SWEETWATER UNION HIGH SCHOOL DISTRICT
RESOLUTION NO. 3141
RESOLUTION APPROVING INTENT TO CONVEY A LEASE INTEREST IN REAL PROPERTY
ON THE MOTION of Member Sandoval, seconded by Member Cartmill, the following resolution is hereby adopted:
WHEREAS, the Sweetwater Union High School District (the "District") owns certain property located at 1051 Picador Boulevard, San Diego, California 92154 and commonly known as Montgomery Middle School (the "School Property"); and
WHEREAS, the District has determined that the portion of the School Property fronting on Arey Drive and consisting of approximately five (5) acres (the "Available Property"), is not currently needed for school classroom buildings and is anticipated not to be needed for expansion purposes in the future; and
WHEREAS, pursuant to the provisions of the Education Code, commencing with Section 17455, the District may lease for a term not exceeding 99 years any real property belonging to the District that is not needed for school classroom buildings; and
WHEREAS, the District desires to offer for lease, pursuant to the findings specified in this Resolution, the Available Property under the basic terms and conditions specified in the findings, below, and the additional terms and conditions to be specified in the Lease Agreement (the "Lease") to be entered into by and between the District and the entity that submits the successful proposal (the "Tenant"); and
WHEREAS, Education Code Section 17466, requires the District to set a date for a public meeting at least three weeks from the date of adoption of this Resolution and to receive and consider sealed proposals to lease the property at said public meeting.
NOW THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Sweetwater Union High School District (The "Board") as follows:
1. All the recitals set forth above are accurate to the best of the information of the Board.
2. The Available Property is not needed for school classroom buildings.
3. It is in the best interest of the District to offer the Available Property for lease under the following basic terms and conditions and additional terms and conditions as specified in the Lease to be entered into by and between the District and the Tenant.
a. Term: The initial term of the Lease shall be for twenty-five (25) years, and conditioned on the completion of the Improvements identified below and provided the Lessee does not default under the Lease Agreement, Lessee shall be given the option to extend the term by an additional twenty-five (25) year period.
b. Rent: The Rent shall be One and No/100 Dollars ($1.00) per year, payable for the entire term at the commencement thereof.
c. Improvements: The Tenant shall construct upon the Premises, at its sole cost and expense, at minimum, the following improvements (the "Improvements"):
Brief Description Minimum Area (Sq. Ft.)
Administration and Social Area 5,982
Locker/Shower Room 4,115
Gymnasium/Exercise Studio 9,368
Wellness Center 5,511
Six Lane 25 year Outdoor Pool 6,234
Synthetic surface walled Soccer Area 18,000
Landscaping As needed
Parking 200 cars
d. Use: The uses of the Improvements shall be primarily for recreational, educational, educational, and social programs and services intended to benefit the community, including but not limited to those described in Exhibit A, attached hereto and incorporated herein by reference, and any other uses needed in the community and appropriate for the types of Improvements constructed. The District reserves the right to review and comment upon the programs being provided or made available to the community by Tenant on an annual basis.
e. Reserved District Use: Students of the District shall be allowed to use the Improvements on times and days to be agreed upon by the District and the Tenant.,
f. All Improvements shall be in compliance with the Field Act, pursuant to California Education Code, commencing with Section 17280, as applicable. Tenant shall take all required actions to ensure such compliance.
g. Tenant shall be solely responsible for obtaining all permits required in connection with the construction of the Improvements.
h. To the extent applicable, Tenant shall comply with the Fingerprinting Requirements of the Education Code, Section 45125.1.
i. Tenant shall be solely responsible for payment of all applicable taxes, utilities, and insurance, to the satisfaction of the District, and for complying with tall additional terms and conditions imposed by the District under the Lease.
j. Tenant shall comply with all applicable laws, rules, and regulations in connection with the Lease and the improvements.
4. The annual rent of the premises for One and No/100 ($1.00) Dollars per year is adequate considering the terms and conditions to be imposed upon use of the premises and the requirement that the Improvements be made available to the District for use by District students. Therefore, the Board determines that, in its opinion, the rental value of the premises as provided hereunder does not exceed Fifty and No/100 ($50.00) Dollars.
5. Pursuant to the requirements of Education Code Section 17466, a public meeting of the Board shall be held on November 17, 2003, at 7:00 p.m., at the following location:
Sweetwater Union High School District
Board Meeting Room
1130 Fifth Avenue
Chula Vista CA 91911
6. At the public meeting, the Board shall consider all written and oral proposals conforming to the terms and conditions set forth in this Resolution that are received by the Board in connection with the proposed lease of the Available Property. The Board reserves the right to reject all proposals.
7. Since the uses of the Improvements is intended to primarily benefit the District and the community, the Board shall only consider proposals that include adequate assurance that the terms and conditions of the Lease will be fulfilled and that include results form a market study acceptable to both the District and the Tenant.
a. If this Resolution is unanimously approved, the Board shall have unanimously determined that the rental value of the Available Property, under the terms and conditions as provided hereunder, does not exceed Fifty and No/100 ($50.00) Dollars, in which case, the Board directs the District's superintendent or his designees, to publish copies of this Resolution pursuant to the requirements of Education Code Section 17471; or
b. If this Resolution is approved only by a three to two vote, the Board directs the District's superintendent or his designee to post and publish copies of this Resolution in accordance with the requirements of Education Code Section 17469.
PASSED AND ADOPTED by the Board of Trustees of the Sweetwater Union High School District, County of San Diego, State of California, this 29th day of September, 2003, by the following vote:
AYES: 4 (CARTMILL, GRIEGO, RICASA, SANDOVAL)
State of California
County of San Diego
I, Sandra L. Smith, Clerk of the Board of Trustees, of the Sweetwater Union High School District, County of San Diego, State of California, do hereby certify that the foregoing is a true copy of a resolution adopted by said board at a regular meeting thereof, at the time and by the vote therein stated, which original resolution is on file in the office of said board.
/s/ Sandra L. Smith, Clerk
September 29, 2003
? Exercise classes including Yoga, step, Pilates, walking, stretching, aqua jogging and aquaerobics
? Fitness Center for;
-Free weights exercising
-Consulting for fitness and health
? Aerobic exercise for aerobics and relaxation activities
? Swimming for laps, recreational, water sports
? Indoor track
? Indoor soccer
? Indoor playground/kids gymnasium
? Social service programs
Pub. Nov. 7,10,11,12,13 -k109855
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