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HomeMy WebLinkAboutReso 1966-4006. .~ - Form No. 342 RESOLUTION N0. 4006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GREATER SOUTHWESTERN CORPORATION FOR THE CONSTRUCTION OF PARKING JOINT USE FACILITIES AND AUTHORIZTNG THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and the GREATER SOUTHWESTERN CORPORATION FOR THE CONSTRUCTION OF PARKING JOINT USE FACILITIES ON A PORTION OF CITY-OWNED PROPERTY, dated the 1st day of March 19 66 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 said City. Presented by ~ ~' `` t Lane Cole, City Engineer Approved as to form by George D. indberg, City Attorne ~ s, ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, thislst day of- March 19 66 by the following vote, to-wit: AYES: COUNCILMEN McMains, McAllister, Anderson, McCorquodale, Sparling NAYES: COUNCILMEN None ABSENT: COUNCILMEN None -~~ ~_~ Mayor of the City of Chula Vista ATTEST ~~.~~~~-.c, ~ ~ -, ~~~~.~ ~-(~-~~~„~%~ - ,"''C_ -amity Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of , and that the same has not been amended or repealed. DATED: City Clerk CC 652 -'~{ Oaf PARKING JOIidT USE AGREEMENT THIS AGREEMENT, made and entered into this 1st day of March 1966 by and between the City of Chula Vista, a municipal corporation, hereinafter called "City," and The Greater Southwestern Corporation, a corporation, hereinafter called "Corpor- ation;" W I T N E S S E T H WHEREAS, the Greater Southwestern Corporation proposes to build a Twin Tower high rise structure for residential and professional uses at the intersection of Center Street and Fourth Avenue in the City of Chula Vista, and WHEREAS, said construction and the uses proposed therein will require parking spaces over and above those which may reasonably be provided upon the subject property, and WHEREAS, the property immediately adjacent to the subject property is owned by the City of Chula Vista and is presently being used for parking for the Chula Vista Recreational Center, and WHEREAS, the Greater Southwestern Corporation :desires to expand their contemplated subterranean parking garage located one level beneath the Twin Tower structure so as to provide the necessary additional parking facilities, and in so doing would utilize a protion of that property presently owned by the City and used for parking purposes, and WHEREAS, the City is willing to enter into a joint use agreement to authorize the Greater Southwestern Corporation to utilize the subterranean level and to continue to maintain parking spaces on the ground level for the purpose hereinabove outlined as parking for the Recreational Center. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties, for the consideration as set forth herein, as follows: 1. City does hereby agree to grant an easement to the Greater Southwestern Corporation for the construction and maintenance of said parking facility on the property more particularly described as: That certain real property situated in the City of Chula Vista, County of San Diego, State of California, being the Northerly 46 feet of the Westerly 310 feet of Lot 25, Quarter Section 137 of Rancho de la Nacion according to Map No. 505 filed in the office of the Recorder of San Diego County March 13, 1888. City further agrees that during the period of construction of said facility that-such properties immediately adjacent to the easement granted by the City may be used by the Greater Southwestern Corporation as may be necessary in the construction of said subterranean garage. 2. City agrees that said easement shall be granted for an indefinite period of time for so long as it is necessary to use said subterranean garage to provide adequate parking for the proposed Twin Tower development. Further, during the full term of this easement, and as a condition to its continuation, it is agreed that the lower level parking will be for private use of the Towers only and shall be subject to the regulation of the owners or lessees of the Towers or their successors in interest. No other use of the area covered by the easement granted to the Greater Southwestern Corporation shall be permitted without the written consent of the City of Chula Vista. -1- ~'•~ltr~ it ~ - ' Vr w ~~~ J '1 ~~0`~ 3. City agrees that in the event that the parking facilities for the Recreational Center should be abandoned at any time in the future, the Greater Southwestern Corporation or their successors in interest shall have the right of first refusal to purchase the fee simple interest in the easement area being granted under this agreement. 4. City shall retain full rights and authority to regulate any and all parking on the upper level covering the area of this easement, which right and authority shall include but not be limited to the installation of parking meters, provision for limited parking or for reserve parking spaces for special purposes or personnel of the City of Chula Vista. ., 5. Greater Southwestern Corporation agrees to install at their cost with no obligation to the City of~'Chula Vista, additional storm drain facilities as shown on Exhibit A~, which, with the existing facilities will be capable of carrying a fifty-year ultimate storm to the east line of Fourth Avenue, or in lieu thereof, shall deposit ~G~ ya?±l? -~~?_ ~'' } __ ___~_~ ~'__ __ sums in an amount equal to the estimated '"cost of saidlinstallation as approved by the City Engineer of the /~~ City of Chula Vista. Said sums will be held in trust for the purpose of providing for said storm drain facilities, and shall be used by the City of Chula Vista exclusively for said purposes at such time as the City may determine the need and necessity for the installation of the storm drain facilities. Head walls of said drainage facilities shall be coincident with the existing facilities. 6. All plans and specifications for said improvements, including the structure of the subterranean parking garage and drain- . age facilities shall be subject to the approval of the City. All structures shall be designed to the standards and shall provide for the loadings as established by the City, and all construction and design will meet with the requirements of the Uniform Building Code. 7. Greater Southwestern Corporation, or their successors in interest, agree to maintain any and all structures except drainage `, installed in said easement area, subject to periodic inspection by the City of Chula Vista to insure their safety and proper maintenance. 8. City will maintain the surfacing of the parking area on the upper level only. 9. Greater Southwestern Corporation agrees to revise and reconstruct the existing Fourth Avenue entrances to the Recreational parking area as it is presently constructed as necessary to accommodate the new structures to be built by Greater Southwestern Corporation. All such revision and reconstruction on City-owned property shall be subject to approval of the City of Chula Vista, and all costs for said reconstruction shall be borne by Greater Southwestern Corporation. 10. Greater Southwestern Corporation further agrees to pro- vide liability insurance for any occurrences resulting in damage to person or property because of the installation and use of the structures with the exception of the storm drains referred to herein in an amount mutually satisfactory to the City and the Greater Southwestern Corporation, subject to the approval of the City Attorney of the City of Chula Vista. 11. Greater Southwestern Corporation agrees to indemnify the City of Chula Vista for any liabilities arising during the course of construction or thereafter as a result of the maintenance and install- ation of said facilities, and to hold the City of Chula Vista harmless from any and all liabilities that may result therefrom. Greater Southwestern Corporation further agrees to protect and hold harmless the City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of the acts or omissions of the corporation or its successors in interest, its agents or employees. -2- ~- yoo~ 12. It is further agreed that the facility as proposed shall meet all provisions of applicable ordinances of the City of Chula Vista, the laws of the State of California or the laws of the federal government. IN WITNESS WHEREOF, City has caused this agreement to be executed by having affixed thereto the signature of the Mayor of said City, acting under and pursuant to Resolution No. 4006 of the City of Council of the City of Chula Vista, and Greater South- western Corporation has caused this agreement to be executed, as duly authorized, the day and year first hereinabove written. THE CITY OF CHULA VISTA E eanor Anderson,~Mayor GREATER SOUTHWESTERN CORPORATION \~i ~~"~. ~ 'Z ~l ; .~' Approved as to form by ~. f- George D. ndberg, Ci y Attorney,~~ f ,/% -3- -'~ `~ °~