HomeMy WebLinkAboutReso 1982-10764
RESOLUT ION NO. 10764
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BE'IWEEN THE CITY OF CHULA
VISTA AND KAMPGROUNDS OF AMERICA FOR LEASE OF CERTAIN
SURPLUS PROPERTY AND THE LANDSCAPING AND MAINTENANCE
THEREOF
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does herebf
resolve as follows:
No.v, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that that certain agreanent between THE CITY
OF CHULA VISTA, a municipal corporation, and KAMPGROUNDS OF
AMERICA, for lease of certain surplus property and the landscaping
and maintenance thereof
dated the 28th day of January , 19 E-, a copy of which
is attached here'to and incorporated herein, the same as though
fully set forth herein be, and the same is herebf approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is herebf authorized and directed to
execute said agreanent for and on behalf of the City of Chula
Vista.
Presented RY
#~~
Approved as 0
~~,-L:t
George D. Lindberg, City Attorney
George D. Lindberg, City
Attorney
CHULA
19l:l 2
ADOPTED AND APPROVED
VISTA, CALIFORNIA, this
, by the follawing vote,
!?y the CITY COUNCIL of the CITY OF
2nd day of February
to-wi t:
AYES: Councilrren
McCandliss, Scott, Cox, Gillow, Campbell
NAYES: Councilrren
None
None
ABSENT: Councilrren
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, , City CleIk 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and that the same has not been amended or repealed.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
Rev. 7/81
LEASE AGREEMENT WITH KAMPGROUNDS OF AMERICA
AND THE CITY OF CHULA VISTA FOR CERTAIN SURPLUS
PROPERTY AND THE LANDSCAPING AND MAINTENANCE THEREOF
THIS AGREEMENT, made and entered into this 28th day of
January , 1982, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "Lessor", and
KAMPGROUNDS OF AMERICA, a California corporation, hereinafter
called "Lessee";
WIT N E SSE THo
WHEREAS, the City of Chula Vista now desires to enter
into a lease agreement for a certain parcel of property located on
the east side of North Second Avenue, south of Sweetwater Road,
west of I-80S and north of the vista Hill Foundation in the City
of Chula vista, and
WHEREAS, Kampgrounds of America, a California corpora-
tion, desires to enter into a lease agreement for the use of said
property which is adjacent to the entrance to their campgrounds
for the purpose of locating a permanent identification sign and
landscaping and maintaining the same, and
WHEREAS, said landscaping and maintenance shall be
undertaken at the sole expense of Lessee.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by
and between the parties hereto as follows:
1. LEASE PREMISES. For and in consideration of the rent
hereinafter specified and all of the covenants, terms and
conditions hereinafter set forth, including most specifically the
requirement for the installation of landscaping and maintenance
thereof, Lessor agrees to lease to Lessee that certain parcel,
being an irregularly shaped corner lot with frontage on North
Second Avenue, containing 7,583 square feet or .17 acres, more
particularly described in Exhibit "A" and as shown on Exhibit "B",
attached hereto and incorporated herein by reference as if set
forth in full. Lessor further agrees to lease to Lessee in
addition to the above described parcel, the street right of way
being the northeast corner of Lot 2 per Map 1603 of Clare Haven
Subdivision.
'2. USE OF PREMISES. Lessee agrees to use said larger
parcel of the total premises solely and exclusively for the
purpose of erecting a permanent identification sign for their
campground operation known as Kampgrounds of America (KOA). Said
sign shall be in conformance with the zoning requirements of the
City of Chula vista. The street right of way shall be used as a
private street and entrance to the KOA operation and the parcel to
the north thereof shall be used solely and exclusively for land-
scaping with no structure of any kind to be allowed.
3. LANDSCAPING OF PREMISES. Lessee agrees to landscape
all of said premises within thirty (30) days of the execution of
this lease in accordance with the landscape plan to be approved by
the Landscape Architect of the City of Chula vista. Lessee
further agrees to maintain said premises for the duration of this
lease in good and proper order and to clean and maintain the
street right of way listed herein.
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R-10764
4. TERM OF LEASE. The term of this lease shall be for a
period of ten (10) years commencing on January 1, 1982. It is
further understood and agreed that Lessor hereby grants to Lessee
at the end of the term of said lease the right of first refusal
for the purchase of said property at the appraisal price arrived
at at that time. Lessee shall also have the right of first
refusal for any additional lease period that may be contemplated
at the time. Lessee may at any time during the term of this lease
propose to the City the purchase of the major parcel located south
of the street right of way at a price to be determined by an
M.A.I. appraisal. Lessee shall have no option rights in regard to
the street right of way or the small parcel northerly thereof.
5. RENT PAYMENTS. Lessee agrees to pay the rent payment
of ONE THOUSAND DOLLARS ($1,000) per calendar year commencing in
the calendar year beginning January 1, 1982 for the larger parcel
southerly of the street right of way and TWO HUNDRED DOLLARS
($200) per calendar year commencing in the calendar year beginning
January 1, 1982 for the street right of way and the parcel nor-
therly thereof. Said rent shall be made in two equal installments
of SIX HUNDRED DOLLARS ($600) each due and payable on January 1
and July 1 of each year of said lease provided that the first
payment for the period commencing January 1, 1982 shall be payable
within thirty (30) days of the execution of this lease and pro-
rated to account for the actual commencement of the lease period
upon the execution of this lease.
6. INSuRANCE. Lessee further agrees to carry sufficient
insurance to cover any liability arising from the use of said pro-
perty, which insurance requirement may be satisfied by inclusion
of the property within the coverage maintained by Lessee for the
campground operation. The insurance shall be subject to the
approval of the City Attorney of the City of Chula Vista.
7. TERMINATION. Lessor and Lessee reserve the right to
terminate this lease agreement upon written notice to either party
not less than thirty (30) days from the date of termination. The
lease shall terminate at the option of Lessor for failure to pay
rent within ten (10) days from the due date without notice.
Lessor shall have the right of termination upon ten (10) days
written notice for failure to properly maintain the landscaping.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be exeucted the day and year first hereinabove set
forth.
THE CITY
ill rnUf?ll
ity of Chula
KAMPGROUNDS OF AMERICA
;7~ /$41
Ted Bell, Presldent
,~
Approved as to form by
#~.{~~t:#/c'-~
.Y
City Attorney
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EXHIBIT
A
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LEGAL DESCRIPTION OF EXCESS CITY PROPERTY-
EAST OF NORTH SECOND AVENUE AND
NORTH OF VISTA HILL FOUNDATIW
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All those portions of Lots 1 and 2 of Clare Haven, in the City of Chula
Vista, County of San Diego, State of California, according to the Map thereof,
No. 1603, filed in the Office of the County Recorder of said County,
October 14, 1913, being also a portion of Quarter Section 135 of Rancho de
la Nacion according the Map thereof No. 166 filed in said Recorder's office
May 11, 1869 and further described as follows:
BEGINNING at the Northeasterl~ corner of Lot 2 of Clare Haven according to
Map No. 1603, thence South 43 10'00" East 79.10 feet; thence South 28050'00"
East 59.42 feet to the easterly line of Quarter Section 135, Rancho de la Nacion,
according to the Map thereof made by Morsill, No. 166 filed in the Office
of sai d County Recorder; thence South 70 58' 08" Hest (South 71 001' Hest per
quitclaim deed to Vista Hill Pychiatric Foundation filed in the Office of
the County Recorder, as File and PageNo.77-052934recorded 2-11-77) 47.86
feet to the TRUE POINT OF BEGINNING; thence continuing South 70058'08" West
120.74 feet to the easterly line of North Second Avenue as dedicated and
named by the City of Chula Vista per document recorded in said County as File
and Page No. 80-007653, recorded 1-8-80; thence northerly along the non-tangent
curve also being the easterly right-of-way line of North Second Avenue as
dedicated and named in said document; the center of said curve bears North
80020'16" West through a central angle of 8032'19" a distance of 64.08 feet
to a tangent curve concave sourheasterly; thence through a central angle of
78023'01" a distance of 30.10 feet to a point on the southerly line of a parcel
relinquished by the State of California to the City of Chula Vista per document
filed in the Office of the County Recorder in said County as File and Page No.
79-365621 recorded August 30, 1979; thence tangent to said curve North 79030'26"
East (also being the southerly line of said parcel relinquished by the State
to the City of Chula Vista) 84.01 feet to the westerly line of a slope easement
abandoned by the State per document filed in the Office of the County Recorder
as File/Page No. 80-007794; recorded January 8, 1980; thence southerly along
the westerly lj~e 0f said sloop easement along d non-tangent curve concave
westerly, the center of which bears South 75017'18" West through a central
angle of 15019'28" a distance of 61.52 feet to the TRUE POINT OF BEGINNING.
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