Loading...
HomeMy WebLinkAboutCC RESO 16,127RESOLUTION NO. 16,127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL SCHOOL DISTRICT FOR USE OF PART OF EL TOYON PARR FOR A SCHOOL- PLAYGROUND BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to enter into a lease agreement between the City of National City and the National School District for use of part of El Toyon Park for a school playground. A copy of said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 21st day of November, 1989. George H. Waters, Mayor ATTEST: -0-6 Lori Anne Peoples, City Clerk APPROVED AS TO FORM: A.4 George H. Eiser, III City Attorney LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL SCHOOL DISTRICT FOR USE OF PART OF EL TOYON PARK FOR A SCHOOL PLAYGROUND This lease Agreement, made and entered into this ____ day of , 1989, by and between the CITY OF NATIONAL CITY, a municipal corporation, hereinafter referred to as "CITY", and the NATIONAL SCHOOL DISTRICT, hereinafter referred to as "DISTRICT". 1. Lease Premises. CITY will lease to DISTRICT the western edge of El Toyon Park, west of the scoreboard and south of the Water Authority facilities, to be used exclusively by DISTRICT as a playground area. The leased area is more specifically depicted in the attached Exhibit "A". 2. Rent. DISTRICT will pay to CITY as rental for the lease property the sum of One Dollar per year. Obligations of CITY. CITY will clear and clean weeds from the leased area. 4. Obligations of DISTRICT. During the term of this Lease Agreement, DISTRICT shall comply with the following obligations: a. Purchase and maintain all playground equipment to be installed in the leased area. Must be approved by Park Director. b. Perform regular maintenance and cleaning of the leased area and all improvements placed thereon. c. Construct and maintain a 6 foot fence along the eastern edge of the leased area, and replace the fence along the western boundary of El Toyon Park, all at the sole cost and expense of DISTRICT. d. Provide sand in and around the playground equipment to a depth of not less than 12 inches. e. Provide supervision of all activities occurring on the leased premises. 5. Term. The term of this Lease Agreement shall be for one year, and shall automatically be renewed at the end of each lease term for an additional one year unless written notice of termination is given by either party in accordance with Paragraph 6. 6. Termination. This Lease Agreement may be terminated by either party, at any time, by giving 30 days' written notice of termination to the other party. 7. Indemnification and Hold Harmless. DISTRICT hereby agrees to indemnify, defend, and hold harmless CITY and its officers and employees from any and all liabilities, losses, claims, demands, or actions, arising in any way from the negligent or intentional acts or omissions of DISTRICT or its officers or employees in the performance of this Lease Agreement. 8. Insurance. DISTRICT shall maintain, during the term of this Lease Agreement, comprehensive general liability insurance with minimum limits of One Million Dollars combined single limit per occurrence, covering all bodily injury and property damage arising out of this Lease Agreement. Said policy shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY, its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for 30 days' prior written notice to CITY of cancellation or material change. Prior to commencement of this Lease Agreement, DISTRICT shall furnish CITY a certificate of insurance and with original endorsements affecting coverage required by this clause. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, DISTRICT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Lease Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed the day and year first hereinabove set forth. NATIONAL SCHOOL DISTRICT: By . CITY OF NATIONAL CITY By . Waters, Mayor ATTEST: 1 L-(L 2 Loor Ann Peoples, City Clerk APPROVED AS TO FORM: 4 George H. Eiser, III • • g05 -Freeway a FoorPAm SCof:E Go, RD Foerr BALL FUELD WELL. Z_� EXHIBIT "A"