HomeMy WebLinkAboutReso 1986-12757 RESOLUTION NO. 12757
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND VISITOR INFORMATION AGENCY FOR OPERATION OF THE
CHULA VISTA VISITOR INFORMATION CENTER
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 VISITOR INFORMA-
TION AGENCY, for operation of the Chula Vista Visitor Information
Center at the Bayfront Trolley Station
dated the 7th day of October , 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
· Thomson, Deputy Thomas J. Harron, City ~/ --
C~ity Manager Attorney
0374a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 7th day of. October
19 86 , by the following vote, to-wit:
AYES: Councilmembers McCandliss, Cox, Moore, Campbell
NAYES: Councilmembers None
ABSTAIN: Counci lmembers None
ABSENT: Councilmembers Malcolm
City Clerl~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, 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
RESOLUTION NO. 12757
,and that the same has not been amended or repealed
DATED
~ City Clerk
CilY OF
CHUIA VISI'A
CC-660
9/26/86
CONTRACT AND LEASE FOR OPERATION OF CHULA
VISTA VISITOR INFORMATION CENTER
THIS CONTRACT AND LEASE, is entered into this 7th day
of October, 1986, between the CITY OF CHULA VISTA (hereinafter
"Lessor") and VRN I, a California limited partnership dba Visitor
Information Agency, (hereinafter "Lessee" ), pursuant to the
following terms and conditions:
RECITALS
WHEREAS, the City of Chula Vista solicited proposals for
qualified individuals or organizations to operate the City's new
Visitor Information Center which has been constructed through a
cooperative effort of the City of Chula Vista and the County of
San Diego, and
WHEREAS, the proposals submitted by interested
organizations, did not completely meet the needs of the City for
the operation of the Visitor Information Center, and
WHEREAS, Visitor Information Agency, as one of the
original proposers, agreed to negotiate with the City a contract
mutually beneficial to the parties based upon the following
provisions:
1. Lessor hereby leases the Visitor Information Center
located at the Bayfront/E Street Trolley Station to Lessee. The
Visitor Information Center (hereinafter "premises" ), 750 "E"
Street, Chula Vista, as delineated on the attached Exhibit A, may
only be used for the purposes established by this contract. The
parties intend that the Lessee shall provide visitor information
services, as more particularly described in this contract, for
the benefit of the City of Chula Vista, the South Bay Region and
visitors to the area. In addition, Lessee shall pay monthly rent
throughout the term of this contract to the Lessor.
2. Term. The term of this contract shall be for three
(3) years. The Lessor has the option to extend the term of this
contract in two year increments for a maximum of four additional
years. All of the terms of this contract shall remain in full
force and effect for any such extension of the lease. Less0r's
right to extend this contract pursuant to the provisions of this
section, shall be contingent upon sixty (60) days written notice
to Lessee, of Lessor's intent.
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3. Rent.
A. Lessee shall pay on or before the tenth of each
month the following monthly rentals:
~1,000 per month for the first six months of operation;
~1,500 per month for months 7 thr?ugh 9 of operation;
~2,000 per month for months 10 through 12 of operation;
~2,500 per month for the second year;
$3,000 per month for the third year; and
Monthly rent as established in Paragraph B for
subsequent years.
B. The monthly rent established in Paragraph A shall
be adjusted annually, after the first year, in an amount that
equals the percentage increase of the All Urban Consumers Price
Index for the San Diego Region (CPI) for the previous twelve
months. This adjustment shall only be effective if the CPI
increases (rent shall not be decreased below the rent established
in the previous year). The monthly rent from the previous year
shall be used as the base rent, for purposes of adjustment, for
years four through seven.
4. A. Lessee shall be responsible for all interior
improvements of the premises. Said improvements shall include,
but not be limited to, fixtures, both permanent and temporary,
painting, wall coverings, and personal property. All
improvements shall be at Lessee's own expense. All improvements
shall require the prior written approval of the City. Lessee
shall be responsible for the removal of all fixtures from the
premises upon termination of this contract and shall be
responsible for restoring the premises to its original condition,
with the exception of normal wear on the premises. Permanent
improvements and fixtures which cannot be removed without damage
to the premises, shall become the property of the Lessor.
B. Lessee shall deposit $5,000 cash or ~10,000 bond
with the Lessor as security to assure that the premises is
returned to its original condition upon termination of the
contract.
5. Lessee shall maintain a balance sheet for the
premises. Within 90 days of the end of Lessee's accounting year,
Lessee shall submit a copy of the balance sheet to the City. At
Lessor's request, lessee shall also provide records showing the
amount and percentage of advertising within the premises
promoting Chula Vista businesses, and records showing the amount
and percentage of referrals by the center to restaurants and
hotels/motels located within Chula Vista.
6. The parties agree that time is of the essence in the
performance of this contract. Said time limits include the
payment of rent within ten (10) days of the first of the month.
In the event Lessee fails to pay the rent.within) ten days, a five
percent (5%) late charge will be added to the delinquent amount
for every thirty days or portion thereof that the payment is
delinquent.
7. A. Lessee shall operate the premises at least from
7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 6:00
p.m. on weekends and holidays. The premises may be closed on
Thanksgiving, Christmas and New Years Day. The parties agree
that these operating hours may be adjusted upon written consent
of the City. During the Center's hours of operation, the rest
rooms shall be available for public use.
B. Lessee shall staff the visitor's Information
Center with qualified competent personnel who are properly
dressed and courteous at all times. Lessee shall provide
adequate training to insure that personnel are able to respond to
inquiries about the City of Chula Vista and other areas of
interest from members of the public. The Lessor, as a public
entity, is concerned about the image portrayed by the Lessee and
its personnel. Lessor shall have the right to inform, in
writing, Lessee of actions by Lessee or Lessee's personnel, which
do not comport with the intent of this contract. Lessee shall
take all necessary steps to insure that its actions meet this
provision of the contract. Lessor may consider Lessee in breach
of this contract if Lessee fails to correct the problem.
C. Lessee shall be responsible for keeping in good
order, condition and repair the interior of the premises, the
vending machine area, and the rest rooms, including but not
limited to, interior services, walls, floors, utilities systems,
plumbing, windows and necessary maintenance thereto. Lessee
shall be responsible for all costs and supplies necessary for the
proper maintenance of the premises. Lessor shall be responsible
for repairing and maintaining the exterior of the premises,
including but not limited to, the roof, exterior walls, and
landscaping. Lessee shall provide and maintain for the use of
the public, the rest rooms, which are a portion of the premises.
8. Lessee shall maintain insurance from responsible and
solvent corporations authorized to issue such policies in
California with a financial rating of at least a B+ XIII status
as rated in the most recent edition of "Best's Insurance
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Reports". Said insurance shall include worker's compensation
coverage required by state law and a minimum $1,000,000
employer's liability coverage. In addition, Lessee shall
maintain comprehensive general liability coverage limited to the
interior of the building in the amounts of $500,000 for each
single injury or death, ~1,000,000 for multiple injuries or
deaths, $50,000 property damage or a $1,000,000 combined single
limit policy. Lessee shall also maintain an all risk property
insurance covering the value of propert~ inside the building.
Each policy which Lessee maintains shall name the Lessor, the
County of San Diego and the Metropolitan Transit Development
Board (MTDB) as additional insureds.
9. Lessee agrees to indemnify and hold Lessor, the
County of San Diego and MTDB, harmless from any and all suits,
claims for damages, complaints, or injuries which result from
Lessee's operation of the premises pursuant to this contract.
10. Lessee may not assign, subcontract, sublet or
encumber the premises without the prior written consent of the
Lessor.
11. A. Lessor may terminate this agreement at any time
and for any reason by giving Lessee written notice of such
termination and specifying the effective date thereof, at least
one year before such termination.
B. Lessor may terminate this agreement for cause
by giving Lessee written notice of such termination and
specifying the effective date thereof, at least thirty (30) days
before such termination if one or more of the following
conditions exists and continues to exist at the end of the
thirty-day notice period:
(1) Lessee's performance does not present a
positive image of the City of Chula Vista;
(2) Lessee's performance serves to impede or
divert the flow of visitors, tourists and the
general public to Chula Vista businesses;
(3) Lessee fails to satisfactorily perform any
requirement of this contract.
12. Lessee is prohibited from erectin~ or creating any
signs on the premises which are visible from the outside or in
any area within the jurisdiction of Lessor without prior written
approval of the Lessor.
13. A. Lessee's commercial activities in the premises
shall be limited to reservations, ticket sales, the sale of maps,
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administration of vending machines, the sale
of books and visitor's tour guides, the
dispensing of transit information and the sale
of transit passes. Any other activity not
enumerated herein shall require prior written
approval by the Lessor.
B. Commercial activities, promotion and/or
referrals to the advertisers contracting with Lessee shall not
interfere with Lessee's ability to provide free, reliable,
complete and true information in response to requests from public
users of the facility. In addition to providing routine visitor
and transit information, Lessee shall provide informational
service which shall include, but not be limited to, the following:
(1) Bulletin board of community activities;
(2) Display a map of the City of Chula Vista;
(3) Respond to phone and mail inquiries;
(4) Provide information as stated in the "Partial
List of Visitor Services" contained in the
attached Exhibit B.
C. Lessee agrees that within ninety (90) days
after the opening of the premises, a separate video monitor in a
prominent location within the premises will be solely dedicated
to video programs featuring the following.
(1) An "editorial tour" of Chula Vista featuring
non-commercial points of interest in the city,
including but not limited to, City Hall,
parks, Bayfront, golf courses, Nature Center,
etc. This video will contain no advertising
and will be produced at the Lessee's expense.
The video will be a minimum of five minutes
long and will be shown at least four times
each hour the premises is open. Lessee shall
submit script and final production for
approval by Lessor prior to fulfilling this
requirement. The production will also be kept
timely and updated at least once per year.
(2) A "commercial tour" of Chula Vista featuring
retail and commercial points of interest in
the City including, but not limited to,
shopping centers, business districts, and
other commercial operations or areas. This
program may include advertising, however, said
advertising shall be limited to fifty (50)
percent of the total time of the video and
shall not detract from the public service
value of the presentation.
(3) Regular advertising videos of Chula Vista and
South Bay businesses may also be displayed on
this monitor at any frequency deemed
appropriate by the L.essee not inconsistent
with the provisions of.subparts (1) or (2).
14. Operation of the premises shall comport with all
applicable ordinances, rules and regulations, including but not
limited to, those provisions of the Municipal Code relating to
the sale of adult materials.
15. The City Manager or his or her designee shall be
the contract administrator for purposes of this contract. For
those conditions requiring the written approval of the Lessor,
the City Manager, or his or her designee, shall have the
authority to provide said written approval.
16. Lessee shall be responsible for all utility cost
associated with the use of the premises. Said costs shall
include, but not be limited to electricity and water usage
required for the premises, including the vending machines and the
rest rooms. In addition, Lessee shall be responsible for trash
disposal for the premises and possessory interest tax if
applicable.
THE CITY OF CHULA VISTA VRN I
May City of Chula Vista Carol ~yl~r Burton
ES~ ~~~_~ Vice-President
~ Visitor Resource Network, Inc.
ATT
/~ City 5/ as General Partner for
ClerkJ ~' VRN I Limited Partnership
Approved as to form by
kS§'is--tan[ City Attorney
1980a