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HomeMy WebLinkAboutReso 1967-4632Form No~ 342 Rev., 8-6? RESOLUTION NO~ 4632 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CI'T'Y OF CHULA VTSTA .AND GIRLS' CLUB OF CHULA VISTA, ANON-PROFIT CORPORATIONS FOR THE SUBLEASE 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 follcws: That that certain agreement between the City of Chula Vista, a municipal corporation, and the Girls' Club of Chula Vista, a non- profit corporation, for the sublease of certain real property located at the Lillian J. Rice School Site, on "L" Street near the intersection of Fourth Avenue for youth activities, dated the 19th da of December y , 19 67 , 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 ,..~ c "'~_~ 1 , Fred A. Ross, C i~f Admini~trat~ive George D in erg, ity Att y Officer ADOPTED AND APPROVED by the CITY COUNCIL of VIS'T'A, CALIFORNIA, this 19th day of December following vote, to-wit: the CITY OF CHULA ~, 19 67 , by the AYES : Councilmen Anderson, Sylvester, McAllister, Sparling, McCorquodale NAYES: Councilmen N ABSENT: Councilmen None ~ ~ , Mayor of t e/ Ci,: y of Chu. a Vista ATTEST x~...---c_~.~_~ ~~ _~~ ~,~~{<. ,~, . °ty Clerk STATE OF CALTFORNIA ) COUNTY OF SAN DTEGO y sso 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 amended or repealed.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 SUBLEASE OF CERTAIN REAL PROPERTY FOR YOUTH ACTIVITIES THIS SUBLEASE AGREEMENT, made and entered into this 19th day of December , 1967 by and between THE CITY OF CHULA VISTA, a municipal corporation, as Lessor, hereinafter called "City", and the GIRLS' CLUB OF CHULA VISTA, a non-profit corporation, as sublessee, hereinafter called "Girls' Club": W I T N'E S S E T H WHEREAS, the Girls` Club of Chula Vista desires to obtain property for development and use for youth activities, and WHEREAS, the City of Chula Vista has heretofore leased cer- tain real property from the Chula Vista City School District, located at the Lillian J. Rice School Site, on "L" Street near the intersection of Fourth Avenue, which property City is willing to sublease to Girls' Club for said youth activities purposes. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: A. Premises. City hereby subleases to Girls' Club that certain parcel of real property located on "L" Street near the inter- section 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 Pdo. 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. Girls' Club agrees to pay to City 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, Girls' Club agrees to pay the cost of publication and execution of this sublease agreement, and further agrees to do and perform the other covenants and agreements in this sublease contained. D. Removal of Improvements. Girls' Club agrees to remove any and all improvements which may be constructed or maintained on said property upon the termination of this sublease, and to leave the property in the same condition as it existed at the time of commencement of this sublease. Girls' Club 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. Girls' Club agrees to land- scape and maintain said property in a reasonable condition and to fence the portion of said property abutting the Lillian J. Rice School Site playground. F. Exclusive Use. Girls' Club agrees that said premises shall be used solely and exclusively for the purpose of promoting youth activities. G. Termination. Girls' Club may cancel this sublease agree- ment upon thirty (30) days written notice to City when premises are no longer required for any type of youth activities. In the event that Girls' Club 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 City, then City may elect to terminate and cancel this sublease. H. Hold Harmless. The City, 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 Girls' Club, its representatives, agents, employees, guests, licensees, in- vitees, patrons or clientele or any other persons whomsoever, whether caused by or resulting from any acts or omission of Girls' Club 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. Girls' Club further agrees to indemnify and save free and harmless City and its authorized agents, officers, and employees against any of the foregoing liabilities and any costs and expenses incurred by City on account of any claim or claims therefor. I. Insurance. Girls' Club agrees to maintain public liability insurance during the term of this sublease agreement, covering the City of Chula Vista and the Chula Vista City School District as 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. City and District shall be furnished with copies of said policy or an appropriate letter of coverage. J. This sublease 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 sublease. IN WITD?ESS WHEREOF, this sublease agreement is executed by THE CITY OF CHULA VISTA, and by the GIRLS' CLUB OF CHULA VISTA, INC., the day and year first hereinabove written. THE CITY OF CHUL~yIST-A / /;' ,; ; / r ; '` `,, .. ,,J i 4/ GIRLS' CLUB OF CHULA VISTA, INC. i~ Approved as to form by R ~p ~' fy~ ~ 'r ~ '~fi~ ~ ~ .7 George D.~;indberg, City Atto~¢ \. -2-