HomeMy WebLinkAboutReso 1978-9262Form No. 342
~. - Rev. 2/76
~ ' °.)
RESOLUTION NO. ~~•~~
RESOLUTION OF THE CITY COUNCIL OF°'~iE`C3TY OF CHULA
VIS A, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISA AND BOYS' CLUB OF CHULA VISTA AND GIRLS' CLUB OF
CHULA VISTA FOR LEASE OF PROPERTY IN GREG ROGERS PARK
ANDAUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The~City Council of the City of Chula Vista does hereby
resoly as fo lows:
NOWT THEREFORE, BE IT RESOLVED that that certain agrQement
betw~e THE C TY OF CHULA VISTA, a municipal corporation, and
BOYS' LUB OF CHULA VISTA and GIRLS' CLUB OF CHULA VISTA, for lease
of pro erty i~ Greg Rogers Park
dated he 5TH
which s atta
fully et for
Vista
agree
day of SEPTEMBER 19~, a copy of
~d hereto and incorporated herein, the same as though
herein be, and the same is hereby approved.
BE ~T FURTHER RESOLVED that the Mayor of the City of Chula
and he is hereby authorized and directed to execute said
t for~;and on behalf of the City of Chula Vista.
Presented by
Emerso Hall, Director of Parks
and Re reatio
Approved as to form by
George D. Lindberg, City Attorney
ADO TED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFO IA, this 5TH day of SFPT MT'~FR ~ lg~_~ by
AYES: Councilmen HYDE. GILLOW. SCOTT COX. EGDAH
NAYES: Councilmen NON
ABSENT: Councilmen (~OI~F
i
~~ ~ ~
~ j Mayor of the City of Chu Vista
ATTES
ty C
STATE F CALI ORNIA)
COUNTY OF SAN DIEGO) ss .
CITY O CHUL VISTA)
I, , City Clerk of the City
of Ch la Vista, California DO HEREBY CE ~.~' ,that the above is a full,
true nd correct copy of Resolution No. ~~%~'~ and that the same has
not b en amended or repealed. DATED
City Clerk
REEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BOYS'
UB OF CHULA VISTA AND THE GIRLS' CLUB OF CHULA VISTA
R THE LEASE OF CERTAIN PROPERTY IN GREG ROGERS PARK
of
a mu7
BOYS
here:
T IS AGREEMENT is made and entered into on the 5TH day
PTEMB 1978, by and between THE CITY OF CHULA VISTA,
cipal corporation, hereinafter called "Landlord", and THE
CLUB F CHULA VISTA and THE GIRLS' CLUB OF CHULA VISTA,
after j called "Tenant" ;
W I T N E S S E T H
L ndlord hereby leases to Tenant, and Tenant hereby leases
from Landlo d, that certain property located in Greg Rogers Park as
outl'ned an~ provided for in Exhibit "A", attached hereto and in-
corp rated erein by reference as if set forth in full.
T e parties hereto agree that said letting and hiring is
upon and su ject to the terms,- covenants and conditions herein set
fort , and enant covenants as a material part of the consideration
for his le se, to keep and perform each and all of said terms,
cove ants a d conditions by it to be kept and performed and this
leas is ma e upon condition of such performance.
1. (TERM:
T e term of this lease shall be for a term of forty (40)
year , comet ncing on the first day of September, 1978 and ending
on t e 31st day of August, 2018, unless the term hereby demised
shal be so ner terminated as hereinafter provided.
2. (RENT:
Tenant agrees to pay to Landlord as rental for said pre-
mise the s m of. $1.00 per year payable on September 1 of each year
duri g the erm hereof; and in addition thereto, Tenant agrees to
do a d perf rm the other covenants and agreements in this lease
cont fined.
3. IPURPOS~:
T e purpose of this lease is to provide for the use of
said premis s by Tenant for constructing and operating thereon a
buil ing an other facilities for use as a Boys' Club and Girls'
Club to pro ote the physical, mental and moral welfare of boys and
girl resid ng in or near the City of Chula Vista according to the
stan ards o Boys' Clubs of America and Girls' Clubs of America and
for 11 rea onable and lawful purposes incidental thereto, including
all raditi na1 activities of the Boys' Club and Girls' Club, and
incl ding f nd raising activities. Tenant agrees to use said pre-
mise solel for the purposes herein stated, It is further under-
stoo and a reed that Tenant, being the Boys' Club and the Girls'
Club of Chu a Vista, have heretofore entered into an agreement to
provide for mutual and equal coordination in the planning, con-
stru tion a d use of the facility to be built on the leased pre-
mise , a co y of which agreement is marked as Exhibit "B", attached
here o and ncorporated herein by reference as if set forth in full.
Land ord re erves the right to control, restrict or prohibit any
acti ities they than normal activities as provided herein conducted
outs'de of he buildings and facilities to be constructed by Tenant.
It i furth r understood and agreed that Landlord reserves the right
to e aluate any activity being undertaken by Tenant and may determine
whet er suc activities are consistent with the purposes of Boys'
Club and Gi~ls' Club operations and shall retain full authority to
requ're Tenant to terminate any activities deemed to be inconsistent.
-1-
i~ 5
4.
IMPROVF~MENTS
Initial Construction
and i
year:
consi
to bE
f urtr
trait
maini
dancE
refer
shalt
drain
be re
leasE
the ~
consi
D ring the term hereof and at the earliest date practicable
~inanci lly feasible, but in any event, no later than two (2)
from he effective date of this lease, Tenant agrees to commence
:ructio upon the demised premises a building and other facilities
used rimarily as a Boys' Club and Girls' Club facility. It is
per agr ed that Tenant may install two temporary structures, a
.er and wooden shed, in the park adjacent to the present park
:enance building, for use as temporary club quarters, in accor-
with xhibit "C", attached hereto and incorporated herein by
pence a if set forth in full; provided, however, that Tenant
. also atisfy all engineering requirements to provide proper
cage th ough the site and that said temporary structures shall
;moved ithin two (2) years from the effective date of this
~. Fur her, it is understood and agreed that Landlord reserves
sight t approve architectural and site plans of any proposed
:ructio on the property.
Landscaping and Maintenance
eral
use
para:
and
by t.
and
redu
main
5.
have
and
many
with
of t
agre
gene
6.
bill
shal
form
poll
($50
for
Tena
HUND
may
to T
cove
for
on ~
to e
T nant agrees to landscape and maintain the property gen-
y in a cordance with the landscape plan attached hereto as
it "A" which is hereby incorporated by reference. Tenant will
is bes efforts to keep the leased premises in a condition com-
le to he other property held by Landlord in the general vicinity
o coop rate with Landlord in relation thereto. It is understood
e part es that landscaping will be generally of plants, trees
hrubs equiring low maintenance and infrequent waterings to
'e Ovate consumption and to minimize the efforts required for
,enance
CITY U$E OF FACILITY:
I is further understood and agreed that Landlord shall
the ri ht to schedule the use of said facilities at such time
n such manner so as not to conflict with the normal and custo-
use of the improvements as set forth herein by mutual agreement
Tenant for such purposes as Landlord may deem desirable for use
e gene al public. Landlord and Tenant shall enter into an
ment t provide custodial services and maintenance for such
al pub is utilization of the premises.
INSU CE:
A. Tenant hereby agrees to secure a policy of public lia-
y insu ance naming City as an additional insured. Said policy
be pr sented to the City Attorney's office and accepted as to
prior o occupancy of the premises by Tenant. Said insurance
y shal be in the amount of FIVE HUNDRED THOUSAND DOLLARS
,000.0 ). Additionally, said policy shall include coverage
ropert damage occasioned by the use of said premises by
t or a y other party in the amount of not less than ONE
ED THO SAND DOLLARS ($100,000.00). From time to time, the
.ts of overage required by Landlord pursuant to this covenant,
e reas nably adjusted upon one hundred twenty (120) days' notice
:nant o the requirements of any increase or decrease in policy
age of the enumerated items.
BI. Landlord hereby covenants that it shall provide coverage
he pro erty which is the subject of this leasehold interest.
C. Tenant agrees to provide full fire insurance protection
,e impr vements in an amount acceptable to the City Attorney, not
:ceed, owever, the reasonable value of said improvements.
-2-
..
7. ASSIGN ENT AND SUBLETTING:
law,
mise
to b
with
repr
tran
with
the
Land
reli
Land
the
8.
T nant shall not,. either voluntarily or by operation of
sell, ~iypothecate or transfer this lease, or sublet the pre-
or an part thereof, or permit the premises or any part thereof
s occup~ed by anyone other than .Tenant or Tenant's employees,
gut the, prior written consent of the Landlord, or his designated
ssentat'ive in each instance. Any sale, assignment, mortgage,
sfer, or subletting of this lease, which is not in compliance
the provisions of this article, shall be void and shall, at
option ~Of the Landlord, terminate this lease. The consent by
lord toi an assignment or subletting shall not be construed as
aving errant from obtaining the express written consent of
lord t any further assignment or subletting, or as releasing
nt froml any liability or obligation whereunder, whether or not
accrued .
COMPLIjANCE WITH LAWS AND REGULATIONS:
r-
i
errant agrees to maintain and operate said premises in
liance ith all laws, rules and regulations applicable thereto.
9. NONDISCRIMINATION COVENANT:
I}enant hereby covenants that it will not engage in or permit
any discri ination based upon race, color, cred, national origin, sex,
or ge, of any person or group who requests to use said facility from
tim to ti e; provided, however, that Tenant shall not be obligated to
per it usa e of the demised premises except as may be convenient and
not interf~re with the primary usage of the facility by Tenant.
10. TAXES
7Cenant shall be liable for and shall pay, ten days before
del nquenc , taxes levied against any personal property or trade
fix ures p aced by Tenant in or about the premises. Further, Tenant
sha 1 be o ligated to pay any and all other taxes, including but not
lim ted to possessory interest tax, which may be from time to time
ass ssed u on the facility. The failure of Tenant to pay such levied
tax resul~ing in the establishment of a tax lien by any taxing
age cy, sh~11 constitute a major breach of this lease and constitute
gro nds fo recovery of possession by Landlord.
11. REPAI~2S
~. Tenant agrees to accept full responsibility for the
mai tenanc~ and repair of the structure to be built upon the pre-
mis s whic are the subject of this leasehold. Tenant shall, at
Ten nt's s le cost and expense, .keep the premises and every part
the eof in good condition and repair. Tenant shall, upon the
exp ration or sooner termination of the term hereof surrender the
pre ises t Landlord in the same condition as when received with
the additi~n of structures thereon as Tenant has agreed to con-
str ct the$~eon. Landlord shall have no obligations to alter, remodel,
rep ir, decorate, or paint the structures to be located upon the
lan whichiis the subject of this lease.
~. Tenant further waives the right to make repairs at
Lan lord's expense, under Section 1942 of the California Civil
Cod , or a y other law, statute or ordinance now, or hereafter,
in ffect.
-3-
924
12.
upon
o f t~
by TE
stitt
for i
LIENS:
T nant shall keep the premises, building and the property
which ~he building is situated, free from any liens arising out
~e work performed, materials furnished, or obligations incurred
~nant. Failure to keep said premises free of liens shall con-
~te a m jor breach of the covenants of this agreement and grounds
:ermina ion by Landlord, at Landlord's sole option.
13. UTILIT ES AND SERVICES:
Tenant hereby covenants and agrees that all utilities and
sere ces ne~essary for the use and occupation of the demised pre-
mise shall,be provided and paid for by Tenant.
14. BANKRUPTCY:
I~ Tenant shall file a petition in voluntary bankruptcy,
or u der Ch~pter X or Chapter XI of the Bankruptcy Act as then in
effe t, or f the Tenant shall be adjudicated a bankrupt in involun-
tary bankru tcy proceedings and such adjudication shall not have
been vacate within thirty (30) days from the date thereof, or if
a re eiver r trustee be appointed of Tenant's property and the
orde appoi ting such receiver or trustee be not set aside or
vaca ed wit in thirty (30) days after the entry thereof, or if the
Tena t steal assign Tenant's estate or effects for the benefit of
cred tors, r if this lease shall otherwise by operation of law
devo ve or ass to any person or persons other than Tenant, then
and 'n any uch event Landlord may, of Landlord so elects, with
or without otice of such election and with or without entry or
acti n by Landlord, forthwith terminate this lease.
15 . I INDEMNICFICATION
T nant shall indemnify and hold harmless Landlord against
and rom an and all claims arising from Tenant's use of the premises
or t e cond ct of its activities, work, or thing done, permitted
or s ffered~by the Tenant in or about the premises, and shall further
inde nify aid hold harmless Landlord against and from any and all
clai s arising from any breach or default in the performance of any
obli ation n Tenant's part to be performed under the terms of this
leas , or a ising from any act, neglect, fault or omission of the
Tena t, or f its agents or employees, and from and against all
costs, atto neys' fees, expenses and liabilities incurred in or
abou such laim or any action or proceeding brought thereon and
in c se any action or proceeding be brought against Landlord by
reas n of s ch claim, Tenant upon notice from Landlord shall defend
the same at Tenant's expense. Tenant, as a material part of
the consideration to Landlord, hereby assumes all risk of damage to
pro erty or injury to persons in, upon or about the premises from
any cause atsoever, except that which is caused by the failure
of andlor to observe any of the terms and conditions of this lease
and such f ilure has persisted for an unreasonable period of time
aft r writ en notice of such failure, and Tenant hereby waives all
clams in rjespect thereof against Landlord.
16. DEFAUI.~TS AND REMEDIES AND TERMINATION:
Aj. Termination by Landlord - In the event that Tenant
fai s to maintain and operate said premises for the principal pur-
pos for whlich the same are hereby demised or fails to maintain
rea onableand adequate supervision and maintenance of said pre-
mis s and ~urther fails to remedy any such faults or defects
wit in thi ty (30) days after written notice so to do from City,
the City may elect to terminate and cancel this lease.
B. The occurrence of any one of more of the following
eve is shall constitute a default hereunder by Tenant:
ri ~ r ,y - 4 -
1. The abandonment of the premises by Tenant.
Abandonment is herein defined to include, but is
not limited to any absence by Tenant from the
premises for fifteen (15) days or longer while in
default of any provision of this lease except
where excused by law or circumstances beyond
Tenant's control.
to a
Land
and
the
of c~
acti
shor
Land
to T
Land
Terra
inst
pend
No v
valu
of
an
to
and
thr
The
sha
par
17.
or
of
or
whi
ter
of
acc
C
~y othe
.ord sh
ill rig
2. The failure by Tenant to observe or perform any
of the express or implied convenants or provisions of
this lease to be observed or performed by Tenant,
where such failure shall continue for a period of
thirty (30) days after written notice thereof from
Landlord to Tenant; provided, however, that any such
notice shall be in lieu of, and not in addition to,
any notice required under California Code of Civil
Procedure Sec. 1161; provided, further, that if the
nature of Tenant's default is such that more than
thirty (30) days are reasonably required for its cure,
then Tenant shall not be deemed to be in default
if Tenant shall commence such cure within said thirty
day period and thereafter diligently prosecute such
cure to completion.
3. The making by Tenant of any general assign-
ment for the benefit of creditors.
In the event of any such default by Tenant, i.n addition
remedies available to Landlord at law or in equity,
11 have the immediate option to terminate this lease
.ts of Tenant hereunder.
Dy Should at any time it be determined that this lease or
ctivit~.es of the Tenant violate state or federal laws or a court
mpeten jurisdiction order and should Tenant fail to perform its
ities o such law or court order within a reasonable time or a
er tim prescribed by such law or order, then at such time,
ord sh~ll have the right, upon thirty (30) days written notice
Want, o purchase the interest of Tenant in the premises.
ord sh~ll pay the reasonable value of all improvements made by
t, inc uding, but not limited to, structures, roads, utility,
1latio~is, grading costs and the value of any other costs ex-
d by T Want in improving said property after September 1, 1978.
lue sh 11 be placed on the land or leasehold interest but the
of la dscaping shall be included in the evaluation.
Should Tenant and Landlord fail to agree on the value
~nant'siinterest in accordance herewith, the parties shall select
ppraise~ to value Tenant's interest. Should the parties be unable
free on,a single appraiser, each party shall select an appraiser
the two appraisers shall select a third and the average of the
e appra'sers valuation shall be the value of Tenant's interest.
3ecisio s of the arbitrator or arbitrators, as the case may be,
1 be fi al, and all costs of the appraisal shall be shared by the
ies equjally.
WAIVE
she waiver by Landlord of any breach of any term, covenant
onditi n herein contained shall not be deemed to be a waiver
ny sub equent breach of the same or any other term, covenant
onditi n herein contained, nor shall any custom or practice
h may .row up between the parties in the administration of the
s hereof be deemed a waiver of, or in any way affect, the right
andlord to insist upon the performance by Tenant in strict
rdance with said terms.
Gift ~~ -5-
18.
righ
of d
incl
fire
The
occu
(24)
REEVALI~ATION OF LESSEE'S PROGRAMS:
Landlord reserves and shall at any and all times have the
to eni~er the premises to inspect the same, for the purpose
termin~.ng compliance with all provisions of this agreement,
ding, ~ut not limited to, compliance with Building Code and
safety and the preservation of the premises against waste.
nspect on of said premises other than its normal hours of
ancy s all be made only following request at least twenty-four
hours n advance to Tenant, or Tenant's authorized representative.
Tl~e governing body of Tenant and the City Council of the City
of C ula Vita, or their authorized representatives, shall meet annually
on J ne 1 t evaluate the programs planned by the Tenant for the ensuing
fisc 1 year~in order to determine what changes, if any should be made
to m ke Ten~nt's activities consistent with the other lawful activities
in G eq Roq~rs Park.
19. SUCCESSORS AND ASSIGNS:
T~is lease shall be binding upon and inure to the. benefit
of t e successors and assigns of the parties hereto, the same as
thou h they!, were parties to this lease.
20. I NOTICE
A~y notice required or permitted to be given hereunder must
be i writt~.ng, and may be given by personal delivery or by mail, and
if given by;mai1, shall be deemed sufficiently given if sent by regi-
ster d or certified mail, addressed to Boys' Club of Chula Vista, 495
"I" treet,Chula Vista, Ca. 92010, and Girls' Club of Chula Vista,
350 "L" Str~et, Chula Vista, Ca. 92011. Either party may., be written
noti e to t e other, specificy a different address for notice purposes.
21. MODIFICATION OF AGREEMENT:
I is understood and agreed that the present lease agreement
has een mo ified to appropriately reflect the participation in the
land use by, the Girls' Club of Chula Vista, as indicated in the agree-
ment between the Boys' Club of Chula Vista and the Girls' Club of
Chula Vista;, attached hereto as Exhibit "B'.
2 2 . SEPARABILITY
Any provision of this lease which shall prove to be invalid,
voi or it egal in no way affects, impairs or invalidates any other
pro ision ereof, and such other provisions shall remain in full
for e and ffect.
the
THE
A
App
I~N WITNESS WHEREOF, the parties have executed this lease
day anc~ year-.first above written.
CITY OFD CHULA VISTA
.r e City(((((( o f Ch
i
,City C1 rk
•oved a~ to form by
C
Y
BOYS' CLUB OF CHULA VISTA
sta Pres
GIRLS'/CLUB OF CHULA VISTA
i
Press en
(~
n... ,.
EXHIBIT "B"
A REEMENT BETWEEN THE BOYS' CLUB OF CHULA VISTA AND
T E GIRL5' CLUB OF CHULA VISTA FOR THE PURPOSE OF
P ANNING AND CONSTRUCTING A FACILITY FOR THE JOINT
U E OF SAID ORGANIZATIONS ON PROPERTY TO BE LEASED
F OM THE CITY OF CHULA VISTA IN GREG ROGERS PARR
T$iIS AGREEMENT is made and entered into on the 5TH day of
SE TEMBERi 1978, by and between THE BOYS' CLUB OF CHULA VISTA,
a no profiticorporation, hereinafter called "Boys' Club" and THE GIRLS'
CLUB OF CHU$,A VISTA, a nonprofit corporation, hereinafter called "Girls'
Dlub';
W I T N E S S E T H
W~iEREAS, the Boards of Directors of the Boys' Club of Chula
Vist and the Girls' Club of Chula Vista have heretofore expressed
thei desire to combine their best efforts for the purpose of planning
and onstru ting a facility to be jointly used by said organizations
in G eg Rog rs Park on property to be leased from the City of Chula
Vist , and ,
wis
all
out
joi
par
her
str
Rog
Boa
of
zat
all
org
in
W~EREAS, the Boys' Club and the Girls' Club of Chula now
to ent r into an agreement declaring their intent to combine
unds raised by each organization for said purpose and to carry
he prolgram of planning and constructing said facility on a
basis.
NbW, THEREFORE, IT IS MUTUALLY AGREED by and between the
es hereto as follows:
The Boys' Club and the Girls' Club of Chula Vista do
e to contribute all funds raised for the purpose of con-
facility for the joint use of said organizations in Greg
into a trust fund to be mutually administered by the
irectors of said organizations and to carry out a program
and constructing said facility under the direction of a
o be appointed by the Board of Directors of each organi-
id committee shall have the responsibility of coordinating
ry funds to achieve the purpose now declared by both
ns to provide a joint. Boys' Club/Girls' Club facility
ers Park.
by agr
cting
rs Par
ds of
lannin
ittee
on. S
necess
nizati
reg Ro
It is understood and agreed that each organization
n equal responsibility and interest in said facility
1 matters relating to the construction and use of said
all be determined on an equal basis through the joint
the Boys' Club of Chula Vista and the Girls' Club of
wil have
and that a
facility s
eff its of
Chu a Vist
IjN WITNESS WHEREOF, the parties have executed this agree-
men the day and year hereinabove set forth.
BOY ' CLUB'',OF CHULA VISTA GIRLS' CLUB OF CHULA VISTA
r
P esi e t
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