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HomeMy WebLinkAboutReso 1989-14139 RESOLUTION NO. 14139 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JOSEPH G. & YVONNE T. QUIN FOR USE OF COMMERCIAL OFFICE SPACE FOR THE CASTLE PARK/OTAY BRANCH 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 Castle Park/Otay Library has been located at 1592 Third Avenue 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 JOSEPH G. AND YVONNE T. QUIN, for use of commercial office space for the Castle Park/Otay Library, dated the 6th 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 Rosemary Director i~omas J.~on, City Attorney 5809a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~ULA VISTA, CALIFORNIA, this 20th day of June 19 Fi9 , by the following vote, to-wit: AYES: Councilmembers Cox, Moore, Malcolm, McCandliss, Nader NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci linetubers None t~ ~i~ of Chula Vista ATTEST~ ~' ~ City Clerk ~TE OF CALIFORNIA ) [,~JUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, ~r~ HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of ~SOLUTION N0. 14139 ,and that the same has not been amend,jar repealed DATED City Clerk CC-660 LEASE AGREEMENT This lease agreement, made and entered in this 6th day of June . 1989 by and between JgJ~Ph G. & Yvonne T. Ouin heroinafter referred to as "Lessors and the City of Chula Vista, a Charter City in the State of California, heroinafter referred to as "City" whereby the parties hereto agree as follows: 1. ~. 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 as: 1592 3rd. Avenue Ste. A&B chula Vista California 92011, consisting of= aDuroxim~telv 1720 souare feet o[ commercial space See diagram, Addendum 2. ~. This lease agreement shall be administered on behalf of the City by the Librar~ Director or designated representative of the Librar~ Director of the city of Chula Vista.. 3. KQrL~3L Any notice or notices provided by this lease required by law to be given or served upon either party may be given or served by depositing the same in the United States Mail, postage prepaid addressed to the Lessor at: 431 3rd. Ave. San Dieao CA 92101 and addressed to the City atz Chula Vista Public Library, 365 F Street Chula Vista california 920~0, attentionz Library Director, or said notices may be personally served upon the Lessor or the City at the addr~Js shown or to such other address as Lessor or City may subsequently specify in writing. 4. TERM. I The term of this Lease is 24 months commencing on ~Ll3~l_,1989 and terminating on The city shall have an option to extend this Lease upon the expiration thereof for five additional periods of ~ months each upon the same 'terms and conditions as stated heroin. Such option shall be exercised by the City by giving written notice of intent to exercise option at least 30 days in advance of the normal expiration of this lease or of each succeeding extension thereof. 5. RENT. The rent to the Lessor shall be ~1700.00 (One thousand seven hundred dollars ) per month and shall be paid by the City on the first bE 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 appropriately prorated. Rent shall be paid to the Lessor at the following addres~ 431 3rd. Ave. San Diego CA 92101 6. COST OF LIVING ADJUSTMENT. Beginning July 1, 1991 ~nd for each succeeding twelve month period, the monthly rental provided for above shall be adjusted to reflect any increase or decrease in ~hs purchasing power of the dollar by the use of the following formula~ R - $1700.00 (1 + 0.50[B/C-1]) wherein R equals the adjusted monthly rental ~or each month of the particular twelve month period~ B equals the average monthly consumer price index as heroin defined for the ~irst full calendar quarter immediately preceding the commencement of the twenty-four month period for which the adjusted monthly rental is being computed~ C equals the average monthly consumer price index as heroin 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. ES~JJ~. The City shall pay for all utilities that are for the exclusive use of the City and for which separate meters exist except water end sewer which shall be paid by the Lessor. The Lessor shall provide trash service and trash bins on the premises for use by the City. 8. X~. :The City shall be responsible for liability arising from the City's use of the demised. premises that are exclusively for use 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 shell maintain public liability insurance including bodily injury and property damage for areas used in common such as, but not limited to. parking areas adjacent to the demised premises. The Lessor shall provide evidence of $1 million 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 preplees 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. REP~. . The Lessor shall, at his sole expense, preyAdo all exterXor 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 in a timely manner. 11. ~a~..The City shall provide all necessarl~ Janitorial services and minor maintenance within the demised premises. The Lessor at his sole expense shall maintain the parking area, exterior lighting and landscaping. 12. INSTALLATION ANO ALTERATION. The City may install any and all equipment and fixtures necessary or desirable for the City's use of the demised premises, b~lt shall make no permanent alterations or additions to said demises premises without the written c~neent of the Lessor. All such equipment and fixtures installed by ~he City shall remain the property of the City and may be removed at or befure the termination of this lease or extension thereof, and nny damage to the demised premises occasioned by such installation and/or removal shall be repaired by the City upon request by the Lessor. The Lessor shall make any necessary alterations to meet the requirements of fire ~1 regulations. .=. 13. '~PJ~BZKIKG~!~v~The City will be provided with unrestricted access to the parking areas during normal business hours. 14. ~. The City shall be permitted to place such signs as are necessal7 on the front of the demised premises. 15. ~~. The Lessor shall permit the City to place a bookdrop and access to it, in the parking lot. 16. DAMAGE ORDESTRUCTIOH. In the event that the demised premises should be partially damaged by fire or any other cause during the term of this lease or extensions thereof, other than through the fault of negligence of the City, repairs shall be made by the Lessor at his sole expense, and with all reasonable dispatch and the City shall be allowed a reduction of rent in proportion to=he ratio of the damaged area to ~he entire demised 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 and occupy the demised ~:~emises without substantial inconvenience there shall be no reduction of rent. - In ~he event the damage by fire or other cause other than through the fault or negligence of ~e City amounts to the s~tbstantial destruction of the demised premises, this lease agreement may be terminated by either party at Ate option by giving notice of intention to the other party within 30 days following said destruction~ 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 substantially damaged or destroyed through the fault or negligence of the City, its officers, employees or persons on the demised premises for the purpose of transacting business with the City, this lease shall not terminate and it shall be the obligation of the City, at its sole expense, to reconstruct or repair said demised premises. 17. ~' . The Lessor for himself, his heirs, devises, luccessors~ agents or assignees covenants and agrees that the city upon payment of the rent and compliance with all the terms and conditions of this lease may lawfully, peacefully and quietly have,=hold, use, occup~ and enjoy the demised premises and each par~ thereof during the term of this lease of extension thereof without hindrance or interruption from the Lessor, his heirs~ devises, successors, agents or assignees. The Lessor has and reserves the right at any reasonable time to enter upon the demised premises to inspect or to perform any obligation imposed by this lease, but in so entering, ~hull canduct himself so as to mi~im~11y in~erfere with the City's use and enjoyment of the demised 18. ~t~/aIJi~_~ZP~. Any holding ovor by the City after the expiration of the term of this lease shall be construed to be a tenancy from month-to-month at the monthl~ rental specified herein and on the terms and co~ditions herein specified so far as the same may be applicable. Such holding over shall include any time required by the City to remove its equipment and fixtures and repair the premises as hereinbefore specified. . DEFAULT ENTIRE LEASE