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Home My WebLink About4601 . \J RESOLUTION NO. 4601 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE LEASE OF 135- 141 WHEELER AVENUE, CITY OF ARCADIA, BY THE REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA TO SHELVY L. DAY, DBA G & S TOWING SERVICE AND FINDING THAT THE $300 PER MONTH RENTAL PRICE IS NOT LESS THAN ITS FAIR VALUE BE IT RESOLVED AND DETERMINED by the City Council of the City of Arcadia as follows: SECTION 1. That, a public hearing having been duly held pur- suant to Section 33434 of the Health and' Safety Code of the State of California, the lease of Arcadia Redevelopment Agency property known as 135-141 Wheeler Avenue, City of Arcadia, California, to Shelvy L. Day, doing business as G & S Towing Service, attached hereto as 'Exhibi t "A", which property was acquired in whole or part from the re- development revolving fund, is hereby approved, and we hereby find that the rental price of $300 per month is not less than the fair rental value of said property and that the use proposed to be made of said site is in conformance with the Arcadia Redevelopment Plan and Arcadia Municipal Code. SECTION 2. The City Clerk shall certify to the adoption of this resolution. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meet,ing of the City Council of the City of Arcadia held on the 21st day of December, 1976, by the affirmative vote of at least three Council members, to wit: -1- 4601 AYES: Councilmen Gilb, Margett, Parry, Saelid and Lauber NOES: None ABSENT: None ~f~h~/ 21st SIGNED AND APPROVED this ATTEST: ~~ City Clerk (SEAL) day of ~.-.d(~ Ma or of the C~ty -2- December , 1976. /./ ~,,~- of &-cad~a 4601 RENTAL AGREEMENT THIS RENTAL AGREEMENT is entered into this 21st day of ' December ,1976 by and between the ARCADIA REDEVELOPMENT A<.>ENCY, a public body, corporate and politic,' of the State of California, hereinafter referred to as "Landlord'" arid Shelvy L. Day, doing business as G & S Towing Service, hereinafter referred to as , ' "Tenant", on'the terms and conditions hereinafter set for,th: 1. Premises; Rental Term. Landlord hereby rents to Tenant and Tenant hereby rents from Landlord those certain premises located in the City of Arcadia, State of California, commonly known as 135- 141 Wheeler Avenue and more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, such property hereinafter called the "Premises". The rental term shall commence upon taking possession of Premises 'and shall continue for one (1) year thereafter, ,unless sooner terminated pursuant to Section 5 or 6 below. 2. Rent. Tenant agrees to pay to Landlord as rent for the Premises a monthly rent of Three Hundred Dollars ($?OO.OO) payable in advance on the f,irst day of the month during the term of this Rental Agreement:. 3. Use of Premises. Tenant shall use the Premises for purposes only as approved in writing by Landlord and for such other lawful incidental uses as may be approved by Landlord's Executive Director in writing. Tenant shall obtain -1- Exhibit "A" necessary licenses, permits or other approval, prior to commencement of the proposed uses, except that Landlord shall make application for the Conditi.onal Use Permit. 4. Improvements; Alterations and Additions. Tenant accepts the Premises in its present condition and agrees to improve the Premises at his own expense in accordance with the terms and condi- tions of the final Conditional Use Permit, the Official Police Garage Storage and Tow Service Contract between Tenant and the City of Arcadia, and any laws applicable thereto. Tenant agrees to in- stall and pay for the aforedescribed improvements with a time period specified in writing by the Director of Public Works, Planning Director and Chief of Police of the City of Arcadia. Ownership of ' 'all improvements. :(as distinguished from repair and maintenance) placed upon the .premises by Tenant shall be the property of Landlord. It is the intention of the parties hereto that such improvements shall be part of the real property. All plans for improvements of the Premises and of altera- , , I' , I tions and additions 'thereto shall be subject to the prior approval of the Planning Director, Police Chief and the Director of Public Works of the City of Arcadia, California. 5. Cancellation of Term. Landlord may cancel the term of this Rental Agreement at any time upon not less than 30 days' prior written notice to Tenant. 6. Assignment and Subletting. Tenant may not assign all or any part of its interest in this Rental Agreement or sublet the Premises or any portion thereof without the prior written consent' of Landlord's Executive Director. -2- 7. Hold Harmless and Insurance Coverage. Tenant agrees to defend, indemnify, and hold Landlord harmless from any claim against Landlord or loss incurred by Landlord arising out of the use' of said Premises or the condition thereof during the term of this agreement. Tenant agrees to maintain public liability and property damage insurance with Landlord, its Board, Agents and employees named as an additional insured in a sum of not less than $100,000 per person, $300,000 per occurrence for bodily injury and $50,000 for property damage. Tenant agrees to submit to Legal Counsel for Landlord for approval as to form a certificate from a qualified insurance company evidencing the aforesaid insurance coverage and a statement by the insurer that Landlord shall be given 30 days prior written not~ce of any cancellation or alteration thereof. Said Certificate shall be delivered by Tenant to Landlord upon execution of this lease by Lessor. 8. Maintenance of Premises. Tenant agrees to maintain the Premises in a first-class, clean, orderly and neat condition throughout the term of this agreement. Tenant agrees to bring and maintain the Premises in compliance with all applicable laws and agrees to pay the cost thereof. 9. Landlord's Remedies. In the event Tenant breaches any of the terms or conditions of this Rental ~greement and such default continues for a period of 10 days after written notice thereof from Landlord to Tenant specifying the default (unless the nature of such default is such that the same cannot reasonably be cured within such 10-day period, in which event Tenant shall not be deemed to be in default if Tenant shall within such 10-day period commence to cure and thereafter diligently prosecute curing such default to -3- to completion), Landlord shall have all remedies available to the Landlord of real property permitted from time to time by applicable California Law. 10. Notices. All notices and other communications shall, be in writing and shall be deemed to have been given 3 days after having been mailed by first-class certified mail, return receipt postage prepaid, or delivered, addressed as follows: If to Landlord: Arcadia Redevelopment' Agency 240 West Huntington Drive Arcadia, California Attention: Lyman Cozad, Executive Director If to Lessee: Shelvy L. Day, dba G & S Towing Service 625 West Las Tunas Drive Arcadia, California 91006 or at such other address as either party may give to the other by written notice. ' 11. ~urrender of Premises. At the expiration or sooner, termination of this Rental Agreement shall surrender the Premises and all improvements to Landlord in their then condition. 12. Tenant further agrees, for full and adequate consider- ation receipt of which is hereby acknowledged, to give prompt and efficient towing, storage and flat-tire service to ail official vehicles of the City of Arcadia located within a 3D-mile radius of Arcadia City Hall at no cost to Landlord or the City ,of Arcadia. 13. The Tenant herein covenants by and for himself, his , " heirs, executors, administrators, and assigns, and all persons -4- claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, national origin, or ancestry, in the leasing, suhleas- ing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased. IN WITNESS WHEREOF, the parties have executed this Rental Agreement as of the day and year first above written. ARCADIA REDEVELOPMENT AGENCY, LANDLORD By Executive Director TENANT By Shelvy L. Day, dba G & S Towing Service -5- Lots 9 and 10, Block 77 of "Arcadia" Santa-Anita Tract in the City of Arca~lia, County of Los Angeles , State of California as per map recorded in Book 15 Pages 89 and 90' of Miscellaneous Records in the office of the County Recorde,r of Said County. EXCEPT tha~ portion of said-Lot 9 within the following described parcels: i :j Ileginning l1t i:\ point of intersection of tJort'her.ly Une of I^lheeler Street (formerly I^lalnut Street) GO feet in width as now establi~had with the Northeasterly line of the 50 foot right-of-way 9f the ^tchison, Topeka and Santa Fe Railwoy Co., as described in deed doted May 2, 1890, and recorded in ~ook 661 Pnge 190 of Deeds; thence Northwesterly 1110ng said Northcostcrly line 18.33 feet to point of inl:ers0.ction with the Westerly line of said Lot 8; thence Nor.thcrly nlong said Westerly line 2'3.39 feet; thence Southeasterly alqng the l1rc of a curve 563.686 feet radius, conCi)ve Northeaster.ly, an arc distance of 80.04 feet toa point in said Northerly line of Wheeler Street, distance Easterly along said Northerly line 57.65 feet from said point of beginning; the tangent to said curve at point of intersection with the Westerly line of said Lot 8 makes a Northwest l1n~le of 600 09' 06" with said ivesterly lot line; the tl1ngent to said curve at point of intersection \dth sl1id Northcl'ly l.ine of ,\-Iheeler 1't:I:eet., .makes " Sot1~_hc,'st_crly aWll,' of 210 ,12' ,1(,"; thence H0.sterly alon" solid Not:!.h,.,-I.,- .Iill<< 0['1-Il1ee1('1' SU"'I't, 57.65,fcet to the point of beginning. ,\ ,I :' Ii ji " i ! ~i i 'I :1 , , I' ,: ;1 I EXHIBIT "A" TO RENTAL AGREEMENT , I" , I , , , " , , II :\ I' I' , ,