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HomeMy WebLinkAboutReso 379-1932364 RE3OLUTION AUTHORIZING LEASE, RESOLVED by the 0ity Council of the 0ity.of South San Frsnoisco that the 0ity of South San Francisco lease of 0. H. THOMSON. of the 0it~ a~ 0o~t~ of San Fr~cimoo, State of 0~lifomia. ~e l~d here~fter described, u~on the te~s ~nd co~ditio~s met for~ in the le~se ~roposed for that ~urpose, of which ~roposed lease the foll~ln~ is a "~IS L~SE, .ma~e this~lB~ da~ of A~ril, 1932, between 0I~ 0F 2~ F~CI800, a suicidal oorpo~t~on, in the Oo~t~ of ~ ~teo, State of 0alifomi~, Lessor, and G. H. TH0~O~, of the 0it) ud 0o~t) of ~n Fr~oisco, ~ate of 0alifornia, Lessee, WITN~8ETH: That s~id lemso~ does hereb)- le~se, let and demise ~to said lessee t~t certain real ~ro~erty eituste in. the Oit~ of South 8an. Fr~o~oo, Oo~t~ of San ~teo, State of 0alifornia, ~d ~artic~arl~ described am fol!ows, to-wit: BE~I~I~G a~.a ~o~nt which is distant '. nor~ . 2670 feet and west ~57,0~ feet from ~e intersec~o~ of the centerline of Gr~d Avenue wi~ ~e centerli~e of 8~nce Avenue, as s~id Avenues are showD on ~hat certai~ ma~ entitled "So~th ~n Fr~cimco, P!~t No. 1", f~el~ for record M~roh, 1, 189~ in iol~ 2 of ~ps at ~ag~ 5~, San ~teo Cowry Bec=de: BU~I~G TH~CE from Qai~ ~oint of begi~i~g nor~.85° 00' ]west 63~.68 feet; throe north 5° 00' east 163~1 feet;'th~ce south 79~ 48' 8asr 242,80 feet; ~e~e sou~ 71u 31' east, 35~.20 feet a~ south B10 12' ~8" ~st 7~.0~ feet to ~e ~oint of beg- CO~AI~I~ 1,6~9 acres and being a ~ertien ~f the B~l Bur~ Rancho. ~O ~ME A~D ~9 E0~. the same Unte the said lessee f~r and cluing the te~ ten (10) years from ~e let day of May, 1932, at the annual, rent of One 9und~e~ DolOrs ($1~,00) per year, pa~ble annually in advance en the let day ef May, ef e~c and every year of said te~, and as additioml consi~eration for this lease and ~e te~ hereby granted, ~e ~rfo~ancs of all the things herein~fter required t~ be ~rfo~s~ by said le~see during the c ontinu~e of this lease. It is mut~lly ~derstood and agreed that ~e above letting and ta~ing is upon the fell~ing ter~ ~d conditions: 1. ~t s~id premises hereby leased are te be use~ and occupie~ by sai~ lessss fer the ~pose of erecting, maintaining and e~rating ~ electric si~ thereen, ~d f~ no ether purpose, e~cept Such p~poses .s are incident to ~e Srection, main- te~nce, ~d operation of said. sign, The ~erd'"si~". as used hereun, shall include the structure te be erected by said lessee for ~e p~poses of displaying ill~inated letters and other characters, as well as all equipment used ~n connection ~erewith. 2. T~t said lessee ~ill not assi~ ~is lease either in ~hole or part, except tea corporation ~hich ~y be or~nized by lessee fer the purpess of conducti~ the bus,ess con~mplats~ hsre~der, nor ~derlet nor sublet the. whels any part of said premises, net ~e an~ alterations t~ or upon sal~ premises ~t~out the written c~ent ef said lessor first ~ving been ha~ an~ obtaine~. 3. ~hat said le~see will, at his ~n expense, at all times comply with any and.all federal an~ state la~ ~d statutes ~d ~y ~d all ord!n~ces, rules, regulatio~ and laws of the City ef Seuth San Francisco, State of Calife~ia, er any ef its boards, now or hereafter to be enacted, ~ssed or adepte~ with reference te the mainte~nce, use, er eccu~tien of said ~remises, or in the conduct o~ ~my business to be therein carried 4. ~hat said lessee shall not sell or ~ve a~ay ~y lntexicating liquors upon said premises in violation of t~ ~atio~l Prehibition Act, er in violatien of any natio~l, state or m~ici~al la~ or ordinance, ~hich may be hereafter e~cted, regulati~ or prohibiting the sate ef or traffic ef into~icati~,liquors, nor per- mit t~ same t~ be dons at an~ time d~ing the contin~ce of this lease, ~d ne business or occu~tion ille~l er i~oral in its nature shall be transacted er carried on in or about ~y pertion of said premises. 5. ~ any si~ ce~tructe~ and eperate~ on said land ~der the pr~visions ef this lease, en ~hich advertis~g ~tter may be displayed in cha~cters ill~inate~ ~ith the ai~ of electricity alerts or in combi~tion ~ith any gaseeus or solid ~terial, there shall be ~ls~laye~ by said lessor in letters ill~inated by electricity, d~ing eneffeu~the~p~,~/14~ of~t~e__~k portien of each night throu~eut one h~area and S~N FI~[CISCO, a muntcZpal corporation, in the County of San Marco, 3tare of California, Lessor, and G. H. THOMSON, of the City and County of San Francisco, ~.tate of California, Lessee, WITNE~SETH: That said lesso~ does hereby lease, let and demise .unto said lessee all that certain real property situate in the City of South San. Franc ~co. County of San Marco, State of California, and particularly described as follows, to-wit: BEGINNING aS a point which is distant ~ north . 2670 feet and west 257.05.feet from the intersection of the centerline of Grand Avenue with the cente~line of Spruce Avenue, as said Avenues are show.n on that certai~ map entitled "SoUth San Francisco, Plat. No,. 1", field for record March. 1, 1892; in Volume 2 of ,Maps at pag~ 5~-, San Mateo CoUnty Records: RUNNING TH+I~..CE from s. ai~ po_iht of beginning north. S5o 00' ;west 63~.68 feet, thence north. 5° 00' east 163~$1 fest;,themce South 79 48' 8ast 242,80 feet; thence south 71~ ~1' east, 35~.20 feet and south $1o 12' .48" Sast 72,0? feet to the point of beg- inning. CONTAI.NIN~ 1.659 acres and being a portion Sf the B~ri Bur~ Rancho. TO HAVE AND TO HOLD. the same Unto the said lessee for and during the term of ten ~10) years from the 1st day of May, 1932, at the annual, rent of ~ne t[undred Dollars {$100.00) per year, pa~ble annually in advance on the 1st day of May, of eahc and every year of said term, and as additional consideration for this lease and the term hereby granted, the performance of all the things hereinafter required to be performed~ by said lessee during the continuance of this lease. It is mutually, understood and agreed that the above letting and taking is upon the following terms and conditions: 1. That said premises hereby leased are to be used and occupied by said lessee for the purpose of erecting, maintaining and operating an electric sign thereon, and for. no other purpose, except Such purposes ms are incident to the ~rection, main- tenance, and operation of said:sign, The word'"sign", as used hereun, shall include the structure to be erected by said lessee for the purposes of displaying illuminated letters and other characters, as well as all equipment used in connection therewith. 2. That said lessee will not assign this lease either in whole or 'in part, except to a corporation which may be organized by lessee for the purpose of conducting the business contemplated hereunder, nor underlet nor sublet the. whole or any part of said premises, nor make any alterations to or upon said premises witl~out the written consent of said lessor first having been had and obtained, 3. That said lessee will, at his own expense, at all times comply with any and.all federal and state laws and statutes and any and all ordinances, rules, regulations and laws of the City of South San Francisco, ~tate of California, or any of its boards, now or hereafter to be enacted, passed or adopted with reference to the maintenance, use, or occupation of said premises, or in the conduct of ~.ny business to be therein carried on, 4. That said lessee shall not sell or give away any intoxicating liquors upon said premises in violation of the National Prohibition Act, or in violation of any national, state or municipal law or ordinance, which may be hereafter enacted, regulating or prohibiting the sale of or traffic of intoxicating,liquors, nor per- mit the same to be done at any time during the continuance of this lease, and no business or occupation illegal or immoral in its nature shall be transacted or carried on in or about any portion of said premises. 5. On any sign constructed and operated on said land under the provisions of this lease, on which advertieLug matter may be displayed in characters illuminated with the aid of electricity alone or in combination with any gaseous or solid material, there shall be disp. layed by said lessor in letters illuminated by electricity, during one-fourtheenth,ll/14} of the ark portion of each night throughout one hundred and eighty-two 1182~ days, consecutive or otherwise, of each year during which said sign may be operated, the expression, "South ~an Francisco the Industrial City," or some ~ther brief expression designed to advertise South San Francis~ which expression shall be selected by said lessor, in one line of letters extending for the entire length of said sign. The letters or characters to be displayed shall be equal in size to the letters which shall be used for other advertising purposes on such sign and the illumination of such letters shall be equal in intensity to the illumination of such other letters. This lease shall become void in the event of the failure of said lessee to strictly comply with the provisions of this paragraph, except as herein- after expressly provided. 6. During onefourtsenth (1/14) of the dark portion of the remaining part of each year during which said sign may be operated, said lesseee will display for said lessor in letters illuminated by electricity, such matter in language as may be requested by said lessor from time to time, in one line of letters extending for the entire length of said sign during the continuance of this lease, which letters shall conform with the provisions contained in paragraph 5 hereof with respect to size of letters and intensity o£ illumination. 7, The &.dvertising service herein contemplated to be rendered by said lessee to said lessor shall extend through 5ne-fourteenth (1/14) of the dark portion of each night of said term, but at such intervals as are con- sistent with the opration of said sign in the interest of the patrons of said lessee, it being understood that the aggregate of said intervals shall amount to one-fourteenth 11/14) of the dark portion of each night. 'Said lessee shall be entitled to written 'notice five 15) days in advance of comencing the' dis- play of any matter which said lessor shall request said lessee to display under the terms of this lease. 8. In lieu of the advertising service to which said lessor is entitled under paragraph 6 hereof, ~aid lessor shall have the privilege of leasing advertising priviliges upon structures to be erected by said lessee to any person, persons, firm or corporation for the period of time, during each night, when said lessor is entitled to advertising service under the provisions of paragraph 6 of this lease upon such sign. Said lessor agrees not to lease any advertising privilege, to which said lessor is entitled hereunder, to any patron of said lessee of whom or of which said lessee shall have given said lessor notice in writing. 9. lt. is understood that the righ'ts of said lessee shall' not be impaired or destroyed by any interference With such advertising dis- play resulting from earthquakes, storms, the elemnts and accidents, strikes, the actions of a public enemy, any restriction or restrictions which may be imposed by any governmental authority in the event of war, or by destruction by mobs or riotous action of any individual or dividuals or by th~ malicious conduct of any perons or persons, or deterioration of such sign or its machanical equipment by wear or natUral. camse8. In the event of the interference with such advertising displa2 by any of the causes hereinbefore enumerated, such sign must be restored to a condition of mechanical efficienty as soon as may be reasonably possible, having particularly in view t~e causes of intereference with the operation thereof. 10. Any price' to be charged by said lessor for the use of such advertising privilege hereby permitted to be leased by said lessor shall not be less in ~mount than the pri~e charged for such service by said lessee, provided said lessee shall have given said lessor written notice of the prices charged by him. 11. At all times during the continUance of this lease said lessee agrees to keep all improvements t° be erected upon said l~nd in good state of repair at his own expense, Said lessee hereby expressly waives all right to make any repairs on said premises at the expense of said lessor under the provisions o£ Section 1942 of the Civil Code of the State of California, or under any other provision of law or other- wise, except as hereinbefore expressly specified. 12. That in the event that said lessee shall do any act or thing on or about said presmiess, or any part thereof, or cause the same to be done, or cause any labor to be performed on or about said premises or any material to be used on or about said premises by virtue of which & lien shall be established against said land and premises by any laborer, workman, mechanic or materialman, this lease shall be and become immediately void~ at the election of said lessor and said lessee shall at once vacate said premises on demand of said lessor. 13. Said lessor shall not be liable for any loss or damage to the property on said premises which may be sustained by said lessee by resort of leakage of water from any source whatever, or from defective plumbing, or from defective electrical wiring, or from any other cause whatever. Said lessor shall not be liable for any damage or injury to persons or property occurring or arising upon said premises for any cause whatever. 14. That, in case t~ie lessor prevails in any suit brought against said lessee for the violation of any of the covenants of this lease, or for the recovery of the possession of the premises herein demised, the lessee shall be liable to the lessor for the fees of its attorney in such suit brought, and the amounts so allowed for fees shall be taxed as a part of the costs of such suit. 15. That ~ Said lessee shall promptly pay for all water, gas, electricity, power or'~ny other utility used by him upon or furnished to the herein demised premises. 16. That neither this lease nor any interest therein shall be assignable or transferable by operation of law, except under the laws of succession or bu will and in the event said lessee shall be adjudged to be bankrupt or b~come insolvent, or in the event said lessee may m~ke an assignment for the benefit or creditors, this lease, at the ,:option of the lessor, shall immediately end and termin- ate, and shall in nowise be treated as an asset of said lessee after the exercise of the aforesSA~ option, and said lessor shall have the right to forthwith re-enter said premises as of its former and or- iginal estate. 366 17. That, in the event said lessee may assign or transfer this lease or underlet or sublet the whole or any part of said premises with the written consent of said lessor, no assignee or transferee or subtenant shall assign or transfer this lease, either in whole or in part, or underlet or sublet the whole or any part of said premises without the written consent of said lessor first having been had and obtained. 18. That, if said lessee fails or neglects to perform any of the covenants, conditions or agreements herein contained to be kept or performed by him, the lessor or its officers, representatives, or agents, at any time thereafterwith- out ~0tice or demand, may lawfully declare said term ended and re-enter said de- mised premises or any part thereof, either with or without process of law and expel, remove and put out the lessee or any person or persons occupying the said premises and may remove all personal property thereform, using such force as may be necessary to again repossess and enjoy the said premises as before this demise without pre- Judice to any remedies which might otherwise be used for arrears of rent or pre- ceding breach of the covenants and without liability to any person for damages sustained by reason of such removal, , 19. That the subsequent acceptance of the rent hereunder by said lessor shall not be ~leemed a waiver of any preceding breach of amy covenant by the lessee. 20. If said lessee shall hold over the said term with the consent, expressed or implied, of the lessor, such holding shall be construed to be a tenancy from month to month, but subject to all other terms and conditions of this lease, and said lessee' will pay the rent, as above stated, during such further time as the said lessee m~y hold said premises. 21. At the end or sooner termination of this lease, said lessee shall remove all structures erected by him on said premises and shall restore said premises to substantially the same condition in which they now are. 22. At the expiration of the term hereby granted, and in the event that said lessee shall have fully and punctually performed all the terms and conditions of this lease, said lessee shall have the option to secure an additional term of said premises for the period of ten (10) years following the expiration of the term hereby granted, provided that said lessee shall have given to said lessor written notice of his election to exercise this ~ption at least ninety ~90} days prior to the expiration o£ the term hereby granted. The lease for such additional, term shall contain all the terms and provisions herein contained, b~S shall contain no option for a renewal or for an additional ,term beyond that covered: by this option, 23. The word "lessor" as used herein, shall include, apply to and bind the successors and assigns of said lessor, and the word "lessee", as ~ed herein, ~shall include, apply to and bind the heirs, executors, administrators and assigns of said lessee. 1N WITNESS WHEREOF said lessor has caused its corporate name to be here- unto subscribed by its Mayor, and its duly attested corporate seal to be affixed hereto by its City Clerk, first thereunto duly authorized by a resolution of the City Council of said City of South San Francisco, and said lessee has hereunto set his hand, all as of the day and year first above written. CITY OP ~OUTH SAN FRANC ISC0 ATTEST: Mayor, City Clerk ~essee, The Mayor of said City and the City Clerk are hereby authorized and direct- ed in behalf of said City of South San Francisco and in its name and under its seal to execute the lease hereinbefore authorized. -,-,-,-,-,-,-,-,.,-,-,.,. I hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of South San Francisco this 18th day of April, 1932, by the following vote: Ayes, Counc,tlmen V. Boido, h. Minucciani, R. Lloyd, R. Tibbetts, Jos. ~'. Quinlan Noes, Councilmen None Atsent. Councilmen None Attest: Daniel McSweeney City Clerk.