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Home My WebLink AboutReso 1983-11261 RESOLUTION NO. 11261 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ~NDMENT BETWEEN THE CITY OF CHULA VISTA' AND JIMMY'S FlWILY OF FINE RESTAURANTS, INC. 'ill LEASE AGREEMENT FDR THE MAINTENANCE, OPERATION AND IMProVEMENT OF THE RESTAURANT AND BAR PREMISES AT 'IHE CJIDLA VISTA MUNICIPAL GOLF COURSE KNOWN J;S JIMHY'S ON 'lEE GREEN 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 amendment between THE CITY OF CHULA VISTA, a municipal corporation, and JIMMY'S FAMILY OF FINE RESTAURANTS, INC. to the lease agreement for the maintenance, operation and improvement of Jimmy's on the Green dated the 24th day of May , 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 amendment for and on behalf of the City of Chula vista. presented by Approved as to form by ~C1 .R. Asmus, Assistant City Hanager ~. ~ ,; / "/\_~':' 7~ ~'''I,~. I ~__-r-." Form 342 Rev. 7/82 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~HULA VISTA, CALIFORNIA, this 24th day of May L9 83 , by the following vote, to-wit: \.YES: Counoilmen Cox, Moore, McCandliss, Scott ~AYES : Counoilmen None ~STAIN: Counoilmen Malcolm \.BSENT: Counoi Zmen None \.TTEST Mayor 0 "7. / f~d'/~~ Deputy City CZerk I!(}" City of ChuZa Vista ,TATE OF CALIFORNIA ~OUNTY OF SAN DIEGO :ITY OF CHULA VISTA ) ) ) SSe I, PATRICIA A. GUARDACOSTA, DEPUTY CITY CLERK of the City of ChuZa Vista, ~alifornia, DO HEREBY CERTIFY that the above and foregoing is a full, true lnd oorreot oopy of RESOLUTION NO. 11261 and ~hat the same has not been amended or repealed. JATED Deputy City Clerk (SEAL) -660 (pag) AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JIMMY'S FAMILY OF FINE RESTAURANTS, INC., A CALIFORNIA CORPORATION, FOR THE MAINTENANCE, OPERATION, AND IMPROVEMENT OF THE RESTAURANT AND BAR PREMISES AT THE CHULA VISTA MUNICIPAL GOLF COURSE KNOWN AS JIMMY'S ON THE GREEN THIS AMENDMENT, made and entered into this 24th day of May, 1983, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City" and JIMMY'S FAMILY OF FINE RESTAURANTS, INC., a California corporation, hereinafter called "Jimmy's"; WIT N E SSE T H : WHEREAS, the City and Jimmy's have previously entered into an agreement on December 22, 1981, and WHEREAS, both City and Jimmy's desire to amend that agreement with regard to rental payments and maintenance of the premises. NOW, THEREFORE, City and Jimmy's agree to the following amendments to the agreement: 9. RENTAL PAYMENTS. Jimmy's agrees to pay to City a minimum rental payment of EIGHT THOUSAND DOLLARS ($8,000) per calendar month or an amount equal to five percent (5%), whichever is greater, of all gross sales as herein defined for the initial term of this lease and any extension thereof pursuant to the options granted to Jimmy's. The base rent payment of EIGHT THOUSAND DOLLARS ($8,000) per month shall be adjusted annually on the anniversary date of this lease to reflect the cost of living increase or decrease as indicated by the U. S. Department of Commerce Consumer Price Index for San Diego County. All sums to be paid by Jimmy's to City shall be in lawful money of the United States of America and shall be paid prior to notice or demand at the address designated hereafter. Within fifteen (15) days after the end of each calendar month of the term hereof, commencing with the fifteenth day of the month following the commencement of this amendment as hereinafter provided, and ending with the fifteenth day of the month next succeeding in the last month of the term of this lease agreement, Jimmy's shall furnish to City a statement in writing, certified by Jimmy's to be correct, showing the total gross sales made in the improved facility and appurtenances during the preceding calendar -1- ;(-lltZ& I month. Should Jimmy's gross sales be less than ONE HUNDRED AND SIXTY THOUSAND DOLLARS ($l60,OOO) in any calendar month, then Jimmy's shall owe no payment other than the base rent in the amount of EIGHT THOUSAND DOLLARS ($8,000) for that calendar month. All sums due shall be delinquent on the fifteenth day of each month and subject thereafter to a penalty of ten percent (lO%) per month, if unpaid. l6. MAINTENANCE OF PREMISES. Jimmy's agrees to assume full and complete responsibility for the interior and exterior of the leased premises excluding major structural defects or repairs. Jimmy's agrees to replace all damaged or broken fixtures includ- ing, but not limited to, windows, furnishings, booths, drapes, lighting fixtures, carpeting and all bar and kitchen equipment. Jimmy's further agrees to assume full maintenance of all air conditioning units, including the necessary replacement thereof. Jimmy's agrees to maintain all drainage, waste and vent pipes inside of the building. Jimmy's shall, at all times during the term of this agreement and at Jimmy's sole cost and expense, repair the exterior walls, roof and all roof-mounted equipment of the improved facility and appurtenances and keep same in good order and sanitary condition. Jimmy's agrees at its sole cost and expense to maintain and keep in good condition all landscaping surrounding its facility as shown on Exhibit "A", a copy of which is attached hereto and incorporated herein by reference as if set forth in full. This area shall include the landscaped strips located in the parking lot adjacent to Jimmy's facility. Jimmy's agrees to maintain the landscaping in a condition satisfactory to the City. If in the sole opinion of the City, the maintenance is not satisfactory, Jimmy's agrees that the City may assume responsi- bility with its own work forces or others and Jimmy's will pay the cost incurred. Any plan for renovation of the landscaping or replacement of existing plant materials with different materials shall be submitted for the approval of the City Manager. City shall, at the inception of this lease agreement, provide adequate sewer, water and electrical service to the premises and, further, at City's sole cost and expense, maintain, repair and keep in good and sanitary condition all areas, includ- ing all parking facilities, sidewalks, driveways, and all other uses and/or facilities surrounding or in the immediate area, the immediate area being defined as one hundred (100) yards in any direction from any exterior wall of the improved facility and appurtenances. Provided, however, Jimmy's shall be responsible for removing any blockage that may occur in the underground sewer lateral running from Jimmy's waste and vent lines inside of the building to the public sewer line serving the premises. City shall -2- ~- ,\ ~ G ( be responsible for repair or replacement of the main sewer lateral running from the exterior of said premise to the public sewer line. Should City fail to respond to or comply with any request by Jimmy's to repair or keep in good order and sanitary condition such areas as are City's sole responsibility within (24) hours of making such request to repair to any agent or employee by any agent or employee of Jimmy's, Jimmy's is herewith authorized but not obligated to perform any such item of repair or incur whatever expense is necessary, in the sole opinion of Jimmy's, to repair and keep in good order and sanitary condition, the immediate area of the improved facility and appurtenances. Jimmy's may, at their sole option, either deduct the expense from the next remittance due City or, apply to City for reimbursement for any expense incurred hereof, and, should any such reimbursement not be received by Jimmy's within thirty (30) days of making such request, deduct the expense from the next remittance due City. If no remittance is due, or if the remittance due is insufficient to reimburse Jimmy's for the entire expense incurred hereof, deduct the entire expense or the balance of the entire expense from the next remittance due City. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA JIMMY'S FAMILY OF FINE ~ESTAURANTS~C' ~. ~ ' I ,._' .! j~p;",-~~ ATTEST' ,d/uUt'L/ d. , Deputy City Clerk Approved~.as to form by L.- -3- 12 -//;,Lt:, I -' i t ------ \ \~ IV, , lJ\ \ Q ''')) I I ~. - \ ......: ,. I "'..l ,~ ''''-" 'D. ' \~ . --~-' "\:t ... '. :. .',' . ..- ' ......,' . ,; .... '~, " '" ......., , ...... \'.*,< i, -.. " '-' .' i~ ~' '~ < \ \ \ ~. \ \ ~ I \ I \ \ ':, \ <'" ),.- .",- )) .}\ i\ ~J L .: $$p If '" ~" 3:,1' '" .f\1c",P"';t $"'~I.t ....y .. "-~ .., "'/ ........... ... I" --,~."..~ ,-._--~---- .. ~ ;~ :.,'; '. I rc ~J ,. '" ".. ~~ ~~~: ... ~.- .~..,,~, .' i:. ..... .-;, \ ';','.:... 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