Loading...
HomeMy WebLinkAboutReso 1957-1982 -RESOLUTION ,NO.. 1982 . 4 , 'RESOLUTION. APPROVING TIDELANDS LEASE -WITH SAN DIEGO GAS AND ELECTRIC COMPANY, BE IS RESOLVED BY THE CITY COUNCIL -OF THE CITY OF . . CHULA VISTA AS FOLLOWS : • That that certain lease agreement,' a copy of which is attached hereto and made a part and parcel hereof as if set forth herein- in full, is hereby, approved, and that the mayor and the ,City Clerk of the City of Chula Vista are hereby authorized and 'directed to execute the same on behalf of said City. • . 1 • • • • • • • t • r I ♦ 1 4 a , ! •. tvt _ ✓i ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 17th Day of September, 1957 by the following vote, ;to-wit: AYES: COUNCILMEN Rader, Smith, DeGraaf, DeWolfe NAYES: COUNCILMEN None ABSENT: COUNCILMEN None rd - Zervty.r of e tyhula Vista P Ir ATTEST: ity C rk 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CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed.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 Mirk • T y, L E A S E ORIGINAL • THIS LEASE, made and entered into in triplicate this 17th day of September , 1957, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called the "Lessor," and the SAN DIEGO GAS ELECTRIC COM- PANY, a California public utility corporation, hereinafter called the "Lessee," W I T N E S S E T H: That the 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 that certain Act of the Legislature of the State of California entitled "An Act Conveying Certain Tide- lands and Lands Lying Under Inland Navigable Waters, Situate in the Bay of San Diego to the City of Chula Vista, in Further- ance of Navigation and Commerce and the Fisheries and Provid- ing for the Government, Management and Control Thereof, Re- serving Rights to the State," approved on the 8th day of May, 19S3, which said lands are more particularly described as follows, to wit: That certain area of the Tidelands of the - ' City of Chula Vista, bounded and described as follows: LUCE, FORWARD, KUNZEL& SCRIPPS `6_cl /On�1 SAN DIEGO 1,CALIFORNIA A /y N. Z- i• y {: a Y r •• Commencing at the point of intersection of the Southerly boundary line of the City of Chula Vista with the Ordinary` High ,Water Mark Line , as per sheet 6 of Miscellaneous Map No. 217, tiled. , in the office of the County Recorder of San Diego County, State of California, on September 25, 1950, and entitled "Survey of the Ordinary High Water Mark on the shore of San Diego Bay, Vicinity of Chula Vista, San Diego County, California;" the bearings used in this description in parentheses and shown as ("City of C.V.#") have been reduced to the "Old Town Basis" by rotating the bearings shown on said Miscellaneous Map No. 217, "counter- clockwise through an angle of 0° 30' 44"; the above described point of commencement lying between Stations 123 and 124 on the above mentioned Ordinary High Water Mark'line bearing North 6° 15' 03" East, a distance of 4.34 feet, (City of C.V.= North 6° 16' 30" East 4.34 feet) , from said Station '124; said point being the true point of beginning of • the property herein described; thence along the southerly boutdary of the City of Chula.;Vista, South 71° 42' 27" West, a distance of 949.58 feet (City of C.V.= South 71° 40' 10" West, 947.99 feet) to an intersection 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 intersection being North 18° 21' 36" West, a distance of 0.16, feet from Station_ 326 on said Pierhead Line; thence along said Pier- head Line North 18° 21' 36" West, 2413.08 feet; thence South 75° 21' 36" East, a distance of 1985.15 feet (City of C.V. = South '75° 21' 05" East 1984.10 feet) ; to an intersection with the Ordinary High Water Mark Line above described; said point of intersection being North 8° 03? 33" East, a dis- tance of l03.0O feet (City of C.V.-North 8° 05' 00" East, 103.00 feet) from Station 121 on said Ordinary High Water Mark Line; thence along said Ordinary Nigh Water Mark Line, South 8° 03' 33" West, a distance of 103.00 feet (City of C.V.=, . South 8° 05' 00" West, 103.00 feet) to Station 121; thence-continuing along said Ordinary High Water Mark Line South 12° 09' 33" West, a distance of 496.12 feet (City of C.V.=South 12° 11' 00" West, 496.1+., feet) to Station 1/2; thence„South 9° 31? 03" West, a distance of 717.25 feet (City of C.V.=South 9° 32' 30" West, 717.23 feet)to Station 123; thence-South 6° 15' 03" West, a distance of 197.29 feet (City of C.'V.=South 6° 16' 30" West, 197.28 feet) to the true point of beginning,.,con- taining 60.31 acres. the foregoing described property being composed of two parcels - 2 - • of land which are described as follows, to wit: $ARCEL A: Commencing at the point of intersection of the . Southerly boundary line of the City of Chula Vista With the Ordinary High Water Mark Line as per _sheet 6 of Miscellaneous_ Map No. 217, filed in the office of the County Recorder of San Diego County, State of California, on September 25, 1950, and entitled "Survey of the Ordinary High Water Mark on the Shore of San Diego Bay, Vicinity of Chula Vista, ' San Diego County, California;" the bearings used in this description in parentheses and shown as ("City of C.V..=") have been reduced to the "Old Town Basis?? by rotating the bearings shown on said Miscellaneous Map No. 217; counterclockwise through an angle of 0° 30' 44"; the above described point of commencement lying between Stations 123 and 124 on the above mentioned Ordinary High Water Mark Line bearing North 60 .15? 03" East, a distance of 4.34 feet (City of C.V.-North 6° 16? .30" East, 4.34 feet) from said 'Station 14; thence_North 6° 15? or East, along the above described Ordinary High Water Mark. Line, a distance of 121.07 feet (City .of .C.V.=North 6° 16? 80" East, 124.80 feet) to a point of intersection with the Bulkhead 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, July 30, 1952; said point of intersection being the true point of beginning of the property herein described; thence from said true point of beginning North 6° 15? 30" East, along the above described Ordinary High Water Mark. Line, a distance of 76.22 feet (City of C.V.=North 6° 16? 30" East, 72.48 feet) to Station 123; thence continuing along said Ordi- nary High Water Mark Line, North 90 31' 03" East, a distance ,of 717.25 feet (City of C.V.-North 9° 32? 30" East, .717.23 feet) to Station 122; thence North 12° 09? 33" East, a, distance of 496.12 feet (City of C.V.=North `12° il? 00" East, 496.11 feet) to Station 121; thence North 8° 03' 33" East, a distance of 103.00 feet (Citg of C.V.=North 8° 05? 00" East, 103.00 feet) ; thence leaving said Ordinary High Water Mark Line North 75° 21' 36" West, a dis- tance _of 792.79 feet (City of C.V.=North 75° 21? 05" West, 791.60 feet) to an intersection with the above mentioned Bulkhead Line; thence South 18° 21' 36" East, along said Bulkhead Line, a distance of 1654.72 feet (City of C.V.=South 186 21? 36" East, 1650.49 feet) to the true poihtof beginning; containing 12.42 acres. PARCEL B: Commencing at the point of intersection of the - 3 - Southerly boundary line of the 'City of Chula Vista with the Ordinary High Water Mark Line as per sheet 6 of Miscellaneous Map No. 217, filed in the office of the County Recorder of San Diego County, State of California, ,on September 25, 1950, and entitled "Survey of the Ordinary High Water Mark on the shore of San Diego Bay, Vicinity of Chula Vista, San Diego County, .California;" the bearings used in this .de- scription in parentheses and shown as ("City of C.V. =") have been..reduced to the "Old Town ,Basis" by rotating the bearings shown on. said Miscellaneous Map No. 217, counterclockwise through an angle of 0° 301 44"; the above described point of commence- ment lying between 'Station 123 and 124 on the above mentioned Ordinary High Water Mark Line bearing North 6° 151 03" 'East, a distance of 4.34 feet (City of C.V.=North 6° 161 30" East, 4.34 feet) from said Station 124; said point being the true point of beginning of the property herein described; thence along the southerly boundary of the City of Chula Vista, South 71° 421 27" West, a distance of 949.58 feet (City of C.V.-7South _71° 401 10" West, 947.99 feet)' to an intersection with the Pierhead Line; as shown on the' D;' S. Army Engineers Map of "Harbor Lines, San Diego say, California," file ho. 424 and approved by the Secretary of the Army on July 30, 1952, •said intersection being North 18° 211 36" West, a distance of 0.16 feet from Station 326 on, said Pierhead Line; thence along said Pier- head Line North 18° 211 36" West, 2413.08 feet; ,thence leaving said Pierhead Line South 750 211 36" East, a distance of 1192.36 feet (City of C,V.= South 75° 211 05" East, 1192.50 feet) to an inter- section with..the_Bulkhead Line as shown on above described U. S.' Army Engineers Map; thence South 18° 211 36" East, along said Bulkhead Line, a dis- tance of 1654.72 feet (City of C.V.=South 18° 211 36" East, 1650.50 feet) to a point of intersection ` with the above described Ordinary' High Water Mark Line; said point of intersection lying South 6° ' 151 03" West, a distance `of 76.22 feet (City of C.V.=South 6° 161 30" West, 72.48 feet) from, Station 123 on said Ordinary High Water Mark Line; thence South 6° 154 03" West along .said Ordinary High Water' Mark Line, a distance of 121.07 feet (City _of C.V.=South 6° 161 30" West, 124.80 feet) to the true point of beginning, containing 47.89 . acres. 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 twenty- , . I _ five (25) years, commencing on the 1st day of September , 1957, 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 , 1957, and shall not terminate upon the 31st day of August '21 , 1982, unless herein otherwise provided. SECOND: As and for the rental, Lessee agrees to pay to Lessor the sum of sixteen hundred Dollars ($ 1600.00 ) per year, payable in advance on or before the lst i day of September of each and every year dur- ing 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 (that is, on the 1st day of July , 1962) and once every five years thereafter during the continu- ance 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 major- - 5 7 ity 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 arbi- trators shall take into consideration the character of the property rented, its location and the then general rental values of tideland properties in, or held in trust by, the City of Chula Vista similarly 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 for 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 the said tidelands are held from the State of California, and Lessor agrees that Lessee may fill, dredge or otherwise alter the character, topography or ele- vation of said lands for such purposes, and otherwise improve said premises. 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 ,without the consent of the Lessor first had and ob- tained and upon such terms and conditions as may be estab- lished by said Lessor; except that Lessee may sublet a - 6 a portion of said premises for uses incidental or ancillary to the uses provided 'for in paragraph THIRD hereof. Any such purported assignment, sublease or permission to occupy made or given without such consent shall be void for. all purposes. FIFTH: It is understood and agreed by and between the parties hereto that any additions or improve- ments 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 'r`emoved, shall become the property of the Lessor without cost or expense to it. SIXTH: Lessee agrees to pay before delinquency all taxes and assessments assessed or levied upon +; the Lessee or the leased premises by reason of any machines, appliances or other 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 con- nection 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. _ 7 - �k SEVENTH: Lessee agrees that the Lessor shall not • be responsible for damages to property or injuries or death to persons which may arise from or be incident to the use and occupation of the premises by Lessee, or any defect in the premises, and Lessee shall save and hold Lessor harmless of and from any and all claims that may arise out of or be attributable to any such damages or in- juries, except to the extent that such damages or injuries arise out of or are attributable, in whole or in substantial part, to the acts or omissions of Lessor, its agents, servants, employees, contractors or successors in estate, other than Lessee. Lessee further agrees that it shall save Lessor free and harmless from, and indemnify it against, all claims for ' labor or materials arising out of Lessee's Improvement, main- tenance or repair of said premises, together with the costs and expenses of defending such claims, including reasonable attorney's fees. EIGHTH: " 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, :s ubject 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 there- of, and to allow the Lessor to take peaceable possession thereof. NINTH: It is mutually agreed that in the event { 4 1 - 8 - sr the Lessee commences a proceeding under Chapter XI of the Federal Bankruptcy Act, or is adjudicated bankrupt or insolvent or makes any judicial sale of the. Lessee's int- erest 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. TENTH: 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 lawfal; 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. . ELEVENTH: It is mutually agreed that if any de- fault be made in the payment of the rental herein provided or in the fulfillment of the terms and conditions hereof, this lease shall immediately terminate and Lessee shall have no further rights thereunder and shall immediately remove from said premises, and the Lessor shall immediately thereupon without recourse to the courts have the right to re-enter and take possession of said preriiises. TWELFTH: 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, 1 to the attention of its Lai d Division, Engineering Depart- ment, 861 Sixth Avenue, S liyiego, California, deposited in the United States mail cm may be served personally upon t 9 4 • 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 registered letter addressed to 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. THIRTEENTH: 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 iii he possession of the remainder of the same under the termserein provided, except that the rent shall be•reduce1 in' proportion ,to the amount of the premises taken. All damages awarded for such taking shall belong to and be the kroperty of the Lessor whether such damages shall be awarded as compensation for diminution in value to, the leasehold or to the fee of the premises herein ' leased; provided, however, that the Lessor shall not be en- titled 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 FIFTH of this lease. - 10 - 4 FOURTEENTH: "Lessor and Lessee agree and stipulate that the uses and ikprovements 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 re- newed 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 FOURTEENTH shall be construed as conflicting:with the terms of the aforementioned grant of tidelands by the Legislature of the State of Calif- ornia under which Lessor, holds said lands, and provided further that this paragraph FOURTEENTH shall be deemed separable from all other provisions of this lease. IN WITNESS; WHEREOF, this lease has been executed the City of Chu3�a Vista and by the San Diego Gas � Electric Company by their P er officers thereunto duly authorized. P 1 + � CITY'©F CHULA VISTA, a municipal ' corporation/, • . 4 1 fit Al 1 9 1 i , '.ker--. 44,u . :, . 1 TEST: :. Iii 6- ) i4 7,,ESOR �,.' t • C AN DIEGO 'GAS Ef,ECTRC COMPAIorat`tion, �' alifornia public utility pore a • $ c e ,r_ • ex� N.�r *'y R /'A., 'ate, �, `a ^'-1- 4' ' .•r , ' Aftde...4.. .. 4 ,;7,,t -.V 1* r + v= -,e —4, b4-.N..„ , ,:, , ,, ,-3), .11N .:,,,, .. 4. .„,q6,.. i A ,..,, 1F a` .- 11