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HomeMy WebLinkAboutReso 1988-13678 RESOLUTION NO. 13678 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO A GROUND LEASE WITH THE SWEETWATER UNION HIGH SCHCOL DISTRICT FOR THE CHULA VISTA YOUTH CENTER SITE 2he City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Initial Study IS-88-61 has been prepared for the Chula Vista Youth Center Project and the City Council has reviewed said IS-88-61 and all cormnents received; and, WHEREAS, a need for community youth activity facilities exists in the neighborhoods of western Cqula Vista which is of concern to beth the City and the District; and, WHEREAS, the discontirnance of the Boys' Club facility at 495 "1" Street in Chula Vista to accommodate expansion/renovation of the Chula Vista Shopping C~nter will further exacerbate that need; and, WHEREAS, funds exist under the control of the City which can be used for the provision of a youth facility to replace said Boys' Club facility; and, WHEREAS, a site exists on the camp/s of Chula Vista High School which .ld accommodate such a youth facility; and, WHEREAS, the development of such a facility at said site would create an opportunity for use which would be of benefit to the District and to the District ~ s students; and, WHEREAS, the develoFlnent of such a facility at said site would enhance the community youth activity facilities for western Chula Vista desired by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. Council hereby adopts Negative Declaration IS-88-61 attached hereto as Exhibit A; and 2. Council hereby authorizes the execution of the ground-lease between Sweetwater Union High School District and City of Chula Vista attached hereto as Exhibit B. Pr~ .~_ Approved as to form by 'I'G. ' 2hor ,nnunity Develolmment Director City Attorney WPC 3672H / .__ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF :HUL,, VISTA, CALIFORNIA, this 19th doy Of July ...... 88 9 __, by the following vole, to-wit: ~YES: Councilmembers Malcolm, Moore, McCandliss, Nader ~AYES: Counci lmembers None ~BSTAIN: Councilmembers None ~BSENT: Counc i 1 members Cox of the City of Chulo Visto TTEST~ ]'ATL JF CALIFORNIA ) 3UNTY OF SAN DIEGO ) ss. TY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, ) HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13678 , ,ond thor the some hoe not been oreended or repeoled ,TED.. City C erk ClIY OF CHULA VISTA -sso negative declaration ';' PROJECT NAME: Chula Vista Youth Center PROJECT LOCATION: Northeast corner of Fifth Avenue and "L" Street PROJECT APPL|CAilT: Redevelopmerit ,~gency of the City of Chula Vista 27G Fourth Avenue, Chu'la Vista. CA 92010 CASE NO: IS-88-61 DATE: June 14, 1988 A. Project Settin2 The proposed project site is located on the cainpus of Chula Vista High School. The property is in an urbanized area of Chula Vista and has bcen used for various school related activities for many years. There are no biological or cultural resources existing on or near the site. Public facilities are generally adequate to serve the project, however, the Engineering Department has indicated that downstrnaln sewer facilities are tO be r, tudied for adequacy. If improvements are made downstream, projects which would benefit from these facilities would financially participate in their installation. This area of Chula Vista typically has moderately expansive soils. This condition ts mtttg3ted through standard development regulations. B. ~roject Description The project consists of a 14,000 sq. ft. youth facility including an 8,000 sq. ft. gymnasium, two 2,500 sq. ft. multi-use roo~ns, l.OOO office space and parking and landscaping. l~is would hc on about 37.000 Sq. ft. of the high school site. The facility would be jointly operated by the City and the School District. C. Compattbtl ity~ith Zunin9 and Pl,~ns l'hc project conforms to the high school designation of the C.t?neral Plan an~) subject to a Conditional Use Permit the R-I zoning of the property. D. Identification of Environmuntal Effects The Initial Study on the project iJentified two i>otc, nti,~lly significant impacts; downstream sewer capacity and expansive soils. lhese issues will be dealt with through standard developn~ent re,Julations ~hich will ~vold all significant impacts. E. [.~din9s of Insignificant Impact 1. The entire site has been developed ~or ~l nuinJ}cr ot ye,tr5 and is void of any significant natura) on manmade resources that could be affected by this proposal. , cl~y of chu~a vl~a plannmng depar~men~ ('1~ ....... envtronment.i review .eCUDn ('}tL)b~ VI~IA 2. The project conforms to the long-range development and protection plan for Chula Vista and, therefore, will not achieve any short-term objectives to the disadvantage of these longer-term goals. 3. This developed project site is within the confines of a larger area. This minor expansion will, therefore, not have any cumulative effect which could adversely affect the environment. 4. The project will not result in the emissions of any substances, noise, vibration, glare, etc. which could adversely impact human beings. G. Consultation 1. Individuals and Organizations City of Chula VIsta: Julte Schilling, Assistant Planner Roger Daoust, Senior C~vil [ngineer Ken Larsen, Director of Building und Housing Carol Gave, Fire Marshal Mike Donnelly, Associate Traffic Engineer Appltcant's Agent: Pamela Buchan Sr, Community Development Specialist Community Development Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 2. Documents Chula Vista General Plan Chula Vista Municipal Code This determination, that the project will not have any significant envlronmm:r, La) impact, is b~sed on the attached lnttlal Study. any comments on Lhe Inttla) ~tudy and any cantonants on this Negative Duclaratlun. Further inform~ttoh regarding the environmental review of the p,o)ect ~s available from the Chula Vista P)anntno D~part.,vnt. 276 Fou,'th Avenuu, Chula ViSta. CA 92010. ENV ! ~(~NTAL REV I [W COORD I NATOR rN 6 (l~ev. 3/~8) WPC 5280P EXHIBIT "A" A portion of Lot 14 of quarter section 146 of Rancho de la Narion according to map thereof NO, 505 as filed in tnu Office of tht! C(}unty Recordl:r, County Of San Diego, State of California, more particulal'ly described as follows: Beginning at the southwest corner of said Lot 14; thence, along the southerly line of said Lot 14 north 70:53' i0'' east a dlst. anc~ of 474.00 feb, t; thence, leaving said southerly line, n~rth 19 04'2g" w~St a distdncu of 105.00 feet; thence, parallel with said South,!r'ly lin~ SOuth 7g'~3'10" west, a distance of 160.00 feet, Thence, south Ig()4'29" east a distance! of JS.Ofj feet; thence south 70'53'10'' west, a distanct~ ot 2~.'30 Jeer; thence south 19'04'29" east a distance of 10.O0 feet; thence south 70'53'10" west a distance Of 70.00 feet; thence south lg"cj4'29" ~ast a distance of 25.00 feet; thence south 70"53'10" west. a distance o~ 219.(~3 f,;et to the wHs[~rly I~ne i)f said Lot 14; thence south lg"04'29" ~ast 4 distance Of 55.00 f~t to the point Of beginning. PrOjeC: Name__ Youth Facility :)ate 6-7-88 Project Address __ North~.a,t Cor,,er~t "~."2.~d F~r~h To: Pl arm I ng Depa rtmen t Envtronmcnta] Revte~v Coordinator John Hardesty, Engineering Er~gtneer~n~, Subdivisions Fire Prevention ~ureau lhiS dep~rtraent ha5 reviewed the ~nformatlon ar plans referred ~o us by you. note the fn]~owln~ 1. P~ojec~ shall bo considered an A~embly occupancy, ~ith all the requirements thoreoL 2. Project will r~quir~ thu installation of a Fire hydrant at tho curb and one toward tha rcar of' the bulldin~ at tho fire lane. FUH IjFFJC~Z USE Case Fee ~--- City of Chula Vista Accepted Application Form Project A. BACKGRO~JND 2. PROJECT LOCATION (Street adotess o,' descr, itionl /~,.,,DZ.Z~iz.Z- _ Assessors Bao~, Page & Parce~ 5, Name of Preparer/Agent ~_~ ~Z~'/~ ....... Address .~ __ Phone ~.~? C~t~ State 6. Indicate all permSts or approvals and enCloSures or doCumentS required by the Envtron~,ntal ~evSew Coordinator. a. Permits or approvals requ~re~; General Plan Revision JOes~gn R~v4ew Conun~ttee Rezon~n~/Prezon~ng Tentatlve ~ubd. Map AnnexatiOn "' PreC~Se ~lan _~ Gradlng Permit "' "~ Redevelopmerit Agency Specific Plan _._ T~ntat~ve P4rcel M~p ~ Cond. Use Permtt .__ SIt~. Plan & Arch. Review Variance Otht. r b. [nclnsures or documents (as required b~ the Fnv~ronmental R~.vlew Coor~ na tot ). Location Map Arch. Elevations [ng. Geology ~eport  "' Grading Plan Landscape Plans "Hydrologi~al Study ..... Site Plan "Photos of 5~te ~ .... BhHnq~cal Stuny "Parcel Map Settin9 "' Archat, ological Survey "PrecisePlan Tentative Subd. Hap "' No~se Assessmt, nt "Sp,c~f~c Plan Improw. ment Plans '~ Traffic Impact RepOrt ' Other Aqency Permit or So~ls ~(.port ' ~thrr Approvals Requ3red [t: 2 (Rev. 1Z/~Z) - 2 - B. PROPOSED PR~ECT 1. Land Area: sq. footage~/~/~O_/~(. ,~/0~j~ or acreage If !and area to be dedicated, state aCreag~ and purpose. 2. Complete this sec ion If project i~F~nsldential. a. Type developme t: Single f&milT Twu family_ C. U 0 n go ,s For. a) units d, Gross density (DU/total a g. Estimated sale or rental price ra e ~ J. Number of on-site parking spaces to be k. Percent of site (n road and pa~ed sur 3. Conplete this sectinn If project Is commercial or industrial. a. Type(s) of land use Floor area __ _ Heliht Of structure(s) C. Type of construction usud 1 the structure f. Fstimat'd ~bfilher Of emplo)'eu, per :h~' , Number of shi ~ts Total g. Estimated number of CuStomers (per day) ,indiasiS of ustimate h. Estimate~ r~tang~_fe f service area and basis of estimate I. n noi in enclos~.d buildings J. Hours of operation If prDJect is other than residential, commercial ar industrial complete this section. b. Type Of f~cillties provide __~.~.. c. Square feet of enclosud structures d. Height of structure(s) - maximum .2_~ / Ultimate occupancy load of project ~Z~LJ e. ... .~ f. Number of' on-)ite parking spaces to be prOvial g. Square ~eet ~ road and paved surfaces ~ C. PR~ECT CHARACT[RTSTICS 1. ]f the project could result tn the direct emission pollutant$, (hydrocarbons, sulfur, dust, etc.) identify the~. 2. IS any type of grading or excavation of the proI!erty anticipated (If y~,s, compl,tte the following:) a. Excluding trenches to be backfllled, holy many Cubic yards of earth w~11 be e~cava[ed? h. How man~ cubic yJrds of f~ll will be placed? C. How much area {sq. ft. or acres) w~11 be graded? d. ~'hat ~ill be the - Haxfmumn depth r>f cut Average depth of cut Maximum depth of/i11 Average depth of fill 3. Describe all energy consuming devices which are part of the proposed project and the type of energy used lair conditioning, electrical 4. Indicate the a~unt of natural open space tha~ Is part of the projec~ (sq. fL or acres) . -_~ 5. [l' the project w~l result ~n any employment opportunities describe . , ~1i1~ r, tgh}y flatmable or potentially explosive matet'fals or substances he used or stored ~lth~n the project s f to? ...... 7. Hovf mdny estimated automoDIle trips per de/. ~11 be generated by the project? ........... ' Describe (if any) off-site improvements necessary to Imp~oment the project, 4nd their points Of access or ConneCtion to the project s~te. Improvements 1ncJudo but not l~mltod tO the Following: ne~ streets; street ~fdenfng; extension of gas, eloctr~. and se~er lines; Cut and f~11 slopes; and pedestrian and bicycle facilities. D. DESCRiPTJOti OF ENYIRONMEPiTAL SfTTZ~IG I. Goolo.gy Has a geology study been conducted on the property? (If ~f'S, pJease attach) Has a Soils Report on the project s~to been made? (If yeS, pieaso attach) 2. HydroloOy Are any Of the fol}ow~m3 features present on or adjacent to the Slte? .J~ (if yeS, please exp}ain in detail,) a. is there ,Iny surface evidence of a Sh,~l low g.';und water tab}e? adjacent to the site? - 5 - c. Does rudolf from the project site drain directly into or toward a domestic water supply, lake, reservoir or bay? d,Could drainage from the site cause erosion or stltation to adjacent areas? e. Describe all dratrlage facilities to be provided and their location. Noise a. Will lhere be any noise generated from the proposed project site or from points of access which mty impact the surrounding or adjacent land uses? /~.Z(~.._~Z,~i,.~/.T,~Z~/.2~z.Z~=~[_~).~Z_C a. Z~ the project site in o natural or partially natura] state? b. Indicate type, size and quantity of trQn~ on the site and which (1~ any) will be removed by the project. Past Use of the Land Are there any known ntstortcd resources located on or n,~ar the project ~tte? b, Have there been any hazardous materials disposed elr or stored on or near the project Site? '>~,_s,t'~- . . 6. Current Land Use a. Describe all structures and land uses currently existing on the project si te. .y~../f~'Z_d., :r~f/..E,Z~.' - 6 - b. Describe all structures and land uses currently extsttng on adjacent propert. y. a. Are ther~ any res~d,:nts on site? (If so, ho~ many?) ,~__ h. Are there any curr~nt en,ployment opportunities on s~te7 (If sO. how many and what type?) -~- Please ~rovtde an' order ~nformnatlon w)Hch could expedite the evaluation of - 7 - E. CERTIFICATION O or HEREBY AFFIRM, that to thP best of my belief, the statements and information herein contained are tn all respects true and correct and that all kaown Information ConCerning the project and ~tS settlng have been ~ncluded ~, Parts ~. C and 0 of this application for an Initial Study of possible environmental impact and any enclosures for attachments thereto. / i acting for a corporation, include capacity and company name, ,$ - 8 - .,. CITY DATA F, PLANNING DEPARIMEIlT 1, Current Zonin~ on site: ~~_Z~_.. ' North ' ' ' ~ South West ~ 2"~__' __ Does the project conform to the current zoning? 2. General Plan land use So u t h East West I Is the project compatible with the General Plan Land Use Diagram? ~_ h the project area designated for conservation or open space or adjacent to an area so designated? Is the project located adjacent to any scenic routes? pr~o.~~Ece ~ (if yes. describe the design techn ques being used to the scenic quality of Chula Vista.) How many acres of developed parkland are within the Park Service District of this project as shown in the Parks and Recreation Elemt, nt of the Genera) Pla.? 22LSzi>/ - _ What is the cur[~n~/~k/C, aCraage requirements In the Park Service District? How many acres of parkla ld are necessary to serve the proposed project? {2AC/IOOO pop.) /V~/1,~ - / ' Does the project site provide access to or have the potential to provide access to any mineral resource? (Ii' so, describe in detail.) /'1'~-[- - 9 - X~ the proposed project is residential, please complet~ the following: Current Current Students Generated School Attendance C__a.~._~S_~ From Project Elementary Jr. HIgh Sr. High 4. Ae. sthetics Does the project contain features which could be construud to be at a variance from nearby features due to bulk, form, texture or color? (If so. please describe.) ,/)1~ S. Energy ConSUmption/~/~.~v,,~- ~' ~ ~'~-~ Provide the estimated consumption by the proposed project of the follo.ing sources; · Electricity (per year) Natural Gas (per year) Water (per day) 6. Remarks: V:3 :SOL~- ,..,....---"' Af;fil.' 57Z_-JoO-// -lO- case G. ~ftGTNEERING DEPARTh'.ENT 1. Dratna~e a. Is the project site within a flood plain? b, Will Um project be subject to any existing flooding hazards? c. WIll the proj~c~ Crea~e any flogcling hazards? ~ d. Wh~ is ~he location and description of existing ~ drainage facilities/~',u~.,~oN~. -ro_~<-~T ...... e. Are they adequate to serve the project? ..J~,~, ._ \ f. What is the location and description of existing off-stte drainage facilities? ~tIr. j2__~_z~,c~Jd, r,~'_T'r~T,/2 g. Are ~h~y ~dequate to ~erve the project? ,Y~'L___ _ ~ 2. Transportation a. ~6t roads provide primary access to the project? b, ~h~ ~s Lhe esUm~ed number of one-w~y ~uLo ~r~ps ~o be gene~e~ b~ ~he projoeL (per d~)? c. What is the ADT and estimated level of service before and after project Compl etion7 Before After _ d. Are the primary access roads adequate to ~er,.,.~ the project? Y~. If not, explain briefly. e. '~ill Jt be necessary that additional dL, dication. widening and/or improvement be f:hlde tO t. xiStinl] ';tr',,etS? /~[O If so, specify tile ijerleral nature ~i the n~'cess,u'y actions. __ '/ -11 - ., Case F]o. 3. .~e01097_ a. Is the project site subject Known or suspected fault hazards?~C~ ' , ...... ~ ~ - AOD~S b. Is an eng~n~er~ng geo]o~ report nec~ssary to Evaluate the project? 4. So~ 1 s a. Are there any anUcJpated adverse ~o~] ~ond~t~ons on the projec~ b. Z{ yes, what are these adverse so~] conditions? . ~A C. ~ a So~]s report necessary? 5. Land Form a, ~at ts the average natural slope of the s~te? b. What is the maximum natural slope of the site? 6. ~]otse Are there any traffic-related noise levels impacting the site that are Significant enough to justify that a noisu analysis be required of the applicant? ~. -12- case ,o. 7. Air Qualit:/, If there is any direct or indirect automobile usage associated with this project, complete the following: Total Vehicle Trips Emission Grams of Iper de:/) Factor Pollution co ~ x ~ls.g · n~'TI Hydrocarbons 6~ ~ X 18.3 " HOx (NO) P~rtlCu~ates ~ r~ X 20.0 ~ ~ X 1.5 " s~u. ~..~x .~s - V~.~ 8. ~aste Generation He. much su1~d and l~qu~d (sewage) ~as~e ~dll be generated by the propose~ projec~ per ~at ts the location ~nd s~ze of existIn9 se~er ~jnes n or dJacent Are ~hey .dequa~e ~o serve Lt~e Ireposed proJecL? y~-J ~o~V 9. Publfc FaCtl~t~eslResources lmpac~ l~c~o~. If the project could exceed the threshold of having any possible s~qn~ficant ~mpac% on the environment, please Identify the public facilities/resources and/o~ hazards and describe the adverse ~mpact. (Include any potential to attain and/or exceed the capacity of any public street, sewe~. rulvert. etc. serving th~ projuC% area.) Remarks/necessary m( L~gaL~on measures - 13 - H. FIRE DEPARTMENT 1. What is the distance to the nearest fire station and what i~ the Fire Department's estimated reaction time?. / 2. Will the Fire Department be able to provide an adequate level of fire prot, ectton for the proposed facility without an increase in equipment or personnel? _~,,~_ _., GROUND LEASE AND JOINI' IJSE AGREE~ENT BETWEEN THE CITY OF CHU!A VISTA AND SWEETWATER UNION HIGH SCHOOL DISTRIC1 REGARDING YOUTH FACILITY AT CHULA VISTA HIGH SCHOOL THIS GRODND LEASE AND JOINT USE AGREEMENT is entered into on this day of , 1988, between the CITY OF CHULA VISTA, herei na~' referred to as "CilT~T',and the SWEETWATER UNION HIGH SCHOOL DISI'RICT, hereinafter referred to as "District". REC ] I'ALS WHEREAS, a need fop community youth activity facilities exists in the neighborhooc)s of western Chu!a V~sta which is of concern to both the City and the District; and. WHEREAS. the discontinuance of the ,Boys' Club facility at 495 "I" Street in Chula Vista to accommodate oxpdnsion/rcnovatton of the Chula Vista Shopping Center will further exacerbate that need', and. WHEREAS. funds exist under the cont~ol of the City which can be used for the provision of a youth facility to replace said Days' Club facility; and. WHEREAS. a site exists on the campus of Chula Vista HiUh School which could accomlnodate such a youth facility; and. WH[REAS. the development of such a facility at said site would create an opportunity for Use which would be of benefit to the District and to the District's students; and. tVHEREAS. the development of sucb a facility at said site would enhance the community youth activity facilities for western Chula Vista desir'~,d by the City. WITNESSETIt: Tills agreement is made upon the following ternis and Conditions: The term of this Ground [.ease and Joint Use Aqreen:ent shall Conmlence on the flay of 1Q$I~1, and shall eKpire on the day of . p~TF~l.""ll~'mu'FG'[jal agreement of th,, city and the ~ct. this ag~ay be extended for an ac'ditic}nal tw,.,mty yt~ars with the terms and canal[titanS throu,)h written n~>tificatimn~ o~ the (?lstrict by the City. A. GROUND LEASE 1. Ground Lease: District does hereby rent unto City and City rents from District the{ certain ~eal property situated in the City of Chula Vista, State of California, and commonly described ~n Exhibit "A" hereto attached. he property subject to this agreement the sum of $1.00 per year for each and every year' so long as tenancy continues, Each installment of rental shall be paid in advance on the anniversary date of the e~ecution of this agreement to tile Sweetwater Union High School District, 1130 Fifth Avenue, Chula Vista, California 92011. 3. Remedy: if any rentals shall be due or unpaid, or tf default ~T be made tn any of the provisions otherwise contained heroin on the part of the City to be observed and performed, District m~y exercise any and all remedies provided by law or equity by reason of such default, Includln9 the right at District'S option of terminating th~s tenancy. 4. Events of Default: The failure or omission of District to terminate this lease for any violation of any of Its terms, conditions, or covenants, shall tn no way be deemed to be a consent by District to such violation and shall In no way bar, stop, or prevent DIstrict from terminating this lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. The acceptance of rent hereunder Shall not be or be construed to be a waiver of any term, covenant or condition of this lease. DESIGN~ CONSTRUCTION~ AND DISPOSIT[ON OF IMPROVEMENTS 1. Youth Facility: The City shall construct a youth facility on Vt ~'e Chula sta High School campus on the property subject to Ground Lease under Section A above, that youth facility to be approximately 14,000 square feet of building space with associated parking. The facility is conceptually planned to include a gymnasium with one standard-size ma~n basketball court and two practice b~sketball Courts perpencHcular to main court, an administrative off~ce, two aCtivity/craft rooms, one el which would be equipped to accommodate dance classes, and boys' and girls' restrooms. 2. _C tr Subsequent to consul tation ~ ;i i and potential youth Service provtder tenants, included at the option of the City, the youth facility will be designed at no cost to the District by a qualified architect. In addition to review and approval by the City Design Review Cemlnittee and the City Cquncil, the design shall be subject to approval by the DIstrict. In addition to all regular City approval processes, the construction pla-s shall be subject to the appT:oval of the State architect end be in conformity with the State Educational Field Act. 3. Upon termination of the ground lease and any extensions of that lease, all property improvements remainin,j on the property shall become the property of the District. C. JOINT USE 1. Use City: The City or its facility lessees shall have full use of f t'F~e aciltty during all non~school hours except as otherwise agreed upon. The City or Its lessees shall also have use of the facility during school hours only for administrative functions related to the facility and for maintenance functions other than custodtal, routine or emergency. Notwithstanding the above, all types Of uses by the City would be subject to all California State Educational Code sections regarding use of school facilities and would be subject to District. approval, that approval not to be unreasonably withheld by the District. District: The District would have full use of the facility ~]TFrt~chool hours and, as mutually agreed upon by the City and the District, during Certain after-school hours and Certain hours of the day during summer vacation. It is anticipated that the District will desire to conduct athletic teain practices and tntramural athletic coalpetition in the facility during after-school hours. Notwithstanding tile above. all types of uses by the Dtsb'tct would be subject to CIty approval and would be ltnlited to those appro~,ed by the City as not physically detrimental to the facility. General: Prohtbt ted types of uses ior both the Agency and the [T[s"tr~'F'T~T~ would include. but not he limited to. partisan political functions, d~,nominatt~mal religious services, and functions involvtr~q the scrvinq or consumption of alcoholic heveragi,s. 2. Schedul inn. of USP a. School Year'. I},,(, lit ~tl,. facility tly tilt, District during the Fr, qu,']~'F"~r~:lmol y~,ar (Septl,nlher throuqh June) sha~l be scheciul~d ,Inmlally by mutual agr~'omont of the City Director .~. Parks and Recreat!orl, the District Director of Support Services, and the Chula Vista High School Principal no later than the preceding May 1. b. Summer School: Use of the facility by the District during Su~neF"qj'[ffG'61"['J'O'~e through August) shall be scheduled annually by mutual agreement of the City Director of Parks and Recreat$on, the Dtstr~ct Director of Support Services, and the Chula Vista liigh School Principal no later than the preceding April 1. 3. Custodtal Services: The District shall provide all custodial ~'To'F"[~h'~'. subject facility and shall "maintain" the facility at all times in a clean, orderly and usable condition. "Custodial Services" shall lnoan cleaning the facility, restoring it daily to an orderly condition, and making minor repairs in order to maintain the day-to-day Serviceabtlit.y of the facility. The City shall be responsible for the i:l>st of cosradial services for tile subject facility ~n an amount proportionate to the use by tile City and its facility lessees. The City si~all reimburse the District on an annual basis in arrears for the custodial services for which the City is responsible and which the DistriCt has provided. The Ctty's proportionate Share shall be determined annually by mutual agreelnent of the City Director of Parks and Recreation. the District Director of Support Services, and the Chula Vista liigh School Principal and shall be based on records of usage maintained by the City and the District. Reimbursement to the District shall be based on actual rate of cost to the District for custodt4l services for the subject facility. The District shall be responsible for the cost of custodial services related to its use of the facility. The Dtstrtc~ shall make the Agency inkedlately aware of any deficlnncies in the facility which are observed by the District's custodial staff and which could have a detrinlental effect on the condition or longevity of the building or equipment or fixtures within the facility or which could pose health or safety hazards to facility occupants or the general public. 4. General Maintenance and R~nlent: The City si~all be re"6'~T~ns'TTGl~TnerjF~'lT~lntenan'TT and replacement of the facility for the tl, rnl of this agreemen,. lhe Distric, s~ll be responsible for reimbursemeant to the City for tile ~leneral maintenance and replacemeant at thu facility where use by t~e District or its agents or lessem,s causes damage or excessive wear and tear as mutually agreed upon hy the City Dinactor of Parks and Recreation, the District (}ireCtor of Support Services. and the chula Vista High School rrincipal. Such reimbursement shall he ;nadp within 30 days uI noti(ication Of the District by the City following general maint~'nance ~r r~,pl)cement. -4- 5. Utilities: The City shall contract for utility services of gas, ~ water and sewer for the iaciiity and shall be responsible for payment of utility charge billings. Utility service costs shall be shared by the City and the District proportionate to respective facility usage. The proportionate shares shall b,.' determinpd annually by mutual agrc'ement of the CIty Director of Parks and Recreation, the District Director of Support Services, and the Chula Vista High School Principal and sh~,ll be based On recl~rds oi usage maintatne,1 ny the City and the District. The District shall reinshorse the City on an annual basis in arrears for the d~2sign~tcd proportionate Share of utillty COSts. U. GENERAL PROVISIONS 1. Indemnification: Ctt~, and District agree to indemnify and save ~'~T'~'~"'~r~T~s each other and edch other's autllortzed agents, officers, and employees or the Ctty's sublessees against any liabilities and any costs and e~penses incurrod by either party or their authorized agents, officers, and employees on account of any claim or lawsuits artstrig from use of the property or facility, Thts provision ts intended to share any potential liability 8rising out of use of the factltty as provided in Government Code Sections 895.4 and 895,6. The Ctty wtll indemnify and save Dtstrtct free and harmless Irnm all claims arising from construction of the Joint use facility, including but not limited to mechaniC's liens for labor and materials, and O cost of defending against such claims, including reasonable attorney'S fees. 2. Insurance: City shall provide evidence of general liability T~ coverage for 8 minimum of $5 million for the use of the subject premtses and facilities by itself and its agents and sublessees and shall name the District as additional insured. DiStrict shall provide evidence of general liability insurance coverage for a minimum of $5 million for the use of the subject facility by itself and its agents and sublessees and shall name the City as additional insured. 3. Athletic Field Use: Any use of the Chula Vista Iligh School a~h~T~"'h"'~lds by the Ctty or t is fact l I ty lessees is not covered by this agreement, hut shall be subject tn the District's regular facility use process. 4. /'~.endment: This agreenlent may be amended rrlm~ C~l~,~, to time by l!'h"~'q~l c~nsent of the part4es hereto and only in the sanw: manner as tts adoption. The term this "agreement" herein SlhHI include any such amendments properly approved and executed. 5. Notices: All notices required or provided for under this ~greement shall be in writing and delivered in person or sent by certified mail, postage pro-paid, return receipt requested, to the principal office of the City and the District. Notice shall be effective on the date delivered In person. or the date when the postal authorities indicate that the mailing was delivered to the address of the r~:ceiving party indicated below: Notice to District: Sweetwater Union High School DiStrict Superintendent ll30 Fifth Avenue Chula Vista, CA 92011 Notice to City: City of Chula Vista City Manager 276 Fourth Avenue Chula Vista, CA 92010 Such written notices, demands, correSpondenCe and cormnun~cation may be sent in the same manner to such other persons and addresses as either party may from time to time desicjnate by mail as provided in this section. A party may change its address by giving notice in writing to the other party and thereafter notices shall be delivered or sent to such new address. 6. Institution of Le.qal Action: In addition to any other rtghts or remedies, either party may institute legal action to cure, correct or remedy any defaul t, to enforce any covenants or agreements heroin or to enjoin any threatened or attempted violation thereof', to recover damages for any default, or to obtain any other remedies consistent with the purpose of this agreement. Such legal actions must be instituted in the Superior Court of the County of San Diego, State of California,or tn the Plun(cipal Court of the County of San Diego, or in tNe Federal D{str{ct Court in the Southern District of California. 7, Applicable Laws/Attorne s' Fees: This aarecmunt shall be construP~'~'.Tnd enf6rCod 'n~acco'~r~ance w~th thL~ laws of tile State of [alIfornla. Should any actleo be ;r.,,u~/.,L ~n any court of competent Jurisdiction, the prevailing party ~n such action shall he entitled to all attorneys' fees, court costs and necessary dtsbursements In connection with such 1 t t~ gaUon. -6- agreement of the parties. This agreement integrates all of the terms and ~ondtttons mentioned heroin or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written CITY OF CHULA VISTA SWEE1~,/ATER Ut2ION HIGH SCHOOL DISTRICT BY: [!Y: WPC 3635H GROUND LEASE AND JOINT USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SWEETWATER UNION HIGH SCHOOL DISTRICT REGARDING YOUTH FACILITY AT CHULA VISTA HIGH SCHOOL THIS GROUND LEASE AND JOINT USE AGREEMENT is entered into on this 1st day of September , 1988, between the CITY OF CHULA VISTA, herei~after referred to as "City", and the SWEETWATER UNION HIGH SCHOOL DISTRICT, hereinafter referred to as "District". RECITALS WHEREAS, a need for community youth activity facilities exists in the neighborhoods of western Chula Vista which is of concern to both the City and the District; and, WHEREAS, the discontinuance of the Boys' Club facility at 495 "I" Street in Chula Vista to accommodate expansion/renovation of the Chula Vista Shopping Center will further exacerbate that need; and, WHEREAS, funds exist under the control of the City which can be used for the provision of a youth facility to replace said Boys' Club facility; and, WHEREAS, a site exists on the campus of Chula Vista High School which ,uld accommodate such a youth facility; and, WHEREAS, the development of such a facility at said site would create an opportunity for use which would be of benefit to the District and to the District's students; and, WHEREAS, the development of such a facility at said site would enhance the community youth activity facilities for western Chula Vista desired by the City. WITNESSETH: This agreement is made upon the following terms and conditions: The term of this Ground Lease and Joint Use Agreement shall commence on the 1st day of September , 1988, and shall expire on the 1st day of September , 2028. By mutual agreement of the City and the ~ct, this agreement may be extended for an additional twenty years with the same terms and conditions through written notification of the District by the City. A. GROUND LEASE 1. Ground Lease: District does hereby rent unto City and City rents from District that certain real property situated in the City of Chula Vista, State of California, and commonly described in Exhibit "A" hereto attached. 2. Compensation: City shall pay to the District as and for the rental of the property subject to this agreement the sum of $1.00 per year for each and every year so long as tenancy continues. Each installment of rental shall be paid in advance on the anniversary date of the execution of this agreement to the Sweetwater Union High School District, 1130 Fifth Avenue, Chula Vista, California 92011. s~' If any rentals shall be due or unpaid, or if default 3. 'be made in any of the provisions otherwise contained heroin on the part of the City to be observed and performed, District may exercise any and all remedies provided by law or equity by reason of such default, including the right at District's option of terminating this tenancy. 4. Events of Default: The failure or omission of District to terminate this lease for any violation of any of its terms, conditions, or covenants, shall in no way be deemed to be a consent by District to such violation and shall in no way bar, stop, or prevent District from terminating this lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. The acceptance of rent hereunder shall not be or be construed to be a waiver of any term, covenant or condition of this lease. B. DESIGN, CONSTRUCTION, AND DISPOSITION OF IMPROVEMENTS 1. Youth Facility: The City shall construct a youth facility on the Chula Vista High School campus on the property subject to Ground Lease under Section A above, that youth facility to be approximately 14,000 square feet of building space with associated parking. The facility is conceptually planned to include a gymnasium with one standard-size main basketball court and two practice basketball courts perpendicular to main court, an administrative office, two activity/craft rooms, one of which would be equipped to accommodate dance classes, and boys' and girls' restrooms. -2- 2. Facility Design and Construction: Subsequent to consultation ! among the District, the City, and potential youth service provider tenants, included at the option of the City, the youth facility will be designed at no cost to the District by a qualified architect. In addition to review and approval by the City Design Review Committee and the City Council, the design shall be subject to approval by the District. In addition to all regular City approval processes, the construction plans shall be subject to the approval of the State architect and be in conformity with the State Educational Field Act. i 3. Upon termination of the ground lease and any extensions of that lease, all property improvements remaining on the property shall become the property of the District. C. JOINT USE 1. Use City: The City or its facility lessees shall have full use of t'~"facility during all non-school hours except as otherwise agreed upon. The City or its lessees shall also have use of the facility during school hours only for administrative functions related to the facility and for maintenance functions other than custodial, routine or emergency. Notwithstanding the above, all types of uses by the City would be subject to all California State Educational Code sections regarding use of school facilities and would be subject to District approval, that approval not to be unreasonably withheld by the District. District: The District would have full use of the facility during school hours. As mutually agreed upon by the City and the District, the District may also use the facility during certain after-school hours and certain hours of the day during summer vacation. It is anticipated that the District will desire to conduct athletic team practices and intramural athletic competition in the facility during after-school hours. Notwithstanding the above, all types of uses by the District would be subject to City approval and would be limited to those approved by the City as not physically detrimental to the facility. General: Prohibited types of uses for both the Agency and the ~ would include, but not be limited to, partisan political functions, denominational religious services, and functions involving the serving or consumption of alcoholic beverages. -3- i "School hours" shall be defined as constituting from the opening ~ to the closing of the regular session school day at Chula Vista / High School, from 7:30 a.m. to 2:25 p.m., Monday through Friday, from September 12 to June 22. If those school hours are amended in the future, any alteration of the hours or dates of full use of the facility by the District to correspond to those altered school hours shall be subject to mutual agreement by the City and by the District. 2. Schedulin~ of Use a. School Year: Use of the facility by the District during the regular school year ( September through June ) shal 1 be scheduled annually by mutual agreement of the City Director of Parks and Recreation, the District Director of Support Services, and the Chula Vista High School Principal no later than the preceding May 1. b. Summer School: Use of the facility by the District during Summer School (June through August) shall be scheduled annually by mutual agreement of the City Director of Parks and Recreation, the District Director of Support Services, and the Chula Vista High School Principal no later than the preceding April 1. 3. Custodial Services: The District shall provide all custodial ~, services for the subject facility and shall "maintain" the facility at all times in a clean, orderly and usable condition. "Custodial Services" shall mean cleaning the facility, restoring it daily to an orderly condition, and making minor repairs in order to maintain the day-to-day serviceability of the facility. The City shall be responsible for the cost of custodial services for the subject facility in an amount proportionate to the use by the City and its facility lessees. The City shall reimburse the District on an annual basis in arrears for the custodial services for which the City is responsible and which the District has provided. The City's proportionate share shall be determined annually by mutual agreement of the City Director of Parks and Recreation, the District Director of Support Services, and the Chula Vista High School Principal and shall be based on records of usage maintained by the City and the District. Reimbursement to the District shall be based on actual rate of cost to the District for custodial services for the subject facility. The District shall be responsible for the cost of custodial services related to its use of the facility. The District shall make the Agency immediately aware of any deficiencies in the facility which are observed by the District's custodial staff and which could have a detrimental -4- effect on the condition or longevity of the building or equipment or fixtures within the facility or which could pose heal th or safety hazards to facility occupants or the general public. 4. General Maintenance and Replacement: The City shall be responsible for general maintenance and replacement of the facility for the term of this agreement. The District shall be responsible for reimbursement to the City for the cost of general maintenance and replacement of the facility where use by the District or its agents or lessees causes damage or excessive wear and tear as mutually agreed upon by the City Director of Parks and Recreation, the District Director of Support Services, and the Chula Vista High School Principal. Such reimbursement shall be made within 30 days of notification of the District by the City following general maintenance or replacement. 5. Utilities: The City shall contract for utility services of gas, electric, water and sewer for the facility and shall be responsible for payment of utility charge billings. Utility service costs shall be shared by the City and the District proportionate to respective facility usage. The proportionate shares shall be determined annually by mutual agreement of the City Director of Parks and Recreation, the District Director of Support Services, and the Chula Vista High School Principal and shall be based on records of usage maintained by the City and the District. The District shall reimburse the City on an annual basis in arrears for the designated proportionate share of utility costs. D. GENERAL PROVISIONS 1. Indemnification: City and District agree to indemnify and save free and harmless each other and each other's authorized agents, officers, and employees or the City's sublessees against any liabilities and any costs and expenses incurred by either party or their authorized agents, officers, and employees on account of any claim or lawsuits arising from use of the property or facility. This provision is intended to share any potential liability arising out of use of the facility as provided in Government Code Sections 895.4 and 895.6. The City will indemnify and save District free and harmless from all claims arising from construction of the joint use facility, including but not limited to mechanic's liens for labor and materials, and cost of defending against such claims, including reasonable attorney's fees. 2. Insurance: City shall provide evidence of general liability insurance coverage for a minimum of $5 million for the use of the subject premises and facilities by itself and its agents and -5- sublessees and shall name the District as additional insured. District shall provide evidence of general liability insurance coverage for a minimum of $5 million for the use of the subject facility by itself and its agents and sublessees and shall name the City as additional insured. 3. Athletic Field Use: Any use of the Chula Vista High School athletic fields by the City or its facility lessees is not covered by this agreement, but shall be subject to the District's regular facility use process. 4. Amendment: This agreement may be amended from time to time by the mutual consent of the parties hereto and only in the same manner as its adoption. The term this "agreement" herein shall include any such amendments properly approved and executed. 5. Notices: All notices required or provided for under this agreement shall be in writing and delivered in person or sent by certified mail, postage pre-paid, return receipt requested, to the principal office of the City and the District. Notice shall be effective on the date delivered in person, or the date when the postal authorities indicate that the mailing was delivered to the address of the receiving party indicated below: Notice to District: ~__ ~ Sweetwater Union High School District Superintendent ll30 Fifth Avenue Chula Vista, CA 92011 Notice to City: City of Chula Vista City Manager 276 Fourth Avenue Chula Vista, CA 92010 Such written notices, demands, correspondence and communication may be sent in the same manner to such other persons and addresses as either party may from time to time designate by mail as provided in this section. A party may change its address by giving notice in writing to the other party and thereafter notices shall be delivered or sent to such new address. 6. Institution of Legal Action: In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein or to enjoin any threatened or attempted -6- L violation thereof; to recover damages for any default, or to obtain any other remedies consistent with the purpose of this ~ agreement. Such legal actions must be instituted in the Superior Court of the County of San Diego, State of · California,or in the Municipal Court of the County of San Diego, or in the Federal District Court in the Southern District of California. 7. Applicable Laws/Attorneys' Fees: This agreement shall be construed and enforced in accordance with the laws of the State of California. Should any action be brought in any court of jurisdictio,. the prevaili,g party in suc, actio, entitled to all attorneys' fees, court costs and necessary disbursements in connection with such litigation. 8. Entire Agreement: This agreement constitutes the entire understanding and agreement of the parties. This agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. ~TY OF CHULA VISTA SWEETWATER UNION HIGH SCHOOL DISTRICT Gr x y Nick Aguilar, ~sident WPC 3635H BY: Anthony J. T "' , S~(~etary -7- EXHIBIT "A" A portion of Lot 14 of quarter section 146 of Rancho de la Nacion according to map thereof No. 505 as filed in the Office of the County Recorder, County of San Diego, State of California, more particularly described as follows: Beginning at the southwest corner of said Lot 14; thence, along the southerly line of said Lot 14 north 70°53'10'' east a distance of 474.00 feet; thence, leaving said southerly line, north 19004'29" west a distance of 105.00 feet; thence, parallel with said southerly line south 70°53'10" west, a distance of 160.00 feet, Thence south 19°04'29" east a distance of 15.00 feet; thence south 70°53'10" west, a distance of 25.00 feet; thence south 19o04'29" east a distance of 10.00 feet; thence south 70°53'10" west a distance of 70.00 feet; thence south 19~04'29'' east a distance of 25.00 feet; thence south 70°53'10" west a distance of 219.00 feet to the westerly line of said Lot 14; thence south 19°04'29" east a distance of 55.00 .feet to the point of beginning. Project Name Youth Facility Date 6-7-8B Project Address Northeast Corner o£ uL" and Fifth Avenue To: Planning, Department Environmental Review Coordinator John Hardesty, Engineering Engineering, Subdivisions Building and Housing From: Fire Prevention Bureau This department has reviewed the information or plans referred to us by you. Please note the following comments: 1. Project shall be considered an Assembly occupancy, with all the requirements thereof. 2. Project will require the installation of a fire hydrant at the curb and one toward the rear of the building at the fire lane.