HomeMy WebLinkAboutAgenda Statement 1977/11/08 Item 10I,tIY Ur l,t1ULH V1~IF
COUNCIL AGENDA STATEMENT
Item No. l0
For meeting of 11/8/77
ITEM TITLE Resolution ~'~~ ~ : Approving lease agreement between the City of Chula Vista
and Chula Vista Boys Club
SUBMITTED BYActing City Manager ~1//
ITEM EXPLANATION
(4/5TH'S VOTE REQUIRED YES_ NO X )
The City Council, by Resolution No. 8618 on May 3, 1977, declared its intention to lease
a portion of Greg Rogers Park to the Chula Vista Boys Club.
Subject agreement would lease approximately 3.93 acres as delineated on Exhibit A, and
would run for a term of 40 years, commencing the first day of December 1977. The lease is
the result of many meetings with Boys Club representatives. City staff is satisfied that
in its present form the lease adequately covers the issues previously addressed by the
City Council and reasonably protects the public interest, The Boys Club, on the other
hand, is provided firm contractual security; an important matter when viewed from their
standpoint and the substantial financial investment involved.
Some of the more substantive provisions of the lease are as follows:
1, Construction must be underway no later than two years from the effective
date of the lease (December 1, 1979), and the City retains the right of
approval of architectural design and site plans.
2. City has the right to schedule use of the facilities so long as it does
not conflict with the normal and customary use by the Boys Club; and we
reserve the right to control, restrict, or prohibit any activities other than
normal activities outside the building.
3, Maintenance, repairs and utilities are the full responsibility of the
Boys Club.
4. The lease provides that the Boys Club understands and agrees that they
will use their best efforts to enter into an agreement with the Girls Club to
nrnvide for .ioint use of the property; with the Girls Club, of course, required
EXHIBITS rnntinued on supoiementai rase
Agreement X Resolution X Ordinance_ Plat_ Notification List_
Other X Exhibit A ENVIRONMENTAL DOCUMENT: Attached Submitted on
FINANCIAL IMPACT
None
STAFF RECOMMENDATION
Adopt Resolution
BOARD/COMMISSION RECOMMENDATION
g P P R O V E D
by th•~
COUNCIL ACTION City Counc_1
a£
Chula 'Jista, C~='_ii'ornia
r_~_, ~/~ .~~ 7r/
Meeting of 110/8/77
Item No..
Supplemental Page 2
to construct some part of the facility, under the same terms and conditions
as the Boys Club.
5. The City has termination rights in case of default, but those rights are
fairly well limited to "cause". If, for example, the Boys Club violated some
provision of the agreement or failed to comply with a federal or state statute
or court order within a prescribed time, the City would have the right to
terminate the lease.
6. If termination did occur, the lease provides a method whereby the Boys Club
would be compensated for the value of the improvements they have made on the
property, i.e., the fair market value of the improvement at the time of
termination.
7. The City retains the right to review on an annual basis the programs
conducted by the Boys Club in order to determine what changes, if any, should
be made to make the Boys and Girls Clubs' activities consistent with the
other activities of Greg Rogers Park.
The Boys Club Board of Directors has given tentative approval to the lease. They are
aware that City staff is recommending approval with some reservation over the questionable
ability of some future City Council to terminate the lease solely on the basis that the
activities of the Clubs interfere with the needs and desires of the City in the overall
use of park facilities. The City Attorney's Office advises the City's power of eminent
domain might be used to condemn the lease rights if a much higher public need or use
could be shown. It is somewhat doubtful, however, that changes in philosophy of a future
City Council regarding such joint use could be the sole basis for exercising the City's
right of eminent domain.