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HomeMy WebLinkAboutReso 1967-4317 (2)corm ivo~ ~4z RESOLUTION NO~ 4317 RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF"° CHULA VIS'J'A APPROVING AGREEMENT BETWEEN THE CITY Or' CHULA VISTA AND JOHN F. BOSCOSKY FOR THE LEASE OF THE HOUSE KNOWN AS THE CARETAKERS COTTAGE LOCATED IN ROHR PARK AND AUTHORIZYNG 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 Chua.a Vista, a municipal corporation, and John F. Boscosky for the lease of the house known as the caretaker's cottage located in Rohr Park dated the 7th day of February ~, 19 67 a cop~° of which is attached hereto and incorporated hereon, the same as though f',aJ..7_y set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Ma~ror of the City of Chu.1a Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of said City, Prese~it ,~7~, -~- William G. Ja inek, Director of Parks and Rec eation Approved as t form by George D. indberg, City Atto ._ l.. ADOPTED ~,ND APPROVED by he CITY CJL.TNCIL of the UiTY OF CHULA VISTA, CALFGRNIA, this _ 7th day of ~_ February ~, 1967 , by the tolloT~aing rote, to-wits AYES Councilmen. _ Sparling, Sylvester, Anderson, McAllister, McCorquodale NAYESs Councilmen None ABSENTS Councilmen None Ma or of the City of Chula Vist ATTEST ~ I ~-~' City Clerk ~-s~ STATE OF CALIFORNIA. COUNTY OF SAN DIEGG ~ ss. CITY OF CHULA VISTA. a I,~ KENNETH ~._ CAAIE~3EL1., City Clerk of tr,e City of Ghu1a Vista, California, DO HEREBY CERTIFY that the abo;,re ar.d foregoing is a full, true and. correct copy of and that the same has not been amended or repealed. DATED ° City C1.erk CC-652 - ~ 3/ THIS LEASE AGREEMENT, executed in duplicate this 7th day of February, 1967, by and between the CITY OF CHULA VISTA, a municipal corporation in the County of San Diego, State of California, and JOHN F. BOSCOSKY, a Groundsman-Gardener employed by the City in said classification as a Night Water Man, hereinafter called respectively the "CITY" and the "LESSEE" without regard to number or gender: W I T N E S S E T H WHEREAS, the City of Chula Vista desires to maintain, in residence at the caretaker's cottage in Rohr Park, personnel to pro- vide security measures against vandalism, and WHEREAS, JOHN F. BOSCOSKY, presently employed by the City as a Groundsman-Gardener assigned to the task of Night Water Man of the Chula Vista Municipal Golf Course, is willing to provide such services as an independent contractor as payment in kind of the lease of the premises known as the caretaker's cottage, a wooden frame, two-bedroom structure located on the premises of Rohr Park approximately 150 feet south of the swimming pool, and WHEREAS, the City is willing to lease said premises to said JOHN F. BOSCOSKY as Lessee for the term of~of one year, beginning on the 15th day of February, 1967 and ending on the 14th day of February, 1968, unless said lease arrangement be renewed by resolution of the City Council of the City of Chula Vista for a similar term, provided, however, that this lease may be terminated at any time by either party upon thirty days written notice, and WHEREAS, the rental for this facility shall be the duties as prescribed herein and the sum of ONE DOLLAR ($1.00) per year, payable upon the execution of this lease agreement at the office of the Finance Officer of the City of Chula Vista. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. QUIET POSSESSION. LESSEE shall and may at all times during the term of this lease peaceably and quietly have, hold and enjoy the said premises for the term aforesaid, provided further, that residents of said premises shall be restricted exclusively to members of LESSEE'S immediate family. 2. INSURANCE RISKS. LESSEE shall not use, or permit said premises, or any part thereof, to be used for any purpose or purposes other than residential use for himself and his family, for which 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. 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, cover- ing said building and appurtenances. 3. IMPROVEMENTS, REPAIRS, ALTERATIONS. LESSEE shall not 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 the 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 appur- tenances, and all alterations, additions and improvements to any -1- 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, and City further agrees to furnish necessary paint for the residence, including both interior and exterior paint, and all materials needed for landscaping. Interior decoration and alterations for the accommodation of Lessee shall be the responsibility of 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 pro- vided 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 to Section 3 hereinabove. 4. REMOVAL OF IMPROVEMENTS. CitX agrees that all fixtures and improvements installed by Lessee in accordance with the provisions 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 termination 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 expense 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 fur- nishing 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 Part 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. -2- have the right to enter said premises for the purpose of viewing and ascertaining the condition of 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 discloses that said premises are not in a safe, healthy and satisfactory condition, 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 and and all costs incurred by City in having such necessary maintenance work done in order to keep said premises in a safe, healthy and satisfac- tory condition. The rights reserved in this section shall not create any obligations on City or increase obligations elsewhere in the lease imposed on City. ~ M 7. ASSIGNMENT. Lessee shall not assign this lease, or any interest therein, and shall not sublet siad 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 the City herein expressly agrees to provide, Lessee shall order, ob- tain and pay for all telephone service and installation charges in connection therewith. City will provide water and electricity to the leased premises at no cost to Lessee. 9. CONTROL and administration of Director of Parks and and any communication thereto or any notice served upon the Direc AND ADMINISTRATION OF LEASE: NOTICES. Control this lease is under the jurisdiction of the Recreation as to the City's interest herein on the terms or conditions or any changes or notices provided for by this lease may be for of Parks and Recreation. 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 occurence, and $25,000 for property damage. 11. HOLD HARMLESS. City, its agents, officers and employees shall not be, nor be held liable, for any claims, liabilities, pen- alties, fines or for any damage to the goods, properties or effects of Lessee or any of Lessee's representatives, agents, employees, for personal injuries to, or deaths of them, or any of them, whether caused by or resulting from any acts ar omissions of Lessee in or about the leased premises, or any acts or omissions 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 un- tenantable 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 -3- which is tenantable and fit for the said uses and purposes. In the event that City does not so elect to make such re- pairs 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 Lessee'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 pre- mises or in which the leased premises may be situated, be destroyed to the extent of not less than 33-1/3% 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. DUTIES OF LESSEE. Lessee agrees to act as an independent contractor and not as an employee of the City of Chula Vista to per- form the following duties: (a) To patrol Rohr Park at least once each hour during his regular and normal work shift on nights that he is scheduled for night watering duties as an employee of the City, and when assigned to day time work, to patrol the park during the evening hours of such days on an hourly basis until 11:00 p.m. (b) To assume the basic responsibility of contacting the police if any unauthorized person is present in the park at other than designated hours, and under no circumstances, attempt to apprehend vandals or other unauthorized personnel, but immediately contact the police. (c) In case of fire, Lessee will immediately contact the Chula Vista Fire Department. In the event of other emergency, such as broken water lines or power failure, Lessee will immediately contact the Park Foreman. (d) To lock park gates at the prescribed times, and to follow such other security procedures as may be assigned by the Director of Parks and Recreation (e) Lessee agrees to maintain the premises in a neat and orderly condition, including the maintenance of landscaping and grounds adjacent to said residence. (f) Lessee agrees that he shall not permit dogs or other similar pets to be kept on the premises or in the park property, and shall not allow loud, boisterous or disorderly functions to be conducted by himself or his family on such premises IN WITNESS WHEREOF, this agreement is executed by the CZTX OF CHULA VISTA, acting by and through its Mayor, pursuant to Resolution No. 4317 and by JOHN F. BOSCOSKY the day and year first hereinabove written. Approved as to form by OF VISTA /~ Mayor ~., ohn F. Boscosky George D Lin berg, ity Atto -4-