HomeMy WebLinkAboutReso 1988-13470 RESOLUTION NO. 13470
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A LICENSE AGREEMENT BETWEEN
SAN DIEGO GAS & ELECTRIC COMPANY AND THE CITY OF
CHULA VISTA FOR USE OF LAND FOR PARK PURPOSES, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the easterly extension of Marina View Park,
located at the southeasterly corner of West J Street and Bay
Boulevard, is rapidly approaching completion, and
WHEREAS, the park is being constructed on property owned
by San Diego Gas & Electirc, and
WHEREAS, after considerable negotiations, a license
agreement for use of the property for park purposes has been
worked out between the City and SDG&E.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain License Agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and SAN
DIEGO GAS & ELECTRIC, for use Of land for park purposes, dated
the 1st day of March , 1988 , a copy of which is
attached hereto and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
E. R. Asmus, Assistant City D. Richard Rhdo~%i~tant
Manager City Attorney
3918a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
~,..JLA VISTA, CALIFORNIA, this 1st day Of. March
19 88 , by the following vote, to-wit:
AYES: Councilmembers Malcolm, McCandliss, Moore, Cox
NAYES: Counci 1 members None
ABSTAIN: Councilmembers None
ABSENT: Counci ] members Nader
~f ChulO ViStO
ATTEST ~ler~k' ~
~ 'E OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chub Vista, California,
DO HEREBY CERTIFY thor the obove and foregoing is 0 full, true ond correct copy of
RESOLUTION N0. ]_3470 ,and that the some hos not been omended or repealed
DATED
City Clerk
CIIY OF
CHULA VISTA
CC-660
LICENSE
THIS License, made and entered into as of this 1st day of
March ,19 88 by and between SAN DIEGO GAS & ELECTRIC
COMPANY, a California corporation, hereinafter called "LICENSOR,"
and City of Chula Vista, a municipal corp. hereinafter called
"LICENSEE."
In exchange for the payment of consideration by LICENSEE, and
performance of the conditions and covenants herein contained,
LICENSOR hereby extends a license to LICENSEE to use LICENSOR'S
real property as followsl
1. Licensed Premisesl The real property which is the subject
of this License (herelnafter called "Licensed Premises"), is
located at County of San Diego, State of California, as further set
forth on Exhibit "A", attached hereto and incorporated herein by
reference.
2. Standard License Provisionsl In addition to the terms set
forth in this License, LICENSEE agrees to comply with, and be bound
by, the Standard License Provisions set forth in Exhibit "B",
attached hereto and incorporated herein by reference.
3. Term of Licensel This License shall be for a term
of five (5) year{s) commencing on January 1, 1988, and
terminating at midnight on December 31, 1992, unless sooner
revoked or terminated as herein provided.
4. Consideration for Llcensel LICENSEE shall pay to LICENSOR
as the first year's consideration, without deduction, set-off,
prior notice, or demand the sum of $10.00.
The base annual consideration, and all consideration
for each subsequent years, shall be payable in advance on the
first day of January each and every year commencing on January 1,
1988.
5. Extension: LICENSOR grants to LICENSEE an option to
extend this License for five (5) years after the expiration of
the original term hereof. LICENSEE may exercise this option by
giving written notice to LICENSOR at least ninety 190) days prior
to the expiration of this License. If this option is exercised,
all terms and conditions of this License shall remain the same
with the exception of base annual consideration. The base annual
consideration will be renegotiated to the mutual satisfaction of
each party prior to termination of the original term.
6. Use of Premises: This License is non-exclusive, per-
sonal to the LICENSEE, cannot be assigned and is valid for the
following uses onlyi
The premises may be used by LICENSEE solely for park
purposes, which shall at all times be under the competent and
effective supervison of agents, servants and employees of
Licensee. Licensee shall not use the premises for any commercial
or business purpose.
7. RevocabilitV: LICENSOR or LICENSEE may revoke and thereby
terminate this License for any reason, at any time, without cause,
by giving either party sixty (60) days written notice.
8. Notices: Pursuant to Paragraph 2 of Exhibit B, notices to
be given to LICENSEE shall be addressed as follows:
City of Chula Vista - Planning Department
276 Fourth
Chula Vista, CA 92010
Attni Gary Willjams
9. Taxesi As additional consideration for this License,
LICENSEE shall reimburse to LICENSOR within ten (10) days after
receiving written demand therefore, a sum of money equivalent to
the taxes levied or assessed against the Licensed Premises while
occupied by LICENSEE pro-rated to the extent this License was not
in effect for a portion of the applicable tax year. LICENSEE
shall also reimburse LICENSOR for taxes levied against improve-
ments and personal property placed or constructed on the Licensed
Premises by LICENSEE. LICENSEE shall not be responsible for
taxes levied against improvements and personal property placed or
constructed on the Licensed premises by LICENSOR.
10. Paragraph 1 and 21 of said Exhibit "B" are hereby
deleted.
LICENSOR: LICENSEE:
SAN DIEGO GAS & ELECTRIC CITY OF CHULA VISTA,
COMPANY, a California a municipal corporation
Corporation