HomeMy WebLinkAboutReso 1963-3061RESOLUTION No. 3061
RESOLUTION AUTHORIZING EXECUTION OF FIRST AGREEMENT
WITH UNIFIED PORT DISTRICT
WHEREAS, the City of Chula Vista administrative officials
and the Unified Port District administrative officers have conferred
with respect to certain desired relationships between the said
Unified Port District and the City of Chula Vista, and
AIHEREAS, the Unified Port District has presented a form of
AGREEMENT to the City of Chula Vista for its consideration,
NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City
of Chula Vista is authorized to execute that certain Agreement, a
true copy of which is attached hereto and incorporated herein by
this reference thereto.
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 12th day of March 1'~ 63
by the following vote, to-wit:
AYES: COUNCILMEN McMains, McAllister, Menzel, Smith _____~~~~
NAYES; COUNCILMEN None
ABSENT: COUNCILMEN De~raaf
~~1 G~.
~r of the Ci ~ hula Vista
ATTEST ~/ `.,c. ,c-GC f'~4~ --~~`'~-
City Clerk
STATE OF CALIFi~P,NIA )
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that the same has not been amended or repealed.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 Cleric
6AN DIEGO UNIFIED PORT DISTRICT
ORIGINAL
f1 G R Ia` ~ 1~ F'i Z`r T
~~4
DOCU M. NT NO.________________________________
FILE D__________________""-"~ ~_~ ~~~~_____
MI.-ROFILM NO_________________________________
OFFICE OF THE tyLERK
THIS ~Gt~i,DEL~TwT, rade and er~tered into this 14th
day of March 1~r3, by and be'cween tiie City of
Chula Vista, a F.unicipal corporation, I.ereinafter called "City",
and time :aF~ Diego VTni-=iecl port District, a pui~lic corporation
establisF.ed pursuant to the provisions of 'it~:e San Biebo Unifies
Fort District Pict, izereir~after called "District".
~`~ I T J:v L S~~ T ~~
Si~~.r~crrP..S, the San Diego Unified Fort District ~?as bee:.
created pursuant to t:~e provisions or t__e San Diego iJ ~ified
Fort District P,ct; and
Vdr~'i.s~. s, Section 14~ of said act provides for a con-
veya~.ce of certain tidelands ak~d subr.er~ed lands by City to
District; and
E7t~.EP.S, Section ~7 of said act requires District to
tai.~e over aibd assume certain. bonded ir~debted::ess of City; and
"a,t~:5t~i~sS, City and District are desirous of defining
ti.e 1a_ads to 1:.e transferred, of clarifyi~~g the fia~ancial obli-
gatioi3s of the parties, and of clarifying futare relations -
between District and Cit~T; and
t~r~DFa, the aar?iristrative oi-~=icials of the District
and City ?ave reco~:x~ended tl.e ter~:~s of tr~is laJreer:~ert to their
respective legislate°re bodies; ivOS:, Tr~i.~`G~.D,
IT IS Tv`iJTU.~~LLY AG~~D~ by the parties iaereto, as follows:
i"~:at t?~e traa~sier of all real ana personal property,
t'_~e trar_sier of responsibility of supplying services, arrd ti2e
effective date o= flee agreed assu:;~ption of horded indebtedness
and other agreed ~zatters shall occur si~ultar~tously, aild t~~e
day upon w~lich all suc'_3 z:iatters are to be e:~~fective shall be
-1-
r
?zereafter referred to as the transfer date. The transfer date
shall be 14 Marc:z 1963
1 - r~YloPl~l.fr 1 1
The City will convey to the Can Diego Unified Port
District, and District will accept the conveyance, of all
tY;ose lards described ir. the Conveyance from City to District
dated 12 March 1963 a;Ed filed in ~tlze office of tze
City ClerY~ as Document Ido. 3062 , and filed in the
office ox the District C1erI~ as Documeizt ~o. 119
1T IS UR,^1:i UTW'DY~L~TOvD AT'D AG:~EED tFiat ii the City
sYzould ever desire to coEZStruct, rfiaintain, and operate a fire-
station on the tidelands conveyed by t3ze City to tze District,
the District will maY>e available at no cost to the City a
parcel oz approlcima'cely 13,000 square =eet with a location which
is suti~.ble for such lire-station purposes, and zvlzich is
mutually agreeable to botiz City and District.
City shall maintain said parcel and any ir,~provements
tYzereon in good repair, and si_ail sable the District harmless, and
indemnify it against all claims for damage to property or injury
to persons resulting fror.~~ 'the use arrd occupancy of said parcel
by City. At such tir,~e as City shall cease using said parcel
for the maiiztenance of a fire-station tl?ereon, tYze right of
control and the possession thereof shall revert to the District.
The District and City shall taY~e suc~i steps as may be
izecessary to clearly define tine boundaries of the tidelands arrd
submerged lands described ire said Conveyance, and shall cause
a Iliap of suc3= lands to be prepared. Copies of said &Yap shall
- ~ -
be filed ivitTz the District and tree City, and sI<all be wade
a part of this agreement.
City shall also transfer to the District all proceeds,
including accumulated interest i~o~~ rseld by City resulting from
tT:e sale of tl:e bonds referred to in that certain l~ssumption
Agree~.ent between the parties hereto, dated 1{ebruary 26, 1a~3.
District shall use said funds only for the purposes for wi~ich
said bonds `-sere auth orized by the people of the City o:~ G~:ula
F
Vista.
City may retain, 'rowever, such amou;3ts as raay be
necessary to pay any outstanding obligations of City which
are a proper charge against such funa~s, and shall satisfy such
obligations witTl tl?e retained funds.
11 - STRP~T~
All streets located on the lands being conveyed to
District by t1Yis agreement, except for those streets Tzereto-
fore dedicated to public use, shall henceforth belo;~g to the
District, and sTgall be designated "private streets".
District will construct at its own expense any
_ future streets Witi?iI1 the area being conveyed to District by
tl-:is agreement. If it is determined mutually by tT~Ye ~soard of
port Commissioners and the council of CT~ula Vista that new
streets axe required in said area for general public use, such
streets will be constructed to existiYig City standards and
specifications by District, and siaall be designated "public
streets". District shall dedicate, a;Yd City sT~all accept,
all such 'ipublic streets".
District shall maintain all "private streets" as
- ~
as defined l~ereira, and City shall u:aintain all dedicated streets
within the area being conveyed to District pursuant to this
agreemea.t and all "public streets" as clef fined Herein.
City will enforce ordinary traffic regulations, except
parking, upon the "private streets", and shall receive any
revenue resulting from such erforceiuent. District shall receive
all other reve.~ues, including parking, from such "private
streets°' .
111 - S~.~dICSS
It is expressly understood tdrat extraordinary services
upon District lands sl?all be provided by District at its own
expense; that District ray provide such extraordinary services
by contract with City or otherwise; that the following are
some, but not all, to classified as extraordinary services:
rodent control, auditing, purchasing, retirer3ent and insurance,
fireboats, and the services of the City Treasurer, L~ittorney,
Civil Service and Public ~lorks Departfaent; that in other
instances not specifically ~ieixtioned, ~tHe criteria for determin-
ing whether or riot t~:e services shall be deemed extraordinary or
- regular service, now or in the future, shall be whether or Trot
the City provides such service to other areas of tl~e conaa~lunity
without charge except for ad valorem taxes.
IV - ~SI,1~tIEP~rI'S
City reserves from the aforementioned conveyance
utility easements for existing sever and drainage facilities,
aiid easements necessary for tl,e construction and maintenance of
new sewer or drainage facilities for which ti~.ere is a contract
as of tre date of tl.e execution of this agree;:^~ent. misting
- ~ -
utilities, and the easer.ents theresor sizall be located by sur-
veys to be ~yiled i=~it~~ City and Distx•:ict on or before ,~uiy 1,165.
%xistir?g utilities and suture uti7.~.ty easements shall
con~orm to ti_e zollowir<g standards unless othrerwise agreed to
lay the City T~~:anager and the Dort Directox°;
%ase~~ents shall be ii~teen Beet ir: widt~~ except that
for drains more titan si<>ty incY~es in diameter and sewer ~.aiYSs
larger than sixteen inches i.n diameter tP~e easement shall be
twenty beet in width.
I.t tine ease~?ent only supplies operations on District
properties, District will supply t~:e survey and r-iap.
Ii ti-:e easement supplies benefits to r_o District
properties, City will supply the survey and nap.
Ii easement supplies service wizich is jointly laene-
iicial to District and known District properties, the priE~.ci-
pal bene~.iciary, i. e., City or Listrict will supply the survey
and nap.
Police, building, sanitary, Mire and licensii?g re gu-
lations of City shall apply to all District properties within
the city lit its.
fewer service charges, ii any, will be billed to
District and to tenants on District property in the same r;:an-
ner as alI other service users.
the City shall retain all documents and records rela~t-
irg to the lands beir:g conveyed to District pursuant to tl.is
agree:aei~t now in its possession until they are disposed of under
- 5 -
the provisions of law for is?e disposal of records or in sorie
~:anrier r!utually satisfactory to City ar_~d District. City wi11
furnish District with a certified copy o~ any such document
upon request.
~'~henever a franchise traverses District property,
the fan Diego Unified fort District s~iall be entitled to the
revenue from such. franchise; prov.ded, however, that nothing
in tYsis parabraph shall limit; the rigi~t of City to grant
franchises throug~ dedicated streets on District property and
to require franchise pay«.ents to City for such franchises.
VI - L~ir1iL R1:SD01dSIBILITY
District assumes all responsibility for the legality
of the formation of District, and for co~lplete compliance with
all the terms of this ~greerent, artd for any other acts, actions
or effects that in any way result ire damage to or increased
financial responsibility of City, and shall ia?demnify and save
free and I:armless City and its aut~orized agents, officers and
employees against any of the foregoing liability arzd any costs
and expenses incurred by City on account of any claim or claims
therefor, including any claims against the City, its aut:aorized
agents, officers and employees arising as 'ci3e result of the City4s
reliance upon the terms of this agreement or any other agreement
between District ar~d City,
It is expressly agreed that should tLere be any delay
in transfer date ~aecause of litigation or otherwise or should
any incoi~asistent dates arise between the transfer date, which
shall be the date or delayed date I:eretofore referred to, and
- 6 -
any other date in tP_is agreef~ent or .i.n t:e docu~m.er~ts referred
to in this agree~~ert, such dates shall be ineffectual and tizis
agreement sha11 become effective upon, and only upon, the tralzs-
fer date as herein set out or as delayed by litigation or other-
wise.
uo long as any litigation is pending to question the
constitutionality of the San Diego Unified Fort District Act
or the validity o7 tl~e existence of, or tine exercise of power
by, the an Diego Unified Porgy; District, acting througi3 its
I~oard of Mort Cor.:~::issioners ai.d other officers and e;~ployees,
agrees ti;.at all revenues derived fro~~ the lands conveyed under
tYie terms of this agreement sl"all be used exclusively for the
purpose of improving the harbor and the tidelands fronting
thereon, and for the air~tenance and operation eF ti-~e portion
of t1~e District which was once controlled and operated by Chula
Vista, and for such other purposes or uses far which City could
expend such r.,onies.
Tx-Z CITY of CrULA VISTA
~~.'~ f~~zk~
Th"E SF~i~~
Dy _-~
I~ FOR7~' DISTRICT
- `~ -