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Home My WebLink AboutReso 1983-11412 ,'e"';.O, .,.- .. h '. ,..{,. '.~' . ~"-".i '. ,.,"',h:i;', '~-"!f:' ,C-....:":'.. '"',.... :'1- ", , " , . RESOLUTION NO. 11412 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA ~ISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NUBIAN CORPORATION, dba MARINA MOTEL, FOR A THREE-MONTH LEASE FOR A PORTION OF TIDELfu~DS AVENUE iND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: kow, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA ~ISTA, a municipal corporation, and NUBIAN CORPORATION, dba MARINA MOTEL, for a three-month lease for a portion of Tidelands Avenue dated the 18th day 'of October , 1983, a copy of which is attached hereto and incorporated herein, the.same as though fully set forthl here in be, and the same is hereby approved. I BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vis~a be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. """",,, , t presentedl by . ~4v~~ Thomas J.I Harron, City Attorney Approved as to form by . L:) (21/ , J /to7~ -l ~~ ./ omas J. Harron,' . City Attorney . , 'i ADOPlIjED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CH~LA VISTA, CA4/FORNIA, this 18tn day of October 19 83 , by the i following vote, to-wit: I Mayor ATTEST~ ?If.r$~ t/' City lerl< AYE~: NAYES: ABSTAIN: ABSENT: , Councilmen , I Cbuncilmen I cbuncilmen Cbuncilmen I I , I , I , Malcolm, Cox, Moore, McCandliss, Scott None None None R~ City of Chula Vista STATE OF CALIFORNIA ) I COUNTY OF SAN DIEGO ) s S. I CITY OF CHULA VISTA ) I I I, JE~NIE 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and foregoing is a full, true and correct copy of I RESOLUTION NO. 11412 ,and that the same has not been amended or repealed. DATED CC-660 (seal) City Clerk ." , I ' .' RECClRD!NqREQUESTED BY hND(t~:~~: . C/e;eK 2- --/U c{ JIL Ave e" H J( I-I! ~/;ST fJ en_ 0 I 0 1~183 NOV 22 M1 10: 38 . I LEASE AGREEMENT BY AND BE'IWEEN THE CITY OF CHUJ!A VERA L 11'1 E J VISTA AND NUBIAN CORPORATION FOR A THREE-MONTH q~~S!lUNTY RECORDER I FOR A PORTION OF TIDELANDS AVENUE --. j ~m jTHIS LEASE AGREEMENT is made the 18th day of October, 1983, by and between THE CITY OF CHULA VISTA, a municipal corpora- tion, hereinafter referred to as "City" or "Lessee" and NUBIAN CORPORATION, dba MARINA MOTEL, 960 F Street, Chula Vista, Californ~a 92010, hereinafter referred to as "Lessor"; 2235 83~424412 GDC,COROED IN --'] OPr I(,!;:':.L f1ECOIWS ' OF Sp,n DltGO COUnT y, C/'l,J ! ~~!~~~~~!~~ I WHEREAS, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor that certain property designated as a portion of Tidel~nds Avenue more particularly described in Exhibits A and B, attached hereto and incorporated herein by reference as if set forth in/fUll, and I WHEREAS, the parties hereto agree that said leasehold is upon and subject to the terms, covenants and conditions herein set forth and Lessee covenants as a material part of the consideration of this iease each and all of said terms, covenants, conditions and that!this lease is made upon condition of such performance. 1. TERM : [The term of this lease shall be for a period of three (3) months commencing on the 19th day of October, 1983 and terminating on the 18th day of January, 1984 at 12:00 midnight. I I 2 . RENT : Lessee hereby agrees to pay to Lessor as the monthly rent for said portion of Tidelands Avenue the sum of NINE HUNDRED DOLLARS AND NO CENTS ($900.00) per month due and payable on the I 21st daYlof October, 1983, and monthly thereafter on the 21st day of each month. I 3. USE; Lessor does hereby grant to Lessee the use of said easement and right of way for the right to construct, maintain, operate, replace or remove a street for the use of the public -1- R- 11412 ;(-IIV/J- 2236 together with the right to enter upon, pass and repass over and along sa~d easement and right of way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City whenever and whereverlnecessary for said purposes. 4. INDEMNIFICATION: I I It is fully understood and agreed by the parties hereto that Les~ee shall indemnify and hold Lessor harmless against all claims for damage or suits for loss, including costs and attorneyl's fees, arising from injury to any persons or property or life, caused by or resulting from acts or omissions by Lessee, its successo~s or assigns, arising from the construction, operation or maintenapce of the aforementioned street or in using, operating or traveling over the land within the hereindescribed leasehold of easement'. I 5. REMOVAL OF IMPROVEMENTS: It is further understood and agreed by the parties hereto that the City of Chula Vista shall at its own expense remove all temporary paving or other installation theretofore installed over and on said easement for street purposes within sixty (60) days of the termination of said easement, restoring the property to its originall condition, and Lessor shall allow Lessee to go upon said land fo~ the purpose of removing said temporary paving or other installation subsequent to the termination of said temporary easementl. I , I 6. NOTICE: Any notice required or permitted to be given hereunder must be in writing, and may be given by personal delivery or by mail, artd if given by mail shall be deemed sufficiently given if sent by !registered or certified mail, addressed to Nubian Corpora~ion, dba Marina Motel, 960 F Street, Chula Vista, Cali- fornia 92010, Attn: L. Amin, President. Either party may, by wri~ten Inotice to the other, specify a different address for notlce purposes. I , 7. 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. -2- ~-//1 W.:z.-- 2237 '. 8. HEIRS AND SUCCESSORS: , , iThis Agreement shall be binding upon the heirs, beneficiaries or successors to Lessor. IIN WITNESS WHEREOF, the parties have executed this lease the day and year first above written. THE CITY OF CHULA VISTA NUBIAN CORPORATION, dba Marina Motel ! 0~,,~ Amin, President /' Mayor of' ity of Chula L. Vi'~ ATTES .~m~ _. City Clerk Approved as to form by (Pub lic Agency) -, STATE OF CAUIFORNIA , COUNTY OF SAN DIEGO On this 9t~ day of November , in the year Eleanor L. Nida personally appeared, I known to me to be Mayor of the City lof Chula Vista, I and known to me to be the person(s) who executed the within instru- ment on behdlf of said public- corporation/ Agency and dcknowledged to me that said Mayor I executed the same. I WITNESS my hand and official seal. ) )SS. i\. I I I I I I I '" ~ , '" - ::c '" ,..., ~ '" <Il I I I I ',: , v 1983 before me Gregory R. Cox Title , -e -/(~ 1dL- -' i @ ELEA~!OR L. NIDA I . '. . NOTARY PUBLIC - CALIFORNIA I .. - PRINCI?AL OFFICE IN - SAN DIEGO COUNTY MJ Com_ ExpIres Mar 18. 1984 (Notarial Seal) Signature ?Jkt1J4Wf LJiL .!,' -3- )( -II ~!ol-- .~\ i. , I 1 , I I I I I I ~\ I \\ \ ' ~~\._ J _ ~ I TEMPORARY ~\\ ,4L16NJ-fENT ~i, ~~I\ !\ '\ ' \ I \ I \ ,~ I \.~ --- -- ~- -- ~-- 2238 '. ....,. ." .' ...,' . ,~ ~~; ~ E,frJlB' '. 'll;! 'II A 11 Owner: /.1Clrina /.1e;/e/ r~x Pd~ Nx. .. 561-0/N8 ~ . ~F'" . STREET I I I I I I I I I I . _ ...._.. _ ~ _ -.J I I , I , I I I I I I I J I ./ I I I I , -_ I ~ I _-.... I ", "~I , I , I ''''', I. . ", " I' '< \ I I I I I I I I I I I I J I , / f I I .......' , .... I ~ ~ I '" ~ I <I ~I V) " I ~ " 1 :;;: ~ I ~ ~ I -....J. <: I ltj ~ I C:l t,( I f:::: '" I ~,I I I I I J / I I I I I I I , , I , I I I I I I I I I .L I"~?co/ I I I I I , , I 1 I , I I I " , I , , I I I I , I I , . ____....____...J____;__________ _______ Dt; 1-' ,t;.' ;" yo" . I I . C "", '~" /-'. f.../..~r:'...._< nc'l STREE T . I ~ ,: 'I " I' 'i " I I' , I ;(1/'11;;'- I I I , I I I .- I ,/ I / I / , I I J' I I I I -/ I I I I I ,I I I:""" .1'" ,..>1 1'\ I I , '\ \ \ \ \ \ \ . "........., . , " . " " t, ',; ~. ,. ~ ~ .' " '. "-~.'. . .'~' .,.,. 'f':-., ..... .: , > , . .~ ~), ,.-. 2239 '~,')) ~ , j ,. I. I i " I LVU'B1T u\.id ! {3 I A btrip of l~nd, 50 feet in wi~th, lying within the Southerly Half of Quarter Section 172 of Rancho de la Nacion ucc8rdinq to recorded ~z-::: ~.il<2=:::o.~ I~Q. 1(,6 on file irJ the Of.fice of. th-2 CC\l11CV P.eCor":E:r, COunty of'San Diego! State of California,the centerline of s~id strip being de- scribed as Lbllo~s: i Beginning at the center of said Quarter Section 172, thence West- erly, along the Northerly line of said Southerly Half of Quarter Section 172, being the centerline of "F" Street a distance of 50 feet; thence Southerly, a~ right angles te said ~ortherly line a distance of 40 feet to the Southerly line of "F" Street and the TRUE POINT OF BE~INNING; thence continuing Sbutherlv, at right anales"to said Northerly line, 52.72 feet to the beginning of a ~anaent ~BO fo~t radius curVe to the right; thence Southerly, ai-ona, the arc O,f said curve, throu0,h a central angle of 47025', a distance of 480.16 feet; thence Southwesterl~, tangent to said curvej 173.60 feet to the beainning of a tan~ent 200 foot radius curve to the left; thence! Southerly, along the arc of said curve, through a central angle of 81015'30", a distance of 283.65 feet; thence Southeasterly, tan- gent to said1curve, 108.47 feet to the heginning ofa tangent 200 foot radius curvel to ~he'right; thence Southerlv, a10nq the arc of said cu~ve, through a,cehtral anqle cf 3G~04', a ~ista;ce of i25.90 feet; thence. Southerly, thnaent to said curve, 209.89 feet to the Southerly line of said Quarterlsec~ion 172 an~ the centerli~e of "G" Street; . Exceptina therefro~ that Dortion lvir.q South~rlv of a line that is parallel i,.i'th a~d 340 feet South~rly of the (:;entcrline- of "F" Street. ,. , I I I, e I \ . ' ;It-If ~(~ lease Return To: I ., ..," .,! ~. ,-'.. Jennie M. FtUasz, Ci~ perk P. O. Box '108~ . Chula Vista, California 92012 . ," 2240 RESOLUTION NO. 11412 . RESOLUTION OF THE CITy'COUNCIL 'OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NUBIAN CORPORATION, dba MARINA MOTEL, FOR A THREE-MONTH LEASE.FOR A PORTION OF TIDELili~DS AVENUE .>f'."."'......--,.,~'" ) '-"?':"'I- ~~~\~-. (' Ii~',~ to ",-""".: I AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. "......~.,J.~ , . :The City Council of the City of Chula Vista does hereby resolvebs follows: INOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF'CHULAIVISTA, a municipal corporation, and NUBIAN CORPORATION, dba MARINA MOTEL, for'a three-month lease for a portion of Tidelands Avenue I '. . dated the 18th day of October , 1983, 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. I I I Presented by I . /:u;;~ ..J d1&'-~...../ Thomas Jt Harron, . I C~ty Attorney Approved as to form by . /~...,,' (2j/ J/ ii?C;:,'~ J #-'LM:.r~ ./ omas J. Harron, . . City Attorney d.-,,'" ....,....... :.,::~\:;;.;,. ,-.",-, ..... \ ~ . ,. ~;..~,..=...: 4,{~.~"",....",~'......-...,.... ."_, -'-. ,.1 -,. .. 2241 ADOPtED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 18th day of October 19 . 83~, by thJ following vote, .to-wit: . . I (;ounci/men I (;ouncilmen I (;ouncilmen I , Councilmen I AYES: Malcolm, Cox~ Moore, McCandliss; Scott NAYES; None ABSTAIN: None ABSENT: None Mayor ATTESTQ.L~~~ ~ . City ler/( R~ City of Chula Vista . STATE OF CALIFORNIA ) COUNTY OF SANjDIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chuta Vista, California, I .. . DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION I NO. 11412 . . and that the same has not been amended or repealed. November 11, 1983 DATED '" ,~"-"<' .""".= .<--'""" . ....~ ..."",.~-..,-,_-,,-,~.._.o>.- ""''''w" ~.' (seal) I aAUuL~ 17Jd~.-- y '-.- City Clerk CC-660 ~~. ~",:..'.' '"..- '+..,~ .".,:l--:-, _'.;'<'~:'J-.." .>-..-,.'" ,- j,' ,.... '.. . ','" ....'l. ..'!;..~;,,"",.~_ :" ~ ,_.....,_ ....<l: ~<':..,;.,~~,_.~_ "r''''''-'- ~