Loading...
HomeMy WebLinkAboutReso 127-1979 RESOLUTION NO. 127-79 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A REVOCABLE LEASE TO BUDGET RENT-A-TRUCK FOR THE PREMISES ADJACENT TO BELLE AIR ROAD AND AIRPORT BOULEVARD. that' BE IT RESOLVED by the City Council of the City of South San Francisco 1. Authorization. Execution of a revocable lease to Budget Rent-A-Truck for the premises adjacent to Belle Air Road and Airport Boulevard as provided for in the document so entitled, a copy of which is attached hereto as Exhibit "A", is hereby authorized. 2. Si gnatures. The City Manager is authorized to execute said revocable lease on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly intro- duced and adopted by the City Council of the City of South San Francisco at a reqular meeting held on the 7th day of Nqv~.mb~r , 1979, by the fol 1 owl ng vote: AYES: Councilmen Ronald G. Acosta, William A. Borba, Fmanu~_l~ N. Damonte; and Councilwoman Roberta Cerri Teglia NOES: None ABSENT: Councilman Terry J. Mirri ATTEST: LEASE REVOCABLE LEASE TO BUDGET RENT-A-TRUCK FOR THE PREMISES ADJACENT TO BELLE AIR ROAD ArID AIRPORT BOULEVARD Pursuant to Council authorization as of the 7th day of November, 1979, Budget Rent-a-Truck is granted a lease on the terms and conditions set forth, to use a parcel of property hereinafter more particularly described. Said authorization rescinds all previous lease agreements, verbal and written. 1. Description. An area along the north side of Belle Air Road, approximately 40,000 square feet, 200 feet X 200 feet, approximately 50 feet east of South Airport Boulevard, more particularly described in Exhibit "A" attached hereto. 2. Terms and Conditions. /~. Purpose and-E~.xp~ration. · - This revocable lease is granted so that lessee may operate and main- tain temporary truck storage and rental facility (temporary trailer). Ex- cepting therefrom all damaged, wrecked or inoperable vehicles. Said lease shall expire six (6) months from the date of issuance. All temporary facil- ities, including but not limited to the rental trailer and temporar% power pole, shall be removed by the lessee prior to the occupancy of 124 Beacon Street; 124 Beacon Street being the future intended location of the lessee. . B. Revocation and Modification. · This lease may be revoked or modified by City upon City gi~in§ lessee ninety (90) days written notice thereof, and lessee shall modify, relocate or remove all or portions of any improvements, fixtures, or other non- pemanent fixtures installed by lessee at lessee's sole cost and expense. C. Subject to Municipal Use or Purposes. That the lease of the premises is temporary in nature pending ~e FILE RO.: ....... of the site by lessor for public purposes, time for which is not now certain, and upon lessor's giving lessee ninety (90) days written notice as hereinbefore provided, lessee shall relinquish said leased area to City and remove all of its property at its sole cost and expense. D. Consideration. Rent commencing as of November 7, 1979, the date of this agreement, shall be One thousand dollars ($1,000) per month, payable on or before the 15th day of each month. Rents not paid by the 15th of each month. shall accrue interest at the rate of 1% per month on the unpaid balance. This lease shall be deemed terminated if at the end of thirty (30) days said unpaid rent and interest thereon has not been received by the City. In which event the lessee shall immediately clear the premises of all vehicles and personal possessions. If said premises are not cleared, :. the City shall cause the work to be done and shall bill the lessee for all costs incurred. E. Indemnity. Lessee shall indemnify and hold harmless from any claims, actions or judgments arising out of lessee's use and occupancy of the premises, and shall maintain in force and effect during said occupancy and use a liability policy of not less than One million dollars ($1,000,000) which shall name the City of South San Francisco, a municipal corporation, and its elective and appointive officers and employees, as additional insureds. Lessor may require lessee to increase the amount of said in- surance coverage by giving lessee thirty(30)days written notice thereof so requi ring. 2, ¢ ¢ F. Utilities. Lessee shall secure necessary temporary electrical permit from Building Division. Lessee shall pay all charges for utilities, including but not limited to water, electricity, gas, telephone, scavenger service, sewer use charges, taxes and other public service charges during the term of this lease or occupancy by lessee. G. Condition of Premises. Lessee shall, at no expense to the City, provide a surface on the en- tire lease area, sufficient to acconmodate the use proposed so as not to cause adverse effects to the surrounding areas. Such a surface shall be temporary in nature consisting of a gravel base of sufficient consistency to provide a uniform surface during the time limits of the lease agreement herein. Said surface shall permit no waste or injury to the premises or .appurtenances tbe~e~to. H. Abandonment of the Premises. If Lessee vacates or abandons the premises, it shall remove all personal property or other property therefrom. I. Fixtures. Any and all fixtures not permanently installed on the premises by lessee, remain the sole property of the lessee, and any damage caused by the installation or removal of said fixtures shall be repaired by the lessee at his sole cost and expense. J. As is Condition. The premises are delivered by the City as is, and any improvements made by the lessee shall be at his sole cost and expense. K. Insolvency'. In the event that a receiver shall be appointed to take over the bUsiness of the lessee, or in the event that the lessee shall make a e general assignment for the benefit of creditors, or lessess shall take or suffer any action under any insolvency or bankruptcy act, the same shall constitute brea~h of this lease by lessee. L. Heirs. This lease is binding upon and inures to the benefit of the heirs, assigns and sucessors in interest to the parties hereto. M. Sublease. The lessee shall at no time sublease or rent any portion of the building of the leased area. N. Uses Prohibited. Lessess shall not use any portion of the leased area for purposes other than those specified hereinabove, and no use shall be made or permitted to be made upon the premises, nor acts done, which shall in- crease the existing rate of insurance upon the property, or cause can- cellation'of insurance policies. Nor shal1 any use be made which vio- lates any law, statute, ordinance or requirements of the United States of America, State of California, County of San Mateo or City of South San Fran ci s co. O. Leased Area. Lessee acknowledges that the leased area is in good order. Lessee, shall at his own cost and expense, maintain the premises in good and safe condition, including drainage, during the life of this lease. P. Right of Entry. City maintains the right to enter and inspect the leased area and building upon reasonable notice. Q. Compliance wit. h Laws. Lessee shall comply with all the sanitary laws, ordinances and rules, and all orders of the Board of Health or other authorities affecting the · . 4, ' cleanliness, occupancy and preservation of the demised premises, and any rights of way connected thereto, during the term of this lease or occupancy. R. Dangerous Articles. · Lessee shall not keep or have on the leased premises any articles or things of a dangerous, inflammable or explosive nature which may increase the danger of fire on the leased premises, and which are considered hazardous or extrahazardous. S. Condition of Premises upon Surrender or Vacation_.. At the expiration of the lease or upon termination thereof by the ninety (90) days notice hereinbefore provided, lessee shall quit and surrender ~he premises in as good state and condition as existed at the commencement of this lease, with reasonable use and wear thereof and damage by the elements excepted, T. Default. ~' ~' , If any default be made in the payment of rent or any part thereof at the time specified, or if any default be made in the performance of any other covenants or agreements herein contained, this lease, at the option of lessor, shall wholly cease and terminate and lessor shall enter the premises and remove all persons and property therefrom. U. Taxes Lessee shall pay any and all possessory interest taxes, sewer rental charges and any other fees and charges imposed by governmental entitles. . ¢ IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year here written. LESSOR: CITY OF SOUTH SAN FRANCISCO City Clerk Dated: ~,~._ /~ LESSEE' BUDGET RENT-A-TRUCK Dated:~-/~O~, 2/?'~.~ i APPROVED AS TO LEGAL FORM AND ADEQUACY Dated:_ ,II 6,