HomeMy WebLinkAboutReso 1989-15315 RESOLUTION NO. 15315
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND HUBERT A. CHRISTENSEN AND MARGARET SCOTT-BLAIR,
OWNERS OF 311 F STREET, CHULA VISTA, CALIFORNIA
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 agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and HUBERT A.
CHRISTENSEN and MARGARET SCOTT-BLAIR, owners of 311 F Street, Chula
Vista, California
dated the 26 day of September , 1989, a copy of which is
attached hereto and incorporated herein, the same as though fully
~ 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
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' E. R.~/'Asmu~, Assistant City mas J~JHa~o~, City Attorney
City Attorney
Q374a
Resolution 15315
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of September, 1989 by the following vote:
AYES: Councilmembers: Malcolm, McCandliss, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
· Gr~~ R. Cox, Magor
ATTEST
Beverly ~ AGtheYe~, Cit/yz~dk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15315 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 26th day of
September, 1989.
Executed this 27th day of September,1989.
Beverly ~. Authelet, City Clerk
LB~S/BITWBNll TaB CITY OF CHULA VISTA AND
HUBaRT A, CBIXSTNNSNN AND NARGARBT SCOTT-BLAIR,
OWMIR8 OF 311 · 8TitIIT, CBULA VISTA, CA.
This Lease made and executed, this 26~h day of September,
19d9 between Hubert A. Christensen and Margaret Scott-Blair, ':
owners (Christensen, Scott-Blair Properties) 376. Center
#350, Chula Vista, California 92010, hereinafter designated the
Lessor, and The City of Chula Vista, a municipal corporation,
hereinafter designated the Lessee.
WITNBBSETHx
That for and in consideration of the covenants
hereinafter mentioned, including the rules and regulations of the
building which are hereinafter set forth and hereby made a part
of this lease, and because of the personal confidence reposed by
the Lessor in the Lessee, the Lessor hereby leases to the Lessee
the premises known as 311 F Street, Chula Vista, California 92010.
The property is to used by. LeSsee for recreational
activities presently held at Norman Park Center. and/or office'
purposes and/or sublease to the County of San Diego {or .:
governmental purposes, for the term of one (1) year commencing on
the first of October, 1929 and ending on the 30th day 'of ,~'
September, 1990. Lessee shall have four (4) ninety (90) day
options to renew the lease for a total of one (1) additional
year,
FIRST= The Lessee agrees to pay as rent for said
leased p'remises, Five ~housand Hine Hundred and Hinety-F~vo
Dollars ($5,995.00) per month and that shall remain the amount
due Lessor throughout the term 0f. this lease and the option.
periods. Bach installment shall be payable in advance on the
first day of each and every calendar month during the term hereof
in United States lawful money, at the office of 'the'building or
such other place as the Lessor may designate, the first and last
monthly installments of rent being due and payable upon the
acceptance ¢f this lease.
SECOND= The Lessee agrees not to mortgage, assign or
sublet (with the exception of a sublet to the County of San
Diego) this lease or the leased premises or any part thereof
without the written consent of the Lessor.
THIRD= At least thirty days oafore the termination of
the Lessee's tenancy, the Lessee shall give to the lessor a
written notice of whether Lessee chooses to exercise its' option
to extend t~..~ lease. Lessee shall give the same notice' prior to
the expiration of any o~ the option-periods if it chooses' to
extend again.
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FOURTH:. ShoUld default be made in the payment of any
of the rents or other moneys provided to be paid hereunder, as
and when the 8amp become duo, or should the Lessee Or any of the
Lessee's officers, agents or employees violate any of the terms
or conditions of this lease or any of the rules or regulations of
the building as heroinafter set ~ortll, or should the Lessee move
out, vacate or abandon such leased premises or any part thereof,
the Lessor may at the Lessor's option, after giving proper
notice, re-enter and take possession of said premises, remove the
Lessee's signs and property therefrom, place the Lessee's said
property in storage in a public warehouse at the expense and risk
of the Lessee~ make any repairs, changes, alterations or
additions in or to said premises which may be necessary or
convenient, re-let said premises, or any part thereof, on such
terms, conditions and rentals as the Lessor may deem proper, and
the Lessor may~ at the Lessor~s option, either terminate and
cancel this lease Or the Lessor may apply the proceeds that may
De collected from said re-letting, less the expense of so doing,
upon the rent to be paid by the Lessee, and hold the Lessee for
any balance that may be due under said lease.
FIFTE: Any major renovation to the interior must be
repaired Dy t~e Lessee upon termination of this lease. This
building must be ~ettlrned to the Lessors in substantially the
same condition as it is at acceptance of the lease and it must be
· lease ready" for the next tenant.
Notwithstanding the above, Lessee shall have the right
to remove the partitions in the front part of the building
without replacing them. Lessee may remove the carpet, but must
place it back in a comparable condition at the termination of the
lease. Lessee may install a ramp at the front entrance to make
it accessible to wheel chairs,
SIXTB~ If the btlilding or the above described
premises the destroyed, or be damaged by fire, earthquake or
from any cause whatsoever so that said premises become
untenantaole and are not made tenantable within sixty days from
the date of the injury, then this lease may be term.lasted by
either party; but in vase the premises are so damaged as not to
require a termination of the lease as above provided, the Lessee
shall not pay the rent heroin specified during the time that the
premise are unfit for occupancy.
SEVENTHs Lessee will pay all utilities~ trash service
and ifltc~Tei"F-F-~,.~nJ, ng end will maintain electrical fixtures
(light bulbs and f])[escent tubes). All other maintenance of the
bullding~ plumbing~ electrical, heating/air-conditioner and
exterior for repairs not caused by misuse or negligence shall be
the hessor's ~esponmlD~ty,
EZGHTHz The Lessor shall not be liable and the Lessee
hereby v~ves all claims ~ot damage that may be caused by the
Lessor in re-entering and taking possession or the premises as
herein providedr end ell claims lot damages that may result ~tom
the destruction o~ st injury .to the premises st building, The
Lessor shall not# in any even~e be liable ~or any lossw
damage or injury to the property or person oZ the Lessee, or any
occupant o~ said premises: except as provided by law,
HINTHt The Lessor tapresents that the plumbing is in
good repair, Lessor shall not be liable to the Lessee ~ot
damages for de[acts unknown to the Lessor, The Lessee agrees to
pay for all damages to the building as well as all damage to the
tenants or occupants thereel caused by the Lessee*s misuse or
neglect o~ said leased premises: its apparatus or appurtenances,
TENTHI The Lessor reserves and shall at any and all
times have the tight to enter said.leased premises upon proper
notice and with the condition that Lessor not'unreasonably
interfere with Lessaces use o~'the premises in order to alter
repair the said building o~ which the said leased premises are a
party, or add thereto, without abatement Zot tent, and may
that purpose erect sca~Zolding and all other necessary structures,
ELEVENTHs In the case ell.any litigation as a result
o~ this lease, the prevailing party shall be entitled to recover
reasonable attorney*s lees to be ~ixed by the court,
~'dELFTH: The words aLessore and aLessees as used
herein, include, apply to, and bind and benefit the heirs,
executors, administrators and successors to the Lessor and
Lessee. No waiver o~ the tight to forfeiture oZ this lease or
re-entry upon breach o~ any o£ the conditions thereo~, shall be
deemed a waiver oE such tight upon any subsequent breach o~ such
or any other condition,
TBIRTEENTHt A waiver o~ any right or the default or
breach o~ any term, covenant or condition hereo~ shall not be
deemed a waiver o~ such right st o~ the obligation o~ the Lessee
to perfor~ and fully comply with any such term, covenant
condition at any subsequent time or o~ any other condition.
LESSEE- THS Cz OF CHULA VISTA LESSOR:
Nav~;'o~ ~ City of'Chula Chr.stensen
Approved as to form by