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HomeMy WebLinkAboutReso 1973-6904n recorded, please return to: ~ • e ~:~~~ ~„ 303 .. r RESOLUTION N0. 6yU4 r RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AI'Pi:OVII3G THE FIRST A1~IENDED AGP~EEMENT BETWEEN THE CITY OF CHULA VISTA AND TiiE CHULA VISTA CHAMBER OF COMMERCE, AND AUTHORIZING TI~iE MAYOR TO EXECUTE SAID FIRST AMENDED AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: ~~~~ NOW, TIiEREFORE, BE IT RESOLVED that that certain First Amended Agreement between THE CITY OF CHULA VISTA, a municipal corpor- ation, and THE CHULA VISTA CHAMBER OF COMMERCE, dated the 19th day of June ,, 1973 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. RE IT FURTHER RESOLVED that the Vista be, and he is hereby authorized and First Amended Agreement for and on behalf BE IT FURTHER RESOLVED that the Chula Vista be, and she is hereby authori this resolution and attached agreement in Recorder of San Diego County. Presented by Mayor of the City of Chula directed to execute said of the City of Chula Vista. City, Clerk of the City of zed and directed to record the off ice of the County Approved as to form by (s) John R. Thomson ~ : John R. Thomson, City Manager 'George Lindberg, City Attor ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFOPNIA, this 19th day of June , 19 73 , by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hyde, Egdahl NAYES : Councilmen None ABSENT: Councilmen Hamilton (s) James E. Hobel Playor of the City of Chula Vista Pro Tempore ATTEST (s) Jennie M. Fulasz City Clerk' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I ~ Jennie M. Fulasz , City Clerk of the City of Chula Vista, Cali ornia, DO HEREBY CERTIFY that the above is a full, true-and correct copy of Resolution No. 6904 , and that the same has not been amended or repealed. DATED June 20, 1973 _ -~ 3~1~ 5355 -~ • FILE/PACE NO• - .z.~« ~_ 800K I~ .' ~~- City C er RECORDEqq REO EST OF 1c~~.C1~1~ CLF~ ~ JuN Z6 ID ~~ ~M ~ ~ OFFICIAL HECOROS SAN OlEl~O C011NTY•CALIF. NA RtECOROEROM NO EEE ~~ ~/ -,~ RESOLUTION NO. 6904 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDED AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDED AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain First Amended Agreement between THE CITY OF CHULA VISTA, a municipal corpor- ation, and THE CHULA VISTA CHAMBER OF COMMERCE, dated the 19th day of June , 1973 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City bf Chula Vista be, and he is hereby authorized and directed to execute said First 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 '~ f f ~ ~ ~'YJohn R. Thomson, City Manager George D indberg, City Attorn ', ADOPTED AND APPROVED by the CI^1Y COUNCIL VISTA, CALIFORNIA, this 19th day of June the following vote, to-wit: AYES: NAYES: Councilmen Scott, Hobel, Hyde, Egdahl Councilmen None ABSENT : Councilmen Hamilton .~ ~~ ATTEST /f !~ ~~~F .%~f`~ ~.,.`€`~.:~~~e/./ ~C y Clerk ,~ -° STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) Chula true been ~~ May of the City of Chula Vista Pro T pore I, r Vista, California, DO HEREBY CERTIFY and correct copy of Resolution No. amended or repealed. DATED City Clerk of the City of that the above i~ a full, and that t11e same has not of the CITY OF CHULA 19 7~ by City Clerk • ~ ~ 3J6 Chula Vista, Caii''usaia 9<U~w 4. That in the event that it does remove the buildings or structures which it has placed upon said property prior t4 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 tk~irty (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 of e City o Pro Tempore ATTEST iyfin~~, % City Cle ,~ Approved as to form by ula CHULA VISTA CHAMBER OF COMME RCE sta By ~ ,... City Attorney TO 449 C (Corporation ) STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. Attach Notary 0 On Tune 19, 1973 before me, the undersigned, a Notary Public in and for said State, personally appeared James E . Hobe 1 , known to me to be the Ma.YOr Pro Tempore~~, and Jennie M. Fulasz , known to me to be the Clty Clerk~}~f the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and ,~;.~~.,~ ~'~=wrw^w~+"~a~stir.r~r.,> acknowledged to me that such corporation executed the within ~ ~;~A~ ~_r+t instrument pursuant to its by-laws or a resolution of its board ~ i ~ ~~r 9 z '~_ ' ~` ~` ~` A of directors. ~ `3 NCT~ i ~`-%~ ~ "''~ ;~~~~ WITNESS my ha d official seal ~ ~ '`~~ { ~ i~'~ ~ rr~~.~ , ,- ~ ~ s j` ~ wd i.. _ ., ~ ~k ,. ~° Signature y+y ~,~rr mi, sioa Ex PAMELA A. HANNA Name (Typed or Printed) (This area for oficial notarial seal) -3- ~~ ~o~ 304 • FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE THIS AGREEMENT, made and entered into this 19th dad of June , 1973, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", end 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 prop- erty 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 agreement 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 is del- ivered by either party, and WHEREAS, said notice of termination has heretofore been delivered and said lease would have terminated pursuant to said notice on May 14, 1973, and WHEREAS, the City Council has agreed to an extension of said lease and it is now determined that the lease be extended for an addition- al period of six (6) months, to and until November 15, 1973.. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. GENERAL PROVISIONS A. 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. ~~ ~v ' • / ~en?:ia~ ?`.1". r:.'... C,n~<P-lc ,"34cJ Chula Vista, C~i;iurnia `>..'~ 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 May 15, 1973, irrespective of the exedution date of this lease by both parties hereto, and shall terminate on November 15, 1973. 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 extension 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 November 15, 1973 provided the City Manager with a detailed program for phasing out their operation at the present site including arrangements for the disposition of the existing structure. IV. RENTAL AND REMOVAL OF BUILDING A. 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 Fifty and no/100 ($50.00) Dollars per month, payable in advance each month, with the first months rent due and payable as of May 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 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. -2- CO