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HomeMy WebLinkAboutPG&E - Lease Agreement BE IT RESOLVED ~ P.o.&. E. co. ~NEl b~.' 98h.8"A" . FILE NO.._.. ... !III That the City of Gilroy lease unto PACIFIC GAS <.\ ELECTRIC CO>>PANY,a oorporation, the premises looated at the Northeast corner of Old Gilroy Street and East Street in the City of Gilroy, tor a term of ten (10) years, beginning on the first day ot september,1954, for the annual rental of Sixty <$60.00) Dollars, payable annually in advance, said premises being the same heretofore leased to the COAST COUNTIES GAS &: ELECTRIC COMPANY, in accordance with the provisions of a form of lease subnitted by sdd PACIFIC GAS & ELECTRIC COMPANY, and That the Mayor and City Clerk ot the said City ot Gilroy be, and they are hereby, authorized to execute the said lease, as submitted, on behalf on the said City ot Gilroy. PASSED and ADOPTED on the 1st day of ltovesnber, 1954, by the following vote: ADS: Counoilmen Pate ,ltennec1y,Rush,PeterseD, lianchez NOES. Councilmen None ABSENT a Counoilman Gallo Attest: ~o~, J4.~SO' Mayor PaA.COX ity Clerk ~~'S CB~~IC~i It P.A.Cox, City Clerk ot the City of Gilroy, do hereby certify that the toregoing oopy ot Resolution has been compared by me with, and 1s a true and correct oOPY ot the whole of such resolution, duly adopted at and appearing among the official minutes ot the regular meeting of the Coamon Council of 'the Ci ty ot Gilroy held on the first da1' of November,1954. /~ (C.../ C '~~' '-'A- C1 ty ~l erk 0 . C1 ty ot Gilroy 1:.-'J1A'I: .&GF~ r1 /J't..,,{.J THIS LEASE made and ent.ered into this /' - day of 1 ! /i ~ /7/74:;>,(, ....q./1954, by and bet.ween t.he CITY OF GILROY, hereinaft.er called the Lessor, and t.he PACIFIC GAS AND ELECTRIC C014PANI, a corporat.ion, hereinaft.er called t.he Lessee. WITNESSETH: That. the Lessor, for and in considerat.ion of the rents, covenants and agreement.s, hereinafter contained, t.o be paid, kept., and performed, by the Lessee, bas leased, demised and let., and by these present.s does lease, demise and let unto the said Lessee, and the Lessee takes and hires from the Lessor, t.he following described premises, situate in the City of Gilroy, County of Santa Clara, St.at.e of California, and more particularly described as follows, to wit: Being in Block 2 South, Range 7 last, as shown on Map 10. 8 acoompanying the report of the referees in t.he Las Animas REu.lcho Parti t.ion suit ot Henry Miller et. al vs. Massey Thomas et al in the Superior Court ot the State of Cali1'ornia in and for the County of Santa Clara, Case 10. 55:36, and as DlOre partioularly described as follows:- Begi,"n" ng at the point of intersection of the Northerly line of Old Gilroy Street. with the Jasterly line of East Street.; thence Northerly along the ksterly line of East Street 50.00 feet; thence at right angles Easterly 20.00 feet; thence at right angles Southerly and parallel to East. Street 57.22 reet to the liortherly line of Old Gilroy Street; thence Westerly along the said line 21.27 feet to the point of beginning. Surveyed and monumented .lug. 15, 1944 by W. J. Hanna, Registered Civil Engineer No. :3704, Cit.y Engineer of Gilroy; for the ten beginning September 1, 1954, and ending August :31, 1964. The Lessor reserves and the Lessee agrees to pay as rental for t.he demised preaises the sum of t60.00 each year, in advance, during the term hereof; payments to be made at the office of the Lessor '., li in Gilroy, California. The Lessee agrees t.o use the premises for purposes connected with their own operat.ions and for no other business or purpose, without the writt.en cODsent of the Lessor. -1- Lessor, or its agents, shall have the right to enter the preaises at all times to inspect the SBDle during the term hereof. Without the prior written consent of the Le.sor the Lessee shall not assign this leale or any interest therein, or sublet the demised. premises or any part thereof, and vi thout such consent any attempted sublease or assignment, whether voluntary or by operation of law, shall be void. The Lessee shall observe and comply vi th and perform and execute all Federal, state and. county statutes, ordinances, rules, regulations, and orders, and any and all regulations and orders of any Federal, ltate or county board, or public authority or officer, which in any way affect or relate to, or are applicable to the demised premises or the use or occupation thereof; and. the Lessee hereby agrees that it will indeumify the Lessor and save it harmless from any and all liability which may arise from any infringement or violation of any such statute, ordinance, rule, or regulation by the Lessee, or by any of its employees, or by any person who shall be upon the demised premisel vi th the Lessee f I consent. The Lelsor shall not be liable for any injury to property either of the Lellee, or employees or guestl of the Lessee, or of any other person, or for any injury to or for the death of any employee or guest of the Lessee, or of any other person in or about the demised premises from whatever cause occurring, and the LeSlee will indemnity and save harmless the Lessor from any and all claims and demands which may be made against the Lessor by reason of such injury or death. Should the Lessee be adjudged bankrupt in either voluntary or involuntary proceedings, or should the Lessee make a general or special assignment for the benefit of creditors, or should an attach- ment or execution be levied on the interest of the Lessee in the demised premises, or on this lease, then this lease and the term hereby created, at the option of the Lessor shall immediately terminate and -2- in no event shall this lease be treated as an asset of the Lessee upon such adjudication of bankruptcy or upon such assignment or attachment or execution. IN WITlIISS WHI1UIIOF the parties hereto have executed this instrument the day and year first written above. CITY OF GII.ROY Bl1tf:.w (d41 lf7 And by. ' ~\ W Its Clerk C COMP.AlIY -3- EXTENSION OF LEASE WHEREAS, the CITY OF GILROY, as Lessor and the PACIFIC GAS AND ELECTRIC COMPANY, as Lessee, did on the 22nd day of November, 1954, enter into a certain lease agreement covering lands in Santa Clara County, the term of which said lease agreement expires on the 31st day of August, 1964; and WHEREAS, the Pacific Gas and Electric Company, the Lessee therein, has requested an extension of said lease; NOW THEREFORE, it is mutually understood and agreed that the above mentioned lease is hereby extended for a period of one (1) year, that is to say from the 1st day of September 9 1964, to and including the 31st day of August~ 1965, and that all of the terms, covenants and conditions contained in said lease shall continue in full force and effect, except Lessee agrees to pay as rental for the demised premises the sum of $100.00, in advance, during the term hereof; IN WITNESS WHEREOF the parties to said lease have executed this exten- slon in duplicate this 15th day of June, 1964. CITY Of GI LROV Iy Its Mayor ,r) ")" I. "/ and BY.- _ ,t:Jtt1~?LU 0-r~l~l~ I t5 City C I ark J L E S S 0 R PACIFIC GAS AND ELECTRIC COMPANY '.. / -.. '1// / ..... ... ~~sV1~e ~~6~;~fK.~s~ant uene;@ i~ ,( \// Man;~g. ~~: Yt:~~'r~l't'lt1Lt ',> 'fA-, i,~\ RESOLUTION NO. 840 RESOLUTION OF THE CITY COUNCIL AUTHORIZING EXECUTION OF LEASE BETWEEN CITY OF GILROY AND PACIFIC GAS a. ELECTRIC COMPANY FOR PREMISES LOCATED AT THE NORTHEAST CORNER OF OLD GILROY STREET AND EAST STREET IN THE CITY OF GILROY. BE IT RESOLVED: That the City of Gilroy lease unto PACIFIC GAS & ELECTRIC COMPANY, . corporation, the premises located at the North- eestcorner of Old Gilroy Street and East Street In the City of Gilroy, for a term of one (I) yeer, beginning on the first day of September, 1964, for the annual rental of One Hundred ($100.00) Dollars, payable in advance, said premise, being the same heretofore leased to the COAST COUNTIES GAS &. ELECTRIC COMPANY, In accordance with the provisions of 8 form of lease submitted by said PACIFIC GAS &. ELECTRIC COMPANY; and That the Mayor and City Clerk of the said City of Gilroy be, and they are hereby, authorized to execute the said lease, as submitted, on behalf of the said City of Gilroy. PASSED AND ADOPTED on the 15th day of June ,1964, by the following vote: AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan, Quartiroli,Wentworth, and Petersen. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None APPROVED: KENNETH L. PETERSEN Mayor ATTEST: SUSANNE E. PAYNE City Clerk _ t .. ... I , SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 840 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of June . 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, have hereunto set my hand and affixed the official seal of the City of Gilroy, this 16th day of \.../ ./1' " I June i ! f