HomeMy WebLinkAbout1990 CON Boys and Girls Club - LeaseLEASE
This Lease, made and entered into this day of
1989, by and between the City of National City, State of California,
hereinafter designated as "Lessor" and the Boys and Girls Club of National
City, California, Incorporated, of said City and State, hereinafter
designated as "Lessee."
RECITALS
A. Lessee is desirous of leasing from Lessor certain real property
for the purpose of maintaining a clubhouse thereon and for promoting the
physical, mental and moral well-being of the boys and girls of the City of
National City and for boys and girls in the immediate vicinity thereof.
B. The use of said property for the purpose aforementioned will
promote the general welfare of all the inhabitants of the City of National
City.
NOW, THEREFORE, the parties hereto agree as follows:
1. Leased Premises. Lessor does hereby lease, demise and let to Lessee
the following described property situated in the City of National City,
County of San Diego, State of California, to wit:
That portion of Blocks 3 and 4 in Lot 7 per Map No. 552 records of San
Diego County, California, November 4th, 1914, described as follows:
Beginning at the southwest corner of Lot 11 in Block 4 of Lot 7 in
said Map No. 552; thence, north 19°west along the east line of said Lot 11
a distance of four feet to the TRUE POINT OF BEGINNING; thence, south 71°
west, 340 feet; thence, north 23° west, 105 feet; thence, north 38°43'52"
east, 53.05 feet; thence, north 46° east, 56 feet; thence, north 62°east,
104 feet; thence, north 71° east, 70 feet; thence, north 19° west, 10 feet
to a cusp to a curve concave to the northwest, with a radius of 36 feet, a
radial line to said cusp },Pars north 28° 23'41" east, thence, along said
curve southerly, easterly and northerly a distance of 59.56 feet -through an
angle of 94° 47'22" to an intersection with a line hPAring north 71° east,
radial line to said point bears south 66°23'41" east; thence, north 71°
east a distance of 26 feet to an intersection with the east line of the
aforesaid Block 4; thence, south 19° east along said east line 183 feet to
the TRUE POINT OF BEGINNING.
Commonly known as 1430 "D" Avenue, National City, California.
Page 1 of 6
That portion of Block 4 in Lot 8 per Map No. 552 rxnrds of San Diego
County, California, November 4th, 1914, described as follows:
All of Lots 1, 2, 3, 4, 5, and 6 together with the westerly ten feet
adjacent to and contiguous with the westerly lines of above said
lots. AND ALSO; the northerly ten feet adjacent to, contiguous with
and north of the north line of said Lot 1. EXCEPTING therefrom; that
portion bounded by the arc of a ten foot radius curve concave to the
southeast, the north line and the west line of said northerly ten
feet.
Commonly known as 1521 "C" Avenue, National City, California.
2. Term. This TPase shall be for a term of fifty-five (55) years
beginning on the date first above written, unless sooner terminated as
provided herein.
3. •Rent. Lessee shall pay as rent for the leased premises the sum of
Dollar ($1.00) per year.
4. Use. The above described premises are leased to Lessee by Lessor for
the purpose of maintaining a Boys and Girls Club and to be used exclusively
and for no other purpose than to maintain said Boys and Girls Club and to
promote the physical, mental and moral well-being of the boys and girls of
the City of National City and territory adjacent thereto and to provide
such means of education, wholesome recreation and proper guidance. as may
seem most likely and desirable for the accomplishment of the purposes
herein set forth.
5. Assignment. This Lease shall not be assigned or transferred nor shall
Lessee have the right to sublet the leased premises or any part thereof,
without the consent in writing of the City Council of Lessor evidenced by a
resolution thereof duly adopted for said purpose.
6. Improvements. Lessee shall 1- r the entire expenses arising by reason
of any improvements on the lease premises, and any improvement shall
conform with all the requirements of laws of the State of California and
the ordinances of the City of National City, in connection therewith and in
the operation and maintenance thereof.
Page 2 of 6
7. Repair. Lessor shall not be liable for the repair of upkeep and/or
maintenance of any improvement to be locatxi on the lease premises. Lessee
shall be responsible for all maintenance and repair, and the gosts of all
utilities on the leased premises. Lessee shall keep the leased premises
in as good order, condition and repair as reasonable use and wear thereof
will permit.
8. Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold
harmless the City of National City and its officers and employees fran all
liability, loss, costs, claims, demands, suits, and defense costs arising
out of the use and maintenance of the leased premises and the improvements
thereon by Lessee.
9. Insurance. Lessee shall take out and maintain, throughout the period
of this Lease, comprehensive general liability insurance with minimum
limits of One Million Dollars ($1,000,000.00) canbined single limit per
occurrence, covering all bodily injury and property damage arising out of
this Lease.
This policy shall name Lessor and its officers, agents, and employees
as additional insureds, and shall constitute primary insurance as to
Lessor, its officers, agents and employees, so that any other policies held
by Lessor shall not contribute to any loss under said insurance. Said
policy shall provide for thirty (30) days' prior written notice to Lessor
of cancellation or material change. Prior to commencement of this Lease,
Lessee shall furnish Lessor a certificate of insurance and with original
endorsements affecting coverage required by this clause.
The certificate and endorsements for the insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its
behalf. The certificate and endorsements are to be received and approved
by Lessor before this Agreement is signed.
Page 3 of 6
Lessee shall keep the improvements located on the leased premises
insured against loss or damage by fire in the amounts not less than eighty-
five (85) percent replacement value.
If the required insurance coverage is provided on a "claims made"
rather than "occurrence" form, Lessee shall maintain such insurance
coverage for three (3) years after expiration of the term (and any
extension) of this Lease.
If Lessee does not keep an insurance policy in full force and effect
at all times during the term of this Lease, Lessor may elect to treat the
failure to maintain the requisite insurance as a breach of contract and
terminate this Lease forthwith.
Insurance provisions of this Lease may be reviewed by Lessor every
five (5) years, and the required coverages increased as deemed necessary by
Lessor.
10. Inspection. Lessor, by and through its proper officer, reserve and
shall always have the right to enter the leased premises for the purpose of
viewing and ascertaining the conditions of the same and the operation and
maintenance thereof.
11. Termination. The premises hereby leased are to be used by Lessee as a
Boys and Girls Club and for no other purpose, as aforesaid, and it is
further agreed between the parties that should the Boys and Girls Club of
National City, California, Incorporated, ceased to exists, then, at the
option of Lessor, this Lease shall be deemed cancelled and of no further
force and effect, and all liabilities of the parties hereunder shall
cease. Lessor may terminate this Lease upon ninety (90) days' written
notice to Lessee in the event Lessor determines the leased premises are
needed for public or municipal purposes. It is agreed that notice by
Lessor to terminate this Lease as herein provided shall be served upon the
President or Secretary of Lessee.
Page 4 of 6
12. Removal of Improvements. It is further agreed between the parties
that at the termination of expiration of this Lease or any renewal thereof,
Lessee shall within thirty (30) days remove any and all buildings,
structures, and other improvements or parts of buildings, or fixtures, or
personal property plced or erected on the leased premises, during the term
thereof, or any renewal thereof, and that all expense connected with such
removal shall be borne by the Lessee. Lessor shall have the right to sell,
destroy, remove, or otherwise dispose of any property or improvements left
on the leased premises longer than thirty (30) days after termination of
this Lease.
13. Non -Discrimination. Lessee agrees that there shall be no
discrimination against or segregation of any person or group of persons,
because of race, color, creed, national origin, sex, ancestry, marital
status, physical handicap, or medical condition, in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of the
leased premises, nor shall Les:cc, or any person claiming under or through
it, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number use, or
occupancy of tenants, lessees, subleases, subtenants, or vendees in the
leased premises.
14. Waiver. The failure or omission of Lessor to terminate this Lease for
any violations of any of its terms, conditions, or covenants, shall in no
way be deemed to be a consent by Lessor to such violation and shall in no
way bar, stop or prevent Lessor fran 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 construed to
be a waiver of the breach of any term, condition or covenant of this Lease.
Page 5 of 6
15. Signs. Lessee agrees that no sign, advertisement, or notices shall be
inscribed, painted or affixed on or to any part or portion of the outside
of the leased premises except to be of such type and color, size and style,
and in such place as may be approved by the City of National City.
16. Taxes. Lessee recognizes and understands that this Lease may create a
possessory interest subject to property taxation and that Lessee may be
subject to the payment of property taxes levied on such interest. Lessee
further agrees to pay any and all property taxes, if any, assessed during
the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue
and Taxation Code against Lessees's possessory interest in the lease
premises.
IN WITNESS WHEREOF, this Lease is executed by the City of National
City, pursuant to resolution authorizing the Mayor to execute the same for
and on behalf of said City, and the Boys and Girls Club of National City,
Incorporated, has caused this instrument to be executed by its proper
officers thereunto duly authorized and its corporate name and seal to be
hereunto affixed the day and year in this Lease first above written.
APPROVED AS TO FORM:
BY:
(merge H. Eiser, III
City Attorney
THE CITY OF NATIONAL CITY
BY:
George H. Waters, Mayor
BOYS AND GIRLS CLUB OF NATIONAL
CITY, INCORPORATED
BY:
President
L
Vim Cet.tSs-
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City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE February 13, 1990
AGENDA ITEM NO. 7
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONNAL CITY AUTHORIZING
THE MAYOR TO EXECUTE A LEASE WITH THE BOYS AND GIRLS CLUB OF NATIONAL CITY
PREPARED BY GEORGE H. EISER, III
DEPARTMENT CITY ATTORNEY
EXPLANATION. The City has an existing lease with the Boys' Club and Girls' Club for
1430 "D" Avenue and 1521 "C" Avenue. The Boys' Club lease was entered into in 1949, and
the Girls' Club lease was entered into in 1972.
Pursuant to Council direction, I have combined the existing leases into one lease
with the Boys' and Girls' Club. The Club has approved and executed the new lease, a copy
of which is attached. The main points of the new lease are as follows:
1. Term is for 55 years.
2. Rent is $1.00 per year.
3. Use of property is solely to maintain a Boys and Girls Club.
4. Lease may not be assigned without consent of the City Council.
5. The Club will bear all expense of any improvements on the property, including
all repairs.
6. The Club will indemnify and hold harmless the City, and maintain public
liability insurance.
7. The City may terminate the lease and require all improvements to be removed if
the property is needed for public or municipal purposes.
8. All signs on the property are subject to City approval.
Environmental Review x N/A
Class 1 Categorical Exemption
Financial Statement
N/A
Account No.
TAFF�OMMENDATION
Adopt Resolution
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No. 16,174
Proposed Resolution
Proposed Lease
A-200 (Rev. 9/80)
RESOLUTION NO. 16,174
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A
LEASE WITH THE BOYS AND GIRLS CLUB OF NATIONAL CITY
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute
a lease with the Boys and Girls Club of National City for
City -owned property commonly known as 1430 "D" Avenue and 1521
"C" Avenue, National City. A copy of said lease is on file
in the Office of the City Clerk.
PASSED and ADOPTED this 13th day of February, 1990.
George H. Waters, Mayor
ATTEST:
Lori Anne Peoples, City Clerk
APPROVED AS TO FORM:
4441
George H. Eiser, III
City Attorney