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HomeMy WebLinkAboutReso 1980-10267 RESOLUTION NO. 10267 Form No. 342 Rev. 2/76 RESOLUTION OF THE CITY COUNCIL OF-~E CI~Y OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ROBERT J. CLARK, SR. dba "KNUCKLEBUSTERS AUTO REPAIR" FOR USE OF TENANT LEASE SPACE, 359 THIRD AVENUE 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 that that certain agr~ement between THE CITY OF CHULA VISTA, a municipal corporation, and ROBERT J. CLARK, SR. dba "KNUCKLEBUSTERS AUTO REPAIR" for use of tenant lease space, 359 Third Avenue dated the 23rd day of September , 19 80 , 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 /) ~ c\ Ii II "" , ..",.-. ,/t-.,>----. , ~ I r / I Attdy John P. Lippitt, City Engineer George D. Lindberg, City ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of September , 19 80 , by AYES: Councilmen McCandliss, Scott, Gillow, Hyde, Cox NAYES: Councilmen None ABSENT: Councilmen None \ " -, ) . t., ; ,.1 ,./ I.. L,.. , ' " -' \.__.-_.'-.....,,~ t.. l~Ji!<'t~ 'l Mayor of the City of C4ula /; ,/ ...... ATTE# 71-- /<<> / ://1 JiL~-y // C1ty Clerk ~ 1/ Vista STATE OF CALIFORNIA) COU~rY OF SAN DIEGO) SSe CITY OF CHULA VISTA) I, of Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED , City Clerk of the City that the above is a full, , and that the same has City Clerk _..-'-....' AGREEMENT FOR USE OF TENANT LEASE SPACE 359 THIRD AVENUE - September municipal CLARK, SR. "Lessee"; THIS AGREEMENT, made and entered into this 23rd day of , 1980, by and between THE CITY OF CHULA VISTA, a corporation, hereinafter called "City", and ROBERT J. dba "Knuckle busters Auto Repair", hereinafter called WIT N E SSE T H : ---------- WHEREAS, City proposes to construct a storm drain facility through property owned by Tom and Sherry K. Money located at 359 Third Avenue, being a portion of San Diego County Assessors Parcel Number 568-350-29, within a drainage easement granted by owners, and WHEREAS, owners have leased said property to Robert J. Clark, Sr. dba "Knucklebusters Auto Repair", who have in turn subleased a portion of the garage to Jose N. Barragan and Floyd E. Hardesty dba "Chula Vista Brakes and Drums", and WHEREAS, it is now necessary to enter into an agreement with Lessee to provide terms and conditions for the conduct of sublessee's business during the period of construction of the storm drain, which terms and conditions have been approved by the owner. NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. That upon ten (10) days notice "Chula Vista Brakes and Drums" will move from their present occupied space to space outside of the easement area to be furnished by Lessee. 2. The City will provide six (6) parking stalls in the public parking lot adjacent to the garage during the period of construction through the garage property. 3. The City, through their contract documents, will require the contractor for the storm drain facility to place temporary fencing across the building, on the easement line, to provide building security. 4. The City will pay to Lessee the sum of nine dollars ($9.00) a day for each day that "Chula Vista Brakes and Drums" occupies that space furnished by Lessee as a result of the construction of the storm drain facility through the garage space; the nine dollars a day being full compensation for the loss to the Lessee of the working area now being used by "Chula Vista Brakes and Drums". 5. The payment of nine dollars ($9.00) a day will cease at the time that the garage space working area is restored for use, whether or not "Chula Vista Brakes and Drums" reoccupies the working area. IN WITNESSS THEREOF, the parties hereto have executed this agreement the day and year first above written. THE CITY OF CHULA VISTA Vista ATTE __'~/. //. City Ie k ~ Appfoved as to form by /!c/ ~ '~y / >/:~--:. //~ -"A ! ../ "- v' // .L" ~$__..~4,,-~ " \ / ~:::r ~,;<::-- /'1''--, '-:O-~~~ - L--''' 1'-'f;:';~ 'City Attorney - {<.-J02,.fol ,', .{ :; fr 47.1 ~- ;~/ i/~ J