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HomeMy WebLinkAboutReso 1979-9543l8a RESOLUTION NO. 9543 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT 6°JITH DGMP1, A COPARTNERSHIP, FOR A TEMPORARY EASEMENT FOR A PORTION OF TIDELANDS AVENUE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista has heretofore by Resolution No. 9413, approved on December 14, 1978, authorized the commencement of condemnation proceedings to acquire a temporary right of way for Tidelands Avenue on certain property owned by DGMN, a copartnership, and WHEREAS, the Redevelopment Agency of the City of Chula Vista has heretofore by Resolution No. 155, approved on Decem- ber 28, 1978, appropriated the sum of $20,000 from the Bayfront Bond Fund for the acquisition of said temporary easement, and WHEREAS, the attached agreement for the use of said portion of Tidelands Avenue has been approved by DGMN, a copart- nership. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain lease agreement by and between the City of Chula Vista, a municipal corporation, and DGMN, a copartnership, dated the 27th day of March 1979, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, be, and the same is hereby approved and the Mayor is authorized to execute the same. Presented and Approved as to form by ,e4'~- ~, G' ~ ~ ~'~/ George D, indberg, City Attorney ~~~- x ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this ~~rh day of March 197.2_, by the following vote, to-wit: AYES: Councilmen Gillow, Cox, Egdahl, Hyde NAYES~ Councilmen scott ABSTAIN: Councilmen None ABSENT: Councilmen None ~G.~G- ~~~1- Mayor of the City of Chula Vista ~~'~ (~ ATTEST`;" City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s . CITY OF CHULA VISTA ) I, JENNIE M. FULAS2, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of ,and that the same has not been amended or repealed. DATED (seal ) City Clerk CC-660 ~'~ ~3 LEASE AGREEMENT BY AND BETTr4EEN THE CITY OF CHULA VISTA AND DGMN FOR A FIVE YEAR LEASE FOR A PORTION OF TIDELANDS AVENUE THIS LEASE AGREEMENT is made the 27th day by and between the CITY OF CHULA VISTA, a mu icni pal inafter referred to as "City" or "Lessee" and DGMN, doing business as Marina Motor Hotel, consisting of Gelardi, and Nina Mirabile, 645 Third Avenue, San D 92101, hereinafter referred to as "Lessor"; W I T N E S S E T H of March , 1979, corporation, here- a copartnership, Leo Dia, Charles iego, California WHEREAS, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor that certain property designated as a portion of Tidelands Avenue more particularly described in Exhibits A and B, attached hereto and incorporated herein by reference as if set forth in full, and WHEREAS, the parties hereto agree that said leasehold is upon and subject to the terms, covenants and conditions herein set forth and Lessee covenants as a material part of the consideration of this lease each and all of said terms, covenants, conditions and that this lease is made upon condition of such performance. 1. TERM: The term of this lease shall be for a period of five (5) years commencing on the 19th day of October, 1978 and terminating on the 18th day of October, 1983 unless said term as hereby demised shall be terminated pursuant to the provisions as set forth herein. 2. RENT: Lessee hereby agrees to pay to Lessor as the annual basic rent for said portion of Tidelands Avenue the sum of FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) per year due and payable the 19th day of October, provided, further, that the sum of EIGHT THOUSAND DOLLARS AND NO CENTS ($8,000.00) covering the initial two years of said five-year term shall be paid upon the execution of this lease agreement and subsequent lease payments shall commence on or before the 19th day of October, 1980. Lessee further agrees to pay said sum in the total amount of TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) during the five-year term of this lease. Lessor shall reimburse to Lessee the pro rata share of any annual payment based upon the leasehold time remaining should this lease agreement be terminated prior to the termination date of October 18, 1983 in accordance with the terms and conditions set forth herein. Lessee further agrees to install along the westerly side of said Tidelands Avenue an asphaltic berm for the entire length of that portion of Tidelands Avenue demised herein to Lessee, including the necessary turning radius at the F Street terminus and on either side of the entry to the motel property owned and operated by Lessor. Lessee additionally agrees to extend to the westerly portion of said right of way of Tidelands Avenue those fences heretofore erected by Lessee. 3. USE: Lessor does hereby grant to Lessee the use of said ease- ment and right of way for the right to construct, maintain, operate, replace or remove a street for the use of the public together with -1- ~s~~ the right to enter upon, pass and repass over and along said ease- ment and right of way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees en- gaged by said City whenever and wherever necessary for said purposes. 4. INDEMNIFICATION: It is fully understood and agreed by the parties hereto that Lessee shall indemnify and hold Lessor harmless against all claims for damage or suits for loss, including costs and attorney's fees, arising from injury to any persons or property or life, caused by or resulting from acts or omissions by Lessee, its successors or assigns, arising from the construction, operation or maintenance of the aforementioned street or in using, operating or traveling over the land within the hereindescribed leasehold of easement. 5. REMOVAL OF IMPROVEMENTS: It is further understood and agreed by the parties hereto that the City of Chula Vista shall at its own expense remove all temporary paving or other installation theretofore installed over and on said easement for street purposes within sixty (60) days of the termination of said easement, restoring the property to its original condition, and Lessor shall allow Lessee to go upon said land for the purpose of removing said temporary paving or other installation subsequent to the termination of said temporary ease- ment. 6. TERMINATION: Lessee shall have the right to terminate this lease agree- ment at any time upon sixty (60) days notice and Lessor shall reim- burse to Lessee on a pro rata basis any portion of rental having been made in advance; provided, however, if Lessee determines to acquire either through negotiation or by the exercise of its power of eminent domain any portion of Lessor's property for the permanent alignment of Tidelands Avenue, any balance of the rental payment remaining from the date of the acquisition of said permanent alignment shall be applied to the acquisiton cost either as negotiated or as determined by a final judgment of condemnation. 7. NOTICE: Any notice required or permitted to be given hereunder must be in writing, and may be given by personal delivery or by mail, and if given by mail shall be deemed sufficiently given if sent by registered or certified mail, addressed to DGMN, a copartnership, dba Marina Motor Hotel, 645 Third Avenue, San Diego, California 92101. Either party may, by written notice to the other, specify a different address for notice purposes. 8. SEPARABILITY; Any provision of this lease which shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provision hereof, and such other provisions shall remain in full force and effect. 9. HEIRS AND SUCCESSORS: This Agreement shall be binding upon the heirs, benefic- iaries or successors in interest to Lessor. -2- ?Sys IN WITNESS WHEREOF, the parties have executed this lease the day and year first above written. THE CITY OF CHULA VISTA DGD'IN, a copartnership, dba Marina Motor Hotel ~ ,~ Mayor o~-~- e City o Chy la Vista i, Leo`-Di a 7 ATTESZI ~~Z7Z ` ~ , ' ~ .~. ~ ,~~L ~ 'City Clerk ~~.{T-~~ _~~ Charles Gelardi Approved as to form by ~ /~ A~ / ~ ~~ dam, ~ Y /~, City Attorney `~ ' <~ ~ - Nina Mirabile STATE OF CALIFORNIA l COUNTY OF.------San--Diego---------------••-------- } SS. On.....Ma]'Ch---27-,---19791--------•--------.~ before me, the undersigned, a Notary Public in and for said State, personally appeared ------ Leo Dia; Charles .Gelardi anal Nina Mirabile --------•-----------------------------------------------•-•--...-------------•--...-----•-----•-•----------------- --------------- --------..known tc me to be the person(s) whose name(s).......................... subscribed to the within Instrument and acknowledged that-.--.-they----...-.-.executed the same. WITNESS my hand and official seal. OFFICIAL SEAL ~: ~ ~•`~ `•~ AMELIA O. SERRANO :~ ; q NOTARY PUBLIC CALIFORNIA ,,~ f~r'"-s?'~' Principal Office, San Diego Co. Calif. S '~~ °ry My Commission Exp. June 29, 1981 ,~ L`.'.•.'L'.~".L`.•rYr'~ti,'tiV Y.r'~L1~1~•15.'.4tiV 02320-2 3-74* 25 P.S. Individual Notarial Acknowledgment 1 ~. T .:~ ~/V'ti 4-~ (Notary Public's Signature) ~~~y~ -3R .` 1\ \, ~1 ', C ~ O~yi~~r= Ma~iria Mofe/ Tax Pay No. ~ 5G7-O/O-/B ` t i I~ I t ~ 1 ~-- - - - -- - - ~- ~ - - L - ~ ,~ AL /GNMENT -~ ~~ 1 ~ vP ~ ~ 0 ' ~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ i ~ ~ ~_ `'_ _ _ ~ -_~_ i .~ I ~ I i t - i 1 I I '----T-----~----------- ~.~ ` ~~ ` 1 ~~ 1 ~ ~ ~~ I ~ ~ ~\ ~~ J ~ ~, , . ~ ,~s~s~"~~t 1 1 l I 1 1 i I •~ 1 " = 2ca' h`~4.: ~.~ !~ ~: G. ,.. :i :''c'~ ~ ~~ STREE T ~G STREET C ~z~~~~ ~ Q A strip of 1~-,nd, 50 feet in width, lying ~.ithin the Sout'rlerly Half of Quarter Section 172 of P.ancha de la scion according to recorder? `~'`'-'-' `'+~~'=~"Or I`'~O• ll~'.6 OZl f11e iTi `h 2 v`iiC:C Of tit= CC11Z1CY a t~CC~LC:Er, l;0unty of San Diego, State of. California, the centerline of said strip being de- scribed as £ollo~as: Beginning at the center of said Quarter Section 172, thence ~t'est- erly, along the Northerly line of said Southerly Half of. Quarter Section 172, being the cer.terl~.ne of "F" Street a distance of. 50 feet; tr.ence -.Southerly, at right angles tc said ~:ortl:erly line a distance of 40 meet to the Southerly line of "F" Street and the TP.L'E t'OIr:T OF BF. (=IIv:1I.dG; therm _ continuing Southerly, at right ancrles~~to said Northerly line, 52.72 feet to the begir.r.ing o{ a tancrent SPO foot rac.ius curve to the right; thence Southerly, along the arc of said curve. througl-~ a central angle of 47°25', a distance or 480.16 feet; thence South~~resterl~~, tangent to said curve, 173.60 feet to the beginning of a tangent 200 foot radius curve to the left; thence Southerly, along the arc of sa.i~? curve, through a central angle of 81°15'30", a distance of 293.65 feet; thence Southeasterly, tz.n- gent to said curve, 108.47 feet to the 2;ecri:.ning of a tar_Qent 200 foot . radius curve to the right; thence Southerly, along the arc of said curve throu~~;. a central ar.c?1e cf. 36°04', a c'_istanco of. 125.90 foot; thence . Southerly, tancr2nt to said curve, 209.89 feet to the Southerly line of s°ic C2uarter Section 172 a.nd the centerline of "G" Street; ' Fxceotinc~ therefrom that portion lyira Southerly of a line that _is pa=a11e1 ~.ith and 340 feet Southerl~~ cf the centerline+of "F" Street. t ~~'~' -;etur~ o: i City o~ China ~U~sta OFFICE OF THE CITY CLERK Post Office Box 1087 Chula Vista, California 92012 1~~0 RESOLUTION NO, 9543 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH DGMN, A COPARTNERSHIP, FOR A TEMPORARY EASEMENT FOR A PORTION OF TIDELANDS AVENUE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista has heretofore by Resolution No. 9413, approved on December 14, 1978, authorized the commencement of condemnation proceedings to acquire a temporary right of way for Tidelands Avenue on certain property o~,aned by DGMP?, a copartnership, and WHEREAS, the Redevelopment Agency of the City of Chula Vista has heretofore by Resolution No. 155, approved on Decem- ber 28, 1978, appropriated the sum of $20,000 from the Bayfront Bond Fund for the acquisition of said temporary easement, and WHEREAS, the attached agreement for the use of said portion of Tidelands Avenue has been approved by DGMN, a copart- nership. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain lease agreement by and between the City of Chula Vista, a municipal corporation, and DGMN, a copartnership, dated the 27th day of March 1979, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, be, and the same is hereby approved and the Mayor is authorized to execute the same. Presented and Approved as to form by X11 /~ George D, indbErg, City Attorney '79-228825 OFfINCE~COKUcRNDS SAN DIE6C COUNTY CALIF. FILE /PAGE k0. ~------•---- 3U{)K. 1?~3 RECORDED ~cCUEST t'iF JuH ~I 11 so ~N'1~~~~~-' NO FED 1~1 ~' X ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 27th day of March 197 9 by the following vote, to-wit: AYES Councilmen Gillow, Cox, Egdahl, Hyde NAYES~ Councilmen scott ABSTAIN: Couneilmen.~ None ABSENT: Councilmen None /s/ Will T. Hyde Mayor of the City of Chula Vista ATTEST /s/ Jennie M. Fulasz Ci;.y Teri: ~ STATE CF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I , JANE A. DILDRIC~iS , Deputy 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 RESOLUTION N0. 9543 ,and that the same has not been amended or repeated. DATED May 30, 1979 ''~ ,---~ y{seat) ~ ~ ~ / ~~ , ~~ ,~'~'~ t,C- Deputy City Clerk :C-660 (b) ~~h~~~ ~g~,Y~ LEASE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND DGMN FOR A FIVE YEAR LEASE FOR A PORTION OF TIDELANDS AVENUE THIS LEASE AGREEMENT is made the 27th day by and between the CITY OF CHULA VISTA, a mu icin pal inafter referred to as "City" or "Lessee" and DGMN, doing business as Marina Motor Hotel, consisting of Gelardi, and Nina Mirabile, 645 Third Avenue, San D 92101, hereinafter referred to as "Lessor"; W I T N E S S E T H of March , 1979, corporation, here- a copartnership, Leo Dia, Charles iego, California WHEREAS, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor that certain property designated as a portion of Tidelands Avenue more particularly described in Exhibits A and B, attached hereto and incorporated herein by reference as if set forth in full, and WHEREAS, the parties hereto agree that said leasehold is upon and subject to the terms, covenants and conditions herein set forth and Lessee covenants as a material part of the consideration of this lease each and all of said terms, covenants, conditions and that this lease is made upon condition of such performance. 1. TERM: The term of this lease shall be for a period of five (5) years commencing on the 19th day of October, 1978 and terminating on the 18th day of October, 1983 unless said term as hereby demised shall be terminated pursuant to the provisions as set forth herein. 2. RENT: Lessee hereby agrees to pay to Lessor as the annual basic rent for said portion of Tidelands Avenue the sum of FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) per year due and payable the 19th day of October, provided, further, that the sum of EIGHT THOUSAND DOLLARS AND NO CENTS ($8,000.00) covering the initial two years of said five-year term shall be paid upon the execution of this lease agreement and subsequent lease payments shall commence on or before the 19th day of October, 1980. Lessee further agrees to pay said sum in the total amount of TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) during the five-year term of this lease. Lessor shall reimburse to Lessee the pro rata share of any annual payment based upon the leasehold time remaining should this lease agreement be terminated prior to the termination date of October 18, 1983 in accordance with the terms and conditions set forth herein. Lessee further agrees to install along the westerly side of said Tidelands Avenue an asphaltic berm for the entire length of that portion of Tidelands Avenue demised herein to Lessee, including the necessary turning radius at the F Street terminus and on either side of the entry to the motel property owned and operated by Lessor. Lessee additionally agrees to extend to the westerly portion of said right of way of Tidelands Avenue those fences heretofore erected by Lessee. 3. USE: Lessor does hereby grant to ment and right of way for the right to replace or remove a street for the use Lessee the use of said ease- construct, maintain, operate, of the public together with -1- ~~~ y~ i~z .~ the right to enter upon, pass and repass over and along said ease- ment and right of way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees en- gaged by said City whenever and wherever necessary for said purposes. 4. INDEMNIFICATION: It is fully understood and agreed by the parties hereto that Lessee shall indemnify and hold Lessor harmless against all claims for damage or suits for loss, including costs and attorney's fees, arising from injury to any persons or property or life, caused by or resulting from acts or omissions by Lessee, its successors or assigns, arising from the construction, operation or maintenance of the aforementioned street or in using, operating or traveling over the land within the hereindescribed leasehold of easement. 5. REMOVAL OF IMPROVEMENTS: It is further understood and agreed by the parties hereto that the City of Chula Vista shall at its own expense remove all temporary paving or other installation theretofore installed over and on said easement for street purposes within sixty (60) days of the termination of said easement, restoring the property to its original condition, and Lessor shall allow Lessee to go upon said land for the purpose of removing said temporary paving or other installation subsequent to the termination of said temporary ease- ment. 6. TERMINATION: Lessee shall have the right to terminate this lease agree- ment at any time upon sixty (60) days notice and Lessor shall reim- burse to Lessee on a pro rata basis any portion of rental having been made in advance; provided, however, if Lessee determines to acquire either through negotiation or by the exercise of its power of eminent domain any portion of Lessor's property for the permanent alignment of Tidelands Avenue, any balance of the rental payment remaining from the date of the acquisition of said permanent alignment shall be applied to the acquisiton cost either as negotiated or as determined by a final judgment of condemnation. 7. NOTICE: Any notice required or permitted to be given hereunder must be in writing, and may be given by personal delivery or by mail, and if given by mail shall be deemed sufficiently given if sent by registered or certified mail, addressed to DGMN, a copartnership, dba Marina Motor Hotel, 645 Third Avenue, San Diego, California 92101. Either party may, by written notice to the other, specify a different address for notice purposes. 8. SEPARABILITY: Any provision of this lease which shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provision hereof, and such other provisions shall remain in full force and effect. 9. HEIRS AND SUCCESSORS: This Agreement shall be binding upon the heirs, benefic- iaries or successors in interest to Lessor. -2- ~~ y STATE OF CALIFORNIA 1 SS. COUNTY OF.......San__Diego .........................) On---..March-._27-1..-199.1 ................... before me, the undersigned, a Notary Public in and for said State, personally appeared Leo Dia•___.Charles Gelardi_.and Nina Mirabi e ____----..-....known tc :ne to be the person(s) whose names .......................... subscribed to the within Instrument and acknowledged that_.----...--eY.....---.--executed the same. WITNESS my hand and official seal. ~ti~~tiyv~YaYrW OFFICIAL SEAL AMELIA 0. SERRANO .,~ NOTARY PUBLIC - CAIIFORNtA ` Principal Office, San Diego Co. Calif. My Commission Exp. tune 29, 1981 ti'L'. WN'.'.IVY 02320-2 3-74* 25 P.S. Individual Notarial Acknowlsdgmenf 1 ._ x_L^c Y ---------------------------------- --- - - - - (Notary Public's Signature) 1~.~"-~3 1t~3 ~, IN WITNESS WHEREOF, the parties have executed this lease the day and year first above written. THE CITY OF CHULA VISTA ,~ Mayor ~ e City o C la Vista f ~~1 ATTEST ,.~ L1L ~ " ~/~ .y ity Clerk Approved as to form by City Attorney DGMN, a copartnership, dba Marina Motor Hotel .,~'~ ~ Leo'- is ~~ /~ Charles Gelardi <. 1 ,. Nina Mirabile (Attach Notary Acknowledgment) .; r~ ~' TE,yPOQA2Y AL /GNMENT - ~ ~ i ~~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~~ ``_ ~- _ _. i I ,~ 1 ~ f l E 1 1 1 1 i i _____T____J_-.____~______ ______ .. , 1~4 ~ O~vi~er~ Marina Mofe/ ~ Tax Par. No. ~ 567-0/O - /B '~ '1' - - - - 1- r STREE T ~ I ~ I ! ~ i t 1 1 I 1 ~ i • I I~ I ~ ~ I I 1 .. _T_J 1 I ~ i ~ Z' ~~• ~ 1 ~ P i ~ - a s ~ ~' I I ~ ~ ~ .1 1 1 j ~ ~ ~ •• - 2O° • v ~ . ! t1~ v ~ Q .. t ~ 1 i ~ ~ t 1 v ~ j 1 ~ ~ i _ i 4~ _,~ ~ 1 ~ 1 -- _ _- ~ i t •` ~~ ~ ~ I ~ ~ i ~~ i ~` ~ ~ ~ ~ ~\`', ; .t ~ 1 •~ "G` STREET ~~ ,~ _ r . ,. . ~ it~~ ~ • -a A strip of 1~-lnc:, SO feet in width, lying ~.~ithin the Southerly Half of Quarter Section 172 of P.ancho de la Nacion according to recorded :"','_% :.i1C'r-O~ hO. lV6 021 file iI'a tie v`fii:e Of tiles CC11i1Cy ZCOLC;Er, l:0urity of San Diego, State of. California, the centerline of said strip beine~ de- scrib~d as £ollo~as: Beginning at the center of said Quarter Section 172, thence ~t'est- erly, along the Northerly line of said Southerly Half of. Quarter Section 172, being the centerl~.ne of "F" Street a distance of. 50 feet; thence -.Southerly, at right angles to said ~:ortherly line a distance of 40 feet to the Southerly line of "F" Street and the TP.L?E POINT OF BF.GIh.II.dG; thorce _ continuing Southerly, at right an~les~~to said :~ortllerly line, 52.72 feet to the beginr.ina of a tancren.t 580 foot radius curve to the right; thence _ Southerly, alone the arc of said curve. througl-. a central angle of 47°25', a ciistar_ce o` 480.16 feet; thence South~,~esterl~~, tangent to said curve, 173.60. feet to the becrinning of a tangent 200 foot radius curve to the left; thence Seutilerly, along the arc of. said curve, through a central angle of 81°15'30", a distance of 293.E5 feet; thence Southeasterly, t2.n- gent to said curve, 108.47 feet to the t;eai:.ning of a tar_Qent 200 foot radius curve to the right; thence Southerly, along the arc of said curve, throu~jh a central ar_gle cf. 36°04', a c'_ista::co of. 125.90 feet; tl~ence _ Southerly, tangent to said curve, 209.89 feet to the Southerly line of saic Quarter Section 172 znd the centerline of "~" Street; • yxce~tinrr therefrom that rortion is parallel c.ith and 340 feet Southerly of lyir.Q Southerly of a line that the centerline~of "F" Street. 15~~f 3