Loading...
HomeMy WebLinkAboutReso 1972-6482Form No. 342 Rev. 9-71 RESOLUTION NO. 6482 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STATE OF CALIFORNIA FOR LEASE OF STATE OWNED LANDS FOR PARK PURPOSES - NORTHEAST QUADRANT OF I-805 AND EAST "J" STREET AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE STATE OF CALIFORNIA, for lease of state owned lands for park purposes - Northeast Quadrant of I-805 and East "J" Street, dated the 20th day of June 1972 , 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 City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to return the original and two copies of the executed agreement to the State Division of Highways. 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 Lane F. Cole, Director o Public George Lindberg, City Attor y Works ADOPTED AND APPROVED by the VISTA, CALIFORNIA, this 20th day of_ the following vote, to-wit: CITY COUNCIL of the CITY OF CHULA June 1972 by AYES : Councilmen Scott, Hobel, Hyde, Egdahl NAYES : Councilmen None ABSENT : Councilmen Hamilton ..-- ATTEST --~' ~c-fz c ./~~ ~ Vic.-C~ct ..z~~ City Clerk ,i STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) ~~Q- ' - ~ Mayor of the City of hula Vista Pro Tempore I~ City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk ~/ Lease for Park and Recreational Purposes Pursuant to Section 104.15 of the Streets and Highways Code WHEREAS, The Legislature has enacted Section 104..15 of the Streets and Highways Code to authorize the Department to lease to local. agencies for park purposes such portion of the remainder of property acquired pursuant to Section 104.15 not to exceed 200 feet from the closest boundary of the State highway or public work or improvement, when such use will pro- tect such highway, public work or improvement and its environs, and will preserve its view, appearance, light and usefulness in accordance with conditions prescribed by the California Highway Commission; and WHEREAS, The California Highway Commission has pre- scribed certain procedures, terms and conditions for the leasing of such property ; and M, { t ~. ,~ WHEREAS, The (~y ) intends to develop a local agency park upon said property; ~T~4,~=yt$;~~HEREFORE AGREED that the State of California ~".;alp: ~~i~~;:. and the ( ) hereby enter into A leasehold contain- ]ocal agency inq the fol.lawing terms and conditions: LEASE covering premises in the Cfty of (~ ), County of ( ). THIS INDENTURE OF LEASE, made and entered into and effective this 20th day of June 19 72, by and between the STATE OF CALIFORNIA, acting by and through its Department of Public Works, Division of Highways, hereinafter '" , `the City of ~:}~u1S Viste. herein- called the LESSOR, and ' after called the LESSEE: ~V I T N E S S E T H That the Lessor, for and in consideration of the cov- enants, conditions, agreements, and stipulations hereinafter to be performed by the Lessee does hereby lease unto the said Lessee those certain premf ses situate in the City of Chula Vista said land or interests [therein being shown on the map or plat attached hereto marked, "Exhibit A", and by this reference made a part hereof, and more particularly described as follows: (Refer to description attached hereto marked. "k.xhibit f3 T' ) [~fi[~fiC~C~~~C TO HAVE AND TO Hc)LD said premises, hereinafter called "the leased premises", togf~ther with appurtenances and ease- ments belonging thereto for the term and on the conditions hereinafter set forth. THE PARTIES HERE`CO COVENANT AND AGREE AS FOLLOWS: c 1 TERM The term of this lease shall be for a term of ;fifty (50) years beginning November 1,1972, and ending October 31, 2022 -- ~--tt ~ t.~ ~1_~ ,. 2 TERMINATION This lease shall terminate upon the occurrence of any of the following events: (a) All or any portion of the leased premises is required for State highway or other public transportation purposes, PROVIDED HOWEVER, that when all or any portion of the leased property is required for hicrhway Purposes, the Lessor shall provide 180-days' notice of termination; (b) All or any portion of the leased property ceases to be used for park purposes. (c) In the opinion of the Director of Public works, the property is not maintained in such a manner as to protect and enhance the highway or public works and its environs, PROVIDED HOWEVER, that the Lessor shall notify the Lessee that the Director has determined that the property is not so maintained, stating the reasons for such determination, and PROVIDED FURTHER, that Lessee shall have a reasonable time, not to exceed one hundred eighty (180) days, to remedy the conditions or defects which formed the basis for the Director's determination. It is understood and agreed that upon termination of this lease for any reason, Lessor shall not be obligated to provide replacement lands or facilities or compensation in any manner for the part taken or the remainder of the leased premises. 4 r 3 RENTAL The Lessee agrees to pay Lessor as rent for the leased premises during the term the sum of One Hundred and no/100 Dollars ($100.00), payable annually in advance to the Lessor at the office of the State of California, Division of Highways, at 4075 Taylor Street, San Diego, California, commencing on the 1st day of November 19_x, and on the lst day of November of each year thereafter. 5 ~ _i c~~, 4 IMPROVEMENTS, REPAIRS, MAINTENANCE AND USE OF THE PROPERTY _-° Lessee agrees to develop a park upon the leased premises and to commence construction of said park, as approved by Lessor, in accordance with the requirements contained herein, upon receipt of approval of plans by Lessor of said specifications and to complete construction within a six month period. In the event construction is not commenced and completed in the time set forth above, or if not prosecuted with reasonable diligence to completion, this lease may be terminated at Lessor's option. The Lessee, prior to the construction of any improve- ments on the leased premises, shall furnish a description of the proposed facility, including: (a) Ten each - site plans and one duplicate tracing, at scale 1/20" to 1' on sheets 30" x 40". (b) Ten each - architectural elevations and one duplicate tracing, at scale 1/8" to 1' on sheets 30" x 40". (c) Specifications, including structural system, types of materials, exterior finishing, and landscaping. All plans and specifications submitted by the Lessee to the Lessor shall be subject to the Lessor's review and approval, including but not limited to lighting facilities, and to means of ingress and egress to the property. Building improvements shall be limited to those included in the approved 6 ~ ~ ;, _ %; ,. a~ plan. No additional building improvements shall be allowed without prior written consent of the Lessor. All buildir.~ improvements shall conform to local building codes and ordinances. All signs shall be subject to the prior approval of the Lessor. Any facilities constructed for the protection of the Lessor's facility shall be maintained in the condition as approved in the plans. Lessee further agrees that improvements constructed on the leased premises shall conform to approved plans and specifications referred to in Clause 4 - (a), (b), (c). It is further agreed and understood th at the leased premises shall be used exclusively for park purposes, and the premises will not be used for other purposes or for purposes deemed by the Lessor to be a potential fire or other hazard to the highway facility. The operation and maintenance of leased premises shall be subject to regulations by the Lessor to protect against fire or other hazard impairing the use, safety and appearance of the highway. No change in use shall be permitted without the Lessee's first having obtained written approval from the Lessor. Lessee specifically understands that any change of use of the leased premises which is inconsistent with park purposes shall. be considered as a material breach of this lease and the cause of forfeiture of the lease. Lessee, at his sole cost and expense, shall. comply with and faithfully observe in the use of the premises all the requirements of all Municipal, State and Federal authori- ties now in force or which may hereinafter be in force pertaining to the leased premises. Within ninety (90) days after completion of construc- tion of the facilities, the Lessee shall furnish to ~~~ Lessor two sets of the plans and specifications used in said construc- tion in detail, including the location of all underground and above-ground utility lines, as well as construction detail. The Lessee, at his own cost and expense, shall main- tain the leased premises, including all buildings, structures, landscaping and improvements constructed thereon, and all driveways, fences, and guardrails heretofore, or hereafter erected in good repair at all times in an orderly, clean, safe, and sanitary condition in such a manner as to protect and enhance the abutting highway or public works and its environs and to preserve said highways' or public work's view, appear- ance, light, air, and usefulness, and otherwise in compliance with all requirements of law. A high standard of cleanliness consistent with the location of the area as an adjunct to the California highway system will be required. The Lessee shall take all steps necessary to effectively protect the fences and guardrails from damage incident to the Lessee's use of such land and improvements, all without expense to the Lessor. The Lessee shall be liable to and shall reimburse the Lessor within thirty (30)days after billing for any damage to said fences, guardrails, in any way resulting from or attributable to the use and occupancy of said premises by the Lessee or any person entering upon the same with the consent of the ,. Lessee, expressed or implied. It is understood and agreed that the leased premises shall be used during the tenancy hereof exclusively for the purposes of a public park or uses compatible with such uses, including parking appurtenant to such park. No other use shall be permitted. If all or any portion of the leased property is required for highway purposes and after written notice of termination is provided by Lessor, Lessee, at its sole cost and expense, shall remove all building improvements within the proposed highway right of way within 130 days of said notice of terminationo C,<.~~, 1~ ~. 5 LIABILITY INSURANCE This lease is made upon the express condition that Lessor is to be free from all liability and claims for damages by reason of any injury to any person or persons, including Lessee, or property of any kind whatsoever and to whomsoever belonging, including Lessee, from any cause or causes resulting from the operations and/or use of the premises by Lessee, his agents, customers and/or business invitees, Lessee hereby covenants and agrees to indemnify and save harmless Lessor from all liability, loss, coat and obligation on account of any such injuries or losses. The purpose of this paragraph is to protect the State of California, its officers, agents and employees against liability for personal injury, death of any person or persons, as well as property damage arising by reason of its position of owner and Lessor of the real property in question. 1.1 6 TAXES OR ASSESSMENTS It is understood and agreed that Lessor steal] rat be liable for taxes or assessments of any nature whatscs:^~~~ on the leased property and that Lessee will pay any such taxes or assessments should they arise. 12 °~ ~ l9'~1 bow r , 7 CONDEMNATION CLAUSE In the event it becomes necessary for the Lessrr to acquire all or any portion of the leased premises fc, ~..ghway or other transportation uses, this lease may be terminated as provided in 2 above. The Lessee specifically waives all defense to any condemnation action, PROVIDED HOWEVER, if the lease is terminated for other public transportation purposes that Lessee may claim compensation from the condemning authority based upon the value of its interest in the improvements constructed on the leased premises and severance damages, if any, to the leasehold interest in the remainder of the leased premises, in accordance with the laws of eminent domain. 1: __ _ . LL~~~, 8 DEFAULT BY LESSEE Lessor shall exercise Against Lessee any remedy which Lessor may have for breach of any covenant or agreement herein expressed only after Lessee has failed for a period of thirty (30) days after receipt of notice thereof to correct the condition of which complaint is made. l~ 9 NOTICES Any and all notices or demands by or from Lesser to Lessee, or Lessee to Lessor, shall be in writing. T',et° shall be served either personally or by mail; service shall be con- clusively deemed made at the time of service. If served by certified mail, service shall be conclusively deemed made forty-eivht (48) hours after the deposit thereof in the United States mail., postage prepaid, addressed to the party to whom such notice or demand is to be given and the issuance of a receipt therefor. If served by telegraph, service shall be conclusively deemed made at the time the telegraph agency shall confirm to the sender delivery thereof to the addressee. Any notice or demand to Lessor may be given to Lessor at t#~7 :~"s..y~lor e.treet s :'~~n Die~c?, California or at such other place or places as shall be designated by Lessor from time to time. Any notice or demand to Lessee shall be given to Lessee at t'F Fourth l~~atxX~ve~nue z Chins. 1~Ti4t~, California 1 ; --- i ~ ,// ,~ ~~, ~~'~ l,``tL 10 SUBLEASES, ASSIGNMENTS, ASSIGNMENTS BY OPERATION OF LAW AND ENCUMBRANCES The Lessee may not sublease or assign any portion. of said lease to any person, without the prior wr~t~.E.. consent of Lessor. The Lessee covenants that no lien or other encumbrance shall be placed upon the ].eased premises or the improvements located thereon which will defeat the right of the Lessor under the lease herein. The Lessee further agrees that any loan which is secured by a lien on the leased premises or the improvements located thereon shall be made expressly subject to the prior leasehold rights of the Lessor contained herein. No holding over by Lessee shall operate to renew this lease without the written consent of the Lessor endorsed thereon. 2~ 12 FAIR EMPLOYI~NT PRACTICES The Lessee, for himself, his personal represen'~atives, successors in interest, and assigns, as a part of the ~^ansidera- tion hereof, does hereby covenant and agree "as a covenant running with the land" that (1) no person, on the ground of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or otherwise subjected to dis- crimination in the use of said facilities, (2) that in connection with the construction of any improvements on said land and the furnishing of services thereon, no discrimina- tion shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of first-tier subcontractors, and by first-tier subcontractors in the selection and retention of second tier subcontractors, (3) that such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for public accomodations (such as eating, sleeping, rest, recreation, and vehicle servicing) constructed or operated (on, over, or under) the space of the right of way, and (4) that the Lessee shall use the land in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Part 8 (15 C.F.R., Part R) and as said Regulations may be amended. In the event of breach of any of the above nondiscrimination covenants, the Lessor shall have the right of termination of this lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said ].ease had never been made or issued. ~~ ~~~~~ 11 WAIVER The waiver by Lessor of any breach of any term, cov- enant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same, or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this lease other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of pre- ceding breach at the time of acceptance of such rental. 1 ~' . '? 13 TIME OF ESSENCE Time is expressly made the essence of this lease. IN WITNESS WHEREOF, the undersigned have executed this lease the day and year first above written. STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HWA S ey /~ _ ~~ ,--~, Deputy State Highwa Engineer LE S S~R CITY ~?" C'?L'LA VISTE'1 C (' By Mayor, Pro Tempore LESSEE 1 '~ --~ E ~I-1(BlT /~,- Y ~~ ~~~~~_ _; ~ ~ ~~ .y~' _ ~~~ o \ ._~ ~- ~. _ _ ~ __~ ~ , cs` - - ~ ~ . 0. ~`w-a ~ _ - -- ~~ ~~- cA ~- ~ k ~- a .~ Q~ -. _ ~~~. 6 \~ . r o `~ ~` - ;~ ~ ~~'''~ ~. _ ~ -:6'1 n ~ ~=~~ J 1 a~. __ ~" ~ o ~ b ~ ~ ~ t ~ ~ ~~ ~ . ~-~.., ~ .:, E bn\ ,~-~ _ ,, '6S ~ o~ -- '~\ -ccr, ~`` _ ~,, °~ ~ _ _ ~ \ ~ n - - ---- - y l _ ,~ : --- - ~$ ~ 1 - ~ ~~ ~ ~ ~. ~ :~ . ~~~ ~ C~ ~ ~ _ ./-~- ~•° ~/4- Sic, 9~ fn4. ZrJ°? \' `\ ~ ~1 -_.. ~~P /1~0.__~ ~ !o __.. ~ _.._ . ---- ---- -- Coac:Cotae ~T. t \~;f .- ~c ~ - - - ,~ , ° - - -- - - - - '/~ moo: ,.zr- ?~+ ~ r ., 11-SD-805 - 6.5 i~/ti~I 11004-A E X H I B I T t0B" That portion of the Southeasterly quarter of Quarter Section 96 of Rancho de 1a Nacion, shown on riap No. 166 on file in the office of the Recorder of San Diego County LYING Easterly of the Easterly right of way line of State freeway 11-SD-805 - 6.5; said portion hereby con- veyed described as follows: Beginning at the most Westerly corner of Parcel 9 of Relinquish- ment No. 19033 to the City of Chula Vista, recorded April 26, 1971, File No. 83349, Official Records of San Diego County, said corner be- ing a point on said Easterly right of way line; thence a7.ong said right of way line N.13°01'10"W., 276.15 feet to the Northwesterly line of said Southeasterly quarter; thence along said Northwesterly line, N.72°10'34"E., 154.18 feet to the most Northerly corner of said South- easterly quarter; thence along the Northeasterly line of said South- easterly quarter S.17°41'39"E., 348.27 feet to the boundary of Parcel 9 of said Relinquishment; thence along said Relinquishment bound- ary N.85°19'50"W., 191.05 feet to the Point of Beginning. There shall be rt~~abutter's rights of access appurtenant to the above described real property in and to the adjacen State freeway. The bearings and distances used in the above description are on the California Coordinate System, Zone 6.