HomeMy WebLinkAboutReso 1989-14138 RESOLUTION NO. 14138
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING LEASE AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND WOODLAWN PARK CIVIC LEAGUE, INC. FOR USE
OF COMMERCIAL OFFICE SPACE FOR THE WOODLAWN PARK
LIBRARY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, On December 20, 1988, the City Council approved
Resolution 13905 accepting responsibility as successor agency to
operate two San Diego County branch libraries in the Montgomery
annexed area, and
WHEREAS, the Woodlawn Park Library has been located at
115 Spruce Road for many years and staff desires to continue
operating the branch library at this location and recommends
entering into a two-year lease for the property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain lease agreement between
THE CITY OF CHULA VISTA, a municipal corporation, and WOODLAWN
PARK CIVIC LEAGUE, INC. for use of commercial office space for
the Woodlawn Park Library, dated the 8th day of June, 1989, 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
T omas J~~A
,~brary Director , ttorney
5808a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
tULA VISTA, CALIFORNIA, this 20th day of June
19 ~9 , by the following vote, to-wit:
AYES: Councilmembers Cox, Moore, Malcolm, McCandliss, Nader
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Councilmembers None
~th~e"Ci~yc~f Chulo Vista
ATTEST~ ~' ~
City Clerk
\TE OF CALIFORNIA )
~uUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M, FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION N0. 14~.38 ,and that the same has not been amended or repealed
DATE D.
City Clerk
CC-660
LEASE AGREEMENT
This lease agrecment, made and entered in this 8th day
of . June , 1989 by and between the Woodlawn Park Civ~
L~[Ag~hereinafter referred to as "Lessor" and the City of
Chula Vieta,a Charter City in the State of California,
heroinafter referred to as "City" whereby the parties hereto
agree as follows=
1. ~]J~. The Lessor hereby leases to the City that
portion of the real property situated in the City of Chula Vista,
County of San Diego, commonly known esz
3&~j~L_~.~2~jl, consisting ofz See Addendum "A".
2. ~. This lease agreement shall be
administered on behalf of the City by the Library Director or
designated representative Of the Library Director of the City of
Chula Vista. .
3. NOTICE.' Any notice or notices provided by this lease or
required by law to be given or served upon either party may be
given or eerve~by depositing the same in the United States Mail,
postage prepaid addressed to the Lessor atg ~15 SDI~/Ce Road
~hula~ieta CA 92011 and addressed to the City at:
Chula Vista Public Library, 365 F Street Chula Vista california
92010, attestlong Library Director, or said notices may be
personally served upon the Lessor or the City at the address
shown or to such other address as Lessor or City may subsequently
specify in writing.
4. TERM. The term of this Lease is 24 months commencing on
~4ly__1_,1989 and terminating on
The city shall have an option to extend ~his Lease upon the
expiration thereof for ~ additional periods of twelve months
each upon the same terms and conditions as stated heroin. ~uch
option shall be exercised by the Cityby giving written notice of
intent to exercise option at least 30 days in advance of the
normal expiration of thi~ lease or of each succeeding extension
thereof.
5. RENT. The rent to the Lessor shall be ~197.00 (One
hundred ninety-seven) per month and shall be paid by the City on
the first of the month next following the month in which such
rental was earned, except that if the first day of the term shall
not be the first of the month, rent shall be ~pprcpriately
prorated. Rent shall be paid to the Lessor at the following
address~ 115 Spruce Road, Chula Vista CA 92011
Beginning July
~. COST OF LYVIN~ A~USTMENT. 1, 1991 and
for each succeeding twelve month period, the Cmonthly rental
provided for above shall be adjusted ~o reflect any increase or
decreasein the purchasing power of the dollar by the use of the "
following formula~ R m $197.00 (1 0.50[B/-1]) wherein R
equals the adjusted month1 rental for each month of the "'.
odl B equals the average monthly
consumer price index as heroin defined for the first full
calendar quarter immediately preceding the commencement of the
twenty-four month period for which the adjusted monthly rental ie
being computed~ C equals the average monthly consumer price index
as herein defined' for the first full calendar quarter immediately
preceding the commencement of the term of this lease.
The 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, Bureau of labor Statistics, Consumer Price
Index for the Los Angeles Metropolitan Area, Wage Earners Index
' 7, ~. The' lessor Shall pay for all utilities
necessary for the.use and enjoyment by the City of the demised
premises. IThe lessor shall provide trash service and trash bins
on the premises for use by the City.
S, -la~.' The City shall be responsible for liability
arising]from. the City~e use of the demised premises that are
exclusively refuse and under control of the City and for City
property and improvements within the demised premises occupied by
the City. The Lessor shall be required to insure the structure,
and shall maintain public liability insurance including bodily
injury and property damage for areas used in common such as, but
not limited to p'arking areas adjacent to the demised premises.
The lessor shall provide evidence of $500,000.00 public liability
insurance in.the.form of a Certificate of Insurance and Policy
Endorsement which names the City of Chula Vista as additional
insured to the.City Clerk at 276 Fourth Ave. Chula Vista CA
92010° ~
9. CITY'S PERMITTED USES. It is the intention of the City
to occupy and use the demised premises for a branch City library
but the City reserves the right to occupy and use the demised
premises for any other proper governmental purpose.
10. REPAIRS. The Lessor shall,-'at his sole expense,
provide all exterior maintenance and all structural repair
including but not limited to exterior painting and roofing. The
Lessor shall,, at ;his sole expense further provide major
maintenance and repairs costing over $300.00 to all heating,
ventilation,. air-conditioning,. cooling, plumbing, water supply,
sewer and electrical equipment, and do so in a timely manner.
11. ~C~. The Lessor shall provide sll necessary
Janitorial services within the demised premises. The Lessor at
his sole expense shall maintain the parking area, exterior
lighting and landscaping.
12. INSTALIATION AND ALTERATION. The City may install any
and all equipment and fixtures necessary or desirable for the
City's use of the demised premises, but shall. mare no permanent
alterations or ~dditions to said demised premises without the
written consent of the Lessor. All such equipment and fixtures
installed by the City shall remain the property of the City and
may be removed at or before the termination of this lease or
extension thereof~ and any damage to the demised premises
occasioned by such in~tallation and/or removal shall be repaired
by the City upon. request by the lessor. The Lessor shall make
13o P,_.E~LTa~.. The City will be provided with unrestricted
icess4to the parking areas during normal business hours.
I . I~J~. The City shall be permitted to place
such signs as are necessal7 on the front of the demised premises.
15. Z~J~. The lessor shall permit the City to
p ace a bookdrop and access to it, in the parking lot.
16. DAMAGE OR DESTRUCTION. In the event that the demised
premises should be partially damaged by fire or any other cause
during the termof this lease or extensions thereof, other than
through the fault of negligence of the City, repairs shall be
dispatch and the City shall be allowed a reduction .of rent in
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premises. Such reduction of rent shall continue during the time
required for the lessor to make such repairs. If in the opinion
of the City the City can continue to use end 'occupy the demised
premises without substantial inconvenience there shall be no
reduction of rent. In the event the damage by fire or other
cause other than through the fault or negligence of the City
amounts to the substantial destruction of the demised premises,
days following said destructions if the lease agreement' is not so
terminated, the City shall not be liable for any rent until
repairs and reconstruction have been made by the Lessor to the
satisfaction 'of the City. If the demised premises are
City, this lease shell not terminate and it shall be the
obligation of the City, at its sole expense, to reconstruct or
17. ~2/~. The lessor for himself, his heirs,
repair said demised premises.
erases, successors, agents or assignees covenants end agrees
hat the City upon paymen~ c= the rent and compliance with 811
lessor, his heirs, devises, euccaesorl! agents or assignees. The
lessor has and reserves the right at e~y reasonable tim~ to enter
upon the demised prefixes telaspect or to perform uny obligation
imposed by this lease. but in so entering, shall conduct himself
so as to minimally in~erfere with the City~s use and enjoyment of
the demised premises.
18. ~. Any holding o~er by the City after the
e~piration of the term of this lease shall be construed to be a
tenancy from month-to-month at ~he monthly rental specified
herein and on the terms and conditionB herein specified so far aa
the same may be applicable. Such holding over shall include