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HomeMy WebLinkAboutReso 109-1981RESOLUTION NO. 109-81 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A TEMPORARY LEASE TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY FOR RENTAL OF PREMISES ADJACENT TO SOUTH SPRUCE STREET AND NORTH CANAL STREET that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution. Execution of a Temporary Lease to the Pacific Telephone and Telegraph Company, a copy of which is attached hereto as Exhibit "1," is hereby authorized. 2. Signatures. The City Manager is authorized to execute the Temporary Lease on behalf of the City, and the City Clerk attest his signature thereto. 3. Recordation. The City Clerk is authorized to record or cause recordation of said Temporary Lease in the Office of the County Recorder of San Mateo County. 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 16thday of September , 1981, by the following vote' AYES: Councilmembers Ronald G. Acosta, Mark N. Addie.qo, Emanuele N. Damonte,~ Gus Nicolopulos.~ and Roberta Cerri Teglia NOES' None ABSENT' None ATTEST- EXHIBIT ,,1,, TO RESOLUTION NO. 109-81 ADOPTED September 16, 1981 LEASE TEMPORARY LEASE TO PACIFIC TELEPHONE .. AND TELEGRAPH COMPANY FOR RENTAL OF THE PREMISES ADJACENT TO SOUTH SPRUCE STREET 'AND 'NORTH' CANAL STREET This is an agreement between the Pacific Telephone and Telegraph Company, a California Corporation, hereinafter called "Telco" and the City of South San Francisco, hereinafter called "Landowner." WHEREAS, Landowner owns certain real property located at the northwest corner of South Spruce Street and North Canal Street, in the City of South San Francisco, County of San Mateo, State .of California shown and delineated on Exhibit A attached hereto; and · · ~ WHEREAS, Landowner wishes' to lease to yelco that portion of said real property shown outlined in ~on Exhibit A for the purpose of storing miscella- neous Telephone Company equipment, including, but not limited to, cable reels, telephone pol~es, trailers and company owned vehicles. NOW, THEREFORE, IT IS AGREED AS FOLLOWS- 1. Premises. Subject to the terms, conditions and covenants set forth herein, Landowner hereby leases the premises to Telco and Telco her6by leases the premises from'Landowner. 2. Term... The term of this lease is forty-five (45) days commencing >~p~e,.b~r 15 1981 and ending at midnight on October 30, 1981, unless sooner terminQted as provided for in this lease. 3. "Rent. Landowner, for and in consideration of the sum of one thousand 'dollars ($1,000), to be paid to Landowner.by Telco on or before September 15, 1981' grants to Telco, its employees, agents and con- tractors, permission to enter upon said property for the purposes stated herein, together with the right of access to, and egress from, said real property. 4. As is Condition. The premises are delivered by Landowner as is, and any improVe--ments made by Telco shall be at its sole cost and expense. Telco shall have the right to install such floodlights with all necessary supports, fixtures and appurtenances as it may deem necessary or convenient. Telco'will arrange and pay for all electricity used by the lights and will remove all aboveground por- tions of its flood light installation upon termination of its occu- pancy hereunder. 5. Condition of Premises upon Surrender or Vacation. Telco shall quit and surrender the premises in as good state and condition as existed at the commencement of this lease, with reas- onable use and wear thereof excepted. Upon vacation or abandonment · of the'premises, Telco shall remove all its personal'property therefrom. 6. Compliance with Laws. Telco shall comply with all the sanitary laws, ordinances and rules, and all orders of the Board of Health or other authorities affecting the cleanliness, occupancy and preservation of the demised premises, and any rights of way connected thereto, during the term of this lease or occupancy. 7. Dangerous Articles. Telco shall not keep or. have on the leased premises any articles or things of a dangerous, inflammable or explosive nature or any article which may be considered hazardous. 8. Termlination. Landowner~maY terminate this lease upon ten (10) days prior written notice .to TelCo. In the event of such a'term- ~ ination, Landowner-shall refund to Tel.co a pro-rata portion of the original rental 'payment which shall be based upon the number of days remaining in the term of the leasehold. 9. Indemnification. Telco shall' indemnify, save harmless and at Landowner's request defend Landowner, its elective and appointive boards, officers, agents, and employees from any liability for injury to or death of any Person, including any employee of Telco i or damage to any property, including any property of Telco's re- sulting from any act or omission of Telco's in its use and occupancy of the property. 10. Liquidated Damages. Telco shall, at the termination of this lease, by lapse of'time or otherwise, yield immedi'ate possession to Land- owner, and failing to do so, shall pay as liquidated damages for the entire time that possession is withheld, the sum of $100 per day. ll. Right of Access. The remaining portion of the real property shown in Exhibit Alwill continue to be used by LandOwner. Landowner therefore reserves the right of ingress and egress to this portion through the leased premises and Telco agrees not. to obstruct this right of passage. i2. Notices. All notices, statements, demands, requests or consents given hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if sent by first class mail, certified, return receipt requested, postage prepaid, and addressed to the parties as follows: Lessor: City of South San Francisco 400 Grand Avenue, P.O. Box 711 South San Francisco, CA 94080 Attn: City Clerk Lessee · Pacific Telephone and Telegraph Company 4 North Second Street, Room 625 San Jose, CA 95113 Attn: Real Estate Representative o ,¢ Either party may change its address by notifying the other party of the change of address. Notices shall be deemed communicated within forty-eight (48) hours from the time of mailing if mailed as provided in this paragraph. 13. Sublease and Assignment. Telco shall at no time sublease or' rent any portion of the leased real property nor shall either party assign any rights or obligations under this agreement without prior written consent of the other. IN WITNESS WHEREOF, the parties hereto have executed this lease on this _/~n~ day of September, 1981. LESSOR: City of South San Francisco, ]b3~gII)O~blt~l~: a Municipal Corporation LESSEE: Pacific Telephone & Telegraph ?~,T.¢O: Co., a California Corporation C. W Birkelo ,,,; ~1 , t.,lt ty Manager -. ATTEST: "" ' ' .! .~, ! I4. G. Turner Title' Distr±ot ~.ng±nee r-Bu± Z, Cl±ng $ 3. NO D,=,TE REVISION "BY AP~. CITY OF SOUTH SAN FRANCISCO DEPARTMENT OF PUBLIC SERVICES · ,, c o Po l '-n olJ SCALE: ~PPROVED: ' DATE~ ' STANDARD DRAWING NO. DRAW,",/: ~ CHEC~E O~