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HomeMy WebLinkAboutReso 1967-4342 (2)r V1lu iuV ~ ~ °t G RESOLUTION NO.: 4342 RESOLUTION OF THE CITY COUNCIL OF THE CITY Or" :.HULA ~~~1.5'l'~'~ APPROVING AGREEMENT BETWEEN THE CITY Or' CffULA i1,S`I'A .A.I~?D THE CHULA VISTA CHAMBER OF COMMERCE PROVIDING FOR A USE PERMIT FOR A PORTION OF CITY PROPERTY FOR SIGN PURPOSES AND AUTHORIZING THE 1vLAYOR TO EXECUTE SAME The City Council of the City of Chula. Jista does hereby resolve as follows: That that certain agreement between the City of (~huaa VistaE a munic:pal corporation, providing for the use of board displaying Service dated the 7th day of is attached hereto and i set forth herein be, and and the Chula Vista Chamber of Commerce City-owned property for a site for a bill- Club emblems, February _~__, 1~6'7~_, a copy of w17 ~~:1, ~corporated herein,, the same as though f:x~. f_': the same is hereby appr~~ved. BE IT FURTHER RESOLVED that the Mayor of the C.it_y of (:'hula Vista be, and he is hereb~~ authorized and directed to execute sa:~cl agreement for and on behalf of said Citva. BE IT FURTHER RESOLVED that all building and electrical permit fees for the construction of said billboard be, and the same are hereby waived. Presented by ,~ ~~ -'~ - _... --..- _, /_A Fred A. Ross, Chief Administrative Officer Approved as to form by George D Lindberg, City Atto ._1_ Ai10?~EJ '•_:~L` AFHROPJF;D b_y _3.1:e C'IT'Y CJUNGII: of tt~e CyiY CF GH[JLA VISTn CALiFGRNIA, this _ 7th ~ day of ~_, March ®, "967 , by the f:>1'iowing vote, to-wit; AYFS° Councilmen. Sparling, Sylvester, Anderson~/McAllister, McCorquodale NAYES~ Councilmen None ABSENTa Councilmen None ? ~ .~ • , ~. ayor of tl-ie City of China Gista City ClerK STATE OF C~~3~Ir ORN L~ j CGUNT'~ GF SAN DIEGG i ~s , CITY OF CHUTA 4T?.ST~A ,~ I, '~EIL'NrTH?~ C.~~IFBEL.~, City Clerk of tl~e City of Chula 41sta, California, DO HEREBY CLRI'IFY that the above a.r.d fc~r_egoing is a full., true .nd r_crrect copy of or repealed. DATED° and that the same ha.s nor_ been amended City Clerk CC-652 02 ~~~ rr~rcril~l hux~r;rl~iv't' THIS AGREEMENT, made and entered into this 7th day of February, 1967, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and the CHULA VISTA CHAMBER OF COMMERCE, hereinafter called "Permittee"; W I T N E S S E T H WHEREAS, the Chula Vista Chamber of Commerce, Permittee, desires to use that certain property owned by the City of Chula Vista located Westerly of Interstate No. 5, exclusively for the construction, operation and maintenance of an advertising billboard or sign to dis- play Service Club emblems of the City of Chula Vista, which property is more particularly described as follows: The Southerly 35 feet of the Easterly 60 feet of the Northerly 330 feet of the Westerly 449.47 feet of Quarter Section 161, Rancho de la Nacion, according to Map No. 166 filed May 11, 1869, in the County of San Diego, State of California and WHEREAS, the City of Chula Vista is willing to authorize said use for a period of one year, and to grant to Permittee a use permit for the purpose of constructing, operating and maintaining for a period of three years an advertising signboard or billboard for the sum of ONE DOLLAR ($1.00) per year. NOW, THEREFORE, IT IS AGREED by and between the City of Chula Vista and the=Chula:Vista Chamber of Commerce that the terms of this use permit agreement shall be as follows: 1. City agrees to permit the Chula Vista Chamber of Commerce, Permittee, to use that certain parcel of real property owned by the City of Chula Vista, as described hereinabove, exclusively for the purpose of construction, operating and maintaining and operating an advertising billboard or signboard for a period of three years for the sum of ONE DOLLAR ($1.00) per year. 2. City reserves the right to approve said billboard or signboard as to size, design and construction standards and the ad- vertising message contained thereon. 3. Permittee agrees to pay the sum of ONE DOLLAR ($1.00) per year upon the execution of this agreement and on the anniversary date thereof during the term of this permit. 4. Permittee agrees to take out public liability insurance with an insurance carrier satisfactory to City to protect against loss from liability for damages on account of bodily injury, including death resulting therefrom, resulting directly or indirectly from any act or activities of the Permittee. Such public liability and property damage insurance shall be maintained in full force and effect during the entire term of this permit, in amounts of not less than $100,000.00 for one person injured in one accident, and not less than $200,000.00 for more than one person injured in one accident, and in the amount of not less than $50,000.00 with respect to any property damage. 5. Permittee agrees that it will hold the City free and harmless from and indeminified against all claims for labor or materials in connection with the construction, maintenance and operation of said billboard or signboard and any liability arising as a result of per- mittees activities, either directly or indirectly, and the cost of de- fending against such claims including reasonable attorney's fees. -1- ~3 y~ 6. Permittee agrees not to assign or transfer in whole or in part the permit granted hereby or any interest therein. 7. It is mutually understood and agreed that if any default be made in the payment of the annual fee for this use permit or in the performance of the covenants, conditions or agreements hereof, and such default shall not be cured within ten (10) days after written notice thereof, the City shall have the option to immediately terminate this use permit the Permittee shall thereupon:_-'forthwith remove from said premises and City shall have the right to re-enter and take possession of the premises. 8. It is mutually understood and agreed that either party to this use permit may cancel and terminate said permit upon written notice given thirty (30) days after said notice. Permittee agrees that upon the termination of this permit by the expiration thereof, or the earlier termination as by the terms of this permit provided, Permittee shall peaceably yield up and surrender the permit and premises and shall re- move any and all structures existing thereon. 9. This use permit shall take effect on the 15th day of February, 1967, and shall terminate on the 14th day of February, 1970, unless properly extended by action of the City Council of the City of Chula Vista. IN WITNESS WHEREOF, this use permit agreement is executed by the City of Chula Vista acting by and through its Mayor pursuant to Resolution No. 4342 and by the Chula Vista Chamber of Commerce, the day and year first hereinabove written. THE CITY OF CHULA VISTA ~~-~ `- ._-- F ~-~ Mayor CHULA VISTA CHAMBER OF COMMERCE ~~ ~ ~- ~`e Approved as to form by George D Lindberg, City Atto ey -2-