HomeMy WebLinkAboutReso 1975-7612Form No. 342
Rev. 3j74
RESOLUTION NO. 7612
RESOLUTION OF THE CITY COUNCIL OF TfiE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN `THE CITY OF CHULA
VISTA AND AMERICAN LEGION POST 434 FOR TEMPORARY
EXTENSION OF AMERICAN LEGION LEASE
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certarn agreement
between THE CITY OF C~-IULA VISTA, a municipal corporation, and
AMERICAN LEGION POST 434, a non-profit corporation, for temporary
extension of American Leqion Lease
dated the 28th day of January 19 75 a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approveds
Vista be,
agreement
Presented
~~~
Georga~"D .
BE IT FURTHER RESOLVED that
and he is hereby authorized
for and on behalf of the Ci
by ~
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-c~1~~r~-r'i`<
Lindberg, City Att~ ey
the Mayor of the City of Chula
and directed to execute said
ty of Chula Vista ,
Approved as to form by
.~~-f ~" -~- sue' ~~ , ,iI/ '~~
Georges Lindberg, City Atto y
ADOPTrD AND APPROVED by the CITY COUNCIL of the CITY OF C~:ULA
VISTA, CALIFORNIA, this 28th day of January , 19_75 , by
the followinc, vote, to-wit:
AYES : Councilmen Hobel, Hamilton, Hyde, E~dahl, Scott
NAYES : Councilmen None
ABSENT: Counc~.lmen None
~/) Mayor of the City of Chula V~.sta
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ATTEST• -v /~ ~ ~ 7
- City C]_erk
STATE OF CALIFORNIA)
COUNTY OF SAN DIE~01 ss.
CITY OF CHULA VISTA)
I, City Clerk of the City
of Chula Vista, CaliLc~rnia, DO f~EREBY CERTIFY that the above is a full,
true and correct copy of Resolution No. , and that the same has
not been amended or repealed. DATED
City Clerk
AGREED4EP?T FOR TED°[PORARY EXTENSION
OF Al"IERICAN LEGION LEASE
THIS LEASE is contemplated as between the parties, THE
CITY OF CHULA VISTA, a municipal corporation, hereinafter referred
to as "LESSOR", and APIERICAN LEGIOP? POST 434, a non-profit corpor-
ation, hereinafter referred to as "LESSEE", to be an extension of
that current agreement approved by the City Council of the City of
Chula Vista by Resolution r?o. 1702, except where this later agree-
ment supersedes the prior agreement. All terms and conditions shall
remain in effect pursuant to Resolution No. 1702, as modified by
Resolutions 24.05 and 2853, hereby incorporated by reference as if
set forth fully. In addition, the specific covenants set forth below
shall supersede the prior agreement upon its expiration on February
1, 1975.
V7 I T N E S S E T H
1. That in consideration of the rents, covenants, and
agreements herein reserved, and set forth, to be paid and performed
by the Lessee, including and providing for such reservations and
conditions as set forth, the Lessor has and does hereby lease to
the Lessee real property, including the building and improvements
located thereon, described in Resolution No. 1702, and modified by
Resolution No. 2405 and Resolution No. 2853, attached hereto and
marked Exhibit "A".
2. The term of this lease shall be from month to month.
Said lease being automatically renewed upon the first day of each
month, subject to the terms and conditions provided herein. Either
party may give notice of their intent to vacate said property upon
fifteen (15) day's notice, in writing.
3. Rental for said premises shall be assessed in the
amount of ONE DOLLAR ($1.00), payable during the first week of each
month, commencing with the first week of February, 1975.
4. The Lessee shall indemnify and save harmless the Lessor
from and against any and all claims and liabilities for all losses,
except those specifically arising out of the negligence of Lessor,
to and including losses occasioned by personal injury and/or property
damage, loss of life, arising out of the use and occupancy of the
demised premises, the adjacent parking and entry ways. The Lessee
additionally covenants to defend the Lessor against any and all claims
made against said Lessor, including, but not limited to, providing
legal counsel, payment of all reasonable attorney's fees, court costs,
witness costs, and all costs incurred incidental to any such defense.
This covenant shall include, but not be limited to, all actions
arising by virtue of the acts of Lessee's agents or servants, custom-
ers, patrons, invitees, or licensees, who use or frequent the subject
property.
5. Lessee hereby agrees to secure and provide for a policy
of insurance covering the City of Chula Vista as beneficiary of such
policy. Said policy shall protect the City of Chula Vista from claims
and liabilities arising from personal and/or property damage sustained
by any person or persons frequenting the facilities and/or the adjacent
areas subject to the control of the Lessee. Said policy shall be
in the principal sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000)
per occurrence. A statement of insurance, satisfactory to Lessor,
shall be presented by the first week in February, 1975 to the City
of Chula Vista.
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6. Lessee hereby accepts the premises and its present
condition, waiving all rights to a claim of defective premises,
and specifically acknowledges the existence of certain Building
Code violations as set forth in a memo of December 5, 1974 from
E. J. Grady, Director of Building and Housing to John Thomson,
City Manager, which is incorporated herein by reference as if set
forth in full.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year set forth hereinbelow.
DATED this 28th day of January , 1975, at
Chula Vista, California.
THE CITY OF CHULA VISTA AMERICAN LEGION POST NO. 434
Mayor of City of Chula Vista~~ ~Ry: ,
AT T G~ ~~ ~zl s-~iic ~ ~'- ~~ ~' ~ ~ ~` ~ C~~-L/ ~ ~ ~U' /'3/'~fri/~~` %F'.
City Clerk
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Approved a s to f orm by ,~ ~C ~ yr ~
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