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HomeMy WebLinkAboutReso 1975-7803RESOLUTION N0. 7$03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE AMERICAN LEGION POST N0. 434, INC., FOR THE FACILITY LOCATED AT GENERAL ROCA PARK, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista has previously directed staff to negotiate with the American Legion Post No. 434 for the usage of the structure known as the American Legion Hall, and WHEREAS, it is the desire of the City Council to enter into such an agreement upon the terms and conditions set forth in the American Legion Lease, attached as Exhibit "A", incorporated herein by reference, and WHEREAS, it is the intention of the City to enter into the agreements specified in Exhibit "A" upon notification that any and all building or fire code violations currently in evidence have been corrected. NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement, Exhibit "A", for and on behalf of the City of Chula Vista, following notification by the Director of Building and Housing that any and all building or fire code violations have been corrected by the American Legion. Presented and approved by George D. Lindberg, City Atto ey ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 15t day of July , 197 5, by the following vote, to-wit: AYES: Ccuncilmen Scott. Hobel, Hamilton NAYES: Ccur;.ci7men ABSENT: Councilmen 1{yde, Egdahl df~otseOrj~. / r~yu,~2 - Mayor of the City of Chula Vista ATTESTi/ / ~ J Cl!% / ~:~G-CGL-Q~~~ Camay ^Zer~ ~.' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M~ FUL-ASZ, City Clerk of the City of Chula Vista, CaZ.fcrnia, DO HEREBY CERTIFY that the above and foregoing is a full, true and ccrrect copy of that the same has not been amended or repealed. DATED sEAZi CC-660 y c,'~er and ~ $03 AMERICAN LEGION LEASE THI5 LEASE is made the 1st day of July , 1975, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter "CITY", or "LANDLORD", and the CHULA VISTA AMERICAN LEGION, Post No. 434, Inc., a California Corporation, hereinafter "LEGION", or "TENANT": Ud I T N E S S' E T' II ; Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that certain property and premises as outlined and provided for in Exhibit "A", attached hereto and incorporated by reference. Included in the lease agreement is a non-exclusive easement for the use of the adjacent parking lot, as described on Exhibit "A". The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, and tenant covenants as a material part of the consider- ation for this lease, to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this lease is made upon condition of such performance. 1. TERM: The term of this lease shall be for a term of years commencing on the, 1st day of Ju y 1975, and ending on the day of , 1985, unless the term hereby demise shall be sooner terminated as ereinafter provided. 2. RENT: Tenant hereby agrees to pay Landlord, as annual basic rent for the premises, the sum of ONE DOLLAR ($1.00), payable within thirty (30) days of the anniversary of this agreement. Tenant further agrees to provide, in consideration of the mutual covenants between Tenant and Landlord for the repairs and alterations more clearly enumerated in Improvements, according to the terms and conditions set forth in such covenant. 3. USE: A. Tenant may utilize said premises for any use authorized by the Charter of the National or Local American Legion Post, includ- ing, but not limited to, meetings of Legion and its members or affil- iated groups, social functions sponsored by Legion or its affiliated groups, social functions as may be contemplated from time to time of non-affiliated groups under a license agreement with Legion; provid- ed however, that the fee or charge levied upon any such non-affiliated groups be no greater than necessary to defray the cost of maintenance or repair of said facility, and that such use will not be of such a nature as to interfere with the pririary use of the facility by the Legion or its affiliated groups. B. Tenant further covenants that Tenant shall not do or permit anything to be done, in or about the premises, which shall be in any way immoral, unlawful, or in violation of any state or local requirements. Tenant shall not commit, or suffer to be committed, any waste in or upon the premises. ~'-~~03 C. Tenant hereby agrees and covenants to comply with all rules and regulations of any nature whatsoever regarding the sale and/or use of alcoholic beverages upon the premises. 4. NOTICE: Any notice required or permitted to be given hereunder must be in writing, and may be given by personal delivery or by mail, and if given by mail, shall be deemed sufficiently given if sent by registered or certified mail, addressed to Chula Vista American Legion Post 434 at P. O. Box 876, Chula Vista, California 92012. Either party may, by written notice to the other, specify a differ- ent address for notice purposes. 5. NONDISCRIMINATION COVENANT: Tenant hereby covenants that it will not engage in or permit any discrimination based upon race, color, creed, national origin, sex, or age, of any person or group who requests to use said facility from time to time; provided, however, that Tenant shall not be obligated to permit usage of the demised premises except as may be convenient and not interfere with the primary usage of the facility by Tenant. 6. TAXES: Tenant shall be liable for and shall pay, ten days before delinquency, taxes levied against any personal property or trade fixtures placed by Tenant in or about the premises. Further, Tenant shall be obligated to pay any and all other taxes, including but not limited to possessory interest tax, which may be from time to time assessed upon the facility. The failure of Tenant to pay such levied tax, resulting in the establishment of a tax lien by any taxing agency, shall constitute a major breach of this lease and constitute grounds for recovery of possession by Landlord. 7. REPAIRS: A. By entry hereunder, Tenant accepts the premises as being in good sanitary order, condition, and repair. Tenant shall, at Tenant's sole cost and expense, keep the premises and every part thereof in good condition and repair. Damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear are excepted. Tenant shall, upon the expiration or sooner termination of the term hereof, surrender the premises to Landlord in the same condition as when received, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Land- lord shall have no obligation to alter, remodel, improve, repair, decorate, or paint the premises, or any part thereof, and the parties hereto affirm that Landlord has made no representations to Tenant, respecting the condition o£ the premises or building, except as specifically herein set forth. B. Tenant further waives the right to make repairs at Landlord's expense, under Section 1942 of the California Civil Code, or any other law, statute or ordinance now, or hereafter, in effect. 8. DAMAGE OR DESTRUCTION: In the event the building of which the premises are a part, is damaged by fire or other perils covered by extended coverage insurance, the Landlord shall: A. In the event of the total destruction of the premises, at the Landlord's option, this lease shall terminate. In the event of less than fifty percent (50%) destruction of the structure, any proceeds which the Landlord may receive from its insurer will be applied toward the reconstruction of the building; such reconstruction to be prosecuted diligently by City, in wkiich event this lease shall remain in full force and effect for the remainder of the term, if any. In the event that more than fifty percent (50~) of the building, which constitutes a portion of these premises, is destroyed by fire or other peril, regardless of any insurance proceeds to which City may be entitled, City shall have no obligation to rebuild the structure with such insurance proceeds. The lease shall, upon such event, be terminated. In either event, Landlord shall given Tenant written notice of its intention within a ninety (90) day period from the date of the occurrence resulting in the destruction of the premises, or any part. B. In the event of damages due to any cause other than fire or other peril covered by extended coverage insurance, Land- lord may elect to terminate this lease. C. It is hereby understood that if Landlord is obligated to, or elects to repair or restore as provided herein, Landlord shall be obligated to make repairs or restoration only of those portions of said building at said premises which were originally provided by Landlord. Landlord shall not be obligated to provide repair and/or restoration of any item of Tenant's property located in said premises or affixed thereto 9. INSURANCE: A. Tenant hereby agrees to secure a policy of public liability insurance naming City as an additional insured. Said policy shall be presented to the City Attorney's Office and accepted as to form prior to occupancy of the premises by Tenant. Said insurance policy shall be in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000) per occurrence. Additionally, said policy shall include coverage for property damage occasioned by the use of said premises by Tenant or any other party in the amount of not less than FIFTY THOUSAND DOLLARS ($50,000). From time to time, the amounts of coverage required by Landlord pursuant to this covenant, may be reasonably adjusted upon one hundred twenty (120) days notice to Tenant of the requirement of any increase or decrease in policy coverage of the enumerated items. B. Landlord hereby covenants that it shall provide coverage for the property which is the subject of this leasehold interest. 10. IMPROVEMENTS: It is hereby agreed between Tenant and Landlord that the following improvements shall be installed pursuant to this agreement. The rights and obligations of the parties for improvements are set forth below. A. Tlie~sum of SEVEN THOU$}1SdD ,DOLL]-1,13$ ($7,00.0,QOZ_ given in consideration of this agreement shall be utilized by the City of Chula Vista to acquire materials for the improve- ments enumerated below. Said $7,000.00, upon payment to the City, shall be deposited in a trust account prior to its expenditure for materials. ' B, City hereby covenants with said funds to construct the following improvements, as shown on Exhibit "B", attached hereto and incorporated by reference, including, but not limited to the following: 1. The laying of approximately 29,056 square feet of A.C. pavement on a 4" asphalt base in'<the parking lot area, as shown on Exhibit .. B.. . 2, The design and construction of one curb outlet onto Fifth Avenue. 3. The construction of a P.C.C. lined ditch, as shown on Exhibit "B". 4. The installation of two wooden light poles as light standards and two, 20,000 lumen lights, complete with conduit and circuit breaker boxes to be located as shown on Exhibit "B". 5. The striping of approximately 1,425 lineal feet of painted parking stalls, as shown on Exhibit "B", 6. The landscaping of two planter islands in the parking area. 7. The construction of approximately 494 lineal feet of P.C.C. curbing, as shown on Exhibit "B". C. The above enumerated improvements shall be constructed by City work forces with said construction commencing as soon as practicable. In any event, the City shall commence construction no later than one hundred eighty days (180) following the execution of this agreement, unless good cause can be shown for a delay in said construction. 11. ASSIGNP~IENT AND SUBLETTING: Tenant shall not, either voluntarily or by operation of law, sell, hypothecate or transfer this lease, or sublet the premises or any part thereof, or permit the premises or any part thereof to be occupied by anyone other than Tenant or Tenant's employees, without the prior written consent of the Landlord, or his designated representative in each instance. Any sale, assign- ment, mortgage, transfer, or subletting of this lease, which is not in compliance with the provisions of this article, shall be void and shall, at the option of the Landlord, terminate this lease. The consent by Landlord to an assignment or subletting shall not be construed as relieving Tenant from obtaining the express written consent of Landlord to any further assignment or subletting, or as releasing Tenant from any liability or obligation whereunder, whether or not then accrued. 12. LIENS: Tenant shall keep the premises, building and the property upon which the building is situated, free from any liens 6/19/75 arising out of the work performed, materials furnished, or obligations incurred by Tenant. '<Failure to keep said premises free of liens shall constitute a major breach of the covenants of this agreement and grounds for termination by Landlord, at Landlord's sole option. 13. UTILITIES AND SERVICES: Tenant hereby covenants and agrees that all utilities and services necessary for tYie use and occupation of tkre demised premises shall be provided and paid for by Tenant. 14. CONDITIOPI OF PREMISES: Tenant acknowledges that neither Landlord, nor any agent of Landlord, has made any representation or warranty with respect to the premises or the building, or with respect to the suitability of either for the conduct of Tenant's use of said premises. The taking and possession of the premises by Tenant shall conclusively establish that the premises and said building were at such time in satisfactory condition. 15. ALTERATIONS: A. Tenant shall make no alterations or improvements, as described hereinbelow, without the consent of Landlord or Landlord's agent. For the purposes of this lease, the City Manager or his authorized representative shall be delegated the authority to approve any alterations or iriproverzents proposed by Tenant. All alterations, including but not limited to, structural alterations of the building, internal partitioning, major carpentry work, shall require the consent of Landlord or his agent as provided above. In any event, all such authorized work performed by Tenant shall be in compliance with all laws, rules, orders, ordinances, directions, regulations and require- ments of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations, and requirements of the Pacific Fire Rating Bureau, and of any similar body. All alterations, dec- orations, additions, or improvements upon the premises, made by either party; including, without limiting the generality of the foregoing, all wall covering, builtin cabinet work, paneling and the like, shall, unless the Landlord elects otherwise, become the property of Landlord and shall remain upon, and be surrendered with the premises as a part thereof at the end of tkie term hereof; except that Landlord may, by written notice to Tenant, given at least thirty (30) days prior to the end of the term, perriit Tenant to rerzove all partitions, counters, railings, and the like, installed by Tenant. B. All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and moveable partitions owned by Tenant, or installed by Tenant at its expense in the premises, shall be and remain the property of Tenant and may be removed by Tenant at any time during the lease term Tenant is not in default hereunder. Tenant hereby agrees, notwithstanding the above provisions, to compensate for damage occasioned in the removing of any articles of personal property and/or all business and trade fixtures, machinery and equipment. All articles left following the termination of this agreement shall become the sole property of Landlord. 16. BANKRUPTCY: If Tenant shall file a petition in voluntary bankruptcy, or under Chapter X or Chapter XI of the Bankruptcy Act as then in effect, or if the Tenant shall be adjudicated a bankrupt in involun- tary bankruptcy proceedings and such adjudication shall not have been vacated within thirty (30) days from the date thereof, or if a receiver or trustee be appointed of Tenant's property and the order appointing such receiver or trustee be not set aside or vacated within thirty (30) days after the entry thereof, or if the Tenant shall assign Tenant's estate or effects for the benefit of creditors, or if this lease shall otherwise by operation of law devolve or pass to any person or persons other than Tenant, then and in any such event Landlord may, if Landlord so elects, with or without notice of such election and with or without entry or action by Landlord, forthwith terminate this lease. 17. INDENIIVIFICATION: Tenant shall indemnify and hold harmless Landlord against and from any and all claims arising from Tenant's use of the premises or the conduct of its activities, work, or thing done, permitted or suffered by the Tenant in or about the premises, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this lease, or arising from any act, neglect, fault or omission of the Tenant, or of its agents or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in or about such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the premises from any cause whatsoever, except that which is caused by the failure of Landlord to observe any of the terms and conditions of this lease and such failure has persisted for an unreasonable period of time after written notice of such failure, and Tenant hereby waives all claims in respect thereof against Landlord. 18. DEFAULTS AND REMEDIES: A. The occurrence of any one or more of the following events shall constitute a default hereunder by Tenant: 1. The abandonment of the premises by Tenant. Abandonment is herein defined to include, but is not limited to any absence by Tenant from the premises for five (5) days or longer while in default of any provision of this lease, 2. The Failure by Tenant to observe or perform any of the express or implied covenants or provisions of this lease to be observed or performed by Tenant, where such failure shall continue for a period of ten (10) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161; provided, further, that if the nature of Tenant's default is such that more than ten (10) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant shall commence such cure within said ten day period and thereafter diligently prosecute such cure to completion. 3 ~~~~~PYLetmakng b~y Tenant.of any general assign ment'-,,,fox the benefit.of creditors. B. Ir~'~th~'~event of any such. default by Tenant, in addition to anX other remedies available to Landlord at law or in equity, Landlord shall have,the immediate option to terminate this lease and all rights of Tenant hereunder. 19. WAIVER: The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained, nor shall any custom or practice which may grow up between the parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of Landlord to insist upon the performance by Tenant in strict accordance with said terms. 20. ENTRY: Landlord reserves and shall at any and all times have the right to enter the premises to inspect the same, for the purpose of determining compliance with all provisions of this agreement, including, but not limited to, compliance with Building Code and fire safety and the preservation of the premises against waste. The inspection of said premises other than its normal hours of occupancy shall be made only following request at least twenty-four (24) hours in advance to Tenant, or Tenant's authorized representative. 21. PRIOR AGREEMENTS: This lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provision o£ this lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. 22. SEPARABILITY: Any provision of this lease which shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provision hereof, and such other provisions shall remain in full force and effect. IN 4dITNESS WHEREOF, the parties have executed this lease the day and year first above written. muu nTmv n~ nuTTr.n v-rcma CHULA VISTA AMERICAN LEGION POST #434, Inc. Georgee°Kot, la'., Post Commander Walter Lew,. Adjutant Approved as toto f/ ~/Gc'iL~~,% ~~~rg ~~iLin e~ ty Att ey .~_ ~~~~. TFEAT TEEE PREMISES EIEREINAHOVE DESCRIBED SHALL CONSIST OF TH FOLLOWING FOR A TERM OF TEN (10) YEARS: A portion of Lols IS end Ih of .carter Srctlon ISO of the C11v of Chula Vltla eccordlnn~to w•ap ih:rrof No. 505, fllyd In the office of tht County Recorder of San [)irco County, de.ted E.terch 13, LF48. denlr.n loo of Iht Norll. +.est corner of sold Lof 16; Ih rote ~S oulh 14° IS' E°st al ona Ire 'l es lerly line of Bald Lol 10, 173.70 feet to the I~;Jt FIiINf l.f 9EE.=1NNlNG; ~ Thence tJarth 81° 16' On" Eoct, 130.80 feet; . Thence South el°54'30" East, e9.4G feet; Thtnce South 38° 35'-25" Eosl, 19.15 feet; Thence South 70° 19' 20" Eesf, <3.41 fctt; Thence South 67° 34' 15" Eest, 29.70 feel; ' Thtnce South GO° 21' 10" East, 100.09 fret; Thence South I8°.56'~OS" Eest, 7`1:34.._iect; Th¢nct South 11° 45' 00" ~T`est., 3^0.41 feet io a point on Iht ~'eelerly Ilnc of lot li which Ilet Sovth 18° IS'^!~" East, ^47.5? fiat alono Ih< "'eslrrly Ilne of Lots 15 and IG fram the true polnl of bcoinn ingF Thence North 18° t5' 00" ^'tst 247.52 feet to the TRl1E P'JINT OF BEGINVWG. Contelnlne3 1.35 acres, more or less. Reserring an cesrmznt for Inprtcs, egress and otnerel road cvrposet orer, adonc er,d ecross fhc `•'eslerly.latnfy 1201 ftrt of'iht abort. descrlbrd percct. z j LANDLORD HEREBY RESERVES ON BEHALF OF LANDLORD AND MEMBERS OF THE PUBLIC JY 022 ' GENERALLY AND ANY SUCCESSOR OR ASSIGN OF LANDLORD, A NON-EXCLUSIVE EASEMENT FOR THE U53 OF THE PARKING AREA, MORE PARTICULARLY DESCRIBED BELOW:- AMERICAN LEGION PARKING LOT LEASE A portion of Lots 15 and 16 of Quarter Section 150 of the City .. of Chula Vista according to Map thereof No. 505, filed in the office of the County Recorder of San Diego County, dated March 13, 1888. Beginning at the Northwest corner of said Lot 16; thence South 18°15' East along the Westerly line of said Lot 16, 220.30 feet to the TRUE POINT OF BEGINNZNG; thence South 18°15'00" East 31 feet to the beginning of a tangent curve, concave Southerly, having a radius of 14 feet; thence Southeasterly along the arc of said curve, through a central angle of 90°, a distance of 21.99 feet; Thence South 18°15'00" East, 105.92 feet; Thence North 71°45'00" East, 259.47 feet; Thence North 18°15'00" West, 65.00 feet to the beginning of a tangent curve, concave Southerly, havinga radius of 95 feet; thence Northwesterly, along the arc of said curve, through a central angle of 90°, a distance of 70.69 feet;. Thence North 18°15'00" West, 20 feet; Thence South 71°95'00" West, 90 feet; Thence South 18°15'00" East 20 feet; Thence South 71°45'00" West 74.80 feet to the beginning of a tangent curve, concave Northerly, having a radius of 35 feet; thence Northwesterly, along the arc of said curve, through a central angle of 65°27'13" a distance of 39.98 feet to the beginning of a reverse tangent curve, concave Southerly, having a radius of 35 feet, thence Northwesterly, along the arc of said curve, through a central angle of 65°77'13" a distance of 39.98 feet to the TRUE POINT OP BEGINNING. ..~ r_ .. e P7ritten by: RH Checked by: SB 6/25/75 NW COR. LOT 16 LEASE LINE DATA ._. __.. _. .___. _ .__ ~'. _. _._-. _.__..-' _._-.._. _t_~._S38'.35'_25"_E,19.15'._..__.-_~._.~.__..._._ .__. . '~ ~ ~ ®. 579°18~ 20°E, 43.41' ' - - -~ ro - © S67°34' 15°E, 29.70 ~ ~ ~ ~ ' ~ ~ ' _ ~ - PARKING LOT DATA ~ p ~. 3/4~~ I. 1 I 3/d' , ~~~'. _ _._ ~~ .._._. :_. .; ~_ R= 14', ~= 90°0000°,Lc21.99' - _ ~- ~ © R= 45',G= 90'00'00",L=70.69' ^' i ® S1B° (5~ 00°E, 20.00 ... ~ . __ _ _-. 0 N IB° 15' 00'~ W, 20:00, o l PLnuTED aeEa _ , , ® R= 35~, D = 65° 27~ 13°, L= 39.96' Q : 65° 2T 13°, L= 39_96 , - - N81°16'00°E Ig O.B_0'. _LEASE LINE /P ; h' ~ ,LWEO DITCH J 4 qs 0'~~ _. I _. Set 3/4°LP. ,~' O ~' '. V.J4 ~TO bC REMOV ED, o J f - ~ Q AMERICAN -._ __ _ _._ U - . ~ (Q~.LEGION ._.. _ N `T 7x.86' - ~ .. _ A841N DON EO ~~ {j} 2caT Zoo MS (~ P>E REMOV £,O~ T f m m .,1,~ _ N - W 0 _. O p '}cn I I I I I I 'I I. _.I I ~_I I. I I .I I I, I;.~_..I _..~ I-: I_ I\m iF'-,~- __ _.. :._ .. 11 11 -. 571° 45' 00" W 308.47 1 _ ~ ~ -'(,'~~.Set 3/4" LP. _ t..-.. '^~. _...._. _ r ... ,- _ uI \ r <- • r Y-* •-~-~ 1 END FENCE ON . - ~ ' }~ i LEASE LINE kl EX\ST. eETAI N. W4~L I .. i DRA;nlN ~PEVI: