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HomeMy WebLinkAboutReso 1986-12553 RESOLUTION NO. 12553 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA) FOR THE LEASE OF CERTAIN PROPERTY IN EUCALYPTUS PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA) for the lease of certain property in Eucalyptus Park dated the 24th day of JuQe , 1986, 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 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 Manuel A. Mollinedo, Director T~6mas J. Ha~on, of Parks and Recreation ~JZity Atto~ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24th cl~ of June 19 86 , by the following vote, to-wit: AYES: Councilmembers Cox, Malcolm, Moore, Campbell, McCandliss NAYES: Councilmembers None ABSTAIN: Counci 1 members None ABSENT: Counci 1 members None City of Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 12553 ,and that the same has not been amendedor repealed DATED City Clerk CrlY OF CHUIA VISTA CC-660 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF CHULA VISTA FOR THE LEASE OF CERTAIN PROPERTY IN EUCALYPTUS PARK THIS LEASE AGREEMENT is made and entered into this 24th day of June 1986, between the City of Chula Vista, a Municipal Corporation, as lessor, hereinafter called "City," and South Bay Branch of Young Men's Christian Association, a branch of the San Diego City and County Young Men's Christian Association, Inc., a California non-profit corporation, as lessee, hereinafter called "YMCA;" W ITNESSETH: City hereby leases to YMCA and YMCA hereby leases from City, certain property hereinafter described under the following terms and conditions: 1. Location. City leases to YMCA a certain parcel of real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: The southerly 150.00 feet of the easterly 200.00 feet of Lot 15 in Quarter Section 150 per Record Map No. 505. 2. Term. The term of this lease shall be for a period of five {5) years commencing on June 24, 1986, and terminating on June 24, 1991. 3. Rent. YMCA agrees to pay to City as rental for said premises the sum of $1.Olper year payable on July 1 of each year during the term hereof; and in addition hereto, YMCA agrees to do and perform the other covenants and agreements in this lease contained. 4. Purpose. YMCA shall use the premises solely for the following purposes to wit: maintaining and operating thereon a building and other facilities for use as a service and recreational center for young people residing in the South Bay area according to the standards of YMCA and for all reasonable and lawful purposes incidental thereto. YMCA agrees to use said ~remises solely for the purposes herein stated. 5. Insurance. YMCA agrees to maintain public liability insurance in a form to be approved by the City Attorney during the term of this lease covering City as an additional insured. Said insurance policy shall be in the amount of two million dollars ($2,000,000). The amount of coverage required by the City pursuant to this agreement may be amended by the City upon 120 days notice to YMCA. The City shall be furnished with a copy of said policy. Failure of YMCA to maintain said policy shall be grounds for termination of this lease. 6. Responsibility of YMCA. a. YMCA 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 YMCA. Failure to keep said premises free of liens shall constitute a major breach of the covenants of this agreement and grounds for termination by City, at City's sole option. b. YMCA hereby covenants and agrees that all utilities and services necessary for the use and occupation of said premises shall be provided and paid for by YMCA. c. YMCA shall not make any improvements or additions to the building and premises without prior written approval of the Director of Parks and Recreation. Said improvements and additions shall include, but not be limited to, changes to the exterior or interior, room additions, signs, and new plantings. d. YMCA shall be liable for and shall pay, at least ten days before delinquency, taxes levied against any personal property or fixtures placed by YMCA in or about the premises. Further, YMCA 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 YMCA 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 City. e. YMCA agrees to accept full responsibility for the maintenance and repair of said premises, including landscaping. YMCA shall, at YMCA's sole cost and expense, keep the premises and every part thereof in good condition and repair, comparable to other property held by the City in the general vicinity. YMCA shall, upon the expiration or sooner termination of the term hereof surrender the premises to City in the same condition as when received. City shall have no obligations to alter, remodel, repair, decorate, or paint the structures located upon the land which is the subject of this lease. 7. Compliance with Laws and Regulations. YMCA agrees to maintain and operate said premises in compliance with all laws, rules and regulations appl icabl e thereto. 8. Termination. a. In the event that YMCA 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 or further fails to remedy any such faults or defects within 30 days after written notice to do so from the City, then City may elect to terminate and cancel this lease. b. All of the conditions and covenants contained herein to be performed by YMCA shall be deemed to be conditions of YMCA's right to possession of the premises, and if after 30 days written notice to YMCA, any default in said conditions is not remedied or corrected or performed to City's satisfaction, City shall have the right to re-enter the premises, remove YMCA and retake possession thereof. c. In the event that YMCA abandons said premises, the City may elect to terminate this lease. Abandonment is herein defined to include, but is not limited to, any absence of YMCA from the premises for fifteen {15) days or longer while in default of any provision of this lease except where excused by law or circumstances beyond YMCA's control. 9. Representatives of Parties to Agreement. The following are designated as representatives of parties to this agreement: a. City designates the Director of Parks and Recreation as its representative in all matters under this contract (except execution thereof) and all notices given to the City shall be so addressed to the above designated representative at 276 Fourth Avenue, Chula Vista, CA 92010. b. YMCA designates Chris Chase as the representative under this contract and all notices sent to YMCA shall be addressed to the above designated representative at 50 Fourth Avenue, Chula Vista, CA 92010. 10. Assignment. Neither this agreement nor any duties or obligations hereunder shall be assignable by YMCA without prior written consent of the City. In the event of an assignment by YMCA to which the City has consented, the assignee or its legal representative shall agree in writing with the City to assume, perform, and be bound by the covenants, obligations, and agreement contained herein. ll. Successors and Assigns. Subject to the provision regarding assignment, this agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective parties. 12. Attorney's Fees. If any action at law or inequity is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled. 13. Modification of Agreement. This Agreement may be amended by reason of changes in the scope of the project as described herein and the amount of any adjustment shall be determined by negotiations to the mutual satisfaction of the City and YMCA. Said amendments must be in writing. 14. Indemnity. The City, its agents, officers and employees, shall not be held li~ for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or deaths of any of them, whether caused by or resulting from any acts or omission of YMCA or its agents, employees or representatives. YMCA further agrees to indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities and any cost and expenses incurred by the City on account of any claim therefor. In the event that a court of competent jurisdiction should determine that the City has no authority to provide by agreement for the performance of the hereinabove set forth services, YMCA nevertheless agrees to assume the foregoing obligations and liabilities by which it is intended by both parties that YMCA agrees to indemnify and to save the City harmless from all claims arising by reason of the work done by YMCA. 15. Subleases. YMCA shall not sublease any portion of the building or premises without prior written approval of the Director of Parks and Recreati on. IN WITNESS WHEREOF, the parties have executed this lease the day and year first above written. SOUTH BAY YOUNG MEN'S CHRISTIAN THE CITY OF CHULA VISTA ASSOCIATION Mayor~ of 'Chula ~ista Executive Director Approved as to form by: President Board WPC 0585R -4-