HomeMy WebLinkAboutReso 1961-2749 Resolution No. 2749
Tidelands Lease Policy RESOLUfIQN N0. 2749
RFSOLUTION OF 1HE CITY ODUNCIL OF TF� CITY OF '
CHUTA VISTA APPROVIIQ'i TIDELANDS LEASH POLICY
Tf� CITY CDUNCIL OF TF� CITY OF CfIJIA VISTA, CALIE'qRNIA, DOES �
F�REBY RESOLVE AS EYILLOWS: _
That that certain policy with respect to .the leasing of
Chula Vista Tidelands , a copy of which is at3ached hereto, is
hereby approved, said policy having been recoffiuended by the
� - Harbor ,Cormnission of the City� of Chula Vista, California.
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 2nd day of Januarv 19�
by the following vote, Co-wit:
AYES: COUNCIlMEN DeGraaf Smi h McMain� rAlll�A� MA..,vi
NAYS: COUNCIIMEN None
ABSENT: COUNCIIMEN None
54��,�> ��1� ��
Mayor of the City of Chula sta
ATTEST,� =���l�("
City Clerk r
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, KENNETR P. CAMPBELL, City Clerk of the City of Chula Vista,
California, DO HERESY CERTIFY that the above and foregoing is a full,
[rue and correct copy of , and
that the same has not been amended or repealed.
DATED
City Clerk
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Tideland Lease Policy 11
, � � _ �ideland Lea„We Policv , .
` Se it resolv�@, that ihe Gity Covncii of the Gi�y of Cfl��la Vista
does hereby adoQt a golScy �nti'�led, �olicy wi±h� Respec� fio Leasing
Ghula Vista Tide?ands.
1:. The City Cauncil, does heseby adv3se ifis autno�±zed agen�s ana
lessees that tha right ico �ake wi�h a�d upon these certain lands
granted ta the City by the Staie oi Caliiornia. hereinafter
�ef2rsed to as Tfde2ands, shall be subject Vo the fo?lowing
considerations:
(a) All Lhos2 covenai'ts and conditions contained mithin thQ
statutes under �rhich the t!delands have been granteo to
. the City.
(b) lhe tarm of a 4ideland Iease shall be govQrned bg ihQ value
of improvements erected thereon. Long-term isases may be
gaanted, v�hen so requested by the lessee: whenever safd
lessee includes as a conside�afion in the leese a prpvision
_ tnat said Iessee c��ll. �ithi❑ a mutvally acceptable period
of time, irtstall, construct or erect improvements of sub-
stantiel value on said Ieased psopestye Short-tex�v l�ases
of five (5) years or less nay be gran2ed �Lo a lessee whenever
said lessee d�es not include as a consideration in the ieas�
' a proyision tha¢ said lassee F�311., v�ithin a mutually accept-
able pesiod of time, install, construct or erect improvements
of subetantial value on said leased property: The dater-
minatian of what is °subsiantial value" shall be made by the
City Counc!1 in each paiticu2ar lessee
� Unless sooner terminated, and at `1`oast riinety (90)_..days
before the expiration of the ori.ginal term� the lessee may
be granted an op�ion to extend sasd tesm for one..additional
terei; for a length of tima mvtually agreed upon by the
lessee. ,and �he lessor. said agreement to be contained u�ithin
the oiiginal lease.
(c) A"s and for the rental to be paid by a lessee� said renta2
sha11 be calcula�ad on the basis of a. prudent return on
the market ��alue of the property. . ."Retuin on the Market
Value .of the Property". as this ferdi is osed, .sha;I mean a
renfal �rhich 4vi1-2 prodvice .�n aqoun,t of revenue equal to at
least :s.ix (6} pescent oi the value of the property, Said
"Property V�iue" shall be a value arrived a4 by discounting
by tu�en'ty-five (�5) perceni the market .value o£ £ee-otivned
industrial preperty; selected on.,.tlie-:.basis o£ �errestria:
_ characteristics; usa> zoning, and Iocation si�ilarity t�
the t's;deland �roper'tye. The determ�rietion of wha� :is "Property
' V�lue" ;shall b3 made by the City Councfl in each particular
lease:; Rental to be paid �y a lessee c:here the business to
be conducted on the property is psimerily for a res�aurant.
bar, retail services, or a coe�6ination thereof. a�ay be cal-
culated on a percentagQ basis. Said leases shall be _not less
than three (3) parcent of the aross for land upon which the
lessee construc�ts buildings and not less than five (5)
percertt o£ the .gross for land uoon which building space is
provideci by tha lessor.
I
i ,2-� ���
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Rental rates for tho tzrm o: ths basic lease may be tixed
for tha entira term oi t?�e basic lease or may �rovida
for periodic review and renegotiatSon, or a co�nbination
cf bo�ha Rantal ra4es fos additional tex�ws shall be
revie�ed every t.+o and one-half (24) years of the lease
and anv extonsian thereof, and a sum �to be agreed upon a4
or before tho ettPisation of each• two a�d one-hal€ (2!�) year
period o: said lease by th2 G�ty �c:�:.c�l �nv a�,°_M 9°ssee 5h8S�
be binding.
(d) It shall be mutually agraed by the lessor and the lessee
� • that a substantial pori3on of the cansfderation for the
granfing of a 4ideland lease is the maintenance cf the �
prepises in a fresh, clean, so:�rd and up-to-date condition
at ..al•1 times; and tha active use of _�he premises by ihe_
�dessee for- the. purFoses described, . i;n"that the physical
condition of the premises aad its: conLinuous active use •
enfiance the vaZue of the `tideSands' and provide additicnal_
employmsnt, taxes and other benefits to the general economy
of Ghula Vista.
Ce) That ttrre shall be no sub-lease or es3gnment given arithout the express
written consent of the City Council. '
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12-28-61
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