said City. -5- • • (c) Such Assignee shall have the right to erect any buildings or. improvements on the hereinbefore described • • premises during the term of this Lease or any extension there- . . • - of, provided, however, all buildings and improvements to be erected or placed on said premises shall comply with all ap- plicable ordinances of the City of Chula Vista and the plans • • therefor shall be submitted to and approved by the Planning • Commission of the said City, providing, however, that said • buildings and improvements shall not in any way interfere with • any harbor development plan of .the City of- Chula Vista. (d) Such Assignee will remove any structures or build- ings placed or erected on the hereinbefore described premises by such Assignee, the Lessee, or any prior Assignee, as shall interfere with carrying out the adopted habor plan of the City • of Chula Vista in any manner whatsoever, at its own cost and expense, and without any claim or right to damages or compen- sation therefor; provided only, that said Assignee shall not be disturbed in the possession and use of said premises to • • any greater degree than is necessary in the carrying out and • . • completion of said general plan of improvement. • (e) In the event such Assignee shall fail to fulfill in any manner the uses and purposes for which said Lease is granted, as hereinbefore stated, or shall fail or refuse to • perform the obligations undertaken by. it under this Lease, or shall violate any of the terms, or 'conditions herein ex- pressed, and shall persist in any such failure or refusal for a period of thirty (30) days after receiving written • notice from the City requiring it to comply with the provi- sions of this instrument in any and all respects wherein the • Assignee may be in default, then, and in that event this • Lease shall terminate and said Assignee shall have no further • -6- • rights hereunder, except the right of removal of improve- ments placed thereon by said Assignee or the Lessee, and said Assignee shall thereupon forthwith remove from said premises and shall have no further right or claim thereunder and the City shall immediately thereupon, without recourse to the courts, have the right to enter upon said premises and take possession of same and everything located thereon and said Assignee shall forfeit all claims and rights thereto and thereunder. .IN WITNESS WHh.'.EOF the parties hereto have caused their corporate seals to be hereunto affixed, and these pres- ents to be signed by their duly authorized officers the day • and year first above written. ATTEST: CITY OF CH LA VISTA, a Igunici•al Corporation, City Clerk BY 0s _:44 :. /layor. Secretary. ROHR AIRCRAFT CORPORATION, BY c—,7L1-0Q F.A2.„ • • • -7- STATE OF CALIFORNIA, ) ( SS. COUNTY OF SAN DIEGO. ) • • Before me, the undersigned authority, on this day. • • • personally appeared RALPH NEITHLEY, the Mayor of the City of Chula Vista, a municipal corporation, and HERBERT V.ERYANT, the City Clerk of said City, known to me to be the persons • • and officers who are subscribed to the foregoing instrument • and acknowledged to me that they executed the same as the act and deed of said City for the consideration and purposes therein expressed and in the capacity therein stated. Given under my hand and seal this 12th day of March, 1945. Notary.';Public in an said . County and Sta . My Comm:_.,.cl E C t la-45 • STATE OF CALIFORNIA, ) ( SS. COUNTY OF SAN DIEGO. ) On this 22nd day of March, 1945, before me, Guy M. Harrington , a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared Fred H. Rohr known to me to be the President • of ROIL AIRCRAFT CORPORATION, the corporation that executed • • • the within instrument, and knownfto me to be the person who executed the within instrument on behalf of said corporation therein named, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and af- • fixed my official seal the day and year in this Certificate . first above written. . . otary ''ublic in and f.r said • Cou y and State. -8-