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HomeMy WebLinkAboutReso 1967-4631 Form No. 342 Rev- 8-67 RESOLUTION NO~ 4631 RESOLUTION OF THE CITY COUNCIL OF I'HE CITE OF' ':HULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CITY SCHOOL DISTRICT FOR THE LEASE OF CERTAIN REAL PROPERTY FOR YOUTH ACTIVITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and the Chula Vista City School District for the lease of certain real property located at the Lillian J. Rice School, on "L" Street near the intersection of Fourth Avenue, for youth activities, dated the 28th day of December , 1967 , 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 1T 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 said City Presented by Approved as to form by ~'" Fred A. Ross, ief A istrative ! George Lindberg, ity Attor Officer ADOPTED AND APPROVED by the CITY COUNCIL of V7~STAM CALIFORNIA, this 19th day of December following vote, to-wit: the CLTY OF CHULA ~, 19 67 by the AYES : CouncilmenlS~arling, McCorquodale, Anderson, &ylvester, McAllister NAYES: Councilmen None ABSEN"I': Councilmen None .~ Mayor of the City of Chula Vista ;- ; AT'TEST' ~..i-._c.-c -,C ~ < ~,_~x~.~.~~. ~~~,}~ «, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGC ss~ CITY OF CHULA VIS'T'A ~ 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 amended or repealed DATED City Clerk LEASE OF CERTAIN REAL PROPERTY FOR YOUTH ACTIVITIES THIS LEASE AGREEMENT, made and entered into this 28th day of December ~ 19 67 by and between THE CHULA VISTA CITY SCHOOL DISTRICT, as Lessor, hereinafter called "District", and the CITY OF CHULA VISTA, a municipal corporation, as Lessee, hereinafter called "City"; W I T N E S S E T H WHEREAS, the City of Chula Vista desires to obtain property for development and use for youth activities, and WHEREAS, the Chula Vista City School District owns certain vacant property located at the Lillian J. Rice School Site, on "L" Street near the intersection of Fourth Avenue, which it is willing to lease to the City for said youth activities purposes. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: A. Premises. District hereby leases to City that certain parcel of real property located on "L" Street near the intersection of Fourth Avenue in the City of Chula Vista, County of San Diego, State of California, more particularly described as follows: Being a portion of Lot 17, in Quarter Section 140 in Chula Vista, a subdivision of a portion of Rancho de la Nacion, in the County of San Diego, State of California, according to Map thereof No. 505, filed in the office of the County Recorder of said San Diego County, March 13, 1888, described as follows: Beginning at the intersection of the center line of Second Avenue and 4th Street, now known as Fourth Avenue and "L" Street; thence Easterly along the center line of "L" Street 720' to the true point of beginning; thence continuing Easterly along the centerline of "L" Street 60'; thence South 19° East 140 feet; thence South 71° 02-1/2' West 60 feet; thence North 19° West 140 feet to the true point of beginning. B. Term. The term of this lease shall be for a period of ten (10) years, commencing on January 1, 1968 and terminating on December 31, 1978, with an option to renew for two (2) consecutive five (5) year terms. C. Rent. City agrees to pay to District a rental for said premises in the sum of ONE DOLLAR ($1.00) per year, payable on January 1 of each year for the term of this agreement. In addition, City agrees to pay the cost of publication and execution of this lease agreement, and further agrees to do and perform the other covenants and aa_reements in this lease contained. D. Removal of Improvements. City, or its sublessees, agree to remove any and all improvements which may be constructed or main- tained on said property upon the termination of this lease, and to leave the property in the same condition as it existed at the time of commencement of this lease. City further agrees to maintain any tree or trees growing on said property in their present condition, unless it shall become necessary, in the interests of safety or the natural con- dition of said tree or trees, to remove same. E. Landscaping and Fencing. City, or its sublessees, agree to landscape and maintain said property in a reasonable condition and to fence the portion of said property abutting the Lillian J. Rice School Site playground. -1- (~~-- '~ - .,- ~- , F. Exclusive Use. City agrees that said premises shall be used solely and exclusively for the purpose of promoting youth activities. G. Termination. City may cancel ,this lease agreement upon f' thirty (30) days written notice to District when premises are no longer reauired for any type of youth activities. In the event that City fails to maintain and operate said premises for the principal purpose for which the same are hereby demised or fails to maintain reasonable and adequate supervision and maintenance of said premises and further fails to remedy any such faults or defects within thirty (30) days after written notice so to do from District, then District may elect to terminate and cancel this lease. H. Hold Harmless. The District, its agents, officers and employees, shall not be, nor be held liable, for any claims, liabilities, penalties, fines or for any damage to the goods, properties or effects of City, its sublessees, representatives, agents, employees guests, licensees, invitees, patrons or clientele or any other persons whom- soever, nor for personal injuries to, or deaths of them, or any of them, whether caused by or resulting from ary acts or omission of City in or about the premises or from any act or omission of any person or from any defect in any part of the premises or from any other cause or reason whatsoever. City further agrees to indemnify and save free and harmless District and its authorized agents, officers, and employees against any of the foregoing liabilities and any costs and expenses incurred by District on account of any claim or claims therefor. I. Insurance. City, or its sublessees, agree to maintain public liability insurance during the term of this lease agreement, covering the District as a named insured. The limits of said policy shall be at least $100,000 for each person in each accident with a total coverage of $300,000 for each accident and with property damage liability in the amount of at least $25,000 for any one accident. District shall be furnished with a copy of said policy or an appropriate letter of coverage. J. This lease shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, the same as though they were parties to this lease. IN WITNESS WHEREOF, this lease agreement is executed by the CHULA VISTA CITY SCHOOL DISTRICT, and by the CITY OF CHULA VISTA, the day and year first hereinabove wri tten. CHULA VISTA CITY SC HOOL DISTRICT CITY OF CHULA VIST -•- ~ Secretary to the Board o~ ~ducati ~: ~`~ " ` /' Approved as to form by ~ ~/ ~L/ '~ ,r, -~ ~ .. ~ 9 George D.;Lindberg, City Attorn -2-