HomeMy WebLinkAboutReso 1987-13149 RESOLUTION NO. 13149
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND CHARLES COSTA ENTERPRISES FOR OPERATION OF THE
CHULA VISTA VISITOR CENTER
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 by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and CHARLES COSTA
ENTERPRISES for operation of the Chula Vista Visitor Center
dated the 14th day of July , 1987, 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 of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
0374a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CMULA VISTA, CALIFORNIA, this 14th doy of July . ,
19 87 , by the following vote, to-~wit:
AYES: Councilmembers Malcolm, NBder, Hoore, Cox
NAYES: Cound 1members HcCandl iss
ABSTAIN: Councilmembers None
None
ABSENT: Counci lmembers
the City of Chulo Visfo
ATTEST~ City Clerk
5 ,,~FE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Californio,
DO HEREBY CERTIFY thot the obove ond foregoing is o full, true ond correct copy of
RESOLUTION N0. 13149 ,and thor the some hos not been omendedor repeoled
DATED
(~~~1~ City Clerk
CllY OF
CHULAV STA
CC-G60
CONTRACT AND LEASE FOR OPERATION OF
CHULA VISTA VISITOR INFORMATION CENTER
THIS CONTRACT AND LEASE is entered into this 14th
day of July , 1987, between the CITY OF CHULA VISTA
(hereinafter "Lessor") and Charles Costa Enterprises
(hereinafter "Lessee"), pursuant to the following terms and
conditions:
RECITALS
WHEREAS, the City of Chula Vista solicited
proposals for qualified individuals or organizations to
operate the City's Visitor Information Center which has
been constructed through a cooperative effort of the City of
Chula Vista and the County of San Diego, and
WHEREAS, the proposals submitted by interested
organizations did not completely meet the needs of the City
for the operation of the Visitor Information Center, and
WHEREAS, Charles Costa Enterprises as one of the
proposers, agreed to negotiate with the City a contract
mutually beneficial to the parties based upon the following
provisions:
1. Lessor hereby leases the Visitor Information Center
located at the Bayfront/E Street Trolley Station to Lessee.
The Visitor Information Center (hereinafter "premises"), 750
"E" Street, Chula Vista, as delineated on the attached
Exhibit A, may only be used for the purposes established by
this contract. The parties intend that the Lessee shall
provide visitor information services, as more particularly
described in this contract, for the benefit of the City of
Chula Vista, the South Bay Region and visitors to the area.
2. Term. The term of this contract shall be for six (6)
months, commencing July 30, 1987 and ending January 30, 1988
subject to the termination provisions of this agreement.
3. Rent. Lessee shall not be required to pay rent for the
term of this agreement.
4. A. Lessee shall be responsible for all interior
improvements of the premises. Said improvements shall
include, but not be limited to, fixtures, both permanent and
temporary, painting, wall coverings, and personal property.
All improvements shall be at Lessee's own expense. All
improvements shall require the prior written approval of the
City. Lessee shall be responsible for the removal of all
fixtures from the premises upon termination of this contract
and shall be responsible for restoring the premises to its
original condition, with the exception of normal wear on the
premises. Permanent improvements and fixtures which cannot
be removed without damage to the premises, shall become the
property of the Lessor.
B. Lessee shall deposit $10,000 cash or $10,000 bond
with the Lessor as security to assure that the premises is
returned to its original condition upon termination of the
contract.
5. A. Statement of Gross Sales. Within fifteen (15) days
after the end of each calendar month of the term hereof,
commencing with the fifteenth day of the month following the
commencement of this lease agreement as hereinafter
provided, and ending with the fifteenth day of the month
next succeeding in the last month of the term of this lease
agreement, Lessee shall furnish to Lessor a statement in
writing, certified by Lessee to be correct, showing the
total gross sales made in the Leased Premises during the
preceding calendar month. Lessee shall keep (a) full and
accurate books of account and records in accordance with
Generally Accepted Accounting Principals consistently
applied, including, without limitation, a sales journal,
general ledger, and all bank account statements showing
deposits of gross sales revenue, (b) all cash register
receipts with regard to the gross sales, credits, refunds
and other pertinent transactions made from or upon the
Leased Premises and (c) detailed original records of any
exclusions or deductions from gross sales. Such books,
receipts and records shall be kept for a period of two (2)
years after the close of each calendar year and shall be
available for inspection and audit by Lessor and its
representatives at the Leased Premises at all times during
regular business hours. In addition, upon request of
Lessor, Lessee agrees to furnish to Lessor a copy of
Lessee's state and local sales and use tax returns. The
Lessor shall, within two (2) years after the receipt of any
such statements, be entitled to an audit of such gross
sales. Such audit shall be conducted by Lessor or by
certified public accountant to be designated by Lessor
during normal business hours at the principal place of
business of Lessee. In addition, if any of Lessee's
statements shall be found to have understated gross sales by
more than two percent (2%), or if such audit shows that
Lessee has failed to maintain the books of account and
records required by this section so that Lessor is unable to
verify the accuracy of Lessee's statement, then Lessee shall
pay to Lessor all reasonable costs and expenses (including
reasonable auditor and attorney fees) which may be incurred
by Lessor in conducting such audit.
B. "Gross Sales Defined". The term "gross sales" as
used in this lease shall include the entire gross sales of
every kind and nature from sales and services made in the
Leased Premises whether for credit or cash, whether by
Lessee or by others, including all sales from any vending
devices and payments from pay telephone. "Gross sales"
shall not include any rebates or refunds to customers or
sales taxes accounted for and paid to a governmental agency.
6. A. Lessee shall operate the premises at least from
7:00 aom. to 6:00 p.m. on weekdays and from 9:00 a.m. to
6:00 p.m. on weekends and holidays. The premises may be
closed on ThanksgiVing, Christmas and New Years Day. The
parties agree that these operating hours may be adjusted
upon mutual written consent of the parties. During the
Center's hours of operation, th~ rest rooms shall be
available for public use.
B. Lessee shall staff the Visitor Information Center
with qualified competent personnel who are neatly dressed
and courteous at all times. At least two (2) qualified
personnel will staff the Center on Fridays, Saturdays,
Sundays and holidays, unless otherwise authorized in writing
by Lessor. Lessee shall provide adequate training to insure
that personnel are able to respond to inquiries about areas
of interest from members of the public. Center staff must
have extensive knowledge of and be capable of dispensing
complete information about the following:
(1) Chula Vista (including street locations,
major hotels/motels, restaurants, visitor
attractions, government offices, Nature
Interpretive Center, major shopping areas, etc.)
(2) Transit information (including Trolley
schedule, prices, stops, etc., and Chula
Vista Transit bus schedules, routes, etc.)
(3) San Diego visitor attractions (including
Sea World, Horton Plaza, airport, Gaslamp
District, Mission Bay, beaches, etc. and
admission prices, hours of operation
directions, etc.)
(4) Visiting Mexico (including duty
and visa regulations, insurance requirements,
major hotels/motels, restaurants, shopping areas
and major visitor attractions, etc.)
Center staff must have an adequate general knowledge of and
be capable of dispensing general information about the
following:
(1) Northern Baja, Mexico (including major
highways, cities, etc.)
(2) Southern California (including major
highways, cities, visitor attractions, etc.)
C. Unless specifically requested otherwise by the
visitor, information will always be given on the community
of Chula Vista.
7. The Lessor, as a public entity, is concerned about the
image portrayed by the Lessee and its personnel. Lessor
shall have the right to inform, in writing, Lessee of
actions by Lessee or Lessee's personnel, which do not
comport with the intent of this contract which includes
providing complete and accurate visitor information and
presenting a neat, clean, responsive, friendly, etc., image
of the City. Lessee shall take all necessary steps to
insure that its actions meet this provision of the contract.
Lessor may consider Lessee in breach of this contract if
Lessee fails to correct the problem.
8. Lessee shall be responsible for keeping in good order,
condition and repair the interior of the premises, the
vending machine area, and the rest rooms, including but not
limited to, interior walls, floors, utilities systems,
plumbing, windows and necessary maintenance thereto. Lessee
shall maintain the rest rooms, which are a portion of the
premises, for the use of the public. Restrooms will be
cleaned at least once per day on Mondays through Thursdays.
Restrooms will be cleaned at least twice per day on Fridays
through Sundays and on major holidays unless less frequent
cleaning is approved in writing by the Lessor. Cost of
janitorial and rest room supplies will be reimbursed by the
Lessor (up to $1,000 for the term of this agreement) upon
receipt of itemized bill and receipts of supplies from
Lessee subject to Lessor's approval. Lessee shall be
responsible for all other costs and supplies necessary for
the proper maintenance of the interior of the premises.
Lessor shall be responsible for repairing and maintaining
the exterior of the premises, including but not limited to,
the roof, exterior walls, and landscaping.
9. Lessee agrees to indemnify and hold Lessor, the City of
Chula Vista, the County of San Diego and Metropolitan
Transit Development Board, harmless from any and all suits,
claims for damages, complaints, or injuries which result
from Lessee's operation of the premises pursuant to this
contract.
10. A. Lessee shall maintain insurance from responsible
and solvent corporations authorized to issue such policies
in California with a financial rating of at least a B+ XIII
status as rated in the most recent edition of "Best's
Insurance Reports." Said insurance shall include worker's
compensation coverage required by state law and a minimum
$1,000,000 employer's liability coverage. In addition,
Lessee shall maintain comprehensive general liability
coverage limited to the interior of the building in the
amounts of $500,000 for each single injury or death,
$1,000,000 for multiple injuries or deaths, $50,000 property
damage or a $1,000,000 combined single limit policy. Lessee
shall also maintain an all risk property insurance covering
the value of property inside the building. Each policy
which Lessee maintains shall name the Lessor, the County of
San Diego and the Metropolitan Transit Development Board
(MTDB) as additional insureds.
B. Said policy or policies shall provide thirty (30)
days written notice to the City Clerk of the City of Chula
Vista of cancellation or material change.
11. Lessor may install a locked "suggestion box" and
provide questionnaires to garner feedback from the public
concerning the public service aspects of the operation.
Such a suggestion box would be placed in a prominent
location in keeping with the overall layout of the Center.
12. Lessee is required to record and submit to Lessor in a
format specified by Lessor the number of adult visitors to
the Center by hour of the day and the number of transit
related inquires received at the Center.
13. Lessee may be required to post a "Free Visitor
Information" sign at each of the three entrances to the
Center or at the counter. Size and design of the sign will
meet with the approval of the Lessor.
14. The Lessee is required to maintain at least one public
pay phone within the interior of the premises or within the
vending area of the premises.
15. The Lessee will make available for sale to the public
transit passes issued by the Metropolitan Transit
Development Board (MTDB) and Chula Vista Transit.
16. Lessee may not assign, subcontract, sublet or encumber
the premises without the prior written consent of the
Lessor.
17. A. Lessor may terminate this agreement at any time and
for any reason by giving Lessee written notice of such
termination and specifying the effective date thereof, at
least sixty (60) days before such termination.
B. Lessor may terminate this agreement for cause by
giving Lessee written notice of such termination and
specifying the effective date thereof, at least seven (7)
days before such termination if one or more of the following
conditions exists.
(1) Lessee's performance does not present a positive
image of the City of Chula Vista;
(2) Lessee's performance serves to impede or divert
the flow of visitors, tourists and the general public
from Chula Vista businesses;
(3) Lessee fails to satisfactorily perform any
requirement of this contract.
C. Lessor may terminate this agreement by giving
Lessee written notice of such termination and specifying the
date thereof at least twenty-four (24) hours before such
termination if the Lessee fails to maintain the minimum
operating hours established by this agreement. If the
Center is closed, or otherwise not operational in terms of
responding to visitor inquires, for any cumulative (not
necessarily consecutive) periods in excess of eleven (11)
hours during the specified minimum operating hours in any
30-day period, Lessor may terminate the contract under this
provision.
18. Lessee is prohibited from erecting or creating any
signs on the premises which are visible from the outside or
in any area within the jurisdiction of Lessor without prior
written approval of the Lessor.
19. The Lessee will maintain at least one fully stocked
brochure rack in a highly visible area of the lobby area of
the premises containing brochures which provide information
on the major visitor attractions in San Diego County.
20. Layout - Lessee's operation of the Visitor Center will
conform to the following physical layout requirements:
A. Unless approved otherwise in writing by the Lessor,
wall space (excluding walls behind the counter) will be
posted only with public service information consistent with
material identified in Section 21C of this agreement, and
display material supplied by the Lessor designed to promote
visitor attractions in Chula Vista.
B. One magazine/newspaper rack in the south west
corner of the lobby no larger than 6' 6" high by 4' wide by
20" deep.
C. Display of retail merchandise on the counter
top shall be limited to 51 linear inches of the counter
(measured from the wall) facing the south, and 18 linear
inches of counter (measured from the counter opening) facing
the north. Displays on the counter shall be no higher than
12". Display of additional retail merchandise behind the
counter shall present a neat, uncluttered appearance.
D. Physical alteration of the premises to accommodate
appliances (i.e. refrigeration unit, microwave oven, etc.)
will be subject to Lessor approval prior to actual
installation or alteration of the premises.
E. Display of other retail merchandise and storage and
preparation of food and drink items shall be limited to the
following:
(1) Two free-standing racks in the lobby
area no larger than 6' high and 24" in
diameter
(2) One shirt display no larger than 3' x 3'
x 1'
(3) Refrigerator in the Northwest corner of
the lobby no larger than 78" high by 52"
wide by 33" deep
(4) One hanging menu board no larger than 20"
by 48".
Any other activity not enumerated herein shall require prior
written approval by the Lessor.
21. A. Lessee's commercial activities in the premises
shall be limited to the sale of the following items:
(1) Snack foods in sealed packages
(2) Cold drinks in sealed containers
(3) Coffee, tea, hot chocolate
(4) Shirts
(5) Hats
(6) Magazines
(7) Travel guides or books
(8) Transit passes
(9) Film, flashcubes, batteries
(10) Sunglasses
(11) Postcards
(12) Cigarettes
(13) Souvenir coffee mugs
(14) Lottery tickets
Sale of items not listed here is prohibited unless
authorized in writing by the Lessor.
8
B. Items prohibited from being sold on the premises
include, but are not limited to, the following:
(1) Alcoholic beverages
(2) Pornographic material
(3) Non-packaged food items
C. Commercial activities, promotion and/or referrals
shall not interfere with Lessee's ability to provide free,
reliable, complete and true information in response to
requests from public users of the facility. In addition to
providing routine visitor and transit information, Lessee
shall provide informational service which shall include, but
not be limited to, the following:
(1) One hanging bulietin board of community
activities matching the hanging menu
board in size and design;
(2) Display map of the City of Chula Vista;
(3) Respond to phone and mail inquiries;
(4) Display stand of scenes of Chula Vista;
(5) Provide information as stated in the
"Partial List of Visitor Services"
contained in the attached Exhibit B.
22. Operation of the premises shall comport with all
applicable ordinances, rules and regulations, including but
not limited to, those provisions of the Municipal Code
relating to the sale of adult materials such as those
regulated for adult book stores (City Code 19.04.007) and
the County of San Diego Health Department's regulations
relating to food sales and consumption.
23. The City Manager or his or her designee shall be the
contract administrator for purposes of this contract. For
those conditions requiring the written approval of the
Lessor, the City Manager, or his or her designee, shall have
the authority to provide said written approval.
24. Lessee shall be responsible for all utility costs
associated with the use of the premises. Said costs shall
include, but not be limited to, electricity and water usage
required for the premises, including the rest rooms and any
vending machines. Until a separate electricity meter is
installed for the premises, the Lessee will pay to the
Lessor $75 per month to cover estimated electricity charges.
In addition, Lessee shall be responsible for trash disposal
for the premises and possessory interest tax if applicable.
9
· 25. Correspondence relating to this agreement should use
the addresses given below:
Jim Thomson, Deputy City Manager Charles Costa Enterprises
City of Chula Vista 840 Third Avenue, #97
Management Services Department Chula Vista, CA 92011
276 Fourth Avenue
Chula Vista, CA 92010 or
750 "E" Street
Chula Vista, CA 92010
THE CITY OF CHULA VISTA CHARLES COSTA ENTERPRISES
Assistant Ci~~ey
EXHIBIT B
PARTIAL LIST OF VISITOR SERVICES TO BE HANDLED BY THE
VISITOR INFORMATION CENTER:
1. Clubs and Organizations - within community
2. Activity Schedules - Public Events
3. Street Information - Closures, Detours, etc.
4 Medical Services - Listing within community
5 Professional Services - Listings within community
6 Chamber of Commerce Service Directory
7 Churches - Locations and schedules
8 Lodging Facilities within community
9 Dial-A-Ride
10 Meeting rooms - locations
11 Real Estate offices
12 Government Services & Referrals to Appropriate
Department
13. Schools within community
14. Recreation Sites within community
15. Historical Sites
16. health Facilities
17 Public Officials within community
18 Museums and Schedules
19 Trains, stations and schedules
20 Mexico - information on tourist cards, parking, etc.
21 Tourist Attractions - Locations and Schedules
22 Parks, Playgrounds, Picnic Areas and Local Beach
Information
23. Post Office and other Public Building Locations
24. Newspapers and local publications
25. Community Events - Parades, Displays, Seasonal
Promotions
CITY OF CHULA VISTA
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING
COMMISSION AND ALL OTHER OFFICIAL BODIES.
The following information must be disclosed:
1. List the names of all persons having a financial interest in the application.
List the names of all persons having any ownership interest in the property involved.
2. If any person identified pursuant to (1) above is a corporation or partnership, list
the names of all individuals owning more than 10% of the shares in the corporation
or owning any partnership interest in the partnership.
3. If any person identified pursuant to (1) above is a non-profit organization or a
trust, list the names of any person serving as director of the non-profit
organizatio,~i?/Z~s trustee or beneficiary or trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and Council within the past twelve months?
Yes No l~X~. If yes, please indicate person(s)
Person is defined as: "Any individual, firm, copartnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate,
this and any other county, city and county, city, municipality, district or other
political subdivision, or any other group or combination acting as a unit."
(NOTE: Attach additional pages as necessary.)
Signature of applicant/date
1
A4 lO ~int or type name of app icant