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HomeMy WebLinkAboutReso 1980-10041RESOLUTION N0. 10041 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO AGREEMENT .BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR JOINT USE OF CITY OF CHULA VISTA FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain First Amendment to Agreement between THE COUNTY OF SAN DIEGO and THE CITY OF CHULA VISTA for joint use of City of Chula Vista facilities, dated the 25th day of March 1980, 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 First Amendment to Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~- ~ ~ Lane F. Cole, City Mana ~ George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COL'PICIL of the CITY OF CHULA VISTA, CALIFORNIA, this 25th day of March , 198 0 , by the following vote, to-wit: AYES: Councilmen Hyde, McCandliss, Scott, Gillow, Cox NAYES: Councilmen None ABSEIIT: Councilmen None ,~. ~ l~ y,dt~ Mayor of the City of Chula Vista ATTEST itv Cler STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CfiULA VISTA) I, , City Clerk 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CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed.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 ~'ica5(: 1~CZUf'i I0: -g~. o?. '~ ..:~ 1087 FIRST AMENDMENT TO AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR JOINT USE OF CITY GF CHULA VISTA FACILITIES • THIS FIRST AMENDMENT TO AGREEMENT, n;ade aril entered in this 25th day of March 1980, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", 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: W I T N E S S E T H WHEREAS, Lessor and County entered into an Agreement on May 27, 1975, known as County of San Diego Contract No. 9036-5350-E, for joint use of that certain real property known as that portion of the "Civic Center" known as the "Council Chambers" as well as those additional facilities as shown on Exhibit "A" to said Agreement, as well as the City's jail facilities as described in said Agreement; and WHEREAS, the parties hereto are desirous of amending said Agreement in order to extend the term and increase the rent. NOW, THEREFORE, it is mutually agreed as follows: 1. Clause 3 of said Lease Agreement, entitled TERM is hereby amended to read as follows: "3. TERM. The term of this Agreement is (6) six years, commencing July 1, 1975 and terminating June 30,1981." COUNTY CONTRI~CT NUMBER~%/J3-- h~35-D~ ,~~ /C~ U SCI -z- 2. Clause 5(a) of said Lease Agreement, entitled RENT, is hereby amended to read as follows: "5(a). RENT. The rent reserved to City shall be in accordance with the following schedule: From To Rent per Month July 1, 1975 June 30,1976 $116.00 July 1,, 1976 June 30,1977 $122.97 July 1, 1977 June 30,1978 $132.24 ,July 1,1978 June 30,1979 $142.00 July 1,1979 June 30,1980 $167.00 July 1,1980 June 30,1981 $550.00 Rent shall be payable in arrears on the first day of the month following the month in which rental was earned during the term, except that if the 1st day of the term shall not be the 1st day of the month, the rental for the portion of the term occurring in the first and last calendar months of the terms shall be appropriately prorated. Installments of rent shall be paid at the office of City's Treasurer. 3. Clause 5(b) of said Lease Agreement, entitled COST OF LIVING ADJUSTMENT, is hereby amended to read as follows: "5(b). COST OF LIVING ADJUSTMENT. Beginning with any period of HOLDING OVER as set forth in Clause 4 herein, and for any succeeding twelve month period, the monthly rental provided for above shall be adjusted (but in no event to an amount less than $550.00) to reflect any increase or decrease in the purchasing power of the dollar following June 30, 1980. by use of the following formula: ~d~, ~ R = $sso x B 1 G -3- WHEREIN, R equals the adjusted monthly rental for each month of the particular twelve (12) month period; B equals the average monthly consumer price index as hereinafter defined for the first full calendar quarter immediately preceding the commencement of the twelve (12) month period for which the adjusted monthly rental is being computed; and C equals the average monthly consumer price index as herein defined for the calendar quarter April, May and June, 1980. i'he consumer price index, which shall be used as the source for such index numbers, shall be that published by the United States Department of Labor, titled United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers, for the San Diego area (1967 = 100). In the event that such index is not published for the San Diego area, then another, comparable index or source of such information generally recognized as authori- tative shall be substituted by agreement of the parties. If the parties should not agree, such source of information shall be determined by arbitration pursuant to the provisions of the California Code of Civil Procedure. 4. (a) REPAIRS. City shall provide, at its sole expense, all interior and exterior repairs and maintenance required at the Described Premises, except the County shall make, at its sole expense, all repairs which are caused by want of ordinary care by the County or Municipal Court, their officers, employees, agents, or persons using the Described Premises to conduct business with County or the Municipal Court. ~~oyl -4- (b) RESTORATION OF CITY PROPERTY. City proposes to remodel City Hall Building restrooms during the term of County's occupancy. Any damage caused by County's officers, employees, agents or persons using the Described Premises to conduct business with County or the Municipal Court, shall be restored by County at its sole expense, so that said restrooms shall be left in as good condition at the time of County's termination of occupancy as the said restrooms were upon the completion of the remodeling by City, except for ordinary wear and tear attributable to use for the period of occupancy by the County. 5. This First Amendment to Lease Agreement shall be effec- tive and binding on all parties hereto commencing on the date first above written. 6. Except as hereinabove amended, said Lease Agreement shall continue. in full force and effect in all particulars. IN WITNESS WHEREOF, the parties hereto have set their hands on the date first above written. CITY OF CHULA VISTA, a municipal corporation, BY V ~J NIX ~('~'7-Q~.P Mayor of the City of Ch a Vista COUNTY OF SAN DIEGO, a political subdivision of the State of California, eeed end/or autlwrized by the Bold ' d Superviwn of the County of Sen Oie~o JUN 1'7 1980 BY C erk, Board of Supervisors ~b~ ~ ~~~~~.~ fzervisw