HomeMy WebLinkAboutReso 1971-6191 RecordedVv"~en' 'recorded, please return to
Jennie r2. Pitlasz, City Clerk
p, O. Box 10$7
Chula Vista, California 9201
RESOLUTION NO.u191
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UQG~S ].y71 _-
"~~'%r~rDEO REQUEST Dt
~"~"=-~=~`~'~'r.~_._ CITY CLERK
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1:E5OLU'I'IOt~ OF TIIE CITY COUNCT_I:~ OF THE ~.I`~:Y Of CHULA
VISTA RPPIZOVING AC,I;f'EP~E1`dT I'.:EZ'~~T:r:N Z`I?F' CI':"Y 0%~' CAUL.
VISTA A"~1L~ S~\*,? DIT:GO i=_AS A?`sue F;I.,'~CI{IC COT_~PAt~IY JiZ
LIIRSE 0`r' ?'IZOFERT~" FOR rARI~ I'~JR?C:%SES h~1D AUTI;ORIZING
THIJ MAYOR TO FXECUTI~ SAID RGi~:t~LMENT
+'PICIAL RECORDS
SA-~ DIEGO CQUNTY,CALIF,
ffAAIfYF,BL00N
"roRDER
~,~ FEE
The City CounciJ_ of the City o.f_~ Chula Vista does hereby
resolve as follows:
NUIJ, THF'AL;~`OI?}a, t`E IT RF.SOLVI;D that teat certair. agreement
between THF~; CITY OF` CIIt'LA VIS~iA, a 'Muni cir~al cor_pcration, and SRN
DIEGO GRS & ELECTRIC COMPANY, a California corporation, for lease of
SDG&E right-of-way adjacent to Palomaz- Park for park purposes, dated
the to - day of coY,a,o.,,ti;or _ _, 1971, a copy of which is
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attached hereto ana ~.ncorporated herein, the same as though fully set
forth 1-ierein be, and the same is herby approved.
BE IT FURTI-irR RESOLVED that the N';ayor of tYie Cit=y of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement fcr and on beha.ll: of the City of Chula Vista.
Presented by
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William G. Jas~neic, Director or
Parks and Recreation.
Approved as to form by
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Geo.rc3e D~:~Lir~~erg, City F_ttorn,~,~'~
ADOP'T'ED AI'1D APPROVED by the CITY COUY7CIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 7tlzi~day of ~S~te~?~er , 19 71, by
th~~ following vote, to-wlt:
AYES• Councilmen Hyde, Egdahl, Scoti., Nobel, iamilton
NAYES; Councilmen
None
ABSENT; Councilmen
~~one
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%, J 17 City C e r k ~~~~~~~~
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STATE OF CALIFORNIA )
COU?1TY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
~ 1~ ~ ..~ ,, / ~~~_.~. ~ ~' ~ ~ I __ ~ I ~i ..
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Mayor of the City of Chula Vista
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I ~ J~iV V1L __. ~''lU~.~[ , C? tV l.l.c ~:i Gf tl:e C1 ty Of r. LI~c
Vista, Califur.nia, DO HF_'REBY CERTIFY that the above is a fall, true and
correct copy of Resolution No. 51 c)~~, z~nd ti~at the same has not been
ar~lended or repealed. DATED Seoteas~a~~eT~ 1971 _~~^
City Clerk
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-nTtxen recorded, please return to:
~enruc 1".~i. I{ulasz, City Cler%
P. O. Bax 1037
Chula Vista, CaLucrn~a 920k?
LEASE
THIS LEASE, made and entered info as of the 7th day of
S_ptember 19 ~l by and between SA.N DIEGO GAS &
ELECTRIC COMPANY, a California corporationx, hereinafter called
"Lessor", and the CITY OF CH~OLA VISTA, a municipal corporation,
hereinafter called "Lessee",
WI T IVTLSSE'rH:
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, pr. ovided the same shall not interfere with Lessor's use; aa~d
~'VI-IEREAS, 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 arxd its
inhabitants in gaining and enjoying the aforementioned benefits,
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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, TIiEREFORE, 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
tweray (20) years commencing on the ?th day ofSeptember
19 71 and ending on the_~_day of Sex~tember 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.
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5. Additional Constructio~~. This lease is rnade upon the 'j
express condition that the demised premises will be available for the
unrestricted and unconditional use by the Lessor at any and all tunes
far 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
tYiese 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
prezriises, receipt of which rent for the term of this lease is hereby
ackr~ovvledged.
7. Improvements. Lessee agrees to submit to Lessor
drawings of any proposed improvements upon the real property.
Lessee agrees to pay for alI improvement, including a pro rata
share of any increased taxes which may result fr°om 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.
F. Protection a~zd 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
surx•ounding or adjacent to tl'~ie derriised premises and exterior thereto
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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 rriaintain the same in a clean and sanitary condition
in compliance with all applicable rules, la~~s, regulations, and
ordinances respecting health and safety of the City of Chula Vista,
and County of San 1)ieg'o, and the Stc~tc~ n1' C';ilif~~r•nln.
10. Right of Entry. Lessor reserves the right to enter upon
the leased premises at any time for the purpose of viewing, pairol--
i.ng 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) :lays after Lessee has been notified in writing
of such default, then Lessor may re-enter, take possession of said
premises, and rnmave any and all persons and property of Lessee
therefrom.
13. Assignment. Lessee shall not assign this lease nor
sublease the leased pi•emise4.
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14. Waiver. .Any waiver by Lesser of any breach of one or ~:y;,
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more of tl~e terms, covenants, and conditions of this lease shall not
be a waivex• 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 ~~~ay
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 i s 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 cr
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.
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Insurance. Lessee further agrees to secure and peep 4~
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in force throughout the life of this lease, Comprehensive Bodily
Injury and Property Damage Liability Insurance including Contractual
Liability with a combined single liz-nit 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 r: ~ti.ce of any change or cancellation.
17. Notices. 1Votices to be given from or to either pax•ty
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. 6 9-B. The provisions of this
lease are conditional upon the right of Lessor to commence or resume
the use of the leased property her•einabove referred to whenever in
the interest of its service to its patrons or consumers it shall appear
necessary or desirable to do sa, as provided by General Order Trio.
69-B of the Public Utilities Coanmission of the State of California.
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IN WITNESS WHEREOF, the parties have individually executed ~~,.
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and caused this lease to be executed for acid on behalf of each by their
respective officers or agents as of the day and year first above written.
SAN DIEGO GAS & ELECTRIC COMPAI\Y,
a corporation
B ~ ~~' /~~ ~vs
y
Lessor
CITY OF CHULA VLSTA,
a municipal corporation
/ ~r> ~ ~'/.~Y 1 .i~//ice f~' ~L `~ I
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Lessee
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LEASE A is r^, = $ . 43 i;C ES
~2EVISl:;~~IS
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SAN [~if_GO GF~~> t~' E::[ _ECTF2IL C.Of.if A~JY
iU~E FY APPD
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