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HomeMy WebLinkAboutReso 1971-6158 RESOLUTION NO. 6158 RESOLUTION OF THE CITY COUNCIL OF TFiE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CALIFORNIA AMERICAN WATER COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Coucil of the City of Chula Vista does hereby resolve as follow: NOW, THEREFORE, BE IT RESOLVED that certain agreement between T~iE CITY OF CHULA VISTA, a municipal corporation, and CALIFORNIA AMERICAN WATFiR COMPANY, for radio base station at 827-1/2 Wiler Drive, dated the 20TH day of July, 1971, a copy of which is attached herto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FUR9PHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized a.nd directed to execute said agreement for and behalf of the City of Chula Vista. Presented by Approved as t:~~ form by ~ ' V X~ ~- ~-~ an F. Co e, Director of Georges D. Lindberg, City Att ey Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY~~OF CHULA VISTA, CALIFORNIA, this 3rd day of August , 19 L, by the following vote, to-wit: AYES : Councilmen Egdahl, Scott, Hobel, Hamilton, Hysie NAYES: Councimen None ABSENT: Councilmen None Mayor of the City of Chula ista ATTEST = : 1/Lc'_ ~'%.? '~`~t ~(~.:~' )~- City Clerk /i STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, ,C't~ 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 and that the same has not been amended or repealed.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 -~ AGREEPIENT FOR RADIO BASE STATION AT 327-1/2 `vJ 1ER DRIVE This Agreement 4vitnesseth that the CALIFORNIA-Af~1ERICAN WATER C0J~IPANY grants to the CITY OF CHULA VISTA, a municipal corporation of the State of California, in the County of San Diego, a permit for a radio base station on real property in the County of San Diego, State of California, more particularly described as follows: The agreement shall permit the construction of a radio base station on property between East "J" and East "L" Streets as is shown on the attached sketch marked Ex~~ibit "R". The base station facility will consist of an eighty-foot (8'1') high self-supporting tower with a twenty- foot (20') antenna mounted on top and a directional antenna mounted on the side of the tourer. The tower tivill be centered on a six -foot (6') square concrete base, the center of said base to be ninety-eight (98) feet from the westerly fence and sixty-seven (67') feet southerly from the northerly fence. The radio equipment will be enclosed within one or two vreatherproof cabinets attached to the base of the antenna. An underground telephone cable will be constructed to the existing telephone pole within the existing Cal i fornia-American ~~dater Company compound. ONE: P~IAINTENANCE OF EASE STATION The City shall maintain said base station and keep the same in good condition and repair on the premises hereinabove described as long as the same shall be maintained thereon and in this behalf maintenance of any and all paving thereof at its sole cost and expense and in this behalf agrees to indemnify and save harmless the ?later Company against any and all such costs or expense. TIrJO: '1ATERIAL PLACEMEPlT The City shall have the right to place plant machinery or materials for the purpose of construction, reconstruction and repair of the tourer. All such plants, materials and surplus so placed shall be removed E,y the City at its own expense within a period not to exceed three (3) days after completion of the base station. THREE: RESTORATION OF PREP?ISES The City agrees to reimburse the California-American Water Company for the value of all trees and shrubs required to be destroyed or removed and replanted b,v the construction of said base station. Upon completion of the construction work herein contemplated and the restoration of the premises and the payment of all sums and costs hereinbefore provided for, the California-American `vlater Company waives any further claims for damages to the adjacent property of the California-American iiJater Company affected by the location, construction and operation of said base station. FOUR: I"JDEf~NITY BY CITY The City agrees to indemnify, save and keep harml?ss the California- Ameri can '.~Jater Company from any 1 oss , damage or expense ~,~hi cb i t may suffer, incur or st~stai n or for vrhi ch i t may become 1 i abl e gro~.vi ng out of any i n jury to, or death of persons, or damage to or loss of real and personal property arising out of, or caused in the performance of any of the vrork done by or under the authority of the City under this grant or in the construction, reconstruction, repair, operation and maintenance of the base station and c~~5g .~ ~.. appurtenances in and under the premises herein described and the City further covenants and agrees that in case any action or actions, suit or suits shall be commenced against the California-American Water Company growing out of any such loss, damage, cost or expense, the California- American Water Company may give written notice of the same to the City and thereafter the City shall attend to the defense of the same and save and keep harmless the Water Company from all expenses, counsel fees, costs, liabilities, disbursements, recoveries, judgments and executions in any manner growing out of, pertaining to, or connected therewith. FIVE: UTILITY COSTS. All utility charges connected with the base station shall be separately metered and charged to the City. SIX: CITY ACCESS. During the existence of this agreement, the City shall possess the right of ingress to and egress from the base station provided that the right herein defined shall not be exercised in said manner and to such extent as to impede or interfere unduly with the operation conducted by the Water Company. SEVEN: LIENS NOT EXEMPTED. This instrument is subject to all valid and existing contracts, leases, liens or encumbrances which may affect said property and the ~vord "grant" as used herein shall not be construed as a covenant against the existance of any thereof. EIGHT: SIXTY DAYS PJOTICE. The Water Company or City shall have the right to terminate this agreement upon notice of not less than sixty (60) days in writing; said notice if instituted by the City through its agent is to be delivered to the Water Company at it's Chula Vista Division Office; said notice if instituted by the 4Jater Company is to be delivered to the City at the City Attorney's Office, Civic Center, 27G Fourth Avenue, Chula Vista, California. The agreement shall become effective Juiy 20, 1g71 , THE CIT ,OF CHULA VISTA ,-CALIFORNIA-AMERICAN WATER COMPANY Mayor ` ~ I ,.~ is 1/ ~~ City Clerk ` ,:~ , ~z/~~, %1~L ~.~,; Its Appr ed as to r by: • C. Samuel Blick, Assistant City Attorney Attach Notary Acknowledgment here. ~,~sg 2 STATE OF CALIFORNIA, COUNTY OF_ $dtl f)l:~gIl 1.'4rWtir4"V'LfblL3`LR~Y J r,r.~. ,., ~..i~.~ rr~ P+17 C.n~mie~im Eer;iros June 8. 1975 ss. ON TuIY 20 , 19 71 before me, the undersigned, a Notary Public in and for said State, personally appeared A . K. Fuller and Rohert W . Bruce _, known to me to be the Vice-President and Secretary of the California-American Water Company the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. Notary Public in and for said State. ACKNOWLEDGMENT-Corporation-WOlcotts Form 222-Rev. 3-64 A SU951 DIARY OF AMERICAN STATIONERY PRODUCTS CORR, 4 Form No. CA 100. -_~ .______~______^^ REQUEST FOR COUNCIL ACTION DATE: July 26, 1971 FROM: Lane F. Cole, Director of Public Works ~~ T0: City Attorney SUBJECT: Agreement for Radio Base Station at 827-1/2 Wiler Drive Your office is requested. to prepare the necessary [ ~ Resolution; [ ] Ordinance; [ ] Agreement; to be presented to the City Council for action on August 3 19 71, on the subject matter. Supporting information: (Use other side if necessary) The radio base stations for the Police and Fire Departments are presentl located at Greg Rogers Park. They operate on frequencies that are very close together, which causes interference during the transmissions and is undesirable for proper emergency radio communication. Engineering Division made a study of a number of sites in the vicinity of the City to obtain a more suitable location for radio transmissions. The site which was selected is central to the City's existing and potential development and is the highest point available in that central area. The location is owned by the California-American Water Company and they have been most cooperative in working up an agreement that is acceptable to them which permits us to utilize a portion of their property at no expense to the City for the construction of a new radio base station antenna. The tower to be constructed will provide antenna for both the Fire Department and the Public Works Department. By havinq the antenna for the Fire Department relocated to this area, the conflict with the Police Department transmissions will be eliminated. A request for a Conditional Use Permit was filed with the Planning Department on June 4, 1971 by the Engineering Division and a public hearing was held on the matter June 28, 1971. The Planning Commission granted the Conditional Use Permit for the construction of the tower subject to the Engineering staff attempting to locate the tower in a more central location on the proposed site. Originally the tower was to be located 53' from the west property line and 17' from the north property line. The new location is 98' from the westerly fence and 67' southerly from the northerly fence. In addition to the Fire Department antenna being moved from its location adjacent to the Police Department antenna, the new location will be 80' higher for the Fire Department and 290' higher than the Public Works Department's present antenna. Please prepare a resolution authorizing the Mayor to execute the agree- ment between the City and the California-.American Water Company to permit the construction of a radio base station at 827-1/2 Wiler Drive. A transparency will be available for Council viewing. Attachments: Originating Dept. No. E-109 2 copies of agreement Plats to CM