Loading...
HomeMy WebLinkAboutReso 74-1980 RESOLUTION NO. 74-80 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A LEASE TO BASAPCO, INC. FOR THE PREMISES LOCATED AT 27 SOUTH LINDEN AVENUE that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Authorization. Execution of a lease to Robert C. Bishop, doing business as BASAPCO, INC., a California corporation, for the premises located at 27 South Linden Avenue, South San Francisco, California, as provided for in the document so entitled, a copy of which is attached hereto as Exhibit "A", is hereby authori zed. 2. Signatures. The City Manager is authorized to execute said lease on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 2nd day of Jul.v , 1980, by the following vote: AYES- Councilmen Ronald G. Acosta, Mark N. Addie~)o, Emanuele N. Damonte, Gus Nicolopulos; and Councilwoman Roberta Cerri Tealia NOES: None ABSENT: None ATTEST: LEASE THIS LEASE, made and entered into at South San Francisco, California, this 1st day of July ,1980, by and between the City of South San Francisco, a municipal corporation, which with their successors and assigns are herein- after collectively called "Lessor," and Robert C. Bishop , doing'business as BASAPCO Incorporated, a California Corporation, hereinafter called "Lessee." RECITAL In consideration of the premises and the covenants and agreements here- inafter contained, the parties hereto agree as follows: 1. Premises. For the rent and upon the terms and conditions hereinafter set forth, Lessor does hereby let and lease unto Lessee that certain parcel of real property consisting of the building and improvements commonly known as ~27 South Linden Avenue, South San Francisco , in South San Francisco, California, more fully described in Exhibit A attached hereto, together with the building and improvements located thereon. 2. Term. The lease shall be for one (1) year commencing on July 1, 1980 through June 30, 1981. After the one (1) year, the lease will be on a month to month basis with a ninety (90) day notice by lessor or lessee to revoke or modify the lease. 3. Rent. A. Annual Rent Lessee hereby covenants and agrees to pay to Lessor at the office of Lessor or such other place as shall be desi-gnated by the Lessor in writing -1- EXHIBIT "A" TO RESOLUTIONiiNO. 74-80 ADOPTED jULY 2, 1980 to Lessee, rent in the amount of Ten Thousand two hundred dollars ($10,200) per year payable in monthly installments of eight hundred fifty dollars ($850.00) per month. There will be an annual review of the rents schedule. B. Rent shall be payable by Lessee monthly in advance, the first installment to be due and payable on the commencement date of this lease ~ and each installment thereafter to be due and payable on or before the first day of each month throughout the term of this lease. Rents not paid by first day of each month shall accrue interest at the rate of one (1%) per month on the unpaid balance. 4. Possession. If Lessor for any reason whatsoever cannot deliver possession of the premises to Lessee at the commencement of the term, this lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom; but in that event there shall be a propor- tionate abatement of rent on the portion of space not delivered for the period between the commencement of the term and the time when Lessor does deliver possession. 5. Purpose. Lessee agrees to use and occupy the premises during the term hereof for the purpose of storing and processing batteries and similar items and lead recovery and processing. 6. Uses Prohibited. Lessee shall not use, or permit the premises or any part thereof to be used for any purpose or purposes, other than the express purpose defined above and no use shall be made or permitted to be made of the premises, nor acts done, which could cause a cancellation or increase in premium rate of any insurance policy covering the building in -2- which the premises are located, nor shall Lessee sell, or permit to be kept, used, or sold, in or about said premises, any article, the presence of which may be prohibited by the standard form of fire insurance policy. Lessee shall comply, at his sole cost and expense, with all requirements of insurers Of the premises necessary for the maintenance of reasonable fire and publi~c liability insurance covering said building and appurtenances. 7. Waste; Alterations. Lessee shall not commit, or suffer to be com- mitted, any nuisance or waste upon the premises. Lessee shall not make, or suffer to be made, any alterations, additons, or improvements, inc- cluding painting and electrical service to the premises or any part thereof, without the prior written consent of Lessor in every instance. All additions, improvements and alterations to be premises, except Lessee's movable furniture, fixtures, and equipment, shall become a part'of the realtyand belong to Lessor upon termination of the lease or at Lessor's option, Lessor shall have the right to require Lessee to remove said additions, alterations, or improvements, or any of them and to restore the premises to their~original condition, at Lessee's sole cost and expense. 8. Abandonment. Lessee shall continuously' occupy the premises and shall not vacate or abandon the premises at any time during the term. If Lessee abandons or vacates said premises, or i~ dispossessed by process of law or otherwise, such abandonment, vacation, or dispossession shall be a breach of this lease, and any personal property belonging to Lessee and left on the premises shall be deemed to be abandoned, at the option of the Lessor, except such property of Lessee as may be subject to a security interest in favor of Lessor. -3- 9. Repairs. Lessee shall maintain and repair exterior walls and roof, 'foundation, heating, air-conditioning, and adjacent sidewalks, driveways parking areas, landscaping, and striping, frontage maintained in work- man-like manner, paving, patch and seal coated, repair and paint corrugated steel building, and including repairs and damage occasioned by the negligence, or misuse of Lessee, his agents, employees, or invitees. Lessee, shall, aJc his sole cost, keep and maintain the rest of the premises, including glazing, doors and hinges, electrical wiring, lighting, and plumbing in good and sanitary order, condition and repair, hereby waiving all right to make repairs at the expense of Lessor as provided in Section 1942 of the Civl Code of the State of California, and all rights provided for by Section 1941 of said Civil Code. By entry hereunder, Lessee accepts the premises as in and acknowledges the same as being in good and sanitary order, condition and repair, and agrees that on the last day of the term, or upon sooner termination of this lease, to surrender to Lessor the premises in the same condition as when received, excepting reasonable use and wear thereof for the purpose leased and damage by fire, act of God or other casualty not caused through any fault or neglect of Lessee, and to remove all of Lessee's signs, personal property, and debris from said premises. The Lessee may remove any floor covering laid by Lessee (but not tile) provided that Lessee al. so restores the floor surface to the condition existing before such floor covering was laid. This lease does not grant any easements over properties or rights to light or air over property, except over public streets kept open by public authority. Lessor may make repairs, alterations or improvements in or to the building in which the premises are located or any part thereof without any liability to Lessee. -4- 10. Free From Liens. Lessee will not create or permit to be created or to remain, and covenants to remove and discharge promptly, at its cost and expense, all liens, encumbrances and charges upon the premises or Lessee~s leasehold interest therein which arise out of the use or occupancy of the premises by Lessee or anyone using or occupying the premises with the consent or sufferance of-Lessee, or by reason of labor or material furnished or claimed to have been furnished to Lessee for any construction, alteration, addition, or repair of any part of the premises. Lessee shall give Lessor fifteen (15) days written notice prior to commencing any permitted work on the premises, so that Lessor may have a reasonable time within which to post nOtices of nonresponsi- bility. Il.Compliance with Governmental Regulations. Lessee shall, at his sol'e cost and expense, comply with all of the requirements of all Municipal State, and Federal authorities now in force, or which may hereafter be in force, pertaining to the premises, and shall faithfully observe in the use of the premises all Municipal ordinances and State and Federal statutes now in force or which may hereafter be in force. The judgment of any court of competent jurisdiction, or the admission of Lessee in any action or proceeding against Lessee, whether Lessor be a party thereto or not, that Lessee has violated any such ordinance or statute in the use of the premises, shall be conclusive of that fact as between Lessor and Lessee. 12. Indemnification of Lessor. Lessee, as a material part of the consideration to be rendered to Lessor, hereby waives all claims against Lessor for damage to personal property in, upon, or about said premises, sustained by Lessee or other person, from the premises or the building of which the premises are a part, or any part of it, or any equipment or appurtenance becoming out of repair, or resulting from any accident in or about the building, or resulting from any act or neglect of any other tenant or occupant of any other building or of any other person, or from any other cause arising at any time, except as a result of Lessor's willful mis- _.. conduct, and Lessee will hold Lessor exempt and harmless from any damage or injury to any person, or loss or damage to the personal property of any person, arising from the use of the premises by Lessee.or others, or from the failure of Lessee to keep the premises in good condition and repair as herein provided. This waiver and indemnification shall apply, without limitation, to damage or loss caused by water, snow, frost, steam, ex- cessive heat or cold, sewage, gas, odors, tide, noise, shock, or the bursting or leaking of pipes or plumbing fixtures and shall apply equally whether any such damage results from the act or neglect of other tenants or occupants, servants of Lessor, or other person. 13. Advertisements and Signs. Lessee shall not conduct or permit to be conducted any sale by auction on the premises. Lessee shall not place or permit to be placed any advertisement, sign,marquee, awning, or decoration or other attachment on or to the roof, front, windows, door, or exterior walls of the premises without the prior written consent of Lessor, Lessor may, without liability, enter upon the premises and remove any such sign, marquee, awning or decoration or attachment affixed in violation of this paragraph, Lessee agreeing to pay the cost of removal thereof. 14. Services (a) Lessor shall provide no services. (b) Lessor does not warrant that any services shall be free from interruptions due to repairs, alterations, strikes, lock-outs, accidents, -6- or other cause or causes beyond the reasonable control of the Lessor and no such interruptions shall be deemed an eviction or disturbance of the Lessee~s use and possession of the premises or any part thereof, or render the Lessor liable to the Lessee for damages, or relieve the Lessee from performance of the Lessee's obligations under this lease. (c) All services and utilities, including but not limited to scavenger services, sanitary sewer charges,electricity, water, gas, telephone and other communications shall be provided and paid by Lessee. 15. Certain Rights Reserved to Lessor. The Lessor reserves the following rights: (a) to change the name or street address of the building of which the premises are a part without notice or liability of the Lessor to the Lessee; (b) during the last ninety days of the term or any part thereof, if during or prior to that time the Lessee vacates the premises, to decorate, remodel, repair, alter, or otherwise prepare the premises for reoccupancy; (c) constantly to have pass keys to the premises; (d) to enter the premises at all reasonable hours for inspection~ repairs, alterations, or additions to the premises or the building, to exhibit the premises to others during the last six (6) months of the lease. term and for any purpose whatsoever related to the safety, protection, preservation, or improvement of the premises or the building or the Lessor's interests,without being deemed guilty of an eviction or disturbance of the Lessee's use and possession and without being liable in any manner to the Lessee. -7- 16. Destruction of Premises. (a) In the event of a partial destruction of the premises during the said term for any cause unsurable under a standard form of fire and ex- tended coverage policy, Lessor shall forthwith repair the same. provided such repairs can be made within sixty (60) days from date of such destruction, under the then applicable laws and regulations of Federal, State, County, and Municipal authorities and in the light of the extent of such damage'and the then condition of the labor market and availability of materials and supplies. Such partial destruction shall in no way annul or void this lease, except that Lessee shall be entitled to a proportionate abatement of rent while such repairs are being made, such proportionate abatement to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Lessee in the premises. If Lessor need not make such repairs, but nevertheless elects within a reasonable time to make the same, this lease shall continue in full force and effect and .the rent shall be proportionately abated as aforesaid in this paragraph provided. In the event that Lessor does not so elect to make such repairs, or such repairs cannot be made, this lease may be terminated at the option of either party. In respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provisions of Section 1932, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the premises may be situated be destroyed to the extent of not less than 33-1/3 percent of the replacement cost of said building in which the premises may be sit- uated, Lessor may elect to terminate this lease, whether the demised prem- ises be injured or not. A total destruction of the building in which the -8- said premises may be situated shall terminate this lease. In the event of any dispute between Lessor and Lessee relative to the provisions of this paragraph, they shall each select an arbitrator, the two arbitrators so selected shall select a third arbitrator and the three arbitrators so selected shall hear and determine the controversy and their decision there~- on shall be final and binding upon both Lessor and Lessee, who shall bear the cost of such arbitration equally between them. Anything in this paragraph to the contrary, if at the time of such damage the amount of rent remaining due hereunder for the balance of the time hereof is less than the cost of repairing such damage, then this lease may at the option of the Lessor be cancelled by notice in writing to the Lessee within thirty (30) days from the date of such damage. 17. Assignment and Subletting. Lessee shall not assign this lease, or any interest therein, and shall not sublet the premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person, firm or corporation (including subsidiaries of Lessee) to occupy or use the premises, or any portion thereof, without the written consent of Lessor first had and obtained, and a consent to one assignment, subletting, occupa- tion, or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. Consent of the Lessor will not be granted under any circumstances to a sublet by a Lessee at a higher square footage or rental rate unless one-half of any such excess is paid over to the Lessor as additional rent as provided for in Paragraph 3. This lease shall not, nor shall any interest therein. be assignable, as to the interest of Lessee, by operation of law, without the written consent of Lessor. Any such assignment or subletting herein- -9- above referred to without such consent shall be void, and shall, at the option of Lessor, terminate this lease. 18. Lessor's Remedies. All r~ghts and remedies of the LessOr herein enumerated shall be cumulative, and none shall exclude any other, right or~ remedy al 1 owed by 1 aw. (a) If any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy or insolvency act of the United States or a state shall be filed by or against Lessee, or any voluntary or involuntary proceeding in any court of competent jurisdiction shall be instituted to declare Lessee insolvent or unable to pay Lessee's debts, and Lessee does not dismiss or cause a dismissal of such petit.ion, pleading, or proceeding within thirty (30) days, then ~nd in any such event Lessor may, if Lessor so elects but not otherwise, and with or without notice of such election, and with or without entry or other action by Lessor, forthwith terminate this lease, and notwithstanding any other provisions of this lease, Lessor shall forthwith upon such termination be entitled to recover damages in an amount equal to the then present value of the total rent reserved under this lease for the remainder of the term. (b) If within three (3) days after written notice from Lessor to pay rent, Lessee fails to do so, or if within ten (lO) days after written notice of default of any other provision of this lease on its part to be performed Lessee fails to commence the performance or observance thereof, or if Lessee makes an assignment for the benefit of creditors, or if a receiver be appointed for any property of the Lessee and Lessee does not -10- obtain a dismissal of such appointment within thirty (30) days, or if Lessee suffers this lease to be taken under a writ Of execution, or if the Lessee abandons the premises, then and in any such event the Lessee may, if the Lessor so elects but not otherwise, and with or without notice of such election and with or without any demand whatsoever, forthwith ~ 'terminate this lease and the Lessee's right to possession of the premises, or teminate only Lessee's right to possession hereunder without terminating this lease. (c) Upon any termination of this lease, whether by lapse of time or otherwise, or upon any termination of the Lessee's right to posses- sion under this lease, the Lessee shall surrender possession and vacate the premises immediately, and deliver possession thereof to the Lessor, and hereby grants to the Lessor full and free license to enter into and upon the premises in such event with or without process of law and to repossess the Lessor of the premises as of the Lessor's former estate and to expel or remove the Lessee and any others who may be occupying or within the premises and to remove any and all property therefrom, using such force as may be necessary, without being deemed in any manner guilty of trespass, eviction, or forcible entry or detainer, and without relinquishing the Lessor's rights to rent or any other right given to the Lessor hereunder or by operation by the law. Unless Lessor elects to the contrary, at the time of or at any time subsequent to, any reentering by Lessor or to the service by Lessor of any notice pursuant to the unlawful detainer statutes of the State of California, neither the service of such notice nor the surrender of possession by Lessee pursuant thereto shall be deemed to be a termination of this lease. -ll- (d)' If the Lessee abandons the premises or otherwise entitles the Lessor so to elect, and the Lessor elects, to terminate the Lessee's right to possession only without terminating the lease, the Lessor may at the Lessor's option enter into the premises, remove the Lessee's signs and other evidences of tenancy, and take and hold possession thereof as provided in sub-paragraph (c) of this paragraph 18, without such entry and possession terminating the lease or releasing the Lessee, in whole or in part, from the Lessee's obligation to pay the rent hereunder for the full term, and in such case the Lessor shall attempt to relet the premises or any part thereof for the account of the Lessee to any person, firm or corporation other than the Lessee for such rent, for such time, and upon such terms as the Lessor at the Lessor's sole discretion shall determine, but the Lessor shall not unreasonably refuse to accept any tenant offered by the Lessee. In any such case, the Lessor may make repairs, alterations, and additions in or to the premises, and redecorate the same to the extent deemed by the Lessor necessary or desirable, and the Lessee shall, upon demand, pay the cost thereof, together with the Lessor's expenses of the reletting. If the consideration collected by the Lessor upon any such reletting for the Lessee's account is not sufficient to pay monthly the full amount of the rent reserved in this lease, together with the costs of repairs, alterations, additions, redecorating, and the Lessor's expenses, the Lessee shall pay to the Lessor the amount of each monthly deficiency upon demand. (c) Any and all property which may be removed from the premises by the Lessor.pursuant to the authority of the lease or of law, to which the Lessee is or may be entitled, may be handled, removed, or stored by the Lessor. -12- at the risk, cost, and expense of the Lessee, and the Lessor shall in no event be responsible for the value,preservation, or safekeeping thereof. The Lessee shall pay to the Lessor, upon demand, any and all expenses incurred in such removal and all storage charges against such property so long as the same shall be in the Lessor's possession under the Lessor's control. Any such property of the Lessee not removed from the premises or retaken from storage by the Lessee within thrity (30)' days after termination of the lease, however terminated, shall be conclusively deemed to have been forever abandoned by Lessee. The removal and storage of Lessee's property, as above provided, shall not consititue a waiver of Lessor's rights thereto granted in paragraph 8 above. 19. Lessor's Costs and Fees. The Lessee shall pay, upon demand, all the Lessor's costs,charges, and expenses, including the fees of counsel, agents, and others retained by the Lessor, incurred in enforcing the Lessee's obliga- tions hereunder or incurred by the Lessor in any litigation, negotiation, or transaction in which the Lessee causes the Lessor, without the Lessor's consent, to become involved or concerned. 20. Surrender of Lease. The voluntary or other surrender of this lease by Lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Lessor, terminate all or any existing subleases or subtenancies, or may, at the option of Lessor, operate as an assignment to her of any or all such subleases or subtenancies. Nothing herein contained shall authorize Lessee to enter into any sublease except pursuant to the provisions of paragraph 17 hereof. 21. Transfer of Security. If the security be given by Lessee to secure the faithful performanace of all or any of the covenants of this -13- lease on the part of Lessee, Lessor may transfer and/or deliver the security, as such, to the purchaser of the reversion, in the event that the reversion be sold, and thereupon Lessor shall be discharged from any further liability in reference thereto. 22. Waiver. The waiver by Lessor of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition, or any subsequent breach of the same or any other term,covenant or condition herein contained. The subsequent accept- ance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this lease, other than the failure of Lessee to pay the particular rental so accepted, relgardless of Lessor's knowledge of such proceding breach at the time of acceptance of such rent. 23. Taxes. A. Lessee will pay, in addition to all other sums required to be'paid by it under the provisions of this lease, all taxes, assessments and levies whether general or special, ordinary or extraordinary, of every nature or kind whatsoever, which may be taxed, charged, assessed, levied or imposed at any time, or from time to time during the term of this lease, by the State in which the Premises is located or any political sub- division thereof upon or against (a) this lease; (b) the Premises or the occupancy, use or possession thereof; or (c) any right, title or interest of the Lessor and of the Lessee, or either of them, in or to the Premises or any personal property or improvements located on the Premises. B. The land, buildings and improvements covered and affected by this lease shall always be assessed for the purpose of taxation in the name of the owner of the fee if permitted under the laws or regulations relating thereto. 24. Insurance to be Acquired by Lessee. During the term Lessee shall ... maintain in continuous effect, comprehensive bodily injury liability insurance issued by an insurance carrier or carriers licensed to execute such policies by -14- the State of California, naming Lessor and its elective and appointive officers and employees as an additional insured, and protecting Lessor equally with Lessee from liability in the amount of $500,000 for injury, sickness, or death to any one person, and' $1,000,000 for injury, sickness, or death arising out of each such occurrence, and $500,000 for liability for property damage claims arising out of any such occurrence on or about the leased premises or arisingout of Lessee's use thereof. Lessee shall provide Lessor with a Certificate of Insurance, which shall show com- pliance with the above requirements and provide that such insurance may not be cancelled except after ten (lO) days' notice in wiriting to Lessor. Should Lessee fail to effect, maintain, or renew said insurance or provide such certificates, then and in any of said events, Lessor, at its option, but without obligation to do so, may upon five (5) days' notice to Lessee, procure such insurance and any sums so expended by Lessor to procure such insurance shall be deemed additional rent hereunder and shall be repaid by Lessee immediately upon demand. 25. Notices, Whenever, pursuant to the terms of this lease, a notice is required or permitted to be given, such notice shall be deemed to be duly given when delivered personally or sent by Certified or Registered mail, postage paid, addressed to Lessor as follows: City Manager c/o Joseph Figueiredo, Property Mgr. City Hall, P. O. Box'711 South San' Francisco, CA 94080 and to Lessee as follows: BASAPCO, INC. 27 South Linden Avenue South San Francisco, CA 94080 -15- Either party may change its address hereinabove set forth by giving ten (10) days' written notice thereof to the other party. 26. Holding Over. Any holding over after the expiration of the term, with the consent of Lessor, shall be construed to be a tenancy from month to month .at the monthly rental prevailing at the time of expiration and shall otherwise be on the terms and conditions herein specified, so far as applicable. 27. Successors and Assigns. The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, adminsitrators, and assigns, subject to the provisions of paragraph 17, of all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. 28. Additional Paragraphs. Paragraph(s) attached hereto (is/are) additional material provisions of this lease. IN WITNESS WHEREOF, Lessor and Lessee have executed this lease as of the day and year first above written. LESSOR: CITY OF SOUTH SAN FRANCISCO ATTEST: BY City Clerk DATED: LESSEE: ROBERT C. BISHOP - BASAPCO, INC. DATED: BY APPROVED AS TO LEGAL FORM AND ADEQUACY Robert C'. Bi shop Owner DATED: City Attorney -16- EX}iIBIT A TO LEASE LINDEN AVENUE i~RID(;T: - CALEGARi PARCEL (LEASE' TO 'BATTERY SALES) DESCRIPTION · . . All that certain real property, situated in the City'.',of Sout'h san Francisco, County of San Mateo, state of California, described as follows: Beginning at the Southwester'ly corner of that certain 4.22 acre tract of land conveyed to Presto].ite Co., IhCorporated, by deed recorded October 9, 1913, in Book 230 of Deeds at Page 17, said point being on the Easterly lin~. of Linden Avenue extended South 150 33' West 750.47 feet'distant from th~TM. inter- section of the Northerly line of Railroad Avenue with the Easterly line of' Linden Avenue as said Avenues are shown on the map entitled "South San Francisc'o, San Mateo Co. , Cal. , Plat No. 2", which map was filed in the office of the Recorder of the County of San /~1ateo; State of California, on November ]0,1900, in Book "D" of Maps at P~ge 62, running thence from said point of begin- ning along the said Easterly line of Linden Avenue South 15° 33' West 55.40 feet; thc:~ce $out:h 61° 05' 57" East: 256.22 feet to the Westerly line of tile Soutl~¢:rn Pacific Right of .Nay; thence along said Right of Way line of t:he arc' of a curve to the right having a radius of 23,11.88 feet: radial bearing of South 54° 59' 21" East and a central angle of 3° 0' 06" a distance of 122.69 feet to the Southeasterly corne~: of' the above mentioned 4.22 acre tract; thence along the Southerly line' of said tract North · 74° 27" West 293.18 feet to the point of beginning; enclosing an area of 0o542~ acres. TOGETHER WITll.the rigl~t to use an ingress and egress easemenL granted by Un.ion Carbide Corporation on the 28th day of November, 1973, for the term therein provided,. which grant of .ingress and egress easement was recorded in Book 6525" of Official Records at Page 683 on November 28, 1973.