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HomeMy WebLinkAboutReso 1962-2954LEASE EXHIBIT "A" . - �. _ • <y RESOLUTION No. 2954 RESOLUTION OF THE CITY..OF CHULA VISTA APPROVING RENTAL OF TIDELANDS: WHEREAS, the City of Chula Vista did on ,September 17, 1957 enter into a lease agreement with the° San Diego Gas and Electric Company, for a portion of tidelands, more particularly described in Resolution„>No. 1952, of the City of Chula Vista, and . WHEREAS, ,the, said lease contains a provision for rental review at the end of each 'five ,year term of the lease, and 0 WHEREAS,, the San Diego Gas and Electric Company and the Chula Vista Harbor Commission.have agreed upon the future rental to be paid by the San Diego•Gas and Electric Company for the next five year term of the lease . NOW THEREFORE, be it RESOLVED that the Mayor. of the City , of Chula Vista be authorized to enter into a modified agreement increasing the annual rental from $1600.00 t6 $ 627.19:. , . (7..X0.(0-4.-e- - ,.4 4 3- k°) ° a_ 4 , .))*, c);J: . I g. 17, a _ 3 , tifr .4 1 AA” ); 9. , A itv, i 1 . 0 , . . , . , ),.) . , . i k , • ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 30th _day of October 1962 by the following vote, to-wit: AYES: COUNCILMEN McAllister, Menzel,DeGraaf,McMains NAYES: COUNCILMEN nne ABSENT: COUNCILMEN Smith or of the City f C a Vista y y ATTEST C3u-%y j ► City Clerk STATE OETALIFOPNIA ) 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CERTIFY that the above and foregoing is a full, true and correct copy of , and that the same has not been amended or repealed.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 'Ili 441;e4to -gt . + -d,S4,1 r+r r +e s.t. . rrr' t-'17-1' 4� --"-.. � '-'^"' • :'+'l . , ash +" 1rJi I fit' u Z, .'-' '`c- + 't r �mi .,, , . ! WIN i_ J t„,,4�?**11.J. ..t. i y 4 1 L.,,,,..1.' k c.ki.' .,,„." i + (, 1�V; k ;'n .?'.',..z.%, JJJ "...... _4:r.,.. .. r�, r... w. 4!31 -..-+..�.... r rY✓iC Ce1'bter- by of rLi4,14 sc-ic- ..._. CALIFORNIA DEPARTMENT OF PLANNING November 20, 1962 The Honorable Mayor and City Council of the City of Chula Vista Civic Center Chula Vista, California Regarding: Tidelands Lease - San Diego Gas and Electric Company Gentlemen: At the meeting of the Planning Commission on Monday, November 19, a request from the San Diego Gas and Electric Company to extend a dike and lease the adjacent water area was considered. As per the attached resolution, the Planning Commission recommends approval of this request., Respectfully submitted, ,0:41/..e„...c...4..... ;-/.2./E.4.-2-e..--,--- George H. Fretz GHF:jf Director of Planning Resolution attached cc: Frank DeVore • n RESOLUTION N O. 250 RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TIDELANDS LEASE TO THE SAN DIEGO GAS AND ELECTRIC COMPANY WHEREAS, a request was submitted by the San Diego Gas and Electric Company for a twenty-year (20) tideland lease for approximately one-hundred twenty-nine (129) acres, and WHEREAS, this area will be used by the applicant as a source of cool water in conjunction with the Company's generating plant, and WHEREAS, the applicant will construct dikes to facilitate the use of this request, and WHEREAS, in the event that a deep water channel is ultimately dredged in the Gay so as to conflict with the proposed dikes, the applicant wi l l surrender that part of their lease, if as a result, the dredged channel will provide them with cool water, and WHEREAS, THE Planning Commission set the time and place for a . hearing on said request, and notice of said hearing was given by the mailing and publishing of said notice for the meeting of November 19, 1962, and WHEREAS, the hearing was held at the time and place, namely 7:00 P.M. , Monday, November 19, 1962, in the Council Chamber, Civic Center, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, Ordinance No. 795, on Ordinance establishing a Tidelands Zone, provides that certain uses are permitted upon recommendation of the Planning Commission to the City Council. MOW THEREFORE BE /T RESOLVED that the Planning Commission, after considering the request, recommends to the City Council that the request for the tidelands use be approved. This recommendation is based on the following findings; I. The request does not conflict with the Tidelands Master Plan as adopted. 2. It is in the public interest. 3. The proposed plan of the dikes does not conflict with the public use, as evidenced by approval given by Army Corps of Engineers after public hearing had been held by that body. DATED: November 19, 1962 Chairman ATTEST: Secretary � - • • • LEASE THIS LEASE, made and entered into as of this 1st day of September, 1962, by and between CITY OF CHULA VISTA, a municipal corporation, hereinafter called the "Lessor", and SAN DIEGO GAS & ELECTRIC COMPANY, a California public utility corporation, hereinafter called the "Lessee". W I T N E S S E T H: That Lessor, for the considerations hereinafter set forth, hereby • leases to the Lessee for the term and upon the conditions hereinafter set forth, • a portion of those certain lands, bordering and extending into the Bay of San Diego, and being a portion of those lands conveyed to the City of Chula Vista by the State of California under the provisions of certain Acts of the Legislature of the State of California, which lands so conveyed are shown on Miscellaneous Maps No 399 and No 422, filed in the office of the Recorder of the County of San Diego as File No. 183217 on September 12, 1960, and as File No. 70430 on April 24, 1962, respectively, which said demised lands are more particularly described on Exhibit "A" and shown outlined in red on Exhibit "B", both of which Exhibits are attached hereto and by this reference made a part hereof. TO HAVE AND TO HOLD said leased premises for the term of this lease and upon the conditions as follows: FIRST: The term of this lease shall be for 20 years, commencing on the 1st day of September, 1962, and ending on the 31st day of August, 1982, unless sooner terminated as herein provided; provided, .however, that if, on or before the execution of this lease, or during the express term provided for herein, there is enacted by the Legislature of the State of California, and duly approved, any law or laws authorizing Lessor to grant a term of years for the leased premises longer • than that provided for herein, then and in that event, this lease shall terminate upon the expiration of the longest of such longer term or terms, computed from the said 1st day of September, 1962, and shall not terminate upon the 31st day of August, 1982, unless herein otherwise provided. eta , oql • SECOND: As and for the rental, Lessee agrees to pay Lessor the sum • of Five Thousand Six Hundred Sixty-Two and 80/100 Dollsrs ($5,662.80) annually, payable in advance on or before the 1st day of September of each and every year during the term of this lease, said rental sum being based upon the agreed present fair valuation of the land comprised in said premises. Said rental sum and said fair valuation shall be reviewed by the parties hereto at the end • • of the first five years and once every five years thereafter during the contin- uance of the lease. Said rental, if changed by increase or abatement, shall thereupon be fixed by the agreement of Lessor and Lessee for the ensuing five-year period. If the Lessor and Lessee cannot so agree, then said rental sum shall be fixed by three disinterested parties, or a majority of them, one to be chosen by the Lessor, one by the Lessee and one by the two so chosen; the expense of such arbitration to be equally divided between the Lessor and the Lessee. As a basis for fixing said rent, said arbitrators shal-1 take into consideration the character • of the property rented, its location and the then general rental values of tide- land properties in, or held in trust by, the City of Chula Vista similhrly situated. •• • • • Lessee agrees to pay to said Lessor the rent so agreed on between the parties or so fixed by said arbitrators, and Lessor agrees to receive the amount so agreed • or the amount so fixed as the rent for said premises for said ensuing period. THIRD: Lessee agrees that the leased premises shall be used exclusively in connection with the conduct of its public utility business and only for such other purposes as are necessary and incidental thereto and as are not inconsistent with.the trust under which said tidelands are held from the State of California, and Lessor agrees that Lessee .may construct dikes, may dredge or otherwise alter • • the character,' topography or elevation of said lands for such purposes according to plan attached hereto marked Exhibit "B", and by this reference made a part hereof, and further providing for additional'work to be approved by the City Administrator of the City of Chula Vista; excepting, however, that Lessee agrees that it shall not fill, or cause to be filled any of the leased premises, other • than such filling necessary to construct said dikes, without first having written permission from the Lessor so to do. - 2 - FOURTH: Lessee agrees not to assign the whole or any part of this • lease or any interest therein, or sublease the whole or any part of the leased premises, nor to permit the occupancy by other than Lessee of any part thereof. Lessee further agrees that in the event Lessor dredges or causes to be dredged all or any part of the leased premises, it will peaceably surrender unto lessor ' that part of the said leased premises to be dredged; excepting, however, that such dredging shall not be undertaken in such a manner or locations as to pierce or destroy or render ineffective Lessee's dikes for the purposes for which they are constructed; unless dredging by lessor or its agents is of such extent and magnitude as to provide for the continued efficient operation of Lessee's adjoin- ing power plant without the necessity for the continued •use and existence of • Lessee's said dikes. • FIFTH: Lessor agrees that in the event all or any part of the leased premises is surrendered by Lessee, that the annual rental shall be reduced directly proportionately to the reduction in the leased area by the surrender of a portion • or portions thereof by Lessee. SIXTH: It is understood and agreed by and between the parties hereto that any additions or improvements attached to the leased premises, or placed in or upon said premises by the Lessee, shall be considered personal property and shall remain the property of the Lessee, who shall have the right to remove the same from said premises within a period of three (3) months after the expiration of the term provided for herein, if the same be not renewed for a further and additional period; provided, however, that Lessee agrees to repair any and all damage occasioned by the removal thereof, as aforesaid, and if not so removed, shall become the property of the Lessor without cost or expense to it SEVENTH: Lessee agrees to pay before delinquency all taxes and assess- ments assessed or levied upon the Lessee or the leased premises by reason of any improvements of any nature whatsoever erected, installed or maintained by Lessee or by reason of the business or other activities of Lessee upon or in connection • with the said premises, and to pay any fees imposed by law for licenses or permits • for any business or activities of Lessee upon the leased premises or under this lease. - 3 - • • • EIGHTH: Lessee agrees to take out public liability insurance with an insurance carrier satisfactory to Lessor to protect against loss from liability • . • imposed by law for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of the Lessee or any person acting for it or under its control or direction, or any person authorized by it to use the leased premises, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from the acts or activities of the Lessee or any person acting • for it or under its control or direction, or any person authorized by it to use the leased premises. Such public liability and property damage insurance shall be maintained in full force and effect during the entire term of this lease in amounts of not less than $100,000 for one person injured in one accident, and not less than $200,000 for more than one person injured in one accident, and in the amount of • not less than $50,000 with respect to any property damage aforesaid. The policy shall carry an endorsement which agrees to accept the hold harmless provisions set forth above. • Certificates of such insurance shall be filed with the Lessor and shall be satisfactory in form to the Lessor. Said policies shall have a non-cancellation- without-notice clause and shall provide that copies of all cancellation notices �• '• ' •" • shall be sent to Lessor. In case of failure of Lessee to procure and/or renew such insurance, Lessor may in its discretion procure and/or renew such insurance and pay any and all premiums in connection therewith and all moneys so paid by Lessor shall be repaid by Lessee to Lessor upon demand. Provisions of this paragraph as to'maintenance of insurance shall not be construed'as limiting in any way the extent to which the Lessee may be held responsible for the payment of damages to persons or property resulting from its activities or the activities of any person or persons for which it is otherwise responsible. • • • • • NINTH: Lessee agrees that upon the termination of this lease by the expiration thereof or the earlier termination, as by the terms of this lease provided, the Lessee will peaceably yield up and surrender the rented premises in as good condition, subject to normal and ordinary change and alteration • resulting from the use of such premises as herein provided, and as provided in paragraph THIRD above, as the same may be at the time Lessee takes possession thereof, and to allow the Lessor to take peaceable possession thereof. TENTH: It is mutually agreed that in the event the Lessee commences a proceeding urger Chapter XI of the Federal Bankruptcy Act, or is adjudicated „• bankrupt or insolvent or makes any judicial sale of the Lessee's interest under this lease, this lease shall, at the option of the Lessor, immediately terminate • • and all rights of the Lessee hereunder shall immediately terminate and cease. ELEVENTH: Lessee agrees that in all activities on or in connection with the premises, and in all uses thereof, the Lessee shall abide by and conform • to all lawful rules and regulations prescribed by ordinance of said City, and any lawful applicable laws, whether municipal, state or federal, as any of the same may now exist or be hereafter issued, enacted or amended. TWELFTH: It is mutually agreed that if any default be made in the payment of the rental herein provided or in the fulfillment of the terms and conditions hereof, and in the event such default shall continue for 20 days after notice thereof by Lessor to Lessee, then this lease shall immediately terminate and Lessee shall have no further rights thereunder, and the Lessor shall immediately thereupon without recourse to the courts have the right to re-enter and take possession of said premises. THIRTEENTH: It is mutually agreed that any notice or notices provided for by this lease or by law to be given or served upon the Lessee may be given • or served by certified or registered letter Addressed to the Lessee, to the attention of its Engineering Land Department, P. 0. Box 1831, San Diego 12, California, deposited in the United States mail, or may be served personally, upon the said Lessee or any person hereafter authorized by it in writing to • receive such notice; and that any notice or notices provided by this lease or by law to be served upon the Lessor may be given or served by certified or - 5 � • • • registered letter addressed to City Manager, City of Chula Vista, Chula Vista, California, deposited in the United States mail, and that any notice or notices given or served, as provided herein, shall be effectual and-binding for all purposes upon the parties so served. FOURTEENTH: If the whole or a substantial part of the premises hereby leased shall be taken by any paramount public authority under the power of eminent domain, then the term of this lease shall cease as to the part so taken, from the day the possession of that part shall be required for any public purpose, and the • rent shall be paid up to that day, and from that day the Lessee shall have the ' right either to. cancel this lease and declare the same null and void or to continue in the possession of the remainder of the same under the terms herein provided, . except that the rent shall be reduced in proportion to the amount of the premises taken. All damages awarded for such taking shall belong to and be the property of the Lessor whether such damages shall be awarded as compensation for diminution in value' ta the leasehold or to the fee of the premises herein leased; provided, however, that the Lessor shall not be entitled to any portion of the award made • • to the Lessee for loss of business, or to any award made for the taking of any installations or improvements on the leased premises belonging to Lessee as provided in paragraph SIXTH of this lease: . FIFTEENTH: Lessor and Lessee agree and stipulate that the uses and improvements to be made by Lessee on the leased premises shall be of a continuing and permanent nature. The term provided for herein accordingly may be renewed and extended for a new and additional period of time as may be determined at the discretion of Lessor; provided, however, that nothing in this paragraph FIFTEENTH • • • • shall be construed as conflicting with the terms of the aforementioned grant of • tidelands by the Legislature of the State of California under which Lessor holds said lands, and provided further that.this paragraph FIFTEENTH shall be deemed separable from all other provisions of this lease. • • • . ,. - 6 - • - IN WITNESS WHEREOF, this lease has been executed by City of Chula Vista and by San Diego Gas & Electric Company by their proper officers thereunto duly authorized. CITY OF CHUTA VISTA, a municipal • - corporation, • This contract approved BY.:-� f.42 .-rrr.t`. as to- form and legality. Ain: ST / . OWAP ; 51/-4 -.A-A0V.9.6,,, Vi4// fity Attorney LESSOR . ' City of Chula Vista • • SAN DIEGO GAS & ELECTRIC C(PANY, a Calif or. - public utility corporation, . : � G: ' . �� � . .. By . 6 0(0ice President By t . Secretary . . LESSEE STATE OF CALIFORNIA ) ss. - County of San Diego ) . • ' ON THIS 31 s r day of CC7o i Pr , 19 Cs., before me, the under- . signed-,� a Notary Public in and for said County and State, personally ppeared J( ,'/Fr W. l enz e"f known to me to be the /layer , and ifeej/,eTA ''i e/,/ •• known to me to be the .City Clerk of the CITY OF CHU VISTA, the municipal corpora- tion that executed the within instrument, and known to me to be the persons who exe- cuted the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the same. WITNESS my hand and offici seal. .,: -:•-,: :' ,"-:„„. .:; • • (rePi.-1914.-z--z..-. 7e/513 . __ ' otary Public in and for said County and State. GORDON K. GRANT . 'dptt nimission expires September 22,1964. STATE OF CALIFORNIA ) ss. County of San Diego ) . ON THIS 26th day of October , 1962 , before me, the under- signed, a Notary Public in and for said County and State, personally appeared • H. A. Noble known to me to be the Sr. Vice Pres. ,. and R. C. Cavell • known to me to be the Secretary of SAN DIEGO GAS & ELECTRIC COMPANY, the corpora- . • tion that executed the within instrument, and known to me to be the persons who exe- . • cuted the within instrument on behalf of the 'corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand and official seal. � /7/7/7-y4 0. l6.i// ,7,r,-.) Notary Public in andafor said County and State. . MARY A.W1LKIN5 My Commission Expires Oct.19,199.1 — 7 - • • • •• .. EXHIBIT "A" • • Commencing at the point of intersection of the Westerly prolongation of the Southerly boundary line of the City of Chula Vista with the Pierhead Line, as shown on the U. S. Army Engineers Map of "Harbor Lines, San Diego Bay, California", File No 424+ and approved by the Secretary of the Army on July 30, 1952, said point of intersection being North 18° 21' 36" West, a distance of 0.16 feet from Station • 326 on said Pierhead Line; said point being the Southwest corner of that certain portion of the Municipal Tidelands of the City of Chula Vista,- California, leased to San Diego Gas & Electric Company, a corporation, by the City of Chula Vista, a • municipal corporation, Resolution No 1982, dated September 17, 1957 on file in the office of the City Clerk of said City of Chula Vista; said point being also a point on the Northerly line of that certain parcel of land under lease to the Western Salt Company, said lease being on file in the office of the State Lands " Commission of the State of California, File No P.R.C. 175.1; thence along said Pierhead Line North 18° 21' 36" West, a distance of 635.00 feet; thence leaving • said Pierhead Line South 71° 11.2' 26" West, a distance of 309.30 feet to the TRUE POINT OF BEGINNING of the property herein described; thence from said TRUE POINT OF BEGINNING, continuing South 71° 42' 26" West, a distance of 77+.10 feet; thence South 54+° 13' 00" West, a distance of 2,112.75 feet to the South line of that certain grant to the City of Chula Vista by the State Lands Commission, State of California, as shown on Miscellaneous Map thereof No. 1E22 filed April 24, 1962 as File No. 70+30 • in the office of the County Recorder of San Diego County, California; thence along said line South 71° 42' 27" West (record South 72° 10' 511" West per said Miscellaneous Map No 422), a distance of 1,245.75 feet; thence North 3° 50' 00" East, a distance of 3,1 .8.51 feet; thence South 69° 36' 12" East, a distance of 3,650.08 feet to the TRUE POINT OF BEGINNING. Containing 130.0 acres.