HomeMy WebLinkAboutReso 2020-222RESOLUTION NO. 2020-222
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A GRANT OF EASEMENTS,
LICENSE, AND MAINTENANCE AGREEMENT TEMPLATE
BETWEEN THE CITY OF CHULA VISTA AND PROPERTY
OWNERS IN THE CITY OF CHULA VISTA
WHEREAS, during the land development process, City staff processes Grant of
Easements, License, and Maintenance Agreements (“GELMA(s)” or “Agreement(s)”) with the
property Owner(s)(“Owner”), to grant certain non-exclusive easements and rights-of-way across
public rights-of-way (“ROW”) and City-owned property (“Public Areas”) to private property
owners to maintain, repair, and replace certain public improvements including but not limited to
landscaping, bioretention and biofiltration basins, street trees, decorative lighting, benches, and
other improvements located within the Public Areas; and
WHEREAS, in accordance with the Agreement, the property owners agree, at their sole
cost and expense, to maintain, repair, and replace, or cause to be maintained, repaired, and
replaced, those public improvements within the Public Areas at a level equal to or better than the
level of maintenance which is acceptable to the Director of Public Works; and
WHEREAS, in accordance with the Agreement, the property owners are permitted to
assign their obligations under the Agreement to a homeowner’s association or other entity subject
to approval by the City; and
WHEREAS, the Agreement requires the property owners to maintain insurance and
indemnify the City in order to protect the interests of the City; and
WHEREAS, City staff recommends that the City Council approve the GELMA template,
presented as Attachment 1 to the accompanying Agenda Statement, which is incorporated herein
by this reference, and authorize the City Engineer, or designee, to approve and execute future
GELMAs to ensure adequate maintenance of the public improvements within Public Areas.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it hereby approves the Grant of Easements, License, and Maintenance Agreement template,
in the form presented, and authorizes the City Engineer, or designee, to approve and execute future
GELMAs on behalf of the City, in a form approved by the City Attorney, copies of which shall be
kept on file in the Office of the City Clerk.
DocuSign Envelope ID: F53EF22E-9F21-4080-B232-B9B79EF55D56
Resolution No. 2020-222
Page No. 2
Presented by Approved as to form by
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of October 2020 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2020-222 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 6th day of October 2020.
Executed this 6th day of October 2020.
Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: F53EF22E-9F21-4080-B232-B9B79EF55D56