HomeMy WebLinkAboutReso 1965-3819 r - L~
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- Form No. 342
,~/~ RESOLUTION N0. 3819
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT; BETWEEN, THE .CITY OF CHULA VISTA AND
CAVALIER MOTOR HOTEL AND AUNT EMMA'S PANCAKE RESTAURANT
PROVIDING FOR ..:'USE PERt'~iIT FOR A POP.TION OF CITY PROPERTY
LOCATED WEST OF THE 101 FREEWAY FOR SIGN PURPOSES
AND AUTHORIZING 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 Cavalier Motor Hotel and Aunt Emma's
Pancake Restaurant providing for a use permit for a portion of City
property located west of the 101 Freeway for sign purposes,
dated the 10th day of August , 19 65 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
Fred Ross, Chief Ad-ninistrative Officer
Approved as to form by
.~I~~~/~
George D Lindberg, City Attor
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ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, thislothday of August
1965 by the following vote, to-wit:
AYES: COUNCILMEN McAllister Anderson, McCorguodale, SparlinQ, McMains
NAYES: COUNCILMEN
ABSENT: COUNCILMEN None
1
f Mayor of the City of Chula Vista
ATTEST `~ /~
City 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and that the same has not been amended or repealed.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
USE PERMIT AGREEMENT
THIS AGREEMENT, made and entered into this 10th dAay of
August , 19 65 , by and between the CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City," and CAVALIER
MOTOR HOTEL and AUNT EMMA'S PANCAKE RESTAURANT, corFOratiens, here-
inafter called "Permittees,"
'W I T N E S S E T H
WHEREAS, Cavalier Motor Hotel and Aunt Enma's Pancake
Restaurant, Permittees, desire to use that certain property owned
by the City of Chula Vis±a, located Westerly of Freeway 101,
exclusively £or the construction, operation and maintenance o£ an
advertising billboard or signboard, which property is mere particularly f
described as fcllows:
The Southerly 35 feet of the Eastzrly 60 feet o£ the
Northerly 330 feet o£ the Westerly 449.47 £eet of
Quarter Section 161, Rancho de 1a Nacion, according
to Pap No. 166 filed May 11, 1869, in the County of
Szn Diego, State of California
and
WHEREAS, the City o£ Chula Vista is willing to authorize
said use £or a period of one year, and to grant to Permittees '.a
use permit for the purpose of constructing, operating and maintaining
£or a period of one year an advertising signboard or billboard for
the sum of FIFTY DOLLARS ($50.00) per month.
NOW, THEREFORE, IT IS AGREED by and between the City o£ Chula
Vista and Cavalier Motor Hotel and Aunt Emm.i's Pancake Restaurant that
the. terms of this use permit shall be as follows:
1. City agrees to permit Cavalier Motor Hotel and Aunt Emma's
Pancake Restaurant, Permittees, to use that certain parcel of real
prcperty owned by the City of Chula Vista as described hereinabove
exclusively fcr the purpose of constructing, operating and maintaining
and operating an advertising billboard or signboard for a period of
one year for:.ti~e. sum cf FIFTY DOLLARS ($50.00) per month.
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2. City .reserves the right to approve said billboard or ,
signboard. as to size, design and construction standards and the
advertising me s age contained therein, ~~
3. Permittees agree to pap the sum of FIFTY DOLLARS ($50.00)
per month on or before the first day of each month during the term
of this permit. ~ - -' ~° ~ '
4. Permittees agree 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 ~ ~~
,' 3eath resulting therefrom, resulting directly or indirectly from ~ ~~~
any,act or activities of the Permittees. Such public liability and ..
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. 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 ore person injured in oize accident, and in ~ ~ ..
the amount of not less than $50,.000.00 with respect to any property _
damage.
5. Permittees agree that they will hold City free and
- Harmless from and indernnif ied against all claims for labor or materials
in connection with the construction, maintenance and operation of -
said billboard or signboard and any liability arising as a result of ~ ~ .
permittees activities, either directly or indirectly, ann the cost ~ '
of defending against such claims including reasonable attorney's fees. ,
6, Permittees agree not to assign or transfer in whcle or ~ ~~
in park the permit granted hereby or any interest therein.
7. It is mutually understood and agreed that if any default ~•
.be made in the payment of the monthly fee for this use permit or in ~'
the performance of the covenants, conditions or agreements hereof, _;
and such default shall not be cured. within ten (10) days after ~ '
written notice thereof, the City shall have the option to immediately ..
terminate this use permit and Permittees shall thereupon forthwith' .. ~- Ili
remove from said premises and City shall have the right to reenter ~I
and take possession o£ the premises. ~- _ ._.
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S. It is mutually understood and agreed that either party".
to this use permit may cancel aild terminate said permit upon written
notice. given thirty (30) days after said notice. Periittees agree
that upon the termination of this permit by the expiration thereof -
or the earlier termination as by the.-. terms of this permit provided, "
Permittees shall peaceably yield up and surrender the permit and
permises and shall remove any and all structures existing thereon. ~ '
' August 15, .. ~ '
' 9. This use permit shell take effect on 7S~$UYcii~~YY,11., 1965 ~ ~ -
14
ane3 sha•11 terminate on August 73'N, , 1966, unless properly extended by
action of the City Council of the City of Chula Vista. '~- ;;'' ~~
. IN WITIQESS WHEREOF, this use permit agreement is executed
by the City of Chula Vista acting by and through its Mayor pursuant
to Resolution No. 3819 , and by Cavalier Motor Hotel and Aunt E*mna's
Pancake Restaurant, the day and year first hereinabcve written. -
' THE CITY OF CHULA VISTA '~
Eleanor Anderson, Mayor ~ ~ ""
CAVALIER MOTOR HOTEL ~ - " ,~ ~ '
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AUNT EMMA'S PANCAKE RESTAURANT
Approved as to f rm by / ,~/ h _.. _ .
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George D. L ~" erg, Ci y Attorn ,, -,
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