HomeMy WebLinkAboutReso 81-1984 RESOLUTION NO~. 81-84
CITY COUNCIL' CITY OF SOUTH SAN FRANCISCO' STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION
OF A TWO YEAR LEASE AGREEMENT WITH
JOHN A, SUSA FOR CITY'S USE OF GARAGE
BE IT RESOLVED by the City Council of the City of South San Francisco that'
1. Approval of Agreement'.
A two (2) year Lease Agreement between the City of South San Francisco
and John A,~ Susa entitled "Lease" is hereby approved, and a copy of said Lease
Agreement is attached hereto as Exhibit "A"'.
2. Execution of Agreement.
The City Manager is hereby authorized to execute said Lease Agreement
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 13th day of June , 19 84' by the following vote'
AYES:
NOES'
ABSENT'
Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey,
Gus Nicolopulos; and Roberta Cerri Teglia
None
--
None
City Clerk
LEASE
THIS LEASE AGREEMENT made and entered into this 13th day of June
19_fl~'~ by and between_._ John J.:~ Susa (hereinafter "Lessor"),
and the City of South,.iSan~.'Frahcisco'~ a municipal corporation organized and exi-st-
ing under,the laws of~CalifOrnia::(hereinafter "Lessee").
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Tha~':?LeSsor h'erebj]!il~a':d~;~'~,:':to'-LeS~ee?'~'~dS.'~L'essee' he;'~by leases fr6m Lessor';''~
that certaSn real property located at 438 Third Lane in the CSty of South San
Francisco..being limited to the garage of the structure thereon'
TO HAVE AND TO HOLD said premises unto Lessees for a continuous term of
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two (2) years, commencing on July 1, 1984 and concluding on June 30'; 1986,
yielding 'and paying to Lessors in rental ~he amounts as follows-
Rental Schedule
Fiscal Year Amount
7/1/84
7/I/85
6/30/85 $750'~00/Mo', Payable on the first day of each month
6/30/86 $800',O0/Mo'j Payable on the first day of each month
IT IS MUTUALLY AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS-
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th'e.:-'t~rms "Lesso~"'.:?~nd '"L~ssee~' 'respeC~'vely; 'a~ bmPloyed'' '~n' thi~' Lea~e AgFee:
ment are employed without distinction as to number or gender; and shall ~nclude';
whenever the context.'~-shall permit':; all agents', representatives, employees, servants,
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contractors, and business or social in¥.itees
1. At all times during the cont'inuance of this Lease Agreement"; Lessees shall;
at their own expense, keep in good condition the demised' premises, including all
improvements now located thereon or which may hereafter be added" Further,
Lessees shall, also at their own expense, make all necessary repairs to said
premises, usual wear, tear'; and damage by the elements excepted.
2. Lessees agree to examine the premises hereby demised prior to tak-
ing possession, and the commencement of the use and occupancy of the premises
by Lessees, their representatives, agents, or' employees, shall conclusively
constitute an admission and agreement on their part that the same are, at such
time in good condition and repair, except as indicated on an inventory sheet
to be signed by both parties to this Lease.
3. Lessors shall not be obligated in any way to make any changes,
repairs or improvements to. the demised premises during the continuance of
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this Lease Agreement or during any renewal term or extension hereof.
4. Lessors shall pay an amount not to exceed Ten Dollars ($10.00) per
month for the cost of all utilities, including, but not limited to, fuel,
water, gas, heat, light, power, electricity furnished or supplied to the
leased premises during the basic term and any extended term of this lease.
The balance of such costs shall be borne by Lessee. Lessees shall provide
for, and shall pay and bear all the costs of, janitorial, disposal and all
other services in and upon the leased premises.
5. In the event that Lessees shall do any act or thing on or about said
premises, or any part thereof, or cause the same to be done, or cause any
labor to be performed on or about said premises, by virtue of which there
shall be a claim or lien 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 Less~rs, and Lessees shall at once
vacate said premises on demand of Lessors, unless Lessee within thirty (30)
days satisfied said claim or lien or posts a security satisfactory to Lessors.
6. Lessors shall not be liable for any loss or damage to the property on
aid premises from any cause or source whatsoever, including leakage of
~ter, defective plumbing, defective electrical wiring, defective sewers, et
tera unless such loss or damage is caused by the acts or omissions-of Lessors,
~sors' agents, employees, or guests. In addition, Lessors shall not be liable
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for any damage or injury to persons or property occurring or arising upon said
pre~ises'~ or upon the sidewalk area surrounding said premises'~ irrespective of
what may be the cause of such damage or injury unless such damage or injury is
caused by the acts or omissions of the Lessors'. Lessors' agents', employees or
guests~ In this connection'. Lessees agree to defend Lessors against all ex-
penses'~ liability'~ and claims for damage to property~ or injury to or death
of'~ persons~'from any cause ~h~atsoever arising out of or during Lessees'
obligations or permitted acts hereunder and Lessee shall provide an adequate
insurance policy therefor~~ Ir'is understood that Lessees sh~ll be and remain
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liable under the terms of this paragraph whether the premises are subleased
to or contracted for operation by'~ any third party~
7'~ Lessees shall not assign this lease', or any interest therein'~ and shall
not sublet said premises, or any part thereof'~ or any right or privilege appur-
tenant thereto'~ or suffer any other person (the agents and servants of Lessees
excepted) to occupy or use said premises'~ or any portion thereof~ without the
written consent of Lessors first had and obtained, and a consent to one assign-
ment'~ subletting', occupation or use by any other person shall not be deemed to
be a consent to any subsequent assignment'~ subletting'~ occupation~ or use by
another person'~ Any such assignment without such consent shall b~?~oid'~ and'~
in the event thereof~ Lessors may~ at their option~ terminate this lease~
This lease shall not~ or shall any.interest therein'~ be assignable'~ as to the
interest of Lessees~ by operation of law~ without the written consent of
Lessors'°
8. In the event Lessees', their successors', or assigns'~ shall be adjudged
:o be bankrupt'~ or become insolvent, or in the event Lessees, their successors.
r assigns'~ may make an assignment for the benefit of creditors', this lease',
- the option of. Lessors'~ shall immediately end and terminate~ and shall
wise be treated as an asset of Lessees after the exercise of the aforesaid
~ion~ and Lessors shall have the right forthwith to re-enter said premises
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of their former and origna1 state~
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9~. Lessees shall permit Lessors and their agents to enter into and upon
said premises'at all'reasonable times for the purpose of inspection of Same'or'.
for the purpose of maintaining the building in which said premises are situated',
or for the purpose of making repairs'~ alterations or additions to any other
portion of said building'~ including the erection and maintenance of such scaf-
'folding canopies', fences', and props as may be required for such purposes or for
the purpose of posting notices of non-liability for alterations~ additions'~ or
repairs or for the purpose of placing upon the property in which said premises'
are located any usual' or ordinary "FOR LEASE" signs''
10" In the event of the destruction of said premises by fire'~ except that
caused by the negligence or carelessness of Lessees'~ their agents'~ employees'~
contractors'~ or invitees', earthquake', or Act of God'~ or any substantial part
thereof'~ so as to make them unfit for the purpose for which they.are hereby
leased'~ this lease shall terminate and all rights and Obligations hereunder
shall cease', provided'~ however', that Lessors shall have the right and option
to maintain this lease in full force and effect~ upon giving written notice to
Lessees of their intention so to do within thirty'(30) days after such destruc-
tion' In the event of such election by. Lessors'~ they shall proceed with the
restoration and reconstruction of the premises with all reasonable diligence~
and during such restoration and reconstruction'~ the rent herein reserved'i or a
prorate thereof'~ according to the damage done'~ shall be suspended" In the
event of the inabil.itY of the parties hereto to agree as to the extent of the
reduction of said rent of said premises', on the partial destruction thereof~
the matter shall be submitted to arbitration'~-said arbitrators to be selected
in the usual manner', that is to say: One by the Lessors and one by the Lessees'~
In the event said arbitrators are unable to determine the amount of said re-
duction of rent'~ they shall select a.third disinterested person to act with
them, and the decision of a majority of said arbitrators so selected shall be
binding upon Lessors and Lessees~ The arbitrators shall render this report in
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writ'ing within fifteen (15) days after the matter in controversy shall have been.
submitted to them, and each party hereto shall be furnished with a true and
correct copy of such written report. Each party hereto shall be responsible
for payment of the fees and expenses of the arbitrator being borne equally by
said parties. Each party's share of such fees and expenses shall become immedia-
tely due and Payable upon the COmpletion of the arbitration.
In the event that the premises, or any substantial part thereof, shall -
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be destroyed through the negligence or carelessness of the LeSsees, their rep-
resentatives, agents, employees, contractors, or invitees, then there shall be
no abatement or reduction in rent; provided, however, that under such circum-
stances Lessors shall have the option to cancel this Agreement.
11. If Lessees shall fail or neglect to perform any of the covenants,
conditions, or agreements herein contained to be kept or performed by them,
Lessors or their personal representatives may, at any time thereafter, with
proper notice, lawfully declare said term ended and re-enter said demised
premises, or any part thereof, with process of law, and expel, remove and put
out Lessees or any person or persons occupying said premises and may remove
all persons' property th~refrom,'using such force as may be necessary 'to again'
repossess and enjoy said premises as before this demise, without prejudice to
any remedies which might otherwise be used for arrears of rent or preceding
breach of the covenants.
12. This lease shall not be surrendered, whether by delivery of keys or
in any other manner whatsoever, nor shall said premises be abandoned so as to
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effect a cancellation or rescission of this lease, except with the previous
written consent of Lessors. Upon any attempted abandonment of said premises
or surrender of said lease by the tenants, Lessors shall have the right to
enter into possession of said premises without prejudice, to this lease or any
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rights..against Lessees" In the event of Lessors re-entry of the premises by
reason of the failure of Lessees 'to pay the rent or by reason of any violation
of any covenant or condition of this lease, or any attempted abandonment or
surrender thereof, or by reason of anything whatsoever', Lessors shall have the
right to sublet said premises', or a part thereof', for the balance of the term
or a term in excess thereof', either for Lessors or for Lessees as Lessees'
agent and to hold Lessees responsible for the difference between the rent
reserved and the rent obtained from said premises upon reletting same~
13~ No waiver by Lessors of any violation of a covenant, or condition
herein contained shall be construed as a waiver of true performance thereof'~
The subsequent acceptance of rent hereunder shall not be deemed as a waiver
of any preceding breach of any covenant or condition by Lessees"
14~ Lessees shall', at their own cost and expense', at all times comply
with any and all Federal and State Laws and Statutes'~ and any and all ordi-
nances'~ rules'~ regulations'~.and laws of the City of South San Francisco~ or
any of its boards', officers', servants'~ or employees~ now or hereafter to be
enacted'~ passed~, or adopted with reference to maintenance~ use~ or occupation
of said premises'~ or'~ in the conduct of any business therein carried on'~
15~. In the event any suit is brought by either Lessors or Lessees under.
this lease'~ the prevailing party therein shall be entitled to the fees of its
attorneys in such suit'~ which fees shall become due and payable at the time of
judgment suit'~ and the amount so allowed for fees shall be taxed as part of
the cost of such suit''
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16. At the end of the lease term or when the tenancy or right of occupancy
of Lessees in the demised premises is Otherwise terminated'~ said premises shall
be delivered without delay to Lessors in good repair as Lessees obtained the
same at the commencement of the lease term~ excepting any damage caused by the
direct..act, or wilfull neglect of Lessors or by his carelessness or negligence
and damage caused by reasonable wear, natural', decay', the elements Act of God';
insurrection' riot', invasion, or by military ~or usurped power; and all struc-
tures of every kind and fixtures attached to said premises by Lessees during
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the continuance of this lease except trade fixtures, shall be the property of
Lessors provided, however', tha~, in the absence of an agreement to the contrary,
Lessors shall have the option', upon the expiration or sooner termiation of this
Lease Agreement, to require Lessees to remove any such structures or fixtures,
and to restore the premises to their orignal condition all at Lessee's own
expense'~ an~ should Lessees·fail to so remove any such'structures or fixtures
and to restore said premises; LesSors may do the same at Lessees' expense.
17, The covenants and conditions herein contained shall, subject to the
provisions With respect to assignment, apPly to and bind the heirs', successors,
executors, administrators', and assigns of all the parties hereto; and all the
parties hereto shall be jointly and severally liable hereunder',
18, Lessees shall not use the premises in whole or in part for any
immoral purpose" or in violation of any Federal, State, Or Municipal Law or
ordinance', now in· force', or which may hereafter be enacted~
19. Lessees shall have the option and privilege of renewing this Lease
Agreement for one (1) additional year, at the expiration of the term hereby
granted',-provided that they shall have fullY and faithfully performed all the
terms and conditions hereof to be performed by them and provided', further; that
they shall give to the Lessors written notice of their election to exercise this
option at.least ninety (90) days before the expiration of the original term
hereof; Lessees shall not be entitled to exercise such option until after the
commencement of the sixth month immediately preceding the expiration of said
original term,
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20' Time shall be of the essence of this Lease Agreement.
IN WITNESS WHEREOF LESSORS AND LESSEES have executed this Lease. Agreement
as of the day and year first hereinabove written.
ATTEST:
City Cierk
LESSORS
By' -~ ~ ~---~
CITY OF SOUTH SAN FRANCISCO'j LESSEES
Acting City Manager
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