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HomeMy WebLinkAboutReso 1977-8882Form No . 3 ~4 2 Rev m 3/74 RESOLUTION N0. 8882 RESOLUTION OF THE CITY COUNCIL OF ThE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN Tf:E CITY OF CHULA VISTA AND CHULA VISTA BOYS CLUB FOR LEASE OF PROPERTY IN GREG ROGERS PARK 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 that that certain agreement between THE CITY OF C~3ULA VISTA, a municipal corporation, and THE CHULA VISTA BOYS CLUB, for lease of property in Greg Rogers Park dated the 8th day of November , 19 77 , 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 FURTF~ER RESOLVED that the Mayor of the City of Chula Vista be, and he ~s hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista Presented by . R. Asmus, Acting City Manager ADOPTrD AND APPROVED by the CITY COUNCIL of the CITY OF C~:ULA VISTA, CALIFORNIA, this 8t,h day of No'Ye~nbex , 1977 , by the followinc, vote, to-wit: AYES : Councilmen Cox, Hyde, EgdaFLl, Hobe]. NAYES : Councilmen None ABSTAIN: Councilmen Scott ABSENT: Councilmen None _ C~J ~ !~' ~ P'Iayor of the City of Ch a Vista ATTE City Cl r STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA.) of Chula true and not been Approved as to form by ~~//// ~ ~ l../, L-y George Lindberg, City Atto ney I, , City Clerk of the City Vista, California, DO f~EREBY CERTIFY that the above is a-full, correct copy of Resolution No. and that the same has amended or repealed.. DATED City Clerk Revised 11-3-77 BOYS' CLUB LEASE THIS LEASE is made the 8th day of November , 1977, by and between THE CITY OF CHULA VISTA, a municipal corporation, herein- . afterred called "Landlord", and the BOYS' CLUB OF CHULA VISTA, here- inafter called "Tenant"; W I T N E S S E T H Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that certain property located in Greg P.ogers Park as outlined and provided for in Exhibit "A", attached hereto and in- corporated herein by reference as if set forth in full. The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this lease, to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and this lease is made upon condition of such performance. 1. TERM: The term of this lease shall be for a term of forty (40) years, commencing on the first day of December, 1977 and ending on the 30th day of November, 2017, unless the term hereby demised shall be sooner terminated as hereinafter provided. 2. RENT: Tenant agrees to pay to Landlord as rental for said premises the sum of $1.00 per year payable on December 1 of each year during the term hereof; and in addition thereto, Tenant agrees to do and perform the other covenants and agreements in this lease contained, 3. PURPOSE: The purpose of this lease is to provide for the use of said premises by Tenant for constructing and operating thereon a building and other facilities for use as a Boys' Club to promote the physical, mental and moral welfare of boys residing in or near the City of Chula Vista according to the standards of Boys' Clubs of America and for all reasonable and lawful purposes incidental thereto, including all traditional activities of the Boys' Club, and including fund raising activities. Tenant agrees to use said premises solely for the purposes herein stated. It is further understood and agreed that Tenant shall use its best efforts to enter into an agreement with the Chula Vista Chapter of Girls' Club of America to provide for joint use of the property for a facility to be constructed by Tenant and Girls' Club of America. Landlord reserves the right to control, restrict or prohibit any activities other than normal activities as provided herein conducted outside of the buildings and facilities to be constructed by Tenant. It is further understood and agreed that Landlord reserves the right to evaluate any activity being undertaken by Tenant and may determine whether such activities are consistent with the purposes of Boys' Club and Girls' Club opera- .- tions and shall retain full authority to require Tenant to terminate any activities deemed to be inconsistent. - 1 - 4 . IMPROVEI~:ENTS (a) Initial Construction During the term hereof and at the earliest date practicable and financially feasible, but in no event no later than two (2) years from the effective date of this lease, Tenant agrees to commence con- . struction upon the demised premises a building and other facilities to be used primarily as a Boys' Club. The Girls' Club shall also construct facilities for their use on said property within time limits to be mutually agreed upon when this lease is modified as provided herein. Further, it is understood and agreed that Land- lord reserves the right to approve architectural and site plans of any proposed construction on the property. (b) Landscaping and Maintenance Tenant agrees to landscape and maintain the property gen- erally in accordance with the landscape plan attached hereto as Exhibit "A" which is hereby incorporated by reference. Tenant will use its best efforts to keep the leased premises in a condition com- parable to the other property held by Landlord in the general vicinity and to cooperate with Landlord in relation thereto, It is understood by the parties that landscaping will be generally of plants, trees and shrubs requiring low maintenance and infrequent waterings to reduce water consumption and to minimize the efforts required for maintenance, 5, CITY USE OF FACILITY: It is further understood and agreed that Landlord shall have the right to schedule the use of said facilities at such time and in such manner so as not to conflict with the normal and custo- mary use of the improvements as set forth herein by mutual agreement with Tenant for such pruposes as Landlord may deem desirable for use of the general public. Landlord and Tenant shall enter into an agreement to provide custodial services and maintenance for such general public utilization of the premises, 6. INSURANCE: A. Tenant hereby agrees to secure a policy of public lia- bility insurance naming City as an additional insured. Said policy shall be presented to the City Attorney's office and accepted as to form prior to occupancy of the premises by Tenant. Said insurance policy shall be in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00). Additionally, said policy shall include coverage for property damage occasioned by the use of said premises by Tenant or any other party in the amount of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00). From time to time, the amounts of coverage required by Landlord pursuant to this covenant, may be reasonably adjusted upon one hundred twenty (120) days' notice to Tenant of the requirement of any increase or decrease in policy coverage of the enumerated items. B. Landlord hereby covenants that it shall provide coverage for the property which is the subject of this leasehold interest. C. Tenant agrees to provide full fire insurance protection on the improvements in an amount acceptable to the City Attorney, not to exceed, however, the reasonable value of said improvements. 7. ASSIGNr1ENT AND SUBLETTING: Tenant shall not, either voluntarily or by operation of law, sell, hypothecate or transfer this lease, or sublet the _ 2 _ premises or any part thereof, or permit the premises or any part thereof to be occupied by anyone other than Tenant or Tenant's employees, without the prior written consent of the Landlord, or his designated representative in each instance. Any sale, assign- ment, mortgage, transfer, or subletting of this lease, which is not in compliance with the provisions of this article, shall be void and shall, at the option of the Landlord, terminate this lease. The consent by Landlord to an assignment or subletting shall not be construed as relieving Tenant from obtaining the express written consent of Landlord to a.ny further assignment or subletting, or as releasing Tenant from any liability or obligation whereunder, whether or not then accrued. 8. COMPLIANCE WITH LAWS AND REGULATIONS: Tenant agrees to maintain and operate said premises in compliance with all laws, rules and regulations applicable thereto. 9. NONDISCRIb1IPdATION COVENANT: Tenant hereby covenants that it will not engage in or permit any discrimination based upon race, color, creed, national origin, sex, or age, of any person or group who requests to use said facility from time to time; provided, however, that Tenant shall not be obligated to permit usage of the demised premises except as may be convenient and not interfere with the primary usage of the facility by Tenant. 10. TAXES: Tenant shall be liable for and shall pay, ten days before delinquency, taxes levied against any personal property or trade fixtures placed by Tenant in or about the premises. Further, Tenant shall be obligated to pay any and all other taxes, including but not limited to possessory interest tax, which may be from time to time assessed upon the facility. The failure of Tenant to pay such levied tax, resulting in the establishment of a tax lien by any taxing agency, shall constitute a major breach of this lease and constitute grounds for recovery of possession by Landlord. 11. REPAIRS: A. Tenant agrees to accept full responsibility for the maintenance and repair of the structure to be built upon the pre- mises which are the subject of this leasehold. Tenant shall, at Tenant's sole cost and, expense, keep the premises and every part thereof in good condition and repair. Tenant shall, upon the expiration or sooner termination of the term hereof, surrender the premises to Landlord in the same condition as when received with the addition of the structures thereon as Tenant has agreed to con- struct thereon. Landlord shall have no obligation to alter, remodel, repair, decorate, or paint the structures to be located upon the land which is the subject of this lease. B. Tenant further waives the right to make repairs at Landlord's expense, under Section 1942 of the California Civil Code, or any other law, statute or ordinance now, or hereafter, in effect. 12. LIENS: Tenant shall keep the premises, building and the property upon which the building is situated, free from any liens arising out of the work performed, materials furnished, or obligations incurred by Tenant. Failure to keep said premises free of liens shall constitute a major breach of the covenants of this agreement and grounds for termination by Landlord, at Landlord's sole option. - 3 - 13. UTILITIES APID SERVICES: - Tenant hereby covenants and agrees that all utilities and services necessary for the use and occupation of the demised premises shall be provided and paid for by Tenant, 14. BANKRUPTCY: If Tenant shall file a petition in voluntary bankruptcy, or under Chapter X or Chapter XI of the Bankruptcy Act as then in effect, or if the Tenant shall be adjudicated a bankrupt in involun- tart' bankruptcy proceedings and such adjudication shall not have been vacated within thirty (30) days from the date thereof, or if a receiver or trustee be appointed of Tenant's property and the order appointing such receiver or trustee be not set aside or vacated within thirty (30) days after the entry thereof, or if the Tenant shall assign Tenant's estate or effects for the benefit of creditors, or if this lease shall otherwise by operation of law devolve or pass to any person or persons other than Tenant, then and in any such event Landlord may, if Landlord so elects, with or without notice of such election and with or without entry or action by Landlord, forthwith terminate this lease. 15 . INDE&II~IIFICATION Tenant shall indemnify and hold harmless Landlord against and from any and all claims arising from Tenant's use of the premises or the conduct of its activities, work, or thing done, permitted or suffered by the Tenant in or about the premises, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be perforrned under the terms of this lease, or arising from any act, neglect, fault or omission of the Tenant, or of its agents or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in or about such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against Landlord by reason of such 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 property or injury to persons in, upon or about the premises from any cause whatsoever, except that which is caused by the failure of Landlord to observe any of the terms and conditions of this lease and such failure has persisted for an unreasonable period of time after written notice of such failure, and Tenant hereby waives all claims in respect thereof against Landlord. 16. DEFAULTS AND REMEDIES AND TERMIPdATION: A. Termination by Landlord - In the event that Tenant fails to maintain and operate said premises for the principal pur- pose for which the same are hereby demised or fails to maintain reasonable and adequate supervision and maintenance of said pre- mises and further fails to remedy any such faults or defects within thirty (30) days after written notice so to do from City, then City may elect to terminate and cancel this lease. B. The occurrence of any one or more of the following events shall constitute a default hereunder by Tenant: 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. - 4 - 2. The failure by Tenant to observe or perform any of the express or implied covenants 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. C. In the event of any such default by Tenant, in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this lease - and all rights of Tenant hereunder, D. Should at any time it be determined that this lease or the activities of the Tenant violate state or federal laws or a court of competent jurisdiction order and should Tenant fail to perform its activities to such law or court order within a reasonable time or a shorter time prescribed by such law or order, then at such time, Landlord shall have the right, upon thirty (30) days written notice to Tenant, to purchase the interest of Tenant in the premises. Landlord shall pay the reasonable value of all improvements made by Tenant, including, but not limited to, structures, roads, utility installations, grading costs and the value of any other costs ex- pended by Tenant in improving said property at any time after December 1, 1977. No value shall be placed on the land or leasehold interest but the value of landscaping shall be included in the evaluation. Should Tenant and Landlord fail to agree on the value of Tenant's interest in accordance herewith, the parties shall select an appraiser to value Tenant's interest. Should the parties be unable to agree on a single appraiser, each party shall select an appraiser and the two appraisers shall select a third and the average of the three appraisers valuation shall be the value of Tenant's interest. The decisions of the arbitrator or arbitrators, as the case may be, shall be final, and all costs of the appraisal shall be shared by the parties equally. 17. WAIVER: The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained, nor shall any custom or practice which may grow up between the parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of Landlord to insist upon the performance by Tenant in strict accordance with said terms. 18. REEVALUATION OF LESSEE'S PROGRAA4S: Landlord reserves and shall at any and all times have the right to enter the premises to inspect the same, for the purpose of determining compliance with all provisions of this agreement, including, but not limited to, compliance with Building Code and - 5 - fire safety and the preservation of the premises against waste. The inspection of said premises other than its normal hours of occupancy shall be made only following request at least twenty-four (24) hours in advance to Tenant, or Tenant's authorized representative. The governing body of Tenant and the City Council of the City of Chula Vista, or their authorized representatives, shall meet annually on June 1 to evaluate the programs planned by the Tenant for the ensuing fiscal year in order to determine what changes, if any, should be made to make Tenant's activities consistent with the other lawful activities in Greg Rogers Park. 19. SUCCESSORS APdD ASSIGPNS: This lease shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, the same as though they were parties to this lease. 20. NOTICE: Any notice required. or permitted to be given hereunder must be in writing, and may be given by personal delivery or by mail, and if given by mail, shall be deemed sufficiently given if sent by registered or certified mail, addressed to Boys' Club of Chula Vista, 495 "I" Street, Chula Vista, CA. 92010. Either party may, by written notice to the other, specify a different address for notice purposes. 21. MODIFICATION OF AGREEMENT: It is understood and agreed that this agreement shall be appropriately modified to reflect the participation in the land use by the Girls' Club. 22. SEPARABILITY: Any provision of this lease which shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provision hereof, and such other provisions shall remain in full force and effect. IN WITPdESS WHEREOF, the parties have executed this lease the day and year first above written. THE CITY OF CHULA VISTA ATTEST Ap~pr/owed as to form by C/ity Attorney BOYS' CLUB OF CHULA VISTA ? ,~ 7 ~• ~ Delbert R. Hughes, President - 6 -