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1953-2214and, RESOLUTION No. 2214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE LEASING OF CERTAIN REAL PROPERTY OWNED BY THE CITY OF ANAHEIM TO REDEL INCORPORATED. WHEREAS, the City of Anaheim is the owner of all that certain real property situated in the City of Anaheim, County of Orange, State of California, and more particularly des- cribed as follows: The South 295.16 feet of the West 147.58 feet of the following described land: That portion of the West half of the Southeast quarter of Section 3, Township 4 South, Range 10 West, S. B. B. M., more particularly described as follows: Beginning at the Northeast corner of the Schaffer- Oswald Subdivision as shown on a Map recorded in Book 7, Page 41 of Miscellaneous Maps, records of Orange County; thence West along the North line of said Sub- division, 785.10 feet, to its intersection with the East line of North Olive Street; thence North along said East line of North Olive Street, 667.15 feet; thence East 742.05 feet, more or less to the West line of the right -of -way of the main line of the Los Angeles and Salt Lake Railroad Company in said Section 3; thence Southerly 251.91 feet, along said right -of -way line, which forms a curve, concave Easterly with a radius of 5764.65 feet, to its inter- section with the East line of the West half of the Southeast quarter of said Section 3; thence South along said East line of the West half of the South- east quarter of said Section 3, 419.10 feet to the point of beginning. WHEREAS, Redel Incorporated, a Corporation of Los Angeles, California desires to lease said property to be used in con- ducting a manufacturing operation and business, and WHEREAS, the City Council does find and determine that said property is not now needed for any necessary public use, and is not being used for park and playground purposes, and that the use of said property by said Lessee will not inter- fere with any contemplated use of said property by the City of Anaheim during the term for which a lease thereof is sought. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the property hereinabove described be leased to Redel Incorpora- ted, a corporation of Los Angeles, California upon the terms and conditions as set forth in the lease hereto attached and made a part hereof. AND BE IT FURTHER RESOLVED, that the Mayor and the City Clerk be, and they are, hereby authorized and directed to execute a lease in the form and upon the terms and conditions as set forth in the form of lease hereto attached demising and leasing the premises hereinabove described to Redel Incorporated. -1- ATTEST: THE FOREGOING RESOLUTION is signed and approved by me this filth day of August, 1953. MAYOR OF THE CITY OF ANAHEIM STATE OF CALIFORNIA) COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a Regular meeting of the City Council of the City of Anaheim, held on the llth day of August, 1953, by the following vote of the members thereof: AYES: COUNCIL: Pearson, Wisser, Heying and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Boney. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the llth day of August, 1953. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this llth day of August, 1953. Ci y Clerk of the ty of Anaheim N D BUSINESS PROPERTY LEASE THIS LEASE, made and entered into this day of August, 1953, by and between The CITY OF ANAHEIM, a Municipal Corporation of the Sixth Class, Party of the First Part, herein- after called REDEL INCORPORATED, a Corporation of 7405 Varna Street, North Hollywood, California, Party of the Second Part, herein- after oalled W I T N E S S E T H: -1- "LESSOR," "LESSEE," 1. That the Lessor for and in consideration of the covenants and agreements hereinafter contained on the part and behalf of the Lessee to be paid, kept and performed, does by these presents lease, demise and let unto the Lessee, and the Lessee hereby hires and takes from the Lessor all that certain real property and premises situated in the City of Anaheim, County of Orange, State of California, more particularly de- soribed as follows, to wit: The South 295.16 feet of the West 147.58 feet of the following described land: That portion of the West half of the Southeast quarter of Section 3, Township 4 South, Range 10 West, S. B. B. Y., more particularly described as follows: Beginning at the Northeast corner of the Sohaffer- Oswald Subdivision as shown on a Yap recorded in Book 7, Page 41 of Miscellaneous Maps, R of Orange County; thence West along the North Line of said Subdivision 785.10 feet, to its intersection with the East line of North Olive Street; thence North along said East line of North Olive Street 667.15 feet; thence East 742.05 feet; more or less, to the West line of the right-of-way of the main line of the Los Angeles and Salt Lake Railroad Company in said Seotion 3; thence Southerly 251.91 feet, along said right -of -way line, which forme a curve, con- cave Easterly with a radius of 5764.65 feet, to its intersection with the Nast line of the Weat half of the Southeast quarter of said Section 3; thence South along said Nast line of the West half of the Southeast quarter of said Section 3, 419.10 feet to the point of beginning, for a term of one (1) year, commencing on the 1st day of October, 1953 and ending on the 30th day of September, 1954, at a total rental of Two Thousand One Hundred (2,100.00) Dollars, payable as follows, to -wit: The first and last months' rent, in the sum of $350.00, payable upon the execution of this lease and the sum of $175.00 payable on the first day of each and every month thereafter, com- mencing on the let day of November, 1953; all of said payments to be made in lawful money of the United States to the Lessor at the City Hall in the City of Anaheim, California, or at such other place as the Lessor may designate in writing. 2. The Lessee hereby promises and agrees to pay to the Lessor the said rental herein referred to at the times and in the manner herein specified. 3. A waiver of any default by the Lessor 000urring under the terms of this lease shall not militate aged, nst the Lessor's right to take advantage of any subsequent default of Lessee. Should the Lessee default in any of the terms of this lease, its rights and authority under the terms hereof shall im- mediately cease and determine, end the Lessee shall, in such event, have no right, title or claim to such premises. 4. The said premises shall be used for conducting a manufacturing operations and research and development investiga- tions, end for no other purpose. 5. The Lessee covenants and agrees to pay, before de- linquency during the term of this lease, all water, eleotria and other lighting and heating charges, and any and every charge, lien or expense accruing or payable during the term of this lease, in connection with the use of the premises hereby leased, except taxes and governmental assessments on the interest of the Lessor. -2- The tenant has hired and demised premises after examination in their present condition (unless otherwise specifloally agreed upon in writing) and without any representa- tions an the part of the landlord or any of its agents. 7. The Lessee covenants and agrees that the Lessor shall not be called upon nor obligated to make any improvements or alterations or repairs whatsoever in or about the said leased premises, except as provided in the next paragraph and that all repairs to fixtures and equipment shall be made by Lessee at its own expense, and that after the delivery of the premises to the Lessee, the Lessor shall not be liable or a000untable for any damages 000urring by reason of any defeat either latent or patent, nor be liable for any damage occasioned by or from any plumbing, gas, water, steam or any pipes or sewerage, or the bursting, leaking or running of any water closet, tank, plumbing_ or other damage by water in, above, upon or about said premises, nor for any damage ocoasioned by any water being upon or coming through the ceiling, walls, skylight or otherwise, nor for any damage arising from any act or neglect of any owners or occupants of adjacent or oontiguous property. 8. The Lessor agrees to repair the roof upon the building looated on said premises and replace the glass in the windows of the office in said building, and to oover the balance of the windows with corrugated sheet metal and to plane two toilets in usable condition in said building, and to repair the second story floor so it will be safe for ordinary use; but, should the roof or exterior walls of said leased premises be out of repair at any time hereafter during the term of said lease, the Lessee agrees to repair the same at its own post and expense, and the Lessor shall not be liable to the Lessee or any other person for any damage of any kind whatsoever occasioned by reason of said roof or walls being out of repair. 9. The Lessee agrees, during the term of this lease, to keep the leased property and every part thereof in the same good order and condition as it may be at the time of occupancy thereof by the Lessee, reasonable use and wear thereof and damages by the elements excepted. The said Lessee agrees to keep all said premises in a clean and healthful condition and agrees to comply with all State, Federal, County and City laws, orders and regulations in connection with the use of said premises and at the end of the term of this lease, whether by lapse of time or by forfeiture, or in any other manner, to deliver and yield up said premises to the Lessor in as good condition as the same may be at time of occupancy by said Lessee, reasonable use and wear thereof and damages by the elements excepted. 10. In the event that the leased premises are destroyed by fire, earthquake or other accident, or are partially destroyed so as to render them wholly unfit for occupancy, or if they should be badly damaged by all or any of the above causes, the Lessor may, at its own sole discretion and election, rebuild or repair said building or buildings. If the Lessor elects to rebuild or repair said building or buildings and they can be repaired with reasonable diligence within ninety (90) days after the happening of such injury, then this lease shall continue in force, but during the time that Lessee is deprived of the use of the whole or any part of said premises by reason of such injury or damages by fire, earthquake or other accident and the repair thereof, said Lessee shall be entitled to a rebate on aocount of the rent herein reserved in proportion to the extent to which said Lessee is deprived of the use of said premises; but it is expressly agreed that the Lessee shall not in any case be entitled to any other compensation or damages on account of any inconvenience or annoyanoe in making any such repairs or on account of any such destruction by reason of fire, earthquake or other accident, and no allowance or deduction from the rent herein provided shall be made for any partial destruction of said premises which does not prevent the use of the whole of said premises for the purposes herein named; but, in the event that the Lessor elects not to repair or rebuild said premises or that they cannot be reconstruot- ed or repaired with reasonable diligence within ninety (90) days after the happening of such injury, then this lease shall, at the option of the Lessor, terminate on the date of suoh injury and the Lessee shall at once surrender possession of all of the said leased property and all interest therein to the Lessor, and thereafter said Lessee shall not be liable for any future payments of rental on account of said lease, and said Lessor shall return to the Lessee all rentals paid in advance for any time after the termina- tion of this lease, calculated at a daily rate based on the regular monthly rate. 11. Said Lessee agrees that it will not allow, permit nor tolerate the said premises to be used for the keeping or storage thereon of explosive, inflammable or dangerous substances or liquid, contrary to the standards established by the National Fire Proteotion Assooiation adopted May 11, 1951 for the storage, handling and use of explosive, inflammable and dangerous sub stanoes and liquids in oommeroial and industrial establishments and processing plants, and storage and use thereof as fuel for heating and power devices; and will not permit said premises to be used for any unlawful or illegal purpose or purposes; and will not permit the same to remain vaoant or un000upied for more than ten (10) oonseoutive days; and will not permit any alter- ation of, or repairs upon, or any addition or additions to any part of said demised premises without receiving the written con- sent of the Lessor. All said alterations or additions to said premises as may be consented to by the Lessor shall remain for the benefit of the Lessor, unless otherwise provided for in said written oonsent. The Lessee shall neither install nor maintain any machinery or apparatus, the weight or vibration of which will tend to injure the structural strength of said building. Lessee specifically agrees that it will not do anything which will cause any increase in the fire hazard in said demised premises without the written consent of the Lessor first had and obtained; and in the event of any oonsent expressed or implied, all increase in insurance premiums by reason thereof shall be paid by Lessee. No auctions, nuisances, nor anything which will be an unreasonable annoyance to adjoining tenants or which will injure the reputation of the premises will be done or permitted. 12. It is expressly covenanted and agreed that should the Lessee be in default, at any time, in the terms of this lease, the Lessor may then enter upon said premises in the oaee of suoh default and may repossess itself of all the property herein leased and the Lessor shall have the right to immediate possession and complete control of all of the premises and the Lessor shall not be required to take, unless at its election, any form of legal proceedings to effeot its repossession of the premises as herein provided; and upon demand or notice, the Lessee agrees, in the oase of such default, to relinquish, imme- diately, the premises to the Lessor, and in case the Lessor shall notify the Lessee that it desires to repossess itself of such premises because of any default, immediately thereafter, said Lessee shall become trespasser upon said property and may be removed therefrom by force, and the Lessor shall not become trespasser by entry upon said premises, but it shall be determined to be in full oontrol and shall be privileged to remove said Lessee, together with all or any person or persons acting for or under said Lessee. Any failure on the part of the Lessee to parry out any of the terms of this lease shall give the right to the Lessor to exercise the rights and privileges hereinbefore provided of re -entry and repossession, and the Lessor shall have the immediate right to the control and delivery of said premises and the Lessee shall have no further rights thereunder. 13. It is further agreed that the Lessee shall not assign or sublet this lease, or any interest therein, without the oonsent, in writing, of the Lessor, and the giving of such oon- sent shall not be a waiver of any rights to objeot to further or future assignments, but the consent to each euooessive assignment must be obtained in writing from the Lessor herein; furthermore, this lease shall not be assigned or transferred by any process of insolvenoy or bankruptcy, either voluntary or involuntary, nor by receivership proceedings, and should the Lessee be dispossessed of said premises by attachment proceedings, or other legal pro- ceedings and remain out of possession of said premises for a period of ten (10) days, the Lessor herein may, at its option, declare this lease oanaelled. And, furthermore, in the event that the Lessee shall be adjudicated bankrupt or insolvent, such shall be construed to be a default on the part of the Lessee and shall give rise to all the rights and remedies the Lessor may have to repossess itself of said premises. In such exigency, all of the rights of the Lessee in ,and to said premises, either to its use or otherwise shall pease and determine. 14. The restrictions, covenants and agreements herein contained as to sub- letting, and assignment whether by voluntary cot or by operation of law, are continuing restriotions, condi- tions and covenants, and shall not be waived or exhausted by any consent or waiver of the Lessor in one or several instances, but ,2 /c' are expressly understood to apply to all assignees of the Lessee and its successor, as well as to the Lessee itself. 15. The Lessee covenants and agrees to hold t Lessor of said premises forever harmless from any loss or damage of any kind resulting from the misuse or neglect of said premises by the Lessee, or any person or persons holding under it. 16. It is expressly agreed that the Lessee will obtain adequate insurance to protect itself against loss or losses due to injuries to or the death of any employees of said Lessee, whether said loss or losses shall be due to compensation which the Lessee may be required to pay to such employees under the Work men's Oompensation Act of the State of California, or a similar statute, or to any judgment against the Lessee in any court of oompetent jurisdiction, or whether in oompromising such a olaim or pending action, to recover the same. The Lessee likewise agrees to protect the Lessor from any responsibility or liability whatso- ever to any person or persons for injuries of any kind while upon or in oonneotion with the use of said premises and the property hereby leased, with minimum public liability of $100,000.00 for death or injury to any one person injured, and maximum liability of $200,000.00 for death or injury to more than one person in any one accident, and property damage insurance in the amount of $1 Lessee likewise agrees to oarry and maintain fire insurance covering the buildings on the said premises in an amount of $10,000.00. 17. Should the Lessee hold over and remain in possession of said leased property after the end of the term hereof, with the expressed or implied consent of the Lessor thereto, such holding shall be construed as a tenancy from month to month at the same rental and upon the same oonditions as are herein provided for the original term hereof. -8- 18. In any action or proceeding which the Lessor may deem necessary to prosecute or to enforce any rights hereunder, the Lessee agrees to pay all costs incurred by the Lessor herein, including reasonable attorney's fees. 19. Each and all of the various rights, powers, options, and remedies of the Lessor in this lease shall be considered as cumulative and no one of them as exclusive of the other or as exclusive of any remedies allowed by law. 20. The Lessee covenants and agrees that the Lessor, its officers, agents, servants or employees, at all reasonable times, shall have free access to the premises hereby leased for the purpose of examining or inspecting the conditions of same or to make any needful repairs or alterations in said premises which the Lessor may see fit to make, after the Lessor bas ob- tained clearance from the proper military authorities. The Lessee further covenants and agrees that no compensation or damages will be claimed by the Lessee or allowed by the Lessor by reason of any inconvenience or discomfort arising from any repairs, changes, alterations, additions or improvements deemed necessary or desirable by the Lessor. 21. Lessee further covenants that should any glass of any description, in the within described premises, be broken during the term of this lease, the Lessee agrees to replace the same at once at Lessee's own expense, or pay the Lessor the cost of replacing same. 22. If the Lessee shall be in default in the payment of the rent or shall vacate or abandon the said premises as hereinbefore provided, or violate any of the terms, provisions or conditions hereof, the Lessor may, if it so elects, re -enter the said premises, with or without notice, and remove the con- tents and take possession of said premises and re -let the same or any part thereof at such rental and upon such terms and con- ditions as it may deem proper, and apply the proceeds thereof, less the expenses, including the usual agent's commission so incurred, upon the amount due from the Lessee hereunder, and the Lessee shall be liable for any deficiency. If the Lessor shall take possession of said premises and re -let the same, such re- letting shall not operate as a termination of this lease unless the Lessor so elects, such election to be evidenced by written notice to the Lessee, nor shall such action by the Lessor operate as a waiver of any other rights or remedies of the Lessor hereunder. 23. Eaoh and every of the terms, covenants and condi- tions of this lease shall inure to the benefit of and shall bind (as the case may be) not only the parties hereto, but each and every of the successors, assigns and legal representatives of the respective parties hereto; provided, however, that as to any sub letting or assignment of said premises of this lease or any inter eat herein by the Lessee, the clauses hereinbefore contained re- quiring the written consent thereto of the Lessor shall control. 24. IT IS UNDERSTOOD AND AGREED that the Lessee shall have possession of said premises on the 1st day of October, 1953. IN WITNESS WHEREOF, the parties have caused this Busi- ness Property Lease to be executed each by its officers thereunto duly authorized, and their respective oorporate seals to be affixed hereto, the day and year first above written. StAL SJ LL ATTEST: ATTEST: -10- CITY OF ANAHEIM By C G REDEL INCORPORATED By President Secretary LESSOR. LESSEE. STATE OF CALIFORNIA COUNTY OF ORANGE Bs. On this day of August 1953, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the and known to me to be the of REEL INCORPORATED, one of the corporations that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation herein named, and acknowledged to me that suoh corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixe my official seal the day and year in this certificate first above written. (Seal) Notary Public in an or said Oount y and St ate a