OFFICE COPY!
LEASE OF REAL PROPERTY
Stephen i. Morris and Norna C. Morris
Lessee (s)
1354 Test Shore Drivi
Address
AGREEMENT entered intos January 29 , 19 34 _, between
the CITY OF ALAMEDA, a municipal corporation (hereafter, "Lessor") and Stein% Morris
(and orne 3. Morris
(hereafter, "Lessee (s)").
WIINES SETH:
WHEREAS, Lessor is the owner of the hereinafter described real property acquired from the State of California by Stats. 1913, Chapter 348, as amended by Stats. 1917, Chapter 594, and Lessee is the owner of the abutting upland property.
and the
NOW THEREFORE, in consideratior of the rents reserved
covenants hereinafter contained, the parties agree as follows:
GRANT OF LEASE
Lessor leases to Lessee, and Lessee hereby leases from Lessor, subject to all of the agreements, terms, conditions and covenants herein, the parcel of land situate in the City of Alameda, County of Alameda, State of California, more particularly described in the attached Exhibit A,— incorporated and made a part hereof as though set forth at length here.
TERM
The term of this lease shall be for the period of 25 years, con- mencing upon execution hereof, unless said term shall be sooner terminated as herein provided, Lessee yielding possession and agreeing to pay rental RENTAL
Lessee covenants and agrees to pay to lessor as rent for the denised premises that annual rental fee as established on the attached sched- ule ¡Exhibit B) for the base year. The following year rental fee will be the base year amount plus an adjustment for inflation as measured by the Departient of Labor Cost of Living Index for the San Francisco Bay Area.
Lessee will be reimbursed a maintenance allowance to help compensate for seawall maintenance which will benefit both the Lessee and the surrounding areas as well. The amount of allowance for normal maintenance shall be 50% of the Tidelands portion of the lease amount shown in Exhibit B Column F.
The grant of this allowance will be determined by the City Engineer, as shown in the paragraph denoted "Seawall Maintenance." Payment shall be due january 31 of each calendar year and delinquent on March 1 of each calendar year after the execution of the lease agreement.
UTILITIES
Lessee agrees and covenants to pay and be liable for any and all charges attendant upon the use of any public utilities upon the demised premises and any and all similar charges, it being the intention of the parties hereto that the Lessor shall bear no cost or expense concerning the demised premises during the term set out above.
USE OF PREMISES
Lessee agrees and covenants that the demised premises shall be utilized exclusively and solely during the term of this lease for the construction, maintenance and operation thereon of docks, ramps, associated structures, seawall, retaining walls, and landscaping and for such purposes only as are in accordance, and not in conflict, with the activ- ities consistent with the zoning of the leased property. Lessee accepts tris lease and the demised premises at his own risk with respect to . the roregoing.
•
IMPROVEMENTS
Lessee agrees and covenants that any improvements upon the premises, including filling, structures, or landscaping, shall be placed thereon only upon the prior written approval of the City Engineer and Director of Planning and upon the obtaining of necessary permits from all permit agencies who have jurisdiction. If any improvement heretofore constructed thereon does not conform to applicable building, zoning, and other requirements of Lessor municipality or other applicable jurisdictions, Lessee agrees to expeditiously alter, change or modify same to effect con- formance, failing which Lessee agrees to remove same. The City will not require Lessee to bring structures, previously approved by a building permit, up to new building code standards. The City will consider applica- ble homeowners association concern or concerns of immediate neighbors in granting permits for the placement of structures described in the foregoing paragraph. Approval of the permit will not unreasonably be withheld by the City.
All structures and improvements so installed shall become and remain property of Lessor upon termination of this lease and any renewal thereof.
COMPLIANCE WITH LAW
Lessee, at his sole cost and expense, shall conform to, abide by and comply with any and all requirements, laws or ordinances of municipal, county, state and federal authoritles now or hereafter in force, pertaining to the demised land or the operations or activities conducted thereon.
MECHANIC'S LIENS
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Lessee agrees to pay for all labor done or materials furnished in the construction, repair or replacement of buildings or structures, on, or the improvement of, the demised premises by the Lessee, and to keep the reversionary interest of the Lessor in said premises free and clear of any Ilen or encumbrance of any kind whatsoever created by the Lessee's act of omission.
INSPECTION AND WAIVER
Lessor reserves, and shall always have the right to enter said premises to view and ascertain condition of same, and to insure compliance with this lease. Lessee grants Lessor the right to cross over Lessee's property to enter said premises, for these purposes only.
The waiver by Lessor of any breach of any term, covenant or condi- tion herein 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 acceptance 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 failure to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent, nor shall any failure on the part of Lessor to require full compliance with any of the covenants, conditions or agreements of this lease be construed as in any manner changing the terms hereof or to prevent Lessor from enforcing the full provisions hereof, nor shall the terms of this lease be changed or altered in any manner whatsoever other than by written agreement of Lessor and Lessee.
HOLD HARMLESS
Lessor, its agents, officers and employees, shall not be held liable for any claims, liabilities, penalties, fines, or for any damage to effects or properties of Lessee or any of Lessee's representatives, agents, employees, guests, licensees, invitees, sublessees, or of any other person whatsoever, nor for per sonal injuries or deaths or any of them, caused by or resulting from any acts or omission of Lessee or his agents (including independent contractors) in or about the lease premises.
Lessee further promises to indemnify and save free and harmless Lessor and its agents, officers and employees against any of the foregoing and expenses incurred by Lessor on account of
liabilities and any costs
any claim or claims therefor. Provided, however, that this indemnification and hold harmless clause shall not apply to any injury, death or damage === ...a an amalavose
ASSIGNMENT
Lessee shall not sell, assign or otherwise transfer this lease, or any interest therein, without the prior written consent of Lessor's City Council, except that this lease shall run with the sale of the abutting upland property benefited hereby. Lessee agrees that any monies received from third parties for any use of the demised premises shall be held by Lessee in constructive trust for Lessor.
All the covenants and agreements herein contained shall extend to and bind any assignee or successor of Lessee as fully and to the same extent as though specifically mentioned.
DEFAULT
This lease shall terminate and Lessor shall have the immediate and lawful right to re-enter said premises, repossess the same and expel Lessee, and all Lessee's rights hereunder shall thereupon cease, whenever any one of the following events or actions occur:
(1) Failure of Lessee to make the rental payments in the manner, time and amounts herein agreed;
(2) Lessee falls to comply with any of the covenants, condi- tions or agreements herein contained;
(3) An order made by a court of competent jurisdiction, or by any federal or state agency having jurisdiction, that the use of said premises is unlawful or in violation of such order;
Lessor, prior to pursuing any remedy, shall give notice of default in writing to Lessee. If the default is nonpayment of rent, Lessee shall have 30 days after notice is given to secure the default. For the cure of any other default, Lessee shall, promptly and diligently after notice 1s given, commence to cure the default and shall have 60 days to complete the cure. If any default shall remain uncured following notice in the time given to cure, Lessor may terminate the lease - re-enter the "premises, repossess the same and expel lessee.
Notice will be given of a hearing before the City Manager, prior to termination of lease.
MINERAL RESERVATIONS
Nothing herein shall be construed to vest in Lessee any right, title or interest in or to any deposit of coal, oil, oil shale, gas, phosphate, gravel, metal or other mineral deposits in, upon or under the lease premises, and all such mineral deposits are hereby expressly reserved to Lessor.
SEAWALL MAINTENANCE
Lessee is entitled to a reduction in the lease amount of the "Tidelands" component of the lease shown as Exhibit B, attached. This reduction is for the purpose of helping to maintain the seawall to prevent flooding and erosion which would be to the detriment of the Lessee, Lessor, and surrounding property owners as well. The City Engineer, or his designate, will inspect the condition of the seawall to ensure adequacy against flooding and high tides. This inspection will be done on an as-needed basis, and Lessee will be notified in writing of needed repairs. Lessee agrees to maintain the seawall to the satisfaction of the City Engineer.
ENTIRE AGREEMENT
This instrument embodies the entire agreement and understanding of the parties and there are no further or other agreements, written or oral, relating to the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed on the day and year first above written, the Lessor by its Mayor and attested by its City Clerk, thereunto duly authorized.
CITY OF ALAMEDA,
a municipal corporation,
Cune B. Diament
By Anne B. Diament
Mayor
Attest:
City
LESSOR
LESSEE(S)
rite attorney
EXHIBIT A
DESCRIPTION FOR LEASE OF A PARCEL OF CITY LAND
FRL: 5121
ADDRESS BLOCK LOT
HANE
3367 FERNSJDE RL.VD A
ROGERS 1628 FERNSIDE
FERNSIDE
SUITLEBEN 1022 FERNSIDE
-MOONS 1620 FERNSIDE BLVD
CANDANSKI 1516 FERNSIDE ELVD
ALLEN 1612 FERNSIDE BLVD A
1534 EAST SHORE DRIVE A 8
NEWKIRK
JUSTIN 1530 EAST SHORE DRIVE A
1526 EAST SHORE DRIVE A 10
BLUME
1522 EAST SHORE DRIVE 11
LONG
1516 EAST SHORE DRIVE A 12
KIEWLICH
1514 EAST SHORE DRIVE 13
HANNA
1510 EAST SHORE DRIVE 14
FRENCH
1506 EAST SHORE DRIVE A 15
LOVELL
1502 BAST SHORE DRIVE A 16
PARIKAS
3335 LIBERTY AVENUE A 17
HALLETT
1450 EAST SHORE DRIVE 2
PESTANO
1448 EAST SHORE DRIVE
SCHECKMAN
1446 EAST SHORE DRIVE
BURROR
1444 EAST SHORE DRIVE B
THORNTON
1440 EAST SHORE DRIVE
PON:
KANN 1436 EAST SHORE DRIVE
SHORE DRIVE 8
ORTMAVER 1432 EAST
1414 EAST SHORE DRIVE
EKBERG
1410 EAST SHORE DRIVE
LEM
1406 EAST SHORE DRIVE B
STUART
EAST SHORE DRIVE 12
MORCH 1400
EAST SHORE DRIVE 13
BARNI 1380
SHORE DRIVE 14
FORS 1376 EAST
SHORE DRIVE 15
1373 EAST
FOSTER 10:
1368 EAST SHORE DRIVE
ROBINSON
' SHERMAN 1366 EAST SHORE DRIVE
1364 EAST SHORE DRIVE
SCHMIDT
1362 EAST SHORE DRIVE
3FACREN! C
1358 EAST SHORE DRIVE
1254 EAST SHORE DRIVE
NORRIS
1350 EAST SHORE DRIVE
DAT
1328 EAST SHORE DRIVE
P PERSON
1324 EAST SHORE : DRIVE
AENGER
1320 EAST • SHORE DRIVE
P1: 4008
1316 EAST SHORE DRIVE C
1312 EAST SHORE DRIVE C
DRIVE 12
FERROUS INV 1308 EAST SHORE
1304 EAST SHORE DRIVE C
1. ENG C 14
1300 EAST SHORE DRIVE
CATAMBAY 15
EAST SHORE DRIVE C
ROSENDERS 1250
SHORE DRIVE 16
1246 EAST
":I1 E A ST LENSES
EXHIBIT TOTAL OF BASE YERR
UPLANDS TIDE- DEEP BASE YEAR LEAS. DUNTS LEASE AMOUNTS
AREA LANDS KATER $0.05 $1.00 • ·3.00
(Sq. Ft./ (Lin. Ft) (Lin,Ft) X (C) % (D) (E+F+6)
NAME ADDRESS
(C) (D) (E) (F) (G) (R)
(4)
=====
===========
FERNSIDE 600.00 11.00 37.00 30.00 11.00 111.00 152.00
AMAD 3367
38.00 92.00 188,70 38.00 276.00 502.70
FOGERE i328 FERNSIDE 3774.00
45.00 86.00 345.40 45.00 259.00 648.40
FAINE 1526 FERNSIDE 8908.00
FERNSIDE 11390.00 68.00 83.00 569.50 68.00 249.00 896.50 CUTLEREN 1612
52.00 72.00 426.50 52.00 216.00 694.50
SIMMONE 1620 FERNSIDE 8530.00
50.00 57.00 427.50 50.00 171.00 648.50
CONANSA! 1616 FERNSIDE 9550.00
1610-12 FERNSIDE 9350.00 42.00 49.00 467.50 42.00 656.50 ALLEN
NEWKIRK 1534 EAST SHORE 4000,00 15.00 0.00 200.00 15.00 215.00 JUSTIN 1530 EAST SHORE 3595.00 35.00 19.00 179.75 35.00 271.75
48.00 19.00 227.85 18.00 332.85
1526 EAST SHORE 4557.00
1522 EAST SHORE 4240.00 48.00 40.00 212.00 48.00 380.00 LONG
CEKLICE 1515 EAST SHORE 4008.00 48.00 40.00 200.40 48.00 368.40 1514 EAST SHORE 3648.00 48.00 31.00 182.40 323.40
1510 EAST SHORE 3312.00 48.00 0.00 165.60 213.60
FRENCH 173.75
LOVELL 1506 EAST SHORE 2675.00 40.00 0.00 173.75
2600.00 40.00 0.00 130.00 170.00
PORIKOS 1502 EAST SHORE
100.00 0.00 170.00 270.00
HALLETT 3335 LIBERTY 3400:00
34.00 0.00 12.75 46.75
PESTANO 1450 EAST SHORE 255.00
0.00 0.00 45.00 0.00 45.00
SCHECKMAN 1448 EAST SHORE 0.00 45.00
45.00 0.00 0.00 45.00 0.00 45.00
BUFRDE 1446 EAST SHORE 0.00
0.00 50.00 0.00 0.00 50.00 0.00 50.00
THORNTON IR44 EAST SHORE
50.00 0.00 0.00 50.00 0.00 50.00
FORE 1440 EAST SHORE 0.00
59.00 0.00 0.00 59.00 0.00 59,00
1436 EAST SHORE 0.00
50.00 8.00 0.00 50.00 0.00 50.00
DATOVES 1432 EAST SHORE 0.00
0.00 0.00 50.00 0.00 50.00
EXPERO 1414 EAST SHORE 0.00 50,00
0,00 50.00 0.00 50.00
LEX 1410 EAST SHORE 0.00 50.00 0.00
50,00 0.00 7.50 50.00 0,00 57.50
STUART 1406 EAST SHORE 150,00
0.00 10.00 55.00 0.00 65.00
MARCH 1400 EAST SHORE 200.00 55.00
0.00 35.00 55.00 0.00 90.00
BARN: 13B0 EAST SHORE 700.00 55,00
0.00 11.25 55.00 0.00 96.25
FORE 1576 EAST SHORE 825.00 55.00
0,00 50.25 60.00 0.00 110.25
1372 EAST SHORE 1005.00 60.00
FOSTER 50.00 0.00 107.50
: 369 EAST SHORE 1150.00 50.00 0,00 57.50
ROBINSON 50,00 0.00 110.00
1200.00 50.00 0.00 60.00
SHERMAN i365 EAST SHORE 0.00 112,50
1354 EAST SHORE • 1250.00 50.00 0.00 62.50 50.00
SCHMIDT 0.00 73.00 53.00 0.00 126.00
SEABEEN 1362 EAST SHORE 1480.00 53.00 105.00
50.00 0.00 55.00 50,00 0.00
:359 EAST SHORE 1100.00
DOPE
77.50 50.00 0.00 127.50
40PA19 1354 EAST SHORE 1550.00 50.00 0,00
0.00 85.00 55,00 0.00 140.00
1350 EAST SHORE 1700.00 55.00 121.00
51.00 0.00 70.00 51.00 0.00
FETERSON 1328 EAST SHORE 1400.00 0.00 111.00
1200.00 51.00 0.00 60.00 51.00
SERGER 1324 EAST SHORE 0.00 78.00
520.00 52,00 0.00 26.00 52.00
BRISCOE 1320 EAST SHORE 0.00 100.75
975.00 52.00 0.00 48.75 52.00
IJIE EAST SHORE
50.00 52.00 0.00 102.00
1312 EAST SHOSE 1000.00 52.00 0.00 102.00
S01E 0.00 50.00 52.00 0.00
PERFOUS I :308 EAST SHORE 1000.00 52.00 119.50
52.00 0.00 67.50 52.00 0.00
HANS 1304 EAST SHORE, 1350.00 0.00 - 139.00
60.00 0,00 79.00 60.00
CARAMPA: 1300 EAST SHORE 1580.00 0.00 149.50
67.50 0.00 92.00 67.50
FOGENRERS ¡Can EAST SHORE 1640.00 0.00 117.75
52.00 0.00 65.75 52.00
1345 EAST SHORE 1515,00 S======