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HomeMy WebLinkAboutReso 1982-10875 RESOLUT ION NO. 10875 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTSBE'IWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR RENTAL OF REAL PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Ci ty Council of the Ci ty of Chula Vista does here~ resolve as follows: NCM, THEREFORE, BE IT RESOLVED by the Ci ty Council of the Ci ty of Chula Vista that those certain agreanen1S between THE CITY OF CHULA VISTA, a municipal corporation, and THE COUNTY OF SAN DIEGO, for rental of real property dated the 1 st day of June , 19 82, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is here~ approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is here~ authorized and directed to execute said agreanent for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~ ~ E. ~. Asmus, Assistant City Manager Lindberg, ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 1 st day of June 198_~, by the following vote, to-wit: AYES: Councilm:!n Cox, Gillow, Moore, McCandliss, Scott NAYES: Councilm:!n None ABSENT: Coun c i 1m:! n None I/~ y of Chula Vista STATE 01'-' CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, , City C ler'k of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED-- City Clerk Form No. 342 Re v. 7/81 On June 15, 1982, Board Order No. 78, the Board of Supervisors directed the Clerk of the Board of Supervisors to set a time for the Board to meet to consummate the proposed conveyance of County property and buildings located withjn the Chula Vista. Civic Center to the City of Chula Vista, and to publish the Notice of Intention to Sell Real Property, setting hearing date for July 6, 1982 at 10:00 a.m. This being the time set for the hearing and evidence being on file that due and proper notice has been given as required by law, the matter is now called up. No. 48 ON MOTION of Supervisor Hamilton, seconded by Supervisor Eckert, the Board of Supervisors closes the hearing on the conveyance of real property to the City of Chula Vista, of County property and buildings located within the Chula Vista Civic Center; finds that the leasehold in the subject parcel is required for County use, but that a fee interest is not; and finds that the proposed conveyance is not subject to environmental impact evaluation as it is categorically exempt under Article 8, Section 15112 of the State Environmental Impact report Guidelines. Roll call on the foregoing motion results in the following vote: AYES: NOES: ABSENT: No. 49 t.- Supervisors Hamilton, Fordem, Hedgecock, Bates and Eckert Supervisors None Supervisors None ON MOTION of Supervisor Hamilton, seconded by Supervisor Eckert, the Board of Supervisors authorizes execution of the Quitclaim Deed conveying the real property and buildings located within the Chula Vista Civic Center to the City of Chula Vista. Roll call on the foregoing motion results in the following vote: AYES: NOES: ABSENT: Supervisors Hamilton, Fordem, Hedgecock, Bates and Eckert Supervisors None Supervisors None No. 50 L./ COUNTY CONTRACT NO. 18647 E/R R . 0 -, ,,- -/OJ/....J Roll call on the foregoing motion results in the following vote: AYES: NOES: ABSENT: Supervisors Hamilton, Fordem, Hedgecock, Bates and Eckert Supervisors None Supervisors None No. 51 COUNTY CONTRACT NO. 18648 E/R ON MOTION of Supervisor Hamilton, seconded by Supervisor Eckert, the Board of Supervisors authorizes execution of the Lease Agreement with the City of Chula Vista for the First Supervisorial District Field Office. Roll call on the foregoing motion results in the following vote: AYES: NOES: ABSENT: Supervisors Hamilton, Fordem, Hedgecock, Bates and Eckert Supervisors None Supervisors None Nos. 48-51 7/6/82 jtg Page 2 of 2 pages /f-/t?r75 Please Heturn To; Jennie M. Fulasz, City Clerk P. O. Box 1087 Chula Vista, California 92012 LEASE AGREEMENT COUNTY SOUTH BAY HEALTH CENTER CHULA VISTA COUNTY OF ,SAN DIEGQ CONTRACT I 0' I J I 7;;;.~ NUMBER ~ \D' ,.~ (Reference above numb'~ in each communi oat ion ref.'Wrding this contmctJl t~ /f-IO f'7 S- ,. -. TABLE OF CONTENTS CLAUSE NO. CLAUS E l. ADMINISTRATI ON 2. DESCRIPTION 3. TERM 4. EARLY TERMINATION 5. HOLDING OVER 6. RENT 7. USE 8. UTI LI TI ES 9. JANITORIAL SERVICES AND TRASH REMOVAL 10. REPAIRS AND MAINTENANCE 1l. BUILDING AND SAFETY REQUIREMENTS 12. INSTALLATION AND ALTERATION 13. DAMAGE OR DESTRUCTION 14. SIGNS 15. QUIET POSSESSION 16. NOTI CE 17. SUBLEASE AND ASSIGNMENT 18. INSURANCE 19. EMINENT DOMAIN 20. S EVERAB I LI TY 2l. TIME OF ESSENCE 22. ARBITRATION 23. EXECUTION 24. ENTIRE AGREEMENT EXHIBIT A OUTLINE SPECIFICATION AND LEASE PLANS !(-/~f16 LEASE AGREEMENT COUNTY SOUTH BAY HEALTH CENTER CHULA VISTA THIS LEASE AGREEMENT, made and entered into this 1st day of June 1932, by and between CITY OF CHULA VISTA, hereinafter referred to as "Lessor", and the COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter referred to as "County", whereby the parties hereto agree as follows: WIT N E SSE T H: 1. Am~INISTRATION. This Lease Agreement (hereinafter referred to as "Lease") shall be administered on behalf of County by the Director, Department of General Services, County of San Diego, hereinafter referred to as "County's Lease Administra- tor", and on behal f of Lessor by City Manager 2. DESCRIPTION. Lessor hereby leases to County that real property, consisting of approximately 3,000 square feet of medical and office space known as 263 Fig Avenue, Chula Vista, California, including fifteen (15) unmarked community parking spaces, two of which shall be handicap parking spaces, as delineated on Exhibit "A", attached hereto and by this reference made a part hereof. Said real property (hereinafter referred to as "Demised Premises") is leased on the terms and conditions hereinafter set forth. 3. TERM. This Lease Agreement is effective on the date first above written. The term of this Lease shall commence upon the date of acceptance of the Demised Premises by County. Said date shall be as specified in the letter of acceptance issued by County to Lessor. The term of this Lease shall terminate Fifty (50) years from the date of acceptance. 4. EARLY TERMINATION. This Lease may be terminated by County at its sole option at any time by first giving to Lessor no less than ninety.(90) days prior written notice. If-Ii) r l~ 5. HOLDING OVER. 'Any holding over by County after the expiration of the term of this Lease shall be construed to be a tenancy from month to month at the monthly rental and on the terms and conditions specified herein so far as the same may be applicable. Such holding over shall include any time required by County to remove its equipment and fixtures. 6. RENT. County shall occupy the Demised Premises for consideration of the County quitclaiming the Demised Premises and other property to lessor concurrently here\.,ri th. 7. USE. Demised premises shall be used for offices and medical space for County's Department of Health Services. 8. UTILITIES. County shall pay for all utilities necessary for the use and enjoyment by County of the Demised Premises, except water, which shall be paid for by Lessor. 9. JANITORIAL SERVICES AND TRASH REMOVAL. County shall furnish at its sole expense all janitorial services and trash removal services, which may be required by County's occupancy and use of the Demised Premises. Such services shall be provided at the level necessary to maintain the Demised Premises in a clean and orderly condition. 10. REPAIRS AND MAINTENANCE. Subject to provisions of the DAMAGE OR DESTRUCTION clause hereof and, except for damage caused by negligent or intentional act or omission of the County, its agents, employees, or invitees, Lessor at Lessor's expense shall keep the exterior of the demised oremises in good condition and repair including, but not limited to, structural repair, painting and roofing. Lessor shall also provide repair and maintenance of the parking area and shall provide all landscape maintenance. Lessor shall make repairs required under this clause within a reasonable !f-/o/i 75 -2- time after receipt of written notice of the need for such repairs. The County agrees by taking possession of the demised premises as herein Set forth that such demised premises are in tenantable d d d an goo con ition and that County will take good care of the demised premises. 11. BUILDING AND SAFETY REQUIREMENTS. During the full term of this Lease, Lessor agrees to maintain the Demised Premises in compliance with all applicable building codes, statutes, and orders as they are applicable on the date of this Lease, and as they may be subsequently amended. Lessor further agrees to maintain the Demised Premises as a "safe place of employment", as the term is used in the California Occupational Safety and Health Act, where the provisions of such Acts are applicable on the date of this Lease. Conditions caused $0le-lyby County and not subject to the control of Lessor are excluded from this provision., 12. INSTALLATION AND ALTERATION. County may install any and all fixtures or improvements necessary or desirable for County's use of the Demised Premises for the above described purposes but shall make no permanent alterations in, or additions to, said Demised Premises without the written consent of Lessor, which consent shall not be unreasonably withheld. Such fixtures or improvements installed by County shall remain the property of County and at the option of County may be removed at or before termination of this Lease or extension thereof or may be abandoned to Lessor and any damage to the Demised Premises occasioned by such removal shall be repaired by County upon request by Lessor within thirty (30) days of the termination of this Lease or any extension thereof. Upon the expiration of this Lease or the sooner termination thereof as herein provided, except in the event of destruction of the property as provided for in the DAMAGE OR DESTRUCTION ;?- /()l7:/ -3- clause hereof, County shall deliver possession of the Demised Premises to Lessor in the same condition it enjoyed at the beginning of this Lease, or as altered, ordinary wear and tear and damage by the elements excepted. 13. DAMAGE OR DESTRUCTION. In the event that the Demised Premises should be damaged or destroyed by fire or any other cause during the term of this Lease or extension thereof, other than through the fault or negligence of County, repairs or reconstruction shall be made by lessor, at its sole expense, and with all reasonable dispatch. If for any reason lessor fails to repair or reconstruct the Demised Premises within a reasonable period of time, County may (1) repair or reconstruct the Demised Premises and be reimbursed by lessor for the costs incurred; or (2) terminate this lease by giving lessor five (5) days prior written notice. 14. SIGNS. County may erect signs necessary to identify County's occupancy of the Demised Premises during the term hereunder. County shall forward to Lessor the proposed design for said signs prior to placing said signs on the Demised Premises. County shall not place the proposed signs on the Demised Premises until Lessor has given its consent in writing to the proposed signs. lessor shall not unreasonably withhold said consent. Signs shall be removed by County at the termination of this lease. 15. QUIET POSSESSION. lessor for itself, its heirs, devisees, successors or assigns, covenants and agrees that County, upon compliance with all the terms and conditions of this lease may lawfully, peacefully and quietly have, hold, use occupy and enjoy the Demised Premises and each part thereof during the term of this Lease or any extension thereof without hindrance or interruption from lessor, its heirs, devisees, successors or assigns. lessor has and reserves the right at any reasonable time to enter upon the Demised Premises, to inspect said Demised f- /t),(76'" -4- Premises or to perform any of the obligations imposed by this Lease, but in so entering shall conduct itself so as to minimally interfere with County's use and enjoyment of the Demised Premises. 16. NOTICE. Any notice or notices given by Lessor or County to the other may be personally served upon Lessor or County or any person hereafter authorized by either party in writing to receive such notice, or may be served by depositing the same in the United States Mail, postage prepaid, addressed to the appropriate address hereinafter set forth or to such other address as Lessor or County may hereafter designate by written notice. To County: To .Lessor: Director, Department of General Services Building 2, 5555 Overland Avenue San Diego, California 92123 City Manager's Office 276 Fourth Avenue City of Chula Vista Chula Vista, California 92010 17. SUBLEASE AND ASSIGNMENT. County agrees not to sublet the whole or any part of the Demised Premises nor to assign this Lease without in each case first securing the written consent of Lessor, but Lessor agrees not to unreasonably withhold consent to such sublease or assignment. 18. INSURANCE. Lessor shall maintain throughout the term of this Lease fire insurance and extended coverage on the Demised Premises to the extent of 90% of the replacement value of improvements located on the Demised Premises. Included in the policy or policies of insurance shall be a standard waiver of rights of subrogation against County by the insurance company issuing said policy or policies. 19. EMINENT DOMAIN. If any part of the Demised Premises shall be taken or condemned for a public or quasi-public use and a part thereof remains which in the /{' /" / t) Y 75" -5- .' fI-/()f75 -6- above wri tten. IN WITNESS WHEREOF, the parties hereto have set their hands on the date first COUNTY OF SAN DIEGO 11 j~i:t-i) cefcZ"'4'74 4~~<i/ Clerk, Board of Supervisors Da ted '7 - \ 1~ ~ ?- Da ted !?-/()f l~( CITY OF CHULA VISTA / -1 v '., / ft:;/ ~- ~_. 0 ~ KCr By Ipproved and/or authorized by the.- Board 01 Supervisors of the Countv of SFln ni"".,." JUL G 1982 ~5D c'B!ffl!~ors -7- r-' 1 I fie .. '1-.~A~IlI~/'nj(J IT I ~ V , 10 0T, 1,"U1UNry. ...t4TAf'2' :n~)- i I ., t !1 f, 7.8 ' II It. I qp:>! r:- ~ "2r ~ ~ ~ ~ ::::.r- I " ~ · i II VJ._~__<<?UJi T1___f!\JZKJli~~C~0 DEPARTMENT OF GENERAL SERVICES .>>.OVID IV IATI FACILITY AND REAL PROPERTY DIVISION ......V AV".... .~Al.1 COUNTY OF SAN DIEGO ,~ . "coqt[(?oPfJ2' a:T7~~~lH j. ?j~~V~r~O~LJ~UW~AY ~~~H - .' P\ease Return To: Jennie M. Fulasz, City Oerk P. O. Box 1087 Chula Vista, California 92012 ;f-ltJf7S LEASE AGREEMENT FIRST DISTRICT SUPERVISOR'S FIELD OFFICE CHULA VISTA c,.'~',j': ./ nF ;~-~A.N DiEGO ,. i l~\c~ ~~Q. lCil~: i~;~,n; : .' _ \: <~ ::.~, ::~-;:b e -p ~, L .>_-~ r.-,.,~ -r;, ~~ T"' ~:'(':"~'. ~ TABLE OF CONTENTS CLAUSE NO. CLAUSE l. ADMINISTRATION 2. DEseRI PTION 3. TE Rt1 4. EARLY TERMINATION 5. HOLDING OVER 6. RENT 7. USE 8. UTI LI TI ES 9. JANITORIAL SERVICES AND TRASH REMOVAL 10. REPAIRS AND MAINTENANCE 1l. BUILDING AND SAFETY REQUIREMENTS 12. INSTALLATION AND ALTERATION 13. DAMAGE OR DESTRUCTION 14. SIGNS 15. QUIET POSSESSION 16. NOTICE. 17. SUBLEASE AND ASSIGNMENT 18. INSURANCE 19. EMINENT DOMAIN 20. SEVERABILITY 2l. TIME OF ESSENCE 22. ARBI TRATION 23. EXECUTION 24. ENTIRE AGREEMENT If _/1/,176 " LEASE AGREEMENT FIRST DISTRICT SUPERVISOR'S FIELD OFFICE THIS LEASE AGREEMENT, made and entered into this 1st day of June 1982, by and between CITY OF CHULA VISTA, hereina fter referred to as "Lessor", and the COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter referred to as "County", whereby the parties hereto agree as follows: WIT N E SSE T H: 1. ADMINISTRATION. This Lease Agreement (hereinafter referred to as "Lease") shall be administered on behalf of County by the Director, Department of General Servi ces, County of San Di ego, hereinafter referred to as "County's Lease Admi ni stra- tor", and on behal f of Lessor by City Manaqer 2. DESCRIPTION. Lessor hereby leases to County that real property, consisting of approximately 250 square feet of office space in the building at 430 Davidson Street, Chula Vista, Location of said 250 square feet within the building to be mutually decided upon by County's Lease Administrator and Lessor. Said real property (hereinafter referred to as "Demised Premises") is leased on the terms and conditions hereinafter set forth. 3. TERM. This Lease Agreement is effective on the date first above written. The term of this Lease shall commence upon the date of acceptance of the Demised Premises by County. Said date shall be as specified in the letter of acceptance issued by County to Lessor. ,The term of this Lease shall terminate Fifty (50) years from the date of acceptance. 4. EARLY TERMINATION. This Lease may be terminated by County at its sole option at any time by first giving to Lessor no less than Thirty (30) days prior written notice. 1(- / V' r7:5' 1f-/Oil6 -2- 11. BUILDING AND SAFETY REQUIREMENTS. During the full term of this Lease, Lessor agrees to maintain the Demised Premises in compliance with all applicable building codes, statutes, and orders as they are applicable on the date of this Lease, and as they may be subsequently amended. Lessor further agrees to maintain the Demised Premises as a "safe place of employment", as the term is used in the California Occupational Safety and Health Act, where the provisions of such Acts are applicable on the date of this Lease. Test procedures for fire extinguishing systems as set forth in Appendix G to the Uniform Fire Code (1976) shall be the responsibility of Lessor. 12. INSTALLATION AND ALTERATION. County may install any and all fixtures or improvements necessary or desirable for County's use of the Demised Premises for the above described purposes but shall make no permanent alterations in, or additions to, said Demised Premises without the written consent of Lessor, which consent shall not be unreasonably withheld. Such fixtures or improvements installed by County shall remain the property of County and at the option of County may be removed at or before termination of this Lease or extension thereof or may be abandoned to Lessor and any damage to the Demised Premises occasioned by such removal shall be repaired by County upon request by Lessor within thirty (30) days of the termination of this Lease or any extension thereof. Upon the expiration of this Lease or the sooner termination thereof as herein provided, except in the event of destruction of the property as provided for in the DAMAGE OR DESTRUCTION clause hereof, County shall deliver possession of the Demised Premises to Lessor in the same condition it enjoyed at the beginning of this Lease, or as altered, ordinary wear and tear and damage by the elements excepted. 13. DAMAGE OR DESTRUCTION. In the event that the Demi sed Premises shoul d be damaged or destroyed by fire or any other cause during the term of this Lease or j-/CY 7~" -3- extension thereof, other than through the fault or negligence of County, repairs or reconstruction shall by made by Lessor, at its sole expense, and with all reasonable dispatch. If for any reason Lessor fails to repair or reconstruct the Demised Premises within a reasonable period of time, County may (1) repair or reconstruct the Demised Premises and be reimbursed by Lessor for the costs incurred; or (2) terminate this Lease by giving Lessor five (5) days prior written notice. 14. SIGNS. County may erect signs necessary to identify County's occupancy of the Demised Premises during the term hereunder. County shall forward to Lessor the proposed design for said signs prior to placing said signs on the Demised Premises until Lessor has given its consent in writing to the proposed signs. Lessor shall not unreasonably withhold said consent. Signs shall be removed by County at the termination of this Lease. 15. QUIET POSSESSION. Lessor for itself, its heirs, devisees, successors or assigns, covenants and agrees that County, upon payment of the rental reserved and the compliance with all the terms and conditions of this Lease may lawfully, peacefully and quietly have, hold, use, occupy and enjoy the Demised Premises and each part thereof during the term of this Lease or any extensions thereof without hindrance or interruption from Lessor, its heirs, devisees, successsors or assigns. Lessor has and reserves the right at any reasonable time to enter upon the Demised Premises, to inspect said Demised Premises or to perform any of the obligations imposed by this Lease, but in so entering shall conduct itself as to minimally interfere with County's use and enjoyment of the Demised Premises. 16. NOTICE. Any notice or notices given by Lessor or County to the other may be personally served upon Lessor or County or any person hereafter authorized. tIi-/Pf 7~/ -4- " by either in writing to receive such notice, or may be served by depositing the same in the United States Mail, postage prepaid, addressed to the appropriate address hereinafter set forth or to such other address as Lessor or County may hereafter designate by written notice. Director, Department of General Services Building 2, 5555 Overland Avenue San Diego, California 92123 To Lessor: Ci ty Ha na ger 276 Fourth Avenue City of Chula Vista Chula Vista, California To County: 17. SUBLEASE AND ASSIGNMENT. County agrees not to sublet the whole or any part of the Demised Premises nor to assign this Lease without in each case first securing the written consent of Lessor, but Lessor agrees not to unreasonably withhold consent to such sublease or assignment. 18. INSURANCE. Lessor shall maintain throughout the term of this Lease fire insurance and extended coverage on the Demised Premises to the extent of 90% of the replacement value of improvements located on the Demised Premises. Included in the policy or policies of insurance shall be a standard waiver of rights of subrogation against County by the insurance company issuing said policy or policies. 19. EMINENT DOMAIN. If any part of the Demised Premises shall be taken or condemned for a public or quasi-public use and a part thereof remains which in the opinion of the County's Lease Administrator, is adequate to permit County to continue the uses stated in the USE Clause above, this Lease shall, as to the part so taken, terminate as of the date legal possession shall be taken by the condemnor. If such condemnation takes all the Demised Premises, or such part thereof that there does not, in the opinion of the County's Lease Administrator, remain a portion adequate for County's use hereunder, this Lease shall thereupon terminate. If a part or all of the Demised Premises is jf- /~t'75'" -5- taken or condemned, the compensation awarded upon such condemnation or taking shall go to Lessor or County as their respective interests may appear. 20. SEVERABILITY. The invalidity of any provision of this Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. 21. TIME OF ESSENCE. Time is expressly declared to be of the essence of this Lease and of each, every and all of the covenants and conditions herein. 22. ARBITRATION. If the parties hereto should not agree as to the terms and provisions of this Lease, such disagreement shall be determined by arbitra- tion pursuant to the provisions of the California Code of Civil Procedure. 23. EXECUTION. This Lease may be simultaneously executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but all together shall constitute but one and the same Lease, and it is also understood and agreed that separate counterparts of this Lease may be separately executed by Lessor and County, all with the same full force and effect as though the same counterpart had been executed simultaneously by both Lessor and County. 24. ENTIRE AGREEMENT. This Lease contains the entire agreement between the parties hereto and no term or provision hereof may be changed, waived, discharged or terminated unless the same be in writing executed by both parties hereto. ~~y~ -~ IN WITNESS WHEREOF, the parties hereto have set their hands on the date first above written. Date Date /) ../ 11-/I/f7:> '7 - 'L.-- ~ t.---- - (h-t~/ of Supervisors CITY OF CHULA VISTA L R~ r"- BY Ipproved and/or authorized by the.- Board of Supervisors of the Count'! of S::1n niMn ,j,. Sl J U L G 1982 "1'1. ci!t1:tt~o~ -7- .-<4.//