HomeMy WebLinkAboutReso 1990-15453RESOLUTION NO. 15453
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING LEASE AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE AMERICAN LEGION POST NO. 434, INC.,
FOR THE FACILITY LOCATED AT EUCALYPTUS PARK, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, by Resolution No. 7803 on July l, 1975, the City Council
approved lease of the American Legion Facility, and
WHEREAS, said lease expired on June 30, 1985 and was extended through
June 30, 1986 and converted to a month-to-month tenancy effective July l, 1986
by Resolution No. 12544, and
WHEREAS, it is the desi re of the City Council to terminate all prior
agreements between the parties and enter into a new lease for a two year
period.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the attached lease agreement.
BE IT 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 the City of Chula Vista.
Presented by:
Approved as to form by:
~ugene' ~smus ~
Assistant City Manager
U. Richard Rudolt '~
Assistant City Attorney
Resolution No. 15453
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 27th day of February, 1990 by the following vote:
AYES: Councilmembers: Malcolm, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: McCandliss
ABSTAIN: Councilmembers: None
Cox, Mayo~:~
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
SS.
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15453 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 27th day of
February, 1990.
Executed this 27th day of February, 1990.
Resolution No. 15453
Page 3
AMERICAN LEGION LEASE
THIS LEASE iS made the 1st day of January, 1990, by and
Jetween the CITY OF CHULA VISTA, a municipal corporation,
hereinafter "CITY", Or "LANDLORD", and the CHULA VISTA AMERICAN
LEGION, POST NO. 434, INC., a California Corporation, hereinafter
"LEGION", or 'TENANT":
WITNESSETH:
Landlord hereby leases to Tenant, and Tenant hereby
leases from Landlord, that certain properky and premises as
outlined and provided for in Exhibit "A", attached hereto and
incorporated by reference. Included in the lease agreement is a
non-exclusive easement for the use of the adjacent parking lot,
as described on Exhibit "A".
The parties hereto agree that said letting and hiring is
upon and subject to the terms, covenants and conditions herein
set forth, and tenant covenants as a material part of the
consideration for this lease, to keep and perform each and all of
said terms, covenant and conditions by it to be kept and
performed and that this lease is made upon condition of such
performance.
1. TERM:
The term of this lease shall be for two years commencing
n the 1st day of January, 1990, and ending on the 31st day of
December, 1991, unless extended or sooner terminated as
hereinafter provided. This lease supersedes any and all prior
leases for said premises between these parties.
2. RENT:
Tenant hereby agrees to pay Landlord, as annual basic
rent for the premises, the sum of ONE DOLLAR (~1.00), payable
upon execution of this agreement and within thirty (30) days of
the anniversary of this agreement.
3. USE:
A. Tenant may utilize said premises for any use
authorized by the Charter of the National or Local American
Legion Post, including, but not limited to, meetings of Legion
and its members or affiliated groups, social functions sponsored
by Legion or its affiliated groups, social functions as may be
contempla.ted from time to time of non-affiliated groups under a
license agreement with Legion; provided however, that the fee or
charge levied upon any such non-affiliated groups be no greater
than necessary to defray the cost of maintenance or repair of
said facility, and that such use will not be of such a nature as
to interfere with the primary use of the facility by the Legion
r its affiliated groups.
-1-
Resolution No. 15453
Page 4
B. Tenant further covenants that Tenant shall not do or
permit anything to be done, in or about the premises, which shal9
be in any way immoral, unlawful, or in violation of any state o~
local requirements. Tenant shall not commit, or suffer to be
committed, any waste in or upon the premises.
C. Tenant hereby agrees and covenants to comply with
all rules and regulations of any nature whatsoever regarding the
~ale and/or use of alcoholic beverages upon the premises,
including maintenance of liquor liability insurance coverage as
provided in paragraph 9 Insurance.
4. NOTICE:
Any notice required or permitted to be given hereunder
must be in writing, and may be given by personal delivery or by
mail, and if given by mail, shall be deemed sufficiently given if
sent by registered or certified mail, addressed to Chula Vista
American Legion Post 434 at P.O. Box 876, Chula Vista, California
92012. Either party may, by written notice to the other, specify
a different address for notice purposes. Notice to the City, if
by mail, shall be addressed to the City Manager, 276 Fourth
Avenue, Chula Vista, California 92010.
5. NONDISCRIMINATION COVENANT:
Tenant hereby covenants that it will not engage in or
permit any discrimination based upon race, color, creed, national
origin, sex, or age, of any person or group who requests to use
said facility from time to time; provided, however, that Tenant
shall not be obligated to permit usage of the demised premises
except as may be convenient and not interfere with the primary
usage of the facility by Tenant.
6. TAXES:
Tenant shall be liable for and shall pay, ten days
before delinquency, taxes levied against any personal property or
trade fixtures placed by Tenant in Or about the premises.
Further, Tenant shall be obligated to pay any and all other
taxes, including but not limited to possessory interest tax,
which may be from time to time assessed upon the facility. The
failure of Tenant to pay such levied tax, resulting in the
establishment of a tax lien by any taxing agency, shall
constitute a major breach of this lease and constitute grounds
for recovery of possession by Landlord.
-2-
7. REPAIRS:
Resolution No. 15453
Page 5
A. By entry hereunder, Tenant accepts the premises as
~eing in good sanitary order, condition, and repair. Tenant
shall, at Tenant's sole cost and expense, keep the premises and
every part thereof in good condition and repair. Damage thereto
-from causes beyond the reasonable control of Tenant and ordinary
wear and tear are excepted. Tenant shall, upon the expiration or
sooner termination of the term hereof, surrender the premises to
Landlord in the same condition as when received, ordinary wear
and tear and damage from causes beyond the reasonable control of
the Tenant excepted. Landlord shall have no bbligation to alter,
remodel, improver repair, decorate, or paint the premises, or any
part thereof, and the parties hereto affirm that Landlord has
made no representations to Tenant, respecting the condition of
the premises or building, except as specifically herein set forth.
B. Tenant further waives the right to make repairs at
Landlord's expense, under Section 1942 of the California Civil
Code, or any other law, statute or ordinance nowt or hereafter,
in effect.
8. DAMAGE OR DESTRUCTION:
In the event the building of which the premises are a
part, is damaged by fire or other perils covered by extended
coverage insurance, the Landlord shall:
A. In the event of the total destruction of the
premises, at the Landlord's option, this lease shall terminate.
In the event of less than fifty percent (50%) destruction of the
structure, any proceeds which the Landlord may receive from its
insurer will be applied toward the reconstruction of the
building; such reconstruction to be prosecuted diligently by
City, in which event this lease shall remain in full force and
effect for the remainder of the term, if any. In the event that
more than fifty percent (50%) of the building, which constitutes
a portion of these premises, is destroyed by fire or other peril,
regardless of any insurance proceeds to which City may be
entitled, City shall have no obligation to rebuild the structure
with such insurance proceeds. The lease shall, upon such event,
be terminated. In either event, Landlord shall give Tenant
written notice of its intention within a ninety (90) day period
from the date of the occurrence resulting in the destruction of
the premises, or any part.
B. In the event of damages due to any cause other than
fire or other peril covered by extended coverage insurance,
Landlord may elect to terminate this lease.
-3-
Resolution No. 15453
Page 6
C. It is hereby understood that if Landlord is
obligated to, or elects to repair or restore as provided herein,
Landlord shall be obligated to make repairs or restoration
of those portions of said building at said premises which were
originally provided by Landlord. Landlord shall not be obligated
to provide repair and/or restoration of any item of Tenant's
property located in said premises or affixed thereto.
D. Tenant acknowledges that the premises do not meet
current standards relating to earthquake peril, and that the
property is not insured from that hazard.
9. INSURANCE:
Tenant shall, throughout the duration of this lease,
maintain comprehensive general liability, liquor liability and
property damage insurance covering all operations hereunder of
Tenant, its agents and employees including but not limited to
premises and automobile, with minimum coverage of one million
dollars (~1,000,000) combined single limits. Evidence of such
coverage, in the form of a Certificate of Insurance and Policy
Endorsement which names the City as Additional Insured, shall be
submitted to the City Clerk at 276 Fourth Avenue, prior to
occupancy, and annually thereafter. Said policy or policies
shall provide thirty (30) day written notice to the City Clerk of
the City of Chula Vista of cancellation or material change.
10. ASSIGNMENT AND SUBLETTING:
Tenant shall not, either voluntarily or by operation of
law, sell, hypothecate or transfer this lease or sublet the
premises or any part thereof, or permit the premises or any part
thereof to be occupied by anyone other than Tenant or Tenant's
employees, without the prior written consent of the Landlord, or
his designated representative in each instance. Any sale,
assignment, mortgage~ transfer, or subletting of this lease,
which is not in compliance with th~ provisions of this article,
shall be void and shall, at the option of the Landlord, terminate
this lease. The consent by Landlord to an assignment or
subletting shall not be construed as relieving Tenant from
obtaining the express written consent of Landlord to any further
assignment or subletting, or as releasing Tenant from any
liability or obligation whereunder, whether or not then accrued.
11. LIENS:
Tenant shall keep the premises, building and the
property upon which the building is situated, free from any liens
arising out of the work performed, materials furnished, or
obligations incurred by Tenant. Failure to keep said premises
free of liens shall constitute a major breach of the covenants of
this agreement and grounds for termination by Landlord, at
Landlord's sole option.
-4-
Resolution No. 15453
Page 7
12. UTILITIES AND SERVICES:
Tenant hereby covenants and agrees that all utilities
.~d services necessary for the use and occupation of the demised
premises shall be provided and paid for by Tenant.
13. CONDITION OF PREMISES:
Tenant acknowledges that neither Landlord, nor any agent
o'f Landlord, has made any representation or warranty with respect
to the premises or the building, or with respect to the
suitability of either for the conduct of Tenant's use of said
premises. The taking and possession of the premises by Tenant
shall conclusively establish that the premises and said building
were at such time in satisfactory condition.
14. ALTERATIONS:
A. Tenant shall make no alterations or improvements, as
described hereinbelow, without the consent of Landlord or
Landlord's agent. For the purposes Of this lease, the City
Manager or his authorized representative shall be delegated the
authority to approve any alterations or improvements proposed by
Tenant. All alterations, including but not limited to,
structural alterations of the building, internal partitioning,
major carpentry work, shall require the consent of Landlord or
his agent as provided above. In any event, all such authorized
-ork performed by Tenant shall be in compliance with all laws,
.les, orders, ordinances, directions, regulations and
requirements of all governmental agencies, offices, departments,
bureaus and boards having jurisdiction. All alterations,
decorations, additions, or improvements upon the premises, made
by either party; including, without limiting the generality of
the foregoing, all wall covering, built-in cabinet work, paneling
and the like, shall, unless the Landlord elects Otherwise, become
the property of Landlord and shall remain upon, and be
surrendered with the premise as a part thereof at the end of the
term hereof; except that Landlord may, by written notice to
Tenant, given at least thirty (30) days prior to the end of the
term, permit Tenant to remove all partitions, counters, railings,
and the like, installed by Tenant.
B. All articles of personal property and all business
and trade fixtures, machinery and equipment, furniture and
moveable partitions owned by Tenant, Or installed by Tenant at
its expense in the premises, shall be and remain the property of
Tenant and may be removed by Tenant at any time during the lease
term Tenant is not in default hereunder. Tenant hereby agrees,
notwithstanding the above provisions, to compensate for damage
occasioned in the removing of any articles of personal property
and/or all business and trade fixtures, machinery and equipment.
All articles left following the termination of this agreement
~hall become the sole property of Landlord.
-5-
Reso°lution No. 15453
Page 8
15. BANKRUPTCY:
If Tenant shall file a petition in voluntary bankruptcy
or under Chapter X or Chapter XI of the Bankruptcy Act as then in
effect, or if the Tenant shall be adjudicated a bankrupt in
involuntary bankruptcy proceedings and such adjudication shall
not have been vacated within thirty (30) days from the date
thereof, or if a receiver or trustee by appointed of Tenant's
property and the order appointing such receiver or trustee be not
set aside or vacated within thirty (30) days after the entry
thereof, or if the Tenant shall assign Tenantis estate or effects
for the benefit of creditors, or if this lease shall otherwise by
operation of law devolve or pass to any person or persons other
than Tenant, then and in any such event Landlord may, if Landlord
so elects, without without notice of such election and with or
without entry or action by Landlord, forthwith terminate this
lease.
16. INDEMNIFICATION:
Tenant shall indemnify and hold harmless Landlord
against and from any and all claims arising from Tenant's use of
the premises or the conduct of its activities, work, or thing
done, permitted or suffered by the Tenant in or about the
premises, and shall further indemnify and hold harmless Landlord
against and from any and all claims arising from any breach or
default in the performance of any obligation on Tenant's part to
be performed under the terms of this lease, or arising from any
act, neglect, fault or omission of the Tenantt or of its agents
or employees, and from and against all costs, attorneys' fees,
expenses and liabilities incurred in or about such claim or any
action or proceeding brought thereon and in case any action or
proceeding be brought against Landlord by reason of such claim,
Tenant upon notice from Landlord shall defend the same at
Tenant's expense. Tenant, as a material part of the
consideration to Landlord, hereby assumes all risk of damage to
property or injury to persons in, upon or about the premises from
any cause whatsoever, except that which is caused by the failure
of Landlord to observe any of the terms and conditions of this
lease and such failure has persisted for an unreasonable period
of time after written notice of such failure, and Tenant hereby
waives all claims in respect thereof against Landlord.
17. DEFAULTS AND REMEDIES:
Ao The occurrence of any one or more of the following
events shall constitute a default hereunder by Tenant:
1. The abandonment of the premises by Tenant.
Abandonment is herein defined to include, but in
not limited to any absence by Tenant from the
premises for five (5) days or longer while in
default of any provision of this lease.
-6-
Resolution N0. 15453
Page 9
2. The failure by Tenant to observe or perform any
of the express or implied covenants or provisions
of this lease to be observed or performed by
Tenant, which such failure shall continue for a
period of ten (10) days after written notice .,
thereof from Landlord to Tenant; provided however,
that any such notice shall be in lieu of, and not
in addition to any notice required under California
Code of Civil Procedure Sec. 1161; provided,
further, that if the nature of Tenant's default is
such that more than ten (10) days are reasonably
required for its cure, then Tenant shall not be
deemed to be in default if Tenant shall commence
such cure within said ten day period and thereafter
diligently prosecute such cure to completion.
3. The making by Tenant of any general assignment
for the benefit of creditors.
B. In the event of any such default by Tenant, in
addition to any other remedies available to Landlord at law or in
equity, Landlord shall have the immediate option to terminate the
lease and all rights of Tenant hereunder.
18. WAIVER:
The waiver by Landlord of any breach of any term,
~ovenant or condition herein contained shall not be deemed to be
waiver of any subsequent breach of the same or any other term,
covenant or condition herein contained, nor shall any custom or
practice which may grow up between the parties in the
administration of the terms hereof be deemed a waiver of, or in
any way affect, the right of Landlord to insist upon the
performance by Tenant in strict accordance with said terms.
19. ENTRY:
Landlord reserves and sha'll at any and all times have
the right to enter the premises to inspect the same, for the
purpose of determining compliance with all provisions of this
agreement, including, but not limited to, compliance with
Building Code and fire safety and the preservation of the
premises against waste. The inspection of said premises other
than its normal hours of occupancy shall be made only following
request at least twenty-four (24) hours in advance to Tenant, or
Tenant's authorized representative.
-7-
Resolution No. 15453
Page 10
20. PRIOR AGREEMENTS:
This lease contains all of the agreements of the parties'
hereto with respect to any matter covered or mentioned in this
lease, and no prior agreement or understanding pertaining to any
such matter shall be effective for any purpose. No provision of
this lease may be amended or added to except by an agreement in
writing signed by the parties hereto or their respective
successors in interest.
21. SEPARABILITY:
Any provision of this lease which shall prove to be
invalid, void or illegal in no way affects, impairs or
invalidates any other provision hereof, and such other provisions
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this lease
the day and year first above written.
THE CITY OF CHULA VISTA
CHULA VISTA AMERICAN LEGION
POST #434, INC.
Gregory R. Cox, Mayor
ATTEST
City Clerk
Approved as to form by
t t
6538a
Resolution No. 15453
Page 11
THAT THE PREMISES HEREINABOVE DESCRIBED SHALL
CONSIST OF THE FOLLOWING FOR A TERM OF TWO (2) YEARS:
A portion of Lots 15 and 16 of Quarter Section 150 of
the City of Chula Vista according to May thereof No. 505, filed
in the office of the County Recorder of San Diego County, dated
March 13, 1888.
Beginning at the Northwest corner of said Lot 16; thence
South 18°15' East along the Westerly line of said Lot
16,123.70 feet to the TRUE POINT OF BEGINNING;
Thence North 81°16'00" East, 130.80 feet;
Thence South 81°58'30" East, 49.46 feet;
Thence South 38°35'25" East, 19.15 feet;
Thence South 79°18'20" East, 43.41 feet;
Thence South 67°34'15" East, 29.70 feet;
Thence South 60°21'10" East, 100.08 feet;
Thence South 18°56'05" East, 71.34 feet;
Thence South 71°45'00" West, 308.47 feet to a point on
the Westerly line of Lot 15 which lies South 18°15'00"
East, 247.52 feet along the Westerly line of Lots 15 and
16 from the true point of beginning;
Thence North 18°15'00" West 247.52 feet to the TRUE
POINT OF BEGINNING.
Containing 1.35 acres, more or less.
Reserving an easement for ingress, egress and general
road purposes over, along and across the Westerly twenty
(20) feet of the above described parcel.
LANDLORD HEREBY RESERVES ON BEHALF OF LANDLORD AND MEMBERS OF THE
PUBLIC GENERALLY AND ANY SUCCESSOR OR ASSIGN OF LANDLORD, A
NON-EXCLUSIVE EASEMENT FOR THE USE OF THE PARKING AREA, MORE
PARTICULARLY DESCRIBED BELOW:
AMERICAN LEGION PARKING LOT LEASE
A portion of Lots 15 and 16 of Quarter Section 150 of
the City of Chula Vista according to Map thereof No. 505, filed
in the office of the County Recorder of San Diego County, dated
March 13, 1888.
Beginning at the Northwest corner of said Lot 16; thence
South 18°15' East along the Westerly line of said Lot
16, 220.30 feet to the TRUE POINT OF BEGINNING; thence
South 18°15'00" East 31 feet to the beginning of a
tangent curve, concave Southerly, having a radius of 14
feet; thence Southeasterly along the arc of said curve,
through a central angle of 90°, a distance of 21.99 feet;
Resolution No. 15453
Page 12
Thence South 18°15'00" East, 105.92 feet;
Thence North 71°45'00" East, 259.47 feet; _
Thence North 18°15'00" West, 65.00 feet to the beginnin
of a tangent curve, concave Southerly, having a radiu~
of 45 feet; thence Northwesterly, along the arc of said
curve, through a central angle of 90~, a distance of
70.69 feet;
Thence North 18°15'00" West, 20 feet;
Thence South 71°45'00" West, 90 feet;
Thence South 18°15'00" East, 20 feet;
Thence South 71~45'00" West, 74.80 fret to the beginning
of a tangent curve, concave Northerly, having a radius
of 35 feet; thence Northwesterly, along the arc of said
curve, through a central angle of 65°27'13" a distance
of 39.98 feet to the beginning of a reverse tangent
curve, concave Southerly, having a radius of 35 feet,
thence Northwesterly, along the arc of said curve,
through a central angle of 65°27'13" a distance of 39.98
feet to the TRUE POINT OF BEGINNING.
6546a