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HomeMy WebLinkAboutReso 1966-4264Farm No~ 342 RESOLUTION NO. 4264 RESOL[J'I'aON GF THE CITY COUNC:i u t~E~~~ TIE 'CI'T'Y Or' ~~,:.HUi.I-~ `1~~I;i~_L'-'~ APPROVING AGREEMENT BETWEEN '1'HF t~.ITY OF CHULA u'Iv Z'A .AND SOUTH BAY HISTORICAL SOCIETY FOR THE LEASE OF THAT CERTAIN BUILDING IN ROHR PARK COM1~i0NLY KNOWN AS THE ADOBE BUILDING AND AUTHOR~CZ:iNG THE MA`10R TO E'~ECiJTE ~,A.MI The City Council of the City of Ch.uys. 'v'~ atr~? dues I-~~r~_~by resolve as fol.l_aws That that certain agreement betwet=n the City a~ ~'hu.la ~f:i.si:.a' a municipal corporation, and the South Bay Historical Society for .the lease of that certain building in Rohr Park commonly known as the Adobe Building, dated the 6th da~~ of December l a 6 6 a :;: opt o.~: ~ah. cl ~. is attached hereto and incorporated htre_n;, raze same as tha+.z,~h f;~:?.1~,~ set forth here~.n be, and the same x.s h:ex~eby approve~d~ BE IT FURTHER .EtESOLVIED that the Mayor of *_he City o:L t'hula Vista be, and. he is hereb~~ authorized and directed to e~ec:ute sa:~c1 agreement for and on beha?_f of said City.. Pre~e~t~d~by W. G. Jasinel~, Director of Parks & Recreation Approved a;~ to form by George D in erg, iiy Atto _ y t. AD(33?~E~ AND AFPRC~JF;D by _h~ CITY CJ[.TNCIiv of the ~~IIY ~CF C11ULA V1STi=A, CAl,FCRN-~A, this _ 6th _ day of ~_ December ~~~ ig 66 by the. r~llo?wing emote, to-wit AYES; Councilmen. _Anderson, Sylvester, McCorquodale, Sparlin~ NAYES ~ Cou:-~ci liner. None ABSEIQT o Coiinc i lmer~ McAllister ~ l ,- Mayor:/of the Ci~y'of China Vista pro tom ATTEST _~-' ,!'~~ ` ~' ..~i~~ City Clerk STATE OF CALIFORN L~, COUNTY ~JF SAN DItiGG ~s . C1TY nF CHULA ~~?STA i I, KENNETH. ?.. C.?~.'~1EBEL~., Gity ClerTz Gf the City of Chula V;_sta, California, DO HEREBY CERTIFY that the abo4~e and fnregoi_ng is a fi.;.ii, true .and. correct copy of Resolution No. 4264 ., and that the same ras not been amended or repealed. DATED°; December 6, 1966 City Clerk CC-652 ~ 4~4 LEASE AGREEMENT THIS LEASE AGREEMENT, executed in duplicate this 6 th day of December, 1966, by and between the CITY OF CHULA VISTA, a municipal corporation in the County of San Diego, State of California, and the SOUTH BAY HISTORICAL SOCIETY, a non-profit organization, hereinafter called respectively the "CITY" and the "LESSEE" without regard to number or gender, W I T N E S S E T H: A. That property hereinafter described is leased for the purpose of office quarters, committee meetings, displays, public gatherings, meetings of the Junior Historians sponsored by the South Bay Historical Society, and civic activities, for providing historical information concerning the City of Chula Vista and the South Bay area, and for no other purpose. The CITY hereby leases to the LESSEE and the LESSEE hires from the CITY those certain premises with appurtenances situated in the City of Chula Vista, County of San Diego, State of California, more particularly described as follows: That certain building in Rohr Park commonly known as the Adobe Building. B. The term shall be TWO (2) YEARS, beginning on the fifteenth day of December, 1966, and ending on the 15th day of December, 1968, provided, however, that this lease may be terminated at any time by either party upon thirty (30) days written notice, and if such notice is given by CITY, no portion of rent paid in advance by LESSEE is refundable. C. The rent is payable upon the execution of this lease agreement at the office of the Finance Officer of the City of Chula Vista and shall be the sum of ONE DOLLAR ($1.00) per year. D. It is further mutually agreed by the parties as follows; that: 1. QUIET POSSESSION. LESSEE shall and may at all times during the said term peaceably and quietly have, hold and enjoy the said premises for the term aforesaid. 2. INSURANCE RISKS. The LESSEE shall not use, or permit said premises, or any part thereof, to be used, for any purpose or purposes other than the purpose or purposes for which the said premises are hereby leased. Unless included within the said purposes or necessarily incident thereto, no use shall be made or permitted to be made of the said premises, nor acts done, which will increase the existing rate of insurance upon the building or buildings, if any, belonging to CITY which may be located on the leased premises or in which said premises may be located, or cause a cancellation of any insurance policy covering said building or buildings, or any part thereof, nor shall any article which may be prohibited by the standard form of fire insurance policy be or be permitted to be kept, used or sold in or about said premises. The LESSEE shall, at his sole cost and expense, comply with any and all requirements, pertaining to said premises of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance, covering said buildings and appurtenances. 3. IMPROVEMENTS, REPAIRS, ALTERATIONS. LESSEE shall xiot make any alterations or changes in the Leased Premises or cause to be made, built or installed thereon, any improvements and shall not alter any existing improvements; except in accordance with plans and specifications previously submitted to the Director of Parks and Recreation of said CITY, and approved, in writing, by him. LESSEE agrees to take good care of the Leased Premises, fixtures and appurtenances, and of all alterations, additions and improvements to any of them. The City shall perform basic maintenance on permanent features, ~ ~ab~l such as exterior and interior walls, ceilings, roofs, floors, external structures, electrical circuits, plumbing and heating equipment to the extent that provision has been made therefor in the annual budget of the City. Interior decoration and alterations for the accommodation of LESSEE shall be the responsibility of the LESSEE in accordance with the procedure outlined above. CITY shall not be required to make any improvements, repairs or alterations not herein specifically required nor to provide any custodial services. LESSEE hereby waives all right to make repairs at the expense of CITY as provided in Section 1942 of the Civil Code of the State of California and all rights provided for by Section 1941 of said Civil Code. By entry hereunder, LESSEE accepts the premises as being in good and sanitary order, condition and repair, and agrees on the last day of the term or sooner termination of this lease to surrender to CITY the premises with improvements in the same condition as when received or as they may have been put into, subject, however, to Section 3 hereinabove. 4. REMOVAL OF IMPROVEMENTS. City agrees that all fix- tures and improvements installed by Lessee in accordance with the pro- visions herein provided, and not being a replacement or repair of or for any improvement or improvements existing and belonging to CITY, shall be and remain the property of LESSEE. LESSEE shall have the right to remove said fixtures and improvements prior to the termina- tion of this agreement at LESSEE'S own expense, provided that any damage to CITY'S property or improvements shall be repaired and the premises left in as good order and condition as when LESSEE took possession of the leased premises. In the event LESSEE does not so remove said fixtures and improvements prior to the expiration of this agreement, CITY may remove, or sell, or destroy the same at the ex- pense of LESSEE, and LESSEE shall pay to CITY the reasonable cost of any such removal, sale or destruction together with the reasonable cost of repair of damages to CITY'S property or improvements resulting from such removal, sale or destruction. At the option of the CITY, any property, real or personal, not so removed by LESSEE may be deemed abandoned. 5. MECHANIC'S LIEN BOND. LESSEE will save CITY free and harmless, indemnify it against all claims for labor and materials in connection with improvements, repair or alterations to the leased premises, and the cost of defending against such claims, including reasonable attorney's fees. In the event that improvements, repairs, or alterations are constructed on the leased premises by other than the CITY, the LESSEE shall file with the CITY a bond, conditioned for the payment in full of the claims of all persons performing labor upon or furnish- ing materials to be used, in the estimated cost of the improvement, alteration or repair as determined by the Director of Parks and Recreation. the bond shall be acknowledged by the LESSEE as principal and by a corporation licensed by the Insurance Commissioner of the State of California to transact the business of a fidelity and surety insurance company as surety. In the event that a lien is recorded under Chapter II of Title 4 of Park 3 of the California Code of Civil Procedure against the leased premises and the lien-holder attempts to perfect such lien by a lawsuit and the LESSEE has failed to comply with the requirements of this paragraph, this lease shall automatically terminate five (5) days after service of summons in such lawsuit upon the CITY; provided, however, that the Director of Parks and Recreation shall have the right to continue this lease in full force and effect by notifying the LESSEE in writing of his election to do so. 6. ENTRY AND INSPECTION. CITY reserves, and shall always have the right to enter said premises for the purpose of view- ing and ascertaining the condition of the same, or to protect its interests in the premises or to inspect the operations conducted on said premises. In the event that such entry or inspection by CITY -2- ~y~y discloses that said premises are not in a safe, health and satisfactory condition, premises shall be closed forthwith until repaired and CITY shall have the right, after ten (10) days written notice to LESSEE, to have any .necessary maintenance work done for and at the expense of LESSEE, and LESSEE hereby agrees to pay promptly any and all costs incurred by CITY in having such necessary maintenance work done in order to keep said premises in a safe, healthy and satisfactory condition. The rights reserved in this section shall not create any obligations on CITY or increase obligations elsewhere in this lease imposed on CITY. 7. ASSIGNMENT. LESSEE shall not assign this lease, or any interest therein, and shall not sublet said premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person to occupy or use said premises except agents, officers and employees of the City without the prior written consent of the Director of Parks and Recreation. 8. UTILITIES. Except for such installation or utilities as CITY herein expressly agrees to provide, LESSEE shall order, obtain and pay for all utilities and service and installation charges in connection therewith. CITY will provide electricity to the leased premises and shall bill LESSEE and LESSEE agrees to pay for such utility services at the rate of THREE DOLLARS ($3.00) per month. 9. CONTROL AND ADMINISTRATION OF LEASE: NOTICES. Control and administration of this lease is under the jurisdiction of the Director of Parks and Recreation as to the CITY'S interest herein and any communication to the terms or conditions or any changes thereto or any notice or notices provided for by this lease may be served upon the Director of Parks and Recreation. LESSEE shall provide Director with a calendar of open-house, special events, and other activities prior to March 30 of each year during the term of the lease. 10. INSURANCE. It is expressly understood and agreed that the LESSEE shall indemnify and hold harmless the City, its officers, employees or agents, from any claims arising from his use of the premises. LESSEE shall provide a policy of public liability and property damage insurance, approved by the City Attorney, with limits of $100,000 for injury to any one person in any one accident, $300,000 for injury to two or more persons from any one accident or occurrence, and $25,000 for property damage, and shall also carry a policy of Workmen's Compensation insurance covering any and all of LESSEE'S employees. Approved copies of these policies or certificates shall be filed with the Finance Officer of the City of Chula Vista. 11. HOLD HARMLESS. 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 LESSEE or any of LESSEE's representatives, agents, employees, guests, licensees, invitees, patrons or clientele or any other persons whatsoever, nor for personal injuries to, or deaths of them, or any of them, whether caused by or resulting from any acts or omission of LESSEE in or about the leased premises, or any act or omission of any person or from any defect in any part of the leased premises or from any other cause or reason whatsoever. LESSEE 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. 12. WASTE, DAMAGE OR DESTRUCTION OF PREMISES. LESSEE shall give prompt notice to CITY of any damage to the leased premises. LESSEE shall not commit or suffer to be committed any waste or injury, or any public or private nuisance, shall keep the premises clean and clear of refuse and obstructions; and shall dispose of all garbage, trash, and rubbish in a manner satisfactory to CITY. If the leased premises shall be damaged by any cause as to render the premises untenantable or unfit for the use or purpose for which the same are hereby let and said damages are repairable within a reasonable time in the opinion of the Director of Parks and Recreation, CITY may elect to repair said damages so as to restore said property to a condition which is tenantable and fit for the said uses and purposes. -3- ~ ua~~k In the event that CITY does not so elect to make such repairs or in the event of a total destruction of the leased premises, CITY may terminate this lease and LESSEE may also terminate this lease, provided the destruction, partial or total, has not arisen as a result of the negligence of LESSEE, or of LESSE's agents, employees or any person or persons acting for LESSEE or under LESSEE's control. In the event that any building or buildings located on the leased premises on in which the leased premises may be situated, be destroyed to the extent of not less than 33-1/30 of the replacement cost thereof, CITY may elect to terminate this lease whether the leased premises be injured or not. Nothing contained herein is to be construed as obligating CITY to repair, replace or renew any glass whatsoever, or any fixtures, equipment, improvements or property belonging to LESSEE which may have been damaged as a result directly or indirectly of any such damage or for any other cause whatsoever 13. CONCESSION. The LESSEE may not, either directly or by any contract or concession agreement with others, .sell food or beverage to the public in the leased premises; provided, however, the LESSEE may furnish refreshments to the persons engaged in its own activities on the premises, and may serve tea or coffee, cakes or sandwiches, without charge, to the public in attendance at any of its activities or functions. 14. OPERATING SCHEDULE. LESSEE shall maintain the operation of said premises in accordance with the hours of operation of Rohr Park, and shall abide by any changes in said hours of operation which may be determined by the Director of Parks and Recreation. 15. NON-DISCRIMINATORY, NON-EXCLUSIVE USE. The general public shall not be excluded from said premises, nor shall LESSEE discriminate in the selection of its membership as to race, color or creed. LESSEE shall, however, have the right to promulgate reasonable rules and regulations for the use of said premises subject to the approval of CITY. Further, it is agreed that LESSEE shall provide adult supervision for any minors who may be invitees of LESSEE. IN WITNESS WHEREOF, this agreement is executed by the CITY OF CHULA VISTA, acting by and through its Mayor, pursuant to Resolution No. 4264 , and by the SOUTH BAY HISTORICAL SOCIETY the day and year first hereinabove written. THE CITY OF CHULA VISTA Mayor J THE SO TH BAY HISTORICAL SOCIETY Sidney C nell, President 7 Helen G. Lam Secretary Approved as to form by 0 George D. n berg, Ci y Attor -4- ~ y~b4