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HomeMy WebLinkAboutReso 1964-3367Resolution No. 3367 Lease Agreement County of San Diego _ ~ ~ ,• ' ~ .. i RESOLUTION-NO.'3367 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LEASE AGREEMENT WITH THE COUNTY'OF SAN DIEGO ~ ' ~. The City Council of the City of Chula Vista hereby resolves as follows:. 1. That certain lease agreement covering the property de- scribed as: That certain stucco building which is located on county property and is the most northwesterly of seven stucco build- . ings and appurtenances located on Lots 9 and 16, Quarter Section T37 of Rancho de •1a Nacion in the City of Chula Vista, .County `of San Diego, State of California, with -the. County of Sam Diego is hereby approved and tfie Mayor is authorized to execute same. ' 2. A true copy of said lease agreement is attached hereto and incorporated herein by this reference thereto as though here set forth in full. } ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 21st day of April , 1964 , 5y the following vote; to-wit: AYES: COUNCILMEN ,_ McAllister flparling McCorguodale, Anderson, McMains NAYES: COUNCILMEN ABSENT: COUNCILMEN None None Mayor of the/JL~ity of Cola Vista ATTEST `~ ~~'-=-~= -e ,~ ,..~~1~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN'DIEGO ) sa. CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY .CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DATED: City Clerk 1{ CQ'J NTY Q-F SAP3 S~IEG^ i'!u. 2837-=180- R L E A S E A G R E E M E N T e~,;; .. -, '¢ t'a cpnRZCtj ' This LEASE AGREEMENT, executed in triplicate, this 8th day of September ,'1964, by and between THE COUNTY OF SAN DIEGO, a political subdivision of the State of .California and mvF r-T*v n~ rurn.o trr~m~ whose address is 551 3rd Avenue, Chula Vista, California hereinafter called respectively the "County" and the "Lessee" without regard to number or gender, WITNESSETH: (A) That property hereinafter described is leased for the purpose,of: Public School Buildings and Grounds ~,._ _ ; and for no other purpose. (1) The failure of the Lessee to use the premises for the purpose for which they are demised shall be grounds for termina- Lion of the lease. (2) DESCRIPTION OF LEASED PREMISES. The County hereby leases to the Lessee and the Lessee hires from the County those certain premises' with the epourtenances situated in the County of San Diego, State of California, and more particularly described as follows: 2'ha.t certain stucco building which is located on County property and is the most northwesterly of seven stucco buildings and appurtenances lo- cated on hots a and 16, Quarter Section 137 of Rancho De La Naciori in the City of Chula Vista, County of San Diego, State of California. . ,~~; P,pprovCtl by tfit Board of SUp~rulsors cf - LKCClbh The County of San Diego ~~G,Z/I'vsi4/C/ ;'.i. '!erK cf xa> B.;erC of Sc?_ni,us -1- ~'- 33~ (D) GENERAL PROVISIONS. the parties as follows that: It is further mutually agreed by (1) QUIET POSSESSION. Lessee, paying.the said rent and performing the covenants and agreements aforesaid, shall and may at all times during the said term peaceably and quietly have, hold and enjoy the said premises for the term aforesaid. Zf County for any reason whatsoever cannot deliver possession of the said premises to Lessee at commencement of sa`_d to^m as hereinbefore .specified or, if Lessed is dispossessed through action of a title superior to County's, then and in either of such events, this lease shall not be void or voidable nor shall County be liable to Lessee for any loss or damage resulting therefrom; but there shall be determined and stated in writing by the Board of Supervisors of the County a proportionate deduction of the rent covering the period or periods during which Lessee is prevented from having the quiet possession of the demised premises. (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 pur- poses or necessarily inci.den~ thereto, no use shall be made or permitted to be made to the said premises, nos acts done; which will increase the existing rate of insurance upon the building or buildings, if any, belonging to the County which may be located on the leased oremi_ses 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, -2- dowering said buildings and appurtenances. (j) IMPROVEMENTS, REPAYR, ALTERATIONS. Lessee may, at his own expense, if consistent with the purpose of ,this lease in the opinion of the County Director of Public Works make any altera- tions or changes n e ease pram ses or cause to be made, built or installed thereupon, any improvements necessary or desirable for Lessee's use of said premises and may alter and repair any such improvements; provided, however, that such alterations and changes shall not be made and such improvements shall not be built or installed and major repairs thereto shall not be made, except in accordance with plans and specifications previously submitted to said Count Director of Public Works and approved, in writing, by him. Lessee agrees to t e goo care of the leased premises, fixtures and appurtenances, and of all alterations, additions and improvements to any of them and make all repairs in and about the same that may be necessary to pre- serve them in good order and condition (which repairs shall be equal to the original work in respect to quality), and promptly pay the expense of such repairs. County shall not be required to make any improvements, repairs or alterations not herein apecifie Dally required. Lessee hereby waives all right to make repairs at the .expense of County as provided in Section 1942 of the Civil. Code of the State of California. and all rights provided for by Section 1441 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 termi- nation of~this lease to surrender to County the premises with improvements in the same condition as when received or as they may have. been put into subject, however, to Section (4) herein- attar. (4) REMOVAL OF IMPROVEMENTS. County agrees that all fixtures 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 now existingg and be- Longing to County, shall be and remain the property of Lessee. Lessee shall have the right to remove said fixtures and improve- :rents prior to Lhe termination of this agreement at Lessee's own expense, provided that any damage to County'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, County may remove, or sell, or destroy the same at the expense of Lessee, and Lessee shall pay to County the reasonable cast of any such removal, sale or destruction together with the reasonable cost of repair of damages to County's property or improvements resulting from such removal, sale or destruction. At the option ' of the County, any property, real or personal,. not so removed by Lessee may be deemed abandoned. (5) MECHANIC`S LIENS. Lessee will save County free and harmless, indemnify it against all claims for labor and materials in connection with improvements, repair or alterations to the leased premises, aid the costs of defending against such claims, including reasonable attorney's fees. 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 lienholder attempts to perfect such lien by a lawsuit and the Lessee has failed to comply with the requirements of this paragraph the County may, at its option, forthwith terminate this lease. (6) ENTRY AND INSPECTION. County reserves, and shall always have the right to-enter said premises for the purpose of viewing. and ascertaining the condition of the same, or to protect its interests in the premises or to inspect the operations conducted ,.3- -`; a ', ' 5~, on said premises, in the event that such entry or inspection by County discloses that said premises are not ir. a safe, healthir and satisfactory condition, County 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 coats incurred by County Yn having such necessary maintenance work done in order to keep said premises in a safe and healthy condition. The "I rights reserved in this and the following section shall not create .any obligation on County or increase obligations. elsewhere in this 'lease imposed on County. (~) RESERVATION FOR COUNTY USE. County hereby reser•ves'.all rights, title and interest in any and all gas, oil mineraia .and water, upon or beneath said leased premises. ~,essee shall. .have the right to develop and use natural water on the leased. premises for purposes of this lease, but it is expressly agre®d that said water shall be used only on the, leased premiaea. Lessee , agrees that upon termination of this agreement, he will leave';any, .'.wells developed or used on the .leased premises during the term =of -this .lease in good order and condition and that the caning'; :'sha1Y be left in place and the welt capped. County shall hava~l `:`the 'right to enter said leased premises for the purpose of dr~ll- ing,, operating and maintaining such installations as are neces- ! ~'sary or desirable for the development of said gas, oil, mineral ahd water rights. County hereby reserves t he right, to' grant and use such easements or establish and use such rights of way over, 'under, along and across. said leased premises for utilities, thoroughfares,'or. access. as it may deem advisable for the public ~. d. goo - ''.. ~ - ._. _.. -_r..~ - - __ _,__.. _..-a. ......~..,.. fah is lnr~a.a~ !]2^ ariv .interest thereia, anal ehall nr+t sublet the sale premas$s yr n:,~ ~+v thereof, or any right ar Privilege egpurtenant thereto, or suffer 8z~„.;• other Persozi (the agents, officers a employees of County excepted) to occupy or use the said premises, except as consistent frith;the purpose of this agreement, withaut the-Prior writtezi consent of: tine ' goart3 of Supexwisors of the Gcsu:st~'. except as speoificaily Provided in' ueGtiosz (L) (1) of t?~is lease ae;reesasnt.. ~ consent to one cosign- sasnt; ~~ublattiztg,' oGGUpatian or use b;~ ziny other parses shrzil ;not be ; deemed to be a consent to any subseguez~t assiinment, .subletting, occupatiasi rar use by anothez^ pflruon. nny such a: sigric:~ezit or dub= lettizx~ wit$sout such consent s'rv311 be void and shell, at the Option ; cif Gocmty, t~a'~Snate this leCise, 24iis lease shall not, rzor than: an~!~;; iz3tez+esst therein, be a4signable„ as to-the a~nti~olsze~y~,sreceive~r- opez~tion of 2ac~ bg reason .of any tranks^uptGy thiA Pr:~Geedings or ztttaehmezat, exeGUtion or atdxcr Sud;i'cial process or aale Uy or against said Lestree, without the written: consent of t?:e Board'af Supervisor° of the Caiant3~, ~ C9) COMPLIANC~s WITH LAW, The Lessee shall, at its sole post ._ and expense, comply and secure compliance with all Lhe require- masts of all ..municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to tho said.. premises,. or the operations conducted thereon, and shall faith- •':'i fully observe, and secure observance with,'in the use of the •,~ premises, all municipal ordiances and state and federal statutHS .nowin force~or which may hereafter be in force,and shall pay,, before delinquency all taxes, assessments, and fees assessed oa' levied upon the Lessee or the leased premises by reason of any. buildings, structures, machines, appliances ror other improvements of any nature whatsoever, erected, installed. or maintained by '; lessee or by reason of the business or other activities of Lessee ;upon or in connection with t•he said demised premises. The ~udg-' . mast of any court of competent ,jurisdiction, or the admission of Lessee or any sub-lessee or pe rmittee'in any action~or proceeding against them or any of them, whether the county be a party, thereto' or not, that Fhe Lessee, sub-Lessee or permittee has violated:,any such ordinance or statute in the use of the gremises ahs11 be 'i i conclusive of that fact as between County and Lessee,: ~ . -4- (10) UTILITIES. Except for such installations or utilities as County herein expressly agrees to provide, Lessee shall order, obtain and pay for all utilities, and service and installation charges in connection therewith. f-::.~ (11) ASSIGNS. Time is of the essence of each and all of the terms and provisions of this lease and this lease shall inure to the benefit of and be binding upon the parties he re td and any successors of Lessee as fully and to the same extent as though specifically mentioned in each instance, and all covenants, stip- ulations and agreements in this lease shall extend to, and bind any assigns or sub-Lessees of Lessee. (12) WAIVER. The waiver by County of any breach of am term,.. covenant or condition herein contained shall not be deemed .to be a waiver of such terms, covenant or condition or any subsequent t~reach of the same or any other term, covenant or conditiont herein contained. The subsequent acceptance of rent here~:nder by County shall not be deemed to be a waiver of any preceCing breach by Lessee of any term, covenant or condition of this lease, other than the failure of ,Lessee to pay the particular rental so accepted, regardless of County~s knowledge of each preceding breach at the time of acceptance of such rent, nor shall any failure on the part of County to require or exact furl and complete compliance with any of the covenants, conditions or agreements of this lease be construed as in any manner changing the terms hereof or to estop County from enforcing the fill pro- visions hereof, nor shall the terms of this lease be changed or altered in any manner whatsoever other than by written agreement of the County and Lessee. (13) MERGER. -The voluntary or by Lessee, or a mutual cancellation merger; and shall, at the option of existing subleases or subtenancies, County, operate as an assignment to leases or subtenancies. other surrender of this lease thereof, shall not work a County, terminate alw or any or may, at the option of it of any or all such sub- (14) NOTICES. Any notice or notices provided for by this lease or by law to be given or served upon Lessee may be given or served by depositing in the United States mails, postage prepaid, a letter addressed to said Lessee at the address stated at the commencement hereof or may be personally served upon said Lessee (or any one of therm, or any person hereafter authorized by Lessee to receive such notice; and any notice or notices provided for by this lease to be served upon County may be given or served. by letter addressed to the Clerk of the Board of Supervisors, Room 30$, Civic Center, San Diego 1, California. Any notice or notices given or served as provided herein shall be effectual and binding for all purposes upon the principals of the parties so served. (15) REb1EDIES OF COUNTY. In the event (a} that Lessee shall default in the performance or fulfillment of any covenant or condition herein contained on his part to be performed or ful- '~ filled and shall fail to cure such default within thirty (30) days following the service on-him of a written notice from County specifying the default or defaults complained of and the date on which his rights hereunder~Hrill be terminated as hereinafter'-pr o- vided if such default or defaults is or are not cured, or (b} that Lessee shall file a voluntary petition in bankruptcy, or (c) that Lessee shall be adjudicated a bankrupt, or (d) that Lessee shall make a general assignment for the benefit of creditors then in either or any of said events, County may at its option, without further, notice or demand upon Lessee or upon any person or persons claiming by, through or under Lessee, immediately cancel and terminate this lease and terminate each, every and all of. the rights of Lessee and of any and all persons claiming by, through or under Lessee in or to-the leased premises and in or to the further possession thereof and may thereupon enter into and upon d~, tha laasad prort;ises and repossas3 tha s;vne~and expel Lessau and any and all persons claiming by, through or under Lessee. The rights and remedies of County as hereinabove set forth, are coma- lative only and shall in no wise be deemed to limit any of the other provisions of Lnis lease or otherwise Co deny to County any-right or remedy at' law or in equity which County .may have or assert against Lessee under any law in effect at the date hereof or which.may hereafter be enacted or become effective, it being 'the intent hereof that the rights and remedies of County, as . hereinabove set forth, shall supplement or be in addition to or in aid of the other provisions of this lease and of any right or remedy at law or io equity which County may have against said Lessee. _ .---- _-_ (16) HOLDING OVER. There shall be no holding .over after` the expiration of the term of this agreement for any cause d whatsoever. (1?) INSURANCE, Lessee agrees to take out and maintain ,pu.blic liability insurance with an insurance carrier"satisfactory . to County to protect against loss from-liability imposed by law • for damages on account of bodily injury, including death result- ing therefrom, suffered or alleged to be suffered by any person ` or persons"whatsoever resulting directly or indirectly, from any ant or activities of Lessee or any person acting. far Lessee. or under Lessee's control or direction, and also to protect against loss f1•om liability imposed by law for damages to any property of sny person caused directly or indirectly by or from acts or, activities of Lessee or any person acting for Lessee or under:` - Lessee's control or direction. Such public liability and pro- ' petty damage insurance shall be maintained in full force and !i • effect during the entire term of this lease in the amountsf ofll' not less than x'100 000.00 6,00.00 one person injured in one accident and not le SS than ' for more than one person injured . in one accident, and in the amount of not Iess thaw - -- $50,000.00 _ with respect to any property damage ~`oresaid. Proof o such insurance shall be filed with County: and shall be in a form satisfactory in form to the County Counsel. The insurance policies shall name the County: as an additional insured. Said policies shall have a non-cancellation-without- ` Len (10) day-notice-to-County clause and shall provide that copies . of all cancellation notices shall be sent to County. A copyy of • t}, olicies shall be filed with the City Clerk of the Cit Czfiupla Vista f essee does not keep such insurance in ul force an of eet, County may take out the necessary insurance and pay the premium, and the repayment thereof shall be deemed to be a part of the''. - renial'and paid as such on the next day upon which rent becomes due. Provisions of this paragraph as to maintenance of insurance - shall not be construed as limiting in any way the extant to which Lessee: may be held responsible for the payment of damages ~to~persons orproparty resulting from its activities or the .activities of an}• person or persons for which iL is otherwise, responsible. ` (1~) HOLD HxRMLESS. County, its agents, officers and employees, shall not be, nor be held liable, for any @laims, -:liabilities,'penalties, fines'or for any damage to the goods., properties or effects of Lessee or. any of the Lessee's repre- _6_ sentatives, agents, employees, guests, licensees, Invitees, patrons or clientele or of 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 Sn 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 County and its authorized agents, officers, and ,, employees against any of the foregoing liabilities and any costs ,~ and expenses incurred by County on account of any claim or claims .therefor. (19) DAMAGE OR DESTRUCTION OF IMPROVEMENTS. The damage or destruction of improvements on the premises shall not terminate this lease. (20) WASTE: CARE OF PREMISES. 'A Lessee shall give prompt notice to the County 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 on the leased premises and 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 the County. - (E) SPECIAL PROVISIONS. It is further mutually agreed by the parties as follows: that (1) Lessee sY±all be permitted for the .duration of this lease to . sublet all or any.pgrticn of the property to the Sweetwater Union High School District for school purposes. (2) The term of this lease shall be for one {1) year com- mencing ~,,.,~ ~ ~ 1~u and terminating ,r„~ ~~~ 19;x. (3) The annual rent shall be ONE DOLLAR (y~1.00) payable by - the lessee to the County in advance. (4) This lease shall rot be renewable. (5) This agreement is not intended to, nor does it, super- sede, cancel, terminate or athervrlse affect the terms and con- ditions of that cexH:ain agreement between the City of Chula Vista and the County of San Diego relative to the. demolition of Chula Vista "F" Street Sehool, executed on -~~_~~,,~~~~, 163, which agree- ment is on file in the office bf the Clerk of the Board of Super- visors of the County of San Diego as G~ontract No. ~~ 0 ~' IN WiTb1ESS LIi~REOP,-this agreement is executed by the County of San Diego under and pursuant to a resolutioh of the Board of Suner- visors and by the City of .Chula Vista under and pursuant to P;esolution No« ~ 367 of the Chula Vista City Council; Approved as to COLtNTY OF SAN DIEGO .tom and leaal3:ty ~~~~E~~ / ~~~~ ~ C airman, Board of Supervisors es 5. Au e~ J /pity Attorney of the CITY OF C"r?ULA VISTA City of Chula Vista // g , Attest: / / ec Spar '. g, Mayos ~:. Ker2neth Campbell City Clerk -7- .