HomeMy WebLinkAboutReso 75-1980RESOLUTION NO. 75-80
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF A
REVOCABLE LEASE TO S & C MOTORS, INC.
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 Gordon Feist, Sr., doing bushiness
as S & C Motors, Inc., a California corporation, 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. Signatures.
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 introduced
and adopted by the City Council of the City of South San Francisco at a
regular meeting held on the 2nd day of July , 1980,
by the fol 1 owing vote:
AYES: Councilmen Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte,
Gus Nicolopulos; and Councilwoman Roberta Cerri Teglia
NOES: None
ABSENT: None
ATTEST-
/~)~City
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 hereinafter collectively called "Lessor", and Gordon Feist, Sr., doing
business as S & C Motors, Inc. , 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, described as: an area along north side of Belle Air road,
approximately'40~300 's~{~are feet, 200 X 200 feet, a~roximately 50 feet east
of South Airport Blvd. located in the Southwest quardrant of Parcel 1 of
Parcel map recorded in volume 45, page 41, more particularly described in
exhibit "A" attached hereto.
2. Term. The lease shall be for six (6) months lcommencing on July 1,
1980 through December 30, 1980. After six (6) months, the lease will be on a
month to month bases with a ninety (90) days notice by Lessor or Lessee to
revoke or modify the lease.
3. Rent.
A. Lessee herebY ocvenants and agrees to pay to Lessor at the office
of Lessor or such other place as shall be designated by the Lessor in writing
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to Lessee, rent in the amount of Six Thousand dollars (6,000) payable
in monthly installments of one thousand dollars ($1000) 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 ~from: but in that event th~e 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.
This revocable lease is granted so that lessee may operate and main
tain retail truck sales and storage business, (temporary trailer and sales
·
office included). Prohibiting therefrom storage of any damaged, wrecked or in-
operable vehicles.
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
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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 public
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, additions, or improvements, including
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 the premises, except Lessee's movable furniture, fixtures,
equipment, and security fence and pole sign, shall become a part of the realty
and belong to Le~.s.§or up. on 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, except grading/gravel, at Lessee's sole cost and
expense.
8. ABANDONMENT. Lessee shall continuously occupy the premises and shall
not vacate or abondon the premises at any time during the term. If Lessee
abandons or vacates said premises, or is 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.
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9, Repairs,
,
Lessee shall maintain and repair adjacent sidealks, entrance to
lot, including repairs and damage occasioned by the negligence, or misuse
of Lessee, his agents, employees, or invitees. By entry hereunder, Lessee
accepts the premises as is 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 a good condition, 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~roper~c~', and debris' from said premfses
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.
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10. Free From Liens. Lessee will not create or permit to be created
or to remain, and covenants to remo'~e 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
sole cost an~li~xpen~., comply with all ~f the rec[¥Ji'reme~t-s~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. any building of
which the premises are a part, or any part of it, or any equipment or
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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,~servan~.s- of Lessor, or other person ~''
13. Advertisements and Signs. Lessee sh~ll 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 pri°r 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,
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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 premises without notice or liability of the Lessor to
the Lessee ;' ':',':~;~.~". '; ~,~.~T'. --i. ~.: .-
(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;
o.
(C) 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.
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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,!:~h~t n~vertheless 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 l~he
event that LessOr does'not so elect to make such repairs, or such repairs
cannot be made, this lease may be l~erminated at the option of either party.
In respect to any partial destruction which Lessor is obligated to repair or
may elect to repair Und'er 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.
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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, th~ 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. Assi.qnment and Subletting. Lessee shall not ass.~gn_this lease, or
any interest~'~' ~' ~'~"" ' ' '~' ~'~
th'ere~n, and shall not sublet the Pr6mises 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-
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above referred to without such consent shall be void, and shall, at the
option of Lessor, terminate this lease.
18. Lessor's Remedies. All rights 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 petitj, on,
pleading, or proceeding within thirty {30} days, then and in any such
event Lessor.~a._y, ..i..f=Lessor so elects bu't 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
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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 elecltion 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 rightto 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 ~nd free license to enter into
and upon the p~.?is.e~_~i.~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,
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(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 provide~l
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, th~'~'~i]'essor 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.
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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 *.bTy*~'the Lessor, incurred in enf6~cing 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
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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 :..s...u~h .re_Bt.
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
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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 arising out 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 {10) 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' po_tice to Lessee,
procure suc. h l~siJranC'e~"and any sums so expended b~'[essor 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 follow, s-
$ & C Motors
~ZOO1 Market Street
San Francisco, CA 94114
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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 other-
wiSe be on the terms and conditions herein specified, so far as applicable.
27. Successors and Assigns. The covenants and conditions herein con-
tained shall, subject to the provisions as to assignment, apply to and bind
the heirs, successors, executors, administrators, 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. Subject to Municipal Use o.r Purposes. The lease of the premises is
temporary in nature pending use of the site by lessor for public purposes,
time for which is not now certain, and upon lessor's giving lessee ninety
(90) days writt~ notice as hereinbefore p~ovided,, l~essee shall relinguish
said leased area to City and remove all of its property at its sole cost
and expense.
ATTEST:
City Clerk
DATED:
DATED:
APPROVED AS A LEGAL FORM AND ADEQUACY
BY
LESSEE
S & C MOTORS,INC.
BY
Gordon Feist, Sr.
Vice President
DATED'
City Attorney
i'79.
. °.o