HomeMy WebLinkAboutReso 1982-10863
RESOLUTION NO. 10863
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BE'IWEEN THE CI'rY OF CHULA
VISTA AND SAN DIEGO GAS & ELECTRIC FOR THE CITY TO USE
SDG&E'S EASEMENT IN THE RIENSTRA SPORTS COMPLEX FOR A
PARKING LOT
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the Ci ty of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE I T RESOLVED by the Ci ty Council of the
Ci ty of Chula Vista that that certain agreement between THE CITY
OF CHULA VISTA, a municipal corporation, and SAN DIEGO GAS & ELECTRIC
COMPANY for the City to use SDG&E's easement in the Rienstra Sports
Complex for a parking lot
dated the 11th day of May , 19~, 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 the City of Chula
Vista.
Presented by
Approved as to form by
.~~~
George D. Lindberg, City
ADOPTED AND APPROVED
CHULA VISTA, CALIFORNIA, this
198 2 , by the following vote,
by the CITY COUNCIL of
11 th day of May
to-wi t:
the CITY OF
AYES: Councilmen
Gi11ow, Moore, McCand1iss, Scott, Cox
NAYES: Councilmen
None
ABSENT: Councilmen
None
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, , City Clerk of
the City of Chula Vista, California, DO HEREBY CERTIFY that the
above is a full, true and correct copy of Resolution No.
and that the same has not been amended or repealed. DATED--
City Clerk
Form No. 342
Rev. 7/81
1ST A~ffiNDMENT TO LICENSE
THIS 1ST AMEND~ffiNT TO LICENSE is made and entered into this
1st day of MAY ,1988, by and between SAN DIEGO GAS &
ELECTRIC COMPANY, a corporation, hereinafter called "LICENSOR",
and the CITY OF CHULA VISTA, hereinafter called "LICENSEE".
WHEREAS, Licensor and Licensee entered into a License dated
May 11, 1982 ("License"); and
WHEREAS, Licensee and Licensor desire to amend the original
License by extending the term for two (2) additional years.
NOW THEREFORE, it is mutually agreed that the License is
amended as follows:
1. The term of the License is extended for two (2) years
beginning May 1, 1987 and ending April 30, 1989.
2. As rental for the above extension Licensee agrees to pay
Licensor the sum of $10.00 per year, payable in advance
on the first day of May each and every year commencing
May 1,1987.
3. TAXES: As additional consideration for this License,
Licensee shall pay to Licensor within ten (10) days of
demand a sum of money equal to all taxes, which, during
the License term, are levied or assessed against the
Licensed Premises. Licensee shall also pay all taxes
levied against the Improvements and Personal Property
placed or constructed on the Licenseu Premises by Licensee.
4. Except as expressly amended herein the License remains
unchanged and in full force and effect.
800229
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IN WITNESS WHEREOF, the parties hereto have caused this
1ST AMENDMENT TO LICENSE to be executed by their authorized cor-
porate officers as of the day and the year first above written.
SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation
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CITY OF CHULA VISTA,
a municipal corporation
By, G,edno,{~;?
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VEHICULAR PARKING LICENSE
THIS LICENSE, made and entered into as of this
11th day of May , 19.J1.L, by and
between SAN DIEGO GAS & ELECTRIC COMPANY, a California
corporation, hereinafter called "LICENSOR," and CITY OF
CHULA VISTA, hereinafter called "LICENSEE."
IN CONSIDERATION of the payment by Licensee and
performance of the conditions and covenants herein contained,
Licensor hereby licenses the following property to Licensee,
and Licensee hereby accepts the sw~e from Licensor, and
agrees as follows:
1. Licensed Premises: Licensor licenses to
Licensee that certain real property, hereinafter called
"Licensed Premises," located in the County of San Diego,
state of California, as shown on Exhibit A attached hereto
and by reference made a part hereof.
2. Standard License Provisions: In addition to
the terms set forth in this License, Licensee agrees to
comply with and be bound by the Standard License provisions
set forth in Exhibit B attached hereto and by reference made
a part hereof.
3. Term of License: This License is for a term
of five (5) years commencing on May 1, 1982, and terminating
at midnight on April 30, 1987, unless sooner terminated as
herein provided.
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4. License Payment: In payment for the License
herein granted, Licensee agrees to pay to Licensor the total
sum of $1.00 per year, payable annually, in advance,
commencing May 1, 1982, and thereafter on or before the first
day of each succeeding year throughout the term of this
License, including any renewals.
5. Rene\val: Licensor grants to Licensee an
option to renew this License for one additional five (5) year
period(s) after the expiration of the original term hereof,
by giving written notice to Licensor at least ninety (90)
days prior to the expiration of this License or any renewal
thereof. Such renewal shall be on such terQS and conditions
as are mutually agreed upon by Licensor and Licensee at the
time the option is exercised.
6. Use of Premises: The Licensed Premises shall
be used by Licensee for Vehicular Parking purposes only.
7. Surfacing: As partial consideration for this
License, Licensee agrees at its own expense (a) to pave the
surface of the area to be used for the parking of vehicles,
if required by Licensor, to Licensor's specifications; (b) to
maintain the paving in good condition, reasonable wear and
tear excepted, during the term of this License, including any
renewals; (c) to paint, stripe, or provide barricades so as
to promote safety and the orderly flow and parking of
,
vehicles in said lot; (d) to construct and maintain fences as
required by Licensor to Licensor's specifications; and (e) to
submit in writing for Licensor's approval prior to
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construction a general plan showing proposed parking, widths,
obstructions and improvements.
8. Cancellation: Licensor or Licensee may
terminate this License for any reason, at any time, without
cause, by giving either party sixty (60) days' written notice
as provided herein.
9. Notices: Pursuant to Paragraph III of
Exhibit B, notices to be giv~n to Licensee shall be addressed
as follows:
Director, Parks & Recreation Department
City of Chula vista
P. O. Box 1087
Chula Vista, CA 92012
10. Taxes: Licensee shall pay to Licensor within
ten (10) days of demand a sum of money equal to all taxes,
which, during the License Term, are levied or assessed
against the Licensed Premises. Licensee shall also pay all
taxes levied against improvements and personal property
placed or constructed on the Licensed Premises by Licensee.
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Licensee shall not be responsible for taxes levied against
improvements and personal property placed or constructed on
the Licensed Premises by Licensor.
IN WITNESS elliEREOF, the parties have executed this
License as of the above date first written.
LICENSOR:
SAN DIEGO GAS &
a cal(~ni~ ,c
By .>::-
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Cor1P ANY
LICENSEE:
CITY O~
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SAN 01 EGO GAS & ELECTRIC DRAWN BY I 01( TO INS~AlI
SAN DIEGO, CALIFORNIA OAlF Q _ o. R,W 01(
VEHICULAR PARkiNG LOT SCAlE ", ':i '
APP"DBY
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EXHIBIT "A"
ACTION.
THOS.BROS
DRAWING NO:
CDORDlNATES
1.
II.
III.
IV.
V.
VI.
VII.
VI I I.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII .
XVII I.
XIX.
XX.
XXI.
XXII .
XXI II.
XXIV.
XXV.
XXVI.
'I .
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Exhibit "B"
standard License provisions
INDEX
Description
Page
Payment Review 1
Additional Payment Review 1
Notices 2
Delivery of Possession 2
General Restrictions 2
Licensee Facilities 2
Alterations 3
Compliance with Law 3
Assignment 3
Waiver 4
Assumption of Risk 4
Indemnification 4
Public Liability Insurance 4
Holding Over 5
Obstructions 5
Subordination to Title of Licensor 5
Attorney's Fees 5
Condemnation 6
Breach of Conditions 6
Time of Essence 6
Restoration and Growing Crops or Tree Stock 6
General Order 69-B 7
Successors 7
Default 7
Bankruptcy 7
Payment of Service utilities 8
Exhibit "B"
standard License Provisions
San Diego Gas & Electric, Licensor
I. Payment Review: As provided in the License the
annual base rent shall be increased based on the following
formula:
The amount of payment payable will be computed by
using the Consumer Price Index Number covering the
cost of "all items" of goods and services purchased
by all urban consumers in Los Angeles, Long Beach,
Anaheim, California, published by the United States
Department of Labor, using the period 1967 = 100 as
the base period. The annual payment for each
period subsequent to the initial period of the
License shall be computed by dividing the annual
base payment provided for in the License by the
Index Number for the first month of the initial
year of the License. The amount derived is then
multiplied by the average Index Number for the
third and fourth months immediately preceding the
initial month of each subsequent period of the
License to determine the annual payment.
Notwithstanding the above, the payment shall not be
reduced below the level paid during the first
period of the term.
II. Additional Payment Review: As provided in the
License in addition to the payment review in Paragraph I
above, the base payment shall be increased based on the
following formula:
The base payment shall be adjusted to the greater
of the following: (1) the base payment as
calculated in Paragraph I above, or (2) an amount
equal to 10% of 50% of the fair markt value of the
Licensor premises as assessed by the California
State Board of Equalization in the year such
increase is to occur. In no event shall the
monthly payment decrease from the monthly payment
paid in the previous period.
III. Notices: Notices to be given under the
license shall be deemed given when placed by either party ln
the united States mail, postage prepaid, certified, and
addressed to the Licensee at the address in the License and
to Licensor:
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San Diego Gas & Electric Company
Attention: Manager
Engineering Land Department
P.O. Box 1831
San Diego, CA 92112
IV. Delivery of Possession: If for any reason
Licensor is unable to deliver fossession of the Licensed
Premises to Licensee at the commencement of this License,
this License shall not be cancelled, and Licensor shall not
be liable to Licensee for any loss or damage resulting
therefrom, but there shall be a proportionate reduction in
rent until Licensor can deliver possession. However, the
term of this License shall not be extended by such delay.
V. General Restrictions: No trailers or house
trailers shall be parked rn or on the Licensed Premises. No
storage parking shall be allowed on the Licensed Premises
unless specifically allowed elsewhere in this License.
Licensee shall not live or reside on and shall not permit
anyone, including its agents, servants, employees,
contractors or any third person whatsoever, to live or reside
on the Licensed Premises. Licensee shall (1) at all times
keep the Licensed Premises clean, and free from rubbish,
public nuisances, weeds, brush, flammable materials, growth,
debris, and waste, and in a condition satisfactory to
Licensor and (2) shall guard against erosion or fires
occurring upon the Licensed Premises.
VI. Licensor's Facilities: Licensee's use of the
Licensed Premises shall not interfere or conflict with
Licensor's use and ownership of the Licensed Premises, and
Licensor shall at all times have the right to enter and use
the Licensed Premises for installation and maintenance of
facilities and equipment at such locations and at such
elevations as Licensor mayor in the future deem advisable.
Licensee accepts the Licensed Premises subject to the
foregoing and agrees that Licensor shall not be responsible
or liable for any injury to or destruction of any property of
Licensee or others using the Licensed Premises caused by the
installation, maintenance or repair of Licensor's facilities
whether on the Licensed Premises or otherwise. Licensor
shall have the right to trim any trees, brush, or roots on
the Licensed Premises when necessary for the safety of its
facilities.
VII. Alterations: Licensee shall not make or
allow to be made any alterations of the Licensed Premises,
including those provided for herein, until prior written
consent for specific plans is obtained from Licensor which
consent will not be unreasonably withheld. Licensee shall
keep the Licensed Premises free from any liens arising out of
any work performed, material furnished, or obligations
incurred by Licensee, or arising out of any taxes or
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assessments levied or assessed upon Licensee or the Licensed
Premises by reason of the use of, or anything done or
permitted by Licensee upon such permises. Licensee shall
obtain appropriate permits prior to beginning any
alterations.
VIII. Compliance with Law: Licensee shall comply
with all laws, ordinances, codes, zoning ordinances, and
regulations of any Federal, state, local or other public body
or agency exercising jurisdiction over the Licensed Premises.
Licensee shall maintain the Licensed Premises and any
improvements according to zoning, environmental and other
standards, including, but not limited to, water, air and
noise standards, set by such bodies or agencies. In the
event Licensee fails to maintain the Licensed Premises and
any improvements according to such standards, Licensor may,
after giving thirty (30) days notice of such failure to
Licensee, enter upon the Licened Premises and do any acts
necessary to bring the Licensed Premises and improvements
into compliance with such standards. Licensee agrees to
repay Licensor for all costs, including but not limited to
consulting, engineering, construction and legal costs,
incurred by Licensor, in abating a violation of such
standards, protecting against a threatened violation of such
standards and paying any fine or assessment levied as a
result of violation of such standards. Licensee shall
further indemnify and hold harmless Licensor from any claim,
loss, damage or injury, including any fines or penalties
assessed by any agency, body or court, resulting from any
violation of such standards in connection with Licensee's use
of the Licensed Premises and improvements, whether such
claim, loss, damage or injury arises in whole or in part from
the negligence of Licensee. Licensee shall, at its cost,
undertake to respond to all such claims.
IX. Assignment: Licensee shall not assign the
whole or any part of this License or any interest therein nor
permit occupancy of the Licensed Premises by anyone other
than Licensee without first obtaining the written consent of
Licensor, and then only upon such terms and conditions as may
be acceptable to Licensor in its sole judgment and
discretion. As consideration for approval of any assignment,
or permission to occupy, Licensor shall at its option have
the right to require payment of additional payment and/or to
receive a percentage of any payment to be received by
Licensee for such assignment, or permission to occupy. Any
purported assignment, or permission to occupy made or given
by Licensee without Licensor's consent shall be void for all
purposes.
X. Waiver: The provisions of the second paragraph
of Subdividion 2 of Section 1161 of the code of Civil
Procedure of the State of California shall ~ot apply to or
bind either party hereto; and any possession or holding over
.f- /c163
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after the expiration of the express term of this License
provided for herein shall not confer upon Licensee any
additional rights in Licensed Premises or any right to remain
in possession of Licensed Premises after the expiration of
said term unless otherwise provided herein.
XI. Assumption of Risk: Licensee acknowledges and
expressly agrees that there arc or may be high voltage lines,
towers, poles, underground electric ducts, cables, wires, and
high pressure gas or oil pipelines, valves and facilities,
situated on, in, or near the Licensed Premises which are used
by Licensor in its regular course of business. Licensee for
itself, its agents, employees, independent contractors,
invitees, Licensees, permittees, and the agents and employees
of each hereby assumes all risks, including those of an
extra-hazardous nature, of injury to persons and damage to
property arising out of the use of the Licensed Premises.
Licensee for itself and for each of the above described
persons hereby waives and releases Licensor from all
liability as set forth above.
If agricultural or horticultural use is being made
of the Licensed Premises, Licensee further agrees to
periodically warn and remind all of the above described
persons, at least on a weekly basis during picking or
harvesting, or such risk. Licensee also agrees to adopt any
existing work methods or procedures and to use any existing
equipment which will measureably reduce the amount of such
risk.
XII. Indemnification: Licensee agrees to
indemnify and hold Licensor, its officers, employees, agents
or licensees harmless from and against any and all demands,
claims, suits, costs of defense, attorneys' fees, witness
fees, including expert witness fees, liability, loss, costs,
obligations or other expenses for damage to property of for
injury to or death of any persons in any arising from (i)
Licensee's use, maintenance, presence on or occupation of the
Licensed Premises, (ii) the presence of Licensee's facilities
upon the Licensed Premises, or (iii) any act or omission of
Licensee, its employees, agents or licensees, or of any
employees, agents or licensees of its contractors,
subcontractors or independent contractors.
XIII. Public Liability Insurance: Licensee shall,
at its own expense secure and ma~ntain in effect during the
entire term of this License public liability insurance to
protect Licensor and Licensee against claims or liabilities
for bodily injury, including death and property damage, in
any way arising out of the ownership, maintenance or use of
the Licensed Premises. Such public liability insurance shall
be written with a combined single limit of not less than
$500,000 each occurrence for bodily injury and property
damage. Licensee agrees, at request of Licensor, to increase
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the limits of this public liability insurance to meet the
limits then required by Licensor for similar Licenses of this
type. Such insurance shall name Licensor as an additional
insured and shall provide for at least 30 days' written
notice to Licensor prior to any cancellation or reduction In
coverage. A certificate of insurance evidencing the
foregoing shall be furnished Licensor prior to any use of the
Licensed Premises by Licensee. The provisions of this
paragraph shall not in any way limit any of Licensee's other
obligations or liabilities under this License.
XIV. Holding Over: Any holding over after
expiration of License or any renewal thereof shall be a
tenancy from month to month at a payment rate equal to one
hundred and ten percent (110%) of that in effect immediately
prior to such expiration on the terms and conditions of the
License.
XV. Obstructions: Licensee shall not place,
install, maintain, or allow any combustables' materials,
buildings, structures, or other improvements upon the
Licensed Premises and shall not cause or allow the surface
elevation therein to be changed in any way whatsoever without
the written consent of Licensor.
XVI. Subordination to Title of Licensor: Licensee
shall hold the Licensed PremIses as a tenant, and hereby
convenants, agrees, and binds itself, its successors and
assigns to hold the land in subordination to Licensor's title
and to deliver peaceable and quiet possession of the Premises
to Licensor free from claims and liabilities at the
expiration of this License or any extension thereof. Neither
the continued possession of Licensee without paying rent, nor
any other act or acts, whether authorized or unauthorized,
shall be construed or considered as an adverse claim to the
title of Licensor to the lands, unless the same shall have
been preceded by the service of a written notice on Licensor
of an intention to claim adversely to Licensor by such act or
acts, nor shall such act or acts be construed as an extension
of this License.
XVII. Attorneys' Fees: If either party hereto
commences any legal action or proceeding, against the other
by reason of the alleged failure of the other to perform
under this License the party prevailing in said action or
proceeding shall be entitled to recover, in addition to court
costs, a reasonable attorney's fee to be fixed by the court.
Such recovery shall include court costs and attorney's fees
on appeal if any. As used herein, "the party prevailing"
means the party in whose favor final judgment is rendered.
XVIII. Condemnation: If the whole or any part of
the Licensed Premises shall be taken by ar.:' public or
quasi-public authority under the power of emIllellt domain,
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this License shall cease as to that part so taken from the
day possession of that part shall be required for any public
purpose, and payment shall be paid only to that day. On or
before that day Licensee shall elect in writing either to
cancel this License or to continue in possession of the
remainder of the Licensed Premises under the terms herein
provided. If Licensee elects to continue in possession of
the remainder, the payment shal~ be reduced in proportion to
the taking. All damages awarded for such taking shall belong
to and be the property of Licensor whether such damages be
awarded as compensation for diminution in value of the
licensehold or to the fee of the premises; provided, however,
in the event Licensee should not be allowed to remove any
fixtures or other personal property as provided by the terms
of this License, then Licensee shall receive that portion of
the award, paid to Licensor which shall represent the value
of Licensee's property so retained.
XIX. Breach of Conditions: Licensor's waiver of
anyone or more of the covenants, conditions, or agreements
of this License shall not be construed to be a waiver of any
subsequent or other breach of the same or any other
convenant, conditions, or agreement of this License.
Licensor's failure to require or exact full complete
compliance with any of the covenants, conditions, or
agreements of this License shall not be construed as changing
the terms hereof, and such failure shall not estop Licensor
from enforcing the full provisions hereof. The terms of this
License shall be amended only by written agreement between
Licensor and Licensee.
xx. Time of the Essence:
that time is of the essence of each
provisions of this License.
It is mutually agreed
and all of the terms and
XXI. Restoration and Growinq Crops or Tree stock:
Upon expiration or terminatlon of this License, Llcensee
agrees to surrender the Licensed Premises in good condition.
And, at Licensor's request, to remove all improvements made
by Licensee at no cost to Licensor. If, however, at the
expiration or termination of this License or any renewal
thereof, there are growing crops or tree stock on Licensed
Premises in which Licensee has an interest, Licensee shall
nonetheless quit the Licensed Premises and Licensor shall
have the right to do with or dispose of said crops or stocks
as Licensor sees fit without compensation, renumeration or
liability to Licensee on account thereof. However, in the
event that said crops or stock will mature within one month
after the date of expiration of this License, and if during
the term hereof Licensee shall have requested renewal of this
License as herein provided, which renewal was denied by
Licensor, Licensor shall extend the term of this License for
forty (40) days from the date of said expi~ation for
additional payment based on the payment in eIlect at such
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time. Licensor shall thereafter have no liability for any
loss or damage of Licensee in respect of said crop.
XXII. General Order 69-B: Notwithstanding any
other provlslons to the contrary, this License is expressly
conditioned upon the right of Licensor to commence or resume
the use of the property whenever in the interest of its
service to its patrons or cons~mers it shall-appear necessary
or desirable to do so, as provided by General Order 69-B or
any revision thereof or amendment thereto, of the Public
utilities commission of the state of California.
XXIII. Successors: This License shall inure to
the benefit of and be binding upon the parties, their
respective heirs, executors, successors, and assigns, and all
covenants, conditions, and provision herein shall extend to
and bind any and all successors and assigns of sublicensees
of this License.
XXIV. Default: In the event of default by
Licensee in the performance of any of the covenants,
conditions, or agreements hereof if such default is not cured
within ten (10) days after written notice thereof, Licensor
shall have the option of terminating this License
immediately. In the event of such termination, Licensee
shall have no further rights hereunder and Licensee shall
promptly surrender Licensed Premises and shall have no
further right or claim thereto, and Licensor may reenter and
take possession of the Licensed Premises. Thereafter, all
improvements made thereto and all moneys previously paid by
Licensee to Licensor shall be forfeited as liquidated
damages, without prejudice to any remedy of Licensor.
XXV. Bankruptcy: Should Licensee be adjudicated
bankrupt or insolvent, make any assignment for the benefit of
creditors, or should a judicial sale be made of Licensee's
interest under this License, this License shall, at the
option of Licensor, immediately terminate and all rights of
Licensee hereunder shall cease and terminate; unless the
cause of said bankruptcy, insolvency, assignment or judicial
sale is removed within thirty (30) days from the date
thereof.
XXVI. Payment of Service utilities: Licensee
shall pay for all utllities furnished to the Licensed
Premises during the term of this License or any renewal
thereof, including but not limited to electricity, gas, water
and telephone service.
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