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HomeMy WebLinkAboutReso 1971-6191RESOLUTION NO. 6191 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO GAS AND ELECTRIC COMPANY FOR LEASE OF PROPERTY 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: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation, for lease of SDG&E right-of-way adjacent to Palomar Park for park purposes, dated the 7th day of September 1971, 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 _ i~~~` ~~~ William G. Jasinek, Director of Parks and Recreation Approved as to form by ~~~~ ~ George D indberg, City Attorn ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 7th day of_September , 1971, by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: Councilmen ivone - -`= ,~, /~ Mayor of the City of ~ Chula Vista ~~ ATTEST i~ City C erk v STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I~ JENNIE T~. FULASZ 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that the above is a full, true and correct copy of Resolution No. ~1A1 and that the same has not been amended or repealed. DATED September 13, 1971 ~:~ ~`' 1 City Clerk <, LEASE THIS LEASE, made and entered into as of the 7th day of September 19 71 by and between SA.N DIEGO GAS & ELECTRIC COMPANY, a California corporation, hereinafter called "Lessor", and the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "Lessee", WITNESSETH: WHEREAS, Lessor is the owner of that certain real property hereinafter described which is held by Lessor exclusively for a present and future electrical and gas transmission right of way; and WHEREAS, Lessor will allow limited multiple use of said real property, provided the same shall not interfere with Lessor's use; and WHEREAS, Lessee and its inhabitants will enjoy certain recrea- tional benefits through the use of the Lessor's real property; and WHEREAS, Lessee is desirous of hiring and leasing the said described property from Lessor for certain park purposes only; and WHEREAS, Lessor seeks to assist the Lessee and its inhabitants in gaining and enjoying the aforementioned benefits, --~. therefore it is the intention of the parties hereto that the enjoyment of the leased premises shall be without prejudice or detriment to the Lessor in the use and operation of its facilities situated on or near the leased premises. Now, THEREFORE, in consideration of the performance of the terms and conditions hereof the parties agree as follows: 1. Leased Premises. Lessor does hereby lease to Lessee those certain premises located in the City of Chula Vista, State of California, generally shown and delineated on the map attached hereto, marked Exhibit "A", and made a part hereof by reference and described as follows: 2. Use. The leased premises may be used by Lessee solely for park purposes, which shall at all times be under the com- petent and effective supervision of agents, servants and employees of Lessee. Lessee shall not use the leased premises for any commercial or business purpose. 3. Term. The term of this lease shall be for a period of twenty (20) years commencing on the 7th day ofSeptember , 19 71 and ending on the 6th day of September 1991 4. Renewal. This lease is renewed from year to year after the term provided in Paragraph 3 above, unless either party notifies the other in writing at least sixty (60) days prior to the ex- piration of any succeeding year. -2- ~~ % i~~f 5. Additional Construction. This lease is made upon the express condition that the demised premises will be available for the unrestricted and unconditional use by the Lessor at any and all times for construction and erection of new facilities, repair or maintenance of existing and future facilities, and for improvement work therein, thereon, or thereabout, as well as all other operations necessary in connection with its public utility operations. It is expressly understood that Lessor does intend to construct and erect additional facilities upon these premises. 6. Rent. Lessee agrees to pay to Lessor the sum of TEN DOLLARS ($10) per year for the use and occupancy of the leased premises, receipt of which rent for the term of this lease is hereby acknowledged. 7. Improvements. Lessee agrees to submit to Lessor drawings of any proposed improvements upon the real property. Lessee agrees to pay for all improvement, including a pro rata share of any increased taxes which may result from the installation of said improvements. No improvements, including grading or structures of any type, shall be made without the written approval of Lessor. Such approvals shall not impair Lessor's absolute right to remove or relocate any such improvement at Lessor's expense. 8. Protection and Patrols. Lessee agrees to police, regulate, and control the entry and activities in and upon the demised premises, and, in addition, will protect all Lessor-owned property surrounding or adjacent to the demised premises and exterior thereto -3- -~-- ~ ~~ i/ ~~ ~~ f~, so as to minimize any and all disturbances and damages, including the possibility of damage to property and injuries to persons inci- dent to the use of said premises by any person entering thereon. 9. Waste. Lessee shall not commit, suffer, nor permit any waste, nuisances, or unlawful acts on the leased premises, and shall at all times maintain the same in a clean and sanitary condition in compliance with all applicable rules, laws, regulations, and ordinances respecting health and safety of the City of Chula Vista, and County of San Diego, and the St,ttc~ of ('alli'~~r•nis~. 10. Right of Entry. Lessor reserves the right to enter upon the leased premises at any time for the purpose of viewing, patrol- ing and inspecting the same to see if Lessee is faithfully complying with the terms and conditions of this lease. 11. Rights of Lessee. Lessee shall have no rights nor acquire any interest in or to the leased premises other than as pro- vided in this lease and as a lessee and tenant thereof. 12. Default. Should default be made in the performance of any of the terms and conditions of this lease and such default shall continue for ten (10) days after Lessee has been notified in writing of such default, then Lessor may re-enter, take possession of said premises, and remove any and all persons and property of Lessee therefrom. 13. Assignment. Lessee shall not assign this lease nor sublease the leased premises. -4- ,--- - 14. Waiver. Any waiver by Lessor of any breach of one or more o~ the terms, covenants, and conditions of this lease shall not be a waiver of any subsequent or other breach of the same, or of any other term or condition hereof. 15. Indemnity. Lessee hereby agrees to indemnify, save and hold Lessor harmless from and against any and all demands, claims, suits, loss, damage, injury, resulting from any act or omission of Lessee, its employees, agents, permittees, invitees, or other persons upon the demised premises with or without the consent of Lessee to the person or persons, or property or properties of any person, including injury to or death of any person in any way arising from use and occupancy of the leased premises by Lessee, its agents, servants, employees, or invitees, whether actual or im- plied by law. It is the mutual intention and agreement of the parties that the foregoing indemnity provisions shall extend to any and all damages suffered by Lessor to its property adjacent to the leased premises or injury to or death of any person upon the adjacent property in any way arising from the use or occupancy of the leased premises, occasioned by the negligent, willful, or intentional acts or omissions of any persons using and who may be in or upon the leased premises. -5- ~-r !; r ~,%r ,: 16. Insurance. Lessee further agrees to secure and keep in force throughout the life of this lease, Comprehensive Bodily Injury and Property Damage Liability Insurance including Contractual Liability with a combined single limit of not less than Five Million Dollars ($5, 000, 000) each occurrence. Such insurance shall be placed with companies and be in a form satisfactory to Lessor and shall be in the name of the Lessee with Lessor named therein as an additional assured. Said policy or policies shall further provide that in the event of material change or cancellation, the licensor shall be given thirty (30) days prior written notice of any change or cancellation. 17. Notices. Notices to be given from or to either party may be addressed as follows: a. Lessor at 101 Ash Street, San Diego, California 92101. b . Lessee at Chula Vista, California. Notices shall be deemed given hereunder when placed by either party in the United States mail, postage prepaid, certified, and properly addressed to the other. 18. General Order No.69-B. The provisions of this lease are conditional upon the right of Lessor to commence or resume the use of the leased property hereinabove referred to whenever in the interest of its service to its patrons or consumers it shall appear necessary or desirable to do so, as provided by General Order No. 69-B of the Public Utilities Commission of the State of California. -6- - _ -~ j '` IN WITNESS WHEREOF, the parties have individually executed and caused this lease to be executed for and on behalf of each by their respective officers or agents as of the day and year first above written. SAN DIEGO GAS & ELECTRIC COMPANY, a corgrgration Lessor CITY OF CHULA VISTA, a municipal corporation i Y- ~ By ~ ~~ ~ ; e f ~~,- j Lessee -7- ~~/ ~; C~/;- PALS SC Quo` `,R 1 Ni N0. -AA1 LEASE A,~?r A = 8.43 ACRES ~~ ^~f i_--d+a REVISIONS Na UATE FY ~ aPP'o SAN CJIEGO GAS & ELEC. I rc Fi::~, CAUFORP 'AN U ~ F C:-1ULA VI ST CITY O __ ~~ -~ - ~ ~_~ ---- - P,~LDiriAr~ PAF~K I,f ih I * !l:_j^~ .,.AFC ___--_- DALE ~ LI l i ~ ~_~ iW_(l h,'_ ~ (~r 1 i .U t DA tE --__ ~~i F). ~ (6 f~~ ~f ,l ~® IC COMPANY J ! A____`- __ _ 6I LEASr '..6-_~kF V. _...__ ~I.ANIt N[l: // +• ' £1 k. ~~:~ l[