Loading...
HomeMy WebLinkAboutReso 1971-6068F,;~xm No. ~4~ • Rcv_ _1-69 RESOLUTION NO . 6068 RESOLUT.ON OE THE CITY COUNCIL OF' THE C']~TY GF_ ,H9JLA VISTA, APPROVING AGREEMENT LETWEEN "I'EiE CITY Or ~HiJLr VLSTA AND SAN DIEGO GAS AND ELECTRIC COMPANY FOR LEASE OF PROPERTY FOR PARK PURPOSES AND A~JT"F-IORI Z TNG THE MAYOR TO EXECU"T"E SAS D AGREEMENT The Clty Council of the City of Chub Vr:~ta d:_e~ ~~.e~eby r~~.;~_,.{e as follow; NOW, THEREFORE, PE IT RESOLVED teat ±-h at uert pan ~g~F:-m~,: r ~~tween TE3E CITY OF CEiI,TLA VISTA, a municipal ~.rxpora~;.~:~r;, and SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation for lease of SDG&E right-of-way adjacent to Loma Verde Park for park purposes, '~~:t~d the 1st day of June ` ~ 71 s attached hereto and Incorporated herein, the_ ~a_me as ~h~~,.gh ru ~ l~, ~-*._ f r-t.r. herein be., and. the same is hereby apprved. BE IT FURTHE.k~ RESOLVED that the Mayor cif t_re C.~ ty ~.~ Cr.:.~ ~, ,~ V.sra be, and he ~s hereby authorised and d~.rected to execute r_•a.:~ ~g.reement for and 'n behalf of the City of ChuYa V~~raA ~'rt~ ~Q~:,}red by Approved as t ,.. -,~ ~ 1'Y ~__ ~ ~~ William G. Jasine , Director of George Lindberg, City Attm ey Parks and Recreation ADOPTED AND APPROVED by the CITY ~~TSTA, CALIFORNIA, this 1st day of ~:+~ ~.~ ~ ~swi ng Grote , to-wit COUN ? L of ~~~e CITY v~F' "°N:~11 June , ~~71_. b~' t'r, A~'"U ~ Counc~. amen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES : Counci lm~en None AI~~;F'NT: Councilmen None A~.,I,. s('A''TE OF' CALIFORNIA ~:~°~NTz' OF SAN DIEGO ss, C",~T"Y O~ CHULA ~JISTA ~' City Clerk ;x tr-e C~ ~y ,";~ _x .; , i%~ '~`a, Callfor°nia, DC REREDY CERTIFY than the above ~.s a -~;~, ., ~ . . `= ~~ ~ ~ copy of Reso.~tutaon Nom. and tha~ ~` ~ tie =~a~~e ~ ,x~ .,v any{~ ~ded or repea fed . DATED C~ ty Clerk ~i s-. G'o~ ~yc9 ~~ 11~ as \ 3 ~p ~ ao . ye ,o=' ®~' ti ;i ~''~~ ~ vv~ s~. ~~z '~~,~' ~~,1 ~ ~~ ~~ ~~ ®~ o,~. DG~L \ a~ F~ ~ c~` ~'~ ~ ~~~ ~ ~~`~ Tp ~ ~O c~ ~ i ~/ °a • ~~ ~~ ~ s `~9s~ ~ y~ ©Tp / ~~r LOMA VcI~CE SCHOOL ' s ~° E- 6O ' E ~ ~ ~ ~ 9 c a` 1 Qlpv ~5,, j ~ jS ..d'- ~V~ T t q 6 0 0 `/ ~ G•11~ B ~ ~ ~ P~~ ~~ ~~ ~,,~G• Ia'' S• ,oG ~ F~'31 LOb1A VERDE PAFK ~ ~'GOS~ PrEC. Cc~JTEF ~ `s F~ ~-.\ ~~:~, . ~~ LEASE AREA ; 8.34 ACfi ~ S r~o. REVISIOf~JS SAN DIEGO GAS 8. ELECTRIC COMPANY -1 DAT[ 6v APP'D SAPJ DIEGO, C:ALIT'OF2NIA _ ^' URAWt~ flY~ ~ `__ SCALE ~ •' UATB ~ _~-_ - NFV ;___ . , _.___ '-' '- I)HVCYFU (Y H/4t' liK DI A\'~ING NU._ _ __ __.___r lh TU I 1 AI.1 ~ ~ ~ - --_~ ~` LEASE ' ELEC'T'RIC CONIPA.NY, a California corporation, hereinafter called "Lessor", and the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "Lessee", THIS LEASE, made and entered into as of the 1st day of June ~ 19 ~~ ~ by anal between SAN DIEGO GAS & WITNESSETH: WIIEREAS, Lessor. is the owner of that certain real property. hereinafter described which is held by Lessor eiclusively fcr a present a_rid future electrical. and gas transmission right of way; and WI-iEREA5, Lessor will allow limited multiple use of said real property, p~•ovided the same shall not interfere with Lessor's use; and V4'HEI3EAS, Lessee and its inhabitants will enjoy certain recrea- tional benefits through the use of the Lessor's real property; and ~~4'HEREAS, Lessee is desirous of hiring a ' It asing the said described property from Lessor fcr certain par' ~;: uses only; and ~I~EIEREAS, Lessor seeks to assist the Les: <~: :Znd its ~__._ inhabitants in gaining and enjoying the aforemention:~~i benefits, therefore it is the intention of the parties hereto that the en~o~~ment 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 ~JiGta, State of California, generally shown and delineated on the map attached hereto, marked Exhibit."A", and made a part hereof by reference ar~d 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 competent 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 1st day of July , 1971. , and ending on the 30th day of June , 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 pr~_or to the expiration of any succeeding year. -2- 5. ~`3ddxt10'P_al Construci:ion. This lease is made upon tl'ie express condition that the demised premises will be available for the unrestricted a~ d 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 coru3ection 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 TI:1~1 DOLI.,~-~.RS {$10) I;er 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 p~~~oposed 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. 1Vo impr. ovements, 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 additior.~, will protect alI Lessor-owned property surrounding or adjacent to the demised premises and exterior thereto -J- __ ~~. i ____ ~ so as to riinimizo any and all disturbances and darlages, in;,luding the possibility of damage to property and injuries to persons inci- dent to the use of said premises by any person entering thereon. S. V~Taste. Lessee shall not commit, suffer, nor permit ant? waste, nuisances, or unlawful acts on the leased premises, and stall at all tunes 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 he State of California. 10, Right of Lntry. 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 i.n this lease and as a lessee and tenatrt 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 defaul~, then Lessor may re-enter, take possession of said pre~r~ises, and remove any and all persons and property of Lessee tierefrom. 13. Assignment. Lessee shall not assign this lease nor sublease th` leased premises. -4- 14. Waiver. Any waive°r by Lessor of any breach of one or more of 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 a_ny 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 inj~~ry 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- 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 li.hat 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, 1~?otices to be given from or to either party may be addressed as follows: a. Lessor at 101 Ash Street, San Diego, California 9210].. b . Lessee at P. 0. Box 5l~7 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.69-73. 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 Comm?.ssion of the State of California. -5- IN ~~VITNESS '~~l-IEREOF, 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 corporation APPROVED AS TO FORM ~--- r --~- Lessor CITY OF CHULA VISTA, a municipal corporation By -7- LEGAL DESCRIPmIOTd FOR LEASE TO ThT CITY OF CINLA VISTA PARCEL l' .The Southerly 275.00 feet of the West P-:alf of Quarter Section 117 of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of (:alifornia, according to T•Zap thereof No. 166, by Morrill, on file in the office of the County P.ecoi•der of said County of San Diego, as described in Deeds recorded September 8, 1G59 i.n $eok 780'9 at page l'j; as Document No. 18815 and record ed. May 14+, 1958 in Book 7080, page 2;~6 as Document No. 77156, bot,z of Official Records of the County of San Diego, State of California. PARCEL, ~~ That portion of the Southerly 275.00 feet of Quarter Section 117 of Rancho de la Nacion, according to Map thereof No. 166, filed in the office of the Caunty Recorder of said County of Sari Diego, together with that portion of the .Southerly 33C.00 feet of Lot 13 in Quarter Section 118 of Chula Vista, according to P•:ap thereof No. 505, filed in the office of the County ,Recorder of said County of San Diego, and those portions of former Hilltop Drive and Orange ~wentte (now vacated and closed to public tzse~ revertin,r to said Quarter Section li7 ar_d Lot 13 ir_ Quarter Section 118 by virtue of the closing of a portion of said Hilltop Drive and Orange Avenue by Resolution of the City Council of the City of Chula Vista, more particularly described as a Vrhole as follows: Raginnirg at the South:aest corner of said Quarter Section 117; thence North 71° 34' 3C'" East, along the South line of said Quarter Sectior. 117, a distance of 4U.00 feet; thence leaving said South lire of Quarter Section 11'j, Priorth 18° 25' 30" West, a distance of 275.00 feet to a point in the P1o~•th ling of the lan~:3. c~~iveyed to San Diego Gas & Electric Company by Deed dated April 16, i>58, and recorded as Document No. 77156 on May 14, 1~'S8, in Bock 7080 a';. pane 2~i6 of Official Records of said Caunty of San Diego; thence Sou±h 71° 3~}' 30" Wc;-t ~recrrd South 7i° 4G' 10" Wc:it per said Deed a_1_on~; the North ling of said. San Diego Geis ~~ Electric Co~.~}:any's land, a distance of F3.76 feet to a _. _ ~, point in the-arc of a Curve, concave ~desterly, having a radius cf 1040.00 feet, a radial line of said curve passing through said point bears North 79° 00' S9" Feast; thence Southerly along the arc of said curve through a central angle of 11° 10' 21", a distance of 202.80 feet; thence tangent to said curve South 0° 11' 20" j~lest, a d stance of 82.03 feet to a point of intersection with the South 1~-ne of said Quarter Section 118, distant thereon South 71° 34' 30" West, 40.58 feet from the mRUE POINT OF BEGINNING; thence North 71° 34' 30" East, alor.~ said South lire of Quarter Section 118, a distance of 40.58 feet to the POIrYT OF BEGINNING. - 1~n~irz:.. ~~~~ BrFt;lri ,- " i :..~...il.:~ __ ~~.J. __...» ~ t~t~TE _. _-~-lE~,-?1 - i J; . ~.L .~ 2 -- -.. ~ ~/ _ Q ~5~~ ~~~ /~~ /~ 80' ~~~ ~ ~y~® / ~v ~~ ~~~ qQ \ 3~ ~p ~ ^' / /~ ao `vF s~. ~~z ~~ ~~ ~~ 6'~, ,~,~ ~~®~ /~ \ ro. Q / .., ,,, ~ ~ ~ / c~'o ~~. ~ ~ `,, SY '. 'nS fio ~.Y T / "M O ~ Fsr ~, ~,4 LQIEfA VEr'?DE SC,~iQC~_ ~'iJ. ~ / ~~~, ~1b 14 ~5 /sue ,s, = ~`~` !~ / 6`~D 660 /-~~ y~ .`v ~-~ '~' P ~y~ ?Ila 1~ - 'OG,S,A 3, Fp. LC~R1A VERDF PARK & Os. ,F` REC . Cc iV T Efr ~•~ ~.--•- c, E // ~ ~, ~ ¢. - 2_. .~_~ LEASE ArcA: 8.34 ACRES ~' ~~ ~~~ ~ ~ ~~ ~ 9~ No_riEViSiON~ SAN DIEGO GAS ~ ELECTi~IC COMPANY GATE DY A°P'D SAN DIEGO, CALIFOkPJIA CITY ~r C~,/~! ~ f/i`,;;:~- .: ~+f~ ~~ -- ;~~..<,+ t~,-,fin.: ~, `, ~__. Sl YEYI~fI fY' k~Vi Ch~y Cti 1\YI ~[~ N:J' ~~-_ ~.___-__. ___--_ ~ t..l TU I ~.lh .L__~~t'~nlE..-_ .. _ .. - ~ c-crtn _ - - --------------