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Home My WebLink AboutReso 1973-7063 RESOLUTION NO. 7063 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDED AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID SECOND AMENDED AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that Amended Agreement between THE CITY OF CHULA VISTA, poration, and THE CHULA VISTA CHAMBER OF COP~ZMERCE, day of ..October , 1973, a copy of hereto and incorporated herein, the same as though herein be, and the same is hereby approved. certain Second a municipal cor- dated the 30th which is attached fully set forth BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said Second Amended Agreement for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record this resolution and attached agreement in the Office of the County Recorder of San Diego County. Presented by Approved as to form by ~.-~~ . .~,~/ ~/ ,~~ hn R. Thomson, City Manager George Lindberg, City Atto~ ADOPTED AND APPROVED by the CITY COUNCIL of VISTA, CALIFORNIA, this 30th day of October the following vote, to-wit: the CITY OF CHULA 19 7 3 , by AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott NAYES: Councilmen None ABSENT: Councilmen None ~/ ~ ~~ Mayor of the ity of Chula ista .. / ~,~~ ATTE S ~ t2„~%~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed.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 Return toy ItESOLU`I'ION NO.7063 RESOLtIZ'ION OF THE CITY COiJI1CIL OF THE CITY OF CIIULA VISTA AI'hROV1NG TIiI: S;COND 111~:;/NDi?D AGREI='i~~t1;NT RETGVDLN THE CITY OF CIIULA VISTA AIJD TIIE CIIULA VISTA CIIAI`'IBER OI' CCI`?P•iERCE, AJD AUTHORI'LING THE Ni[~YUR TO EXECUTE SAII7 SI/COND Ar1EQDED AGREEI`'[ENT The City Council. or the City of. ChuJ_a Vista does hereby resolve as follows: NOP~, THEREFORE;, BE IT RESOLVED that that Amended Agreement bc~tt~ec~n TtIE CITY OF CHULA VISTA., porai.i.on, and TIIE CIIULA VISTA CHAP'IBER OF COP~41vIERCE, day of October ~, 1973, a copy of hereto and incorporated herein, the same as though herein be, and the same is hereby approved. certain Second a. municipal cor- dated the 30th which is attached fully set forth BE IT I'URTHIsR RESOLVED that the A7ayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said Second Amended Agreement fer and on behalf of the City of Chula Vista. BE IT FUR`I'IIER RESOLVED that the City C1er_k of the City of Chula Vista be, and she is hereby authorized and directed to record this resolution and attached agreement in the Office of the County Recorder of San Diego County. Presented by /s/ John R. Thomson John R. Thomson, City Manager Approved as to form by /s/ George D. Lindberg George D.' Lindberg, Ci~y Attorney ADOPTED AND APPROVED by the CITY COUNCII~ of VISTA, CALIFORNIA, this 30th day of October the following vote, to-wit: AYES• Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott NAYES: Councilmen None ABSENT: Councilmen None ATTEST /s/ ~7ennie M.y Fulasz City Clerk STATE CAF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) the CITY OF CHULA ~ 19 73 . by /s/ Thomas D. Hamilton, Jr. Mayor of the City of Chula Vista I~ JENNIE M. FULASZ , City Clerk of Chula Vista, California, DO HEREBY CERTIFY that the above true and correct copy of Resolution No. 7063 and. that been amended or repealed. DATED October ~'II ~""I'973 the City of. is a full, the same has no City Clerk ~ ~~~ ~~~~ SECOND AMENDMENT TO LEASE AGREEP~IENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE THIS AGREEMENT, made and entered into this 30th day of October , 1973, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and the CHULA VISTA CHAMBER OF COMMERCE, hereinafter referred to as "Chamber"; W I T N E S S E T H WHEREAS, the City of Chula Vista and the Chula Vista Chamber of Commerce have heretofore entered into a lease for certain real property generally described as the Easterly 54.39 feet of the Southerly 116.00 feet of Lot 13 in Quarter Section 149 of Rancho de la Nacion, in the City of Chula Vista, pursuant to that certain agree- ment dated May 14, 1958, approved by Resolution No. 2057, adopted on May 13, 1958, and WHEREAS, said lease, pursuant to the terms thereof, expired on May 14, 1973, provided however that the lease would automatically be extended for a period of five years beyond said termination date unless six months written notice of intention to terminate it was delivered by either party, and WHEREAS, said notice of termination has heretofore been delivered and said lease terminated pursuant to said notice on May 14, 1973, and WHEREAS, the City Council has heretofore granted an extension of the lease to and until November 15, 1973, and now agrees to a fur- ther extension of six months, to and until May 15, 1974. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. GENERAL PROVISIONS Terms and Conditions. City agrees to lease to the Chula Vista Chamber of Commerce certain real property described hereinafter and referred to as the property, on the following terms and conditions: 1. The Chamber shall comply with all laws, ordinances and regulations in the occupancy and use of the property. 2. The Chamber shall not transfer this lease nor sub-let the whole or any part of the property without the written permission of the City. 3. The Chamber shall be responsible for and shall promptly pay for services and utilities furnished to the property. • 4. The Chamber shall maintain the property and the building and structures placed upon the property in good condition. 5. The Chamber shall continue to maintain the landscaping of the property to the same degree and quality as the landscaping in the area of the City Hall of the City. 6. The City may re-enter the property and terminate the lease if the Chamber is in default in the performance of any of the provisions and conditions of this lease. -1- ,~ ~ v~F~J ~~"~~ 7. All buildings and structures placed upon the property shall continue to conform to the architectural design of other Civic Center buildings in accordance with the requirements of the civic center zone heretofore adopted. II. DESCRIPTION OF PROPERTY The real property referred to hereinabove, and which property is being leased by the City to the Chamber in this lease, is situated in the City of Chula Vista, County of San Diego, State of California, - and is more particularly described as follows: The Easterly 54.39 feet of the Southerly 116.00 feet of Lot 13 in Quarter Section 149 of Chula Vista, being in the Rancho de la Nacion, County of San Diego, State of California, according to Map No. 505 filed in the Office of the Recorder of said San Diego County, March 13, 1888. EXCEPTING the portion described as follows: Beginning at the Southeast corner of the above described land, thence Westerly along the Southerly line of said Lot 13 a distance of 12 feet to a point of tangency with a curve concave Northwesterly having a radius of 12 feet and a central angle of 90°, thence East- erly and Northerly along the arc of said curve 18.85 feet to the point of tangency with the Easterly line of Lot 13, thence Southerly along the Easterly line 12 feet to the point of beginning. III. TERM OF LEASE The term of this lease shall be for a period of six (6) months, commencing on November 15, 1973, irrespective of the execution date of this lease by both parties hereto, and shall terminate on May 15, 1974. IT IS FURTHER UNDERSTOOD AND AGREED between the parties hereto the Chamber of Commerce may no later than thirty (30) days prior to the end of said period make written application for an exten- sion for an additional six month period of time under the terms and conditions of the existing lease upon the approval of the City Council, provided that they shall have prior to said date of May 15, 1974 pro- vided the City Manager with a detailed program for phasing out their operation at the present site, including arrangements for the disposi- tion of the existing structure. IV. RENTAL AND REMOVAL OF BUILDING The Chamber agrees to the following: 1. To abide by all of the terms and conditions contained in this lease. 2. To pay to the City as rent for the property the sum of Seventy-Five and no/100 Dollars ($75.00) per month, payable in advance each month, with the first month's rent due and payable as of November 15, 1973. 3. That in the event that it does not remove any building or structure which it has or does place upon said property prior to t" the termination of its term of lease, then in that event any building or structure placed on the property by the Chamber shall become the property of the City as of the date of termination of this lease. r~ f ~~~ 4. That in the event that it does remove the buildings or structures which it has placed upon said property prior to the termination of its term of lease, it will put the property in sub- stantially the same condition as the property was in at the time of the commencement of the lease except that it shall leave all improvements, other than the buildings and structures which it has chosen to remove, which the City requests that it leave and in the condition that the City requests. The improvements which the City desires the Chamber to leave, and the condition in which they are to be left, shall all be submitted to the Chamber at least thirty (30) days prior to the termination of the term of lease, in writing. V. BINDING ON SUCCESSORS AND ASSIGNS This lease shall bind its successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Mayor o~ e C ty of Chula V' to 1 ATTEST'", ~~t ~s>, ~~'L-~--.~_~i ~~~- ~ ~ /; ~ '-.. City C erk 1~ Approved as to form by ~,,,v,/ ~ ~:... George Lindberg, City Att / ey i_. CHULA VISTA CHAMBER OF COMMERCE By: </ y- X~-r - G-~ ~ ~ C~~-~- ~_ Attach Notary FILE/PAGE N0. d00K a /~ J REC_OROfO RE EST OF ~~ ~• Z~~tiITY CLERK Nou 1 9 si aM'» sAN ~~Eao couEi,~ac~iuF: 1iARLEY F;SL00M RECORDER -3- NO FEE _----_ ~ ~~., ~