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HomeMy WebLinkAboutReso 1978-9379Form No. 342 Rev, 3]74 RESOLUTION N0, 9379 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO GAS AND ELECTRIC COMPANY FOR K-9 OPERATIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and San Diego Gas and Electric Company dated the 13th day of November , 19 78 , a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approvedm 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 William J.~linters, Chief of Police Approved as to form by /'G~- ,- 1~ ',, ~, / r ,// !%f (,/ George D. Lindberg, City Attorney L~ADOPTED AND APPROVED by the CI°TY COUNCIL of the CITY OF Cf1ULA VISTA, CALIFORNIA, this 28th day of November 1978 , by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow NAYES: Councilmen None ABSENT: Councilmen None r7ayor of the City of Chula Vista ATTEST - ~~,.~ ~ ~ ,~ ~; ~ Cty~Clerk ~' STATE OF CALIFORNIA] COUNTY OF SAN DIE(;O) ss , CITY OF C.EiULA 'VIS'TA) I, of Chula Vista, California, DO i-iEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED _, City Clerk of the C~.ty hat the above is a full, and. that the same has City Cler SD~E SAN DIEGO GAS & ELECTRIC COMPANY P.O. BOX 1831 SAN DIEGO, CALIFORNIA 92112 (714) 232-4252 FILE No. LNF 100 November 13, 1978 City of Chula Vista Police Department 276 4th Avenue Chula Vista, CA 92010 Attention: Captain Clark Gentlemen: This letter is in response to a request by the City of Chula Vista (City) to utilize a portion of San Diego Gas & Electric Company's (SDG&E) South Bay Power Plant property (Property), located at 990 Bay Boulevard, Chula Vista. The Property would be used during the training exercises for K-9 officers, other authorized personnel involved in the Chula Vista Police Department (CVPD) K-9 operations, and dogs used by the CVPD. San Diego Gas & Electric Company hereby grants you permission to utilize the unused dirt parking lot located immediately north of the main entrance on Bay Boulevard for your K-9 officer training program. The .permission herein granted is subject to the following terms and conditions: 1. That SDG&E be provided a list of the names of all personnel involved with the K-9 officer training program. Said personnel shall enter only through the Bay Boulevard entrance and check in and out with the SDG&E security guard. The personnel list is to be furnished to the Company's director of security and is to be updated on a weekly basis. 2. That use of and entrance to Property be limited to daytime hours, i.e., 8 a.m. to 5 p.m. Any request to enter Property other .than daytime hours must be submitted 48 hours prior to date of entry. 3. That CVPD and City acknowledge that there are or may be high voltage lines, towers, poles, underground electric conduits or gas pipelines on or near Property, and in part consideration for SDG&E granting this permission, ''7 -?~ AN INVESTOR-OWNED CORPORATIOrV ~ ~~ S~~E City of Chula Vista Police Department SAN DIEGO GAS & ELECTRIC COMPANY -2- November 13, 1978 LNF 100 assume all risks, including risks of an extra hazardous nature, of loss, damage, or injury to persons or Property in any manner arising out of or incident to the performance of this permission, including without limitation all consequential damages, whether or not resulting from the negligence of SDG&E, its agents or employees, and does hereby waive and release SDG&E from any and all liability of whatever nature to any person or Property arising out of or incident to the performance of this permission. CVPD and City agree to indemnify, hold harmless, and defend SDG&E from all liability from loss, damage, or injury to persons or Property in any manner arising out of or incident to the performance of this permission, including without limitation all consequential damages, whether or not resulting from the negligence of SDG&E, its agents or employees. 4. That CVPD and City agree that upon completion of operations and termination or expiraton of this permission, the grounds will be restored to original condition prior to commencement of operations. 5. That all trash, rubbish, debris, and. animal-waste be cleaned and removed after each use of the Property. 6. That either party may revoke this permit upon thirty (30) days written notice to the other party. Upon termination of this permit, CVPD and City agree to surrender the premises in good condition and to remove all improvements made by CVPD and City without cost to SDG&E. After forty-five (45) days from such date notice of revocation is given, SDG8.E will have the right to enter and remove any remaining improvements, and City and CVPD agree to pay all costs therefor to SDG&E upon demand. Notwithstanding any other provisions of this permit, SDG&E reserves the right to revoke the permission and to commence or resume use of the Property whenever in the interest of its patrons or consumers it shall appear necessary or desirable to do so as provided by General Order 69-B of the Public Utilities Commission of the state of California. Please signify your acceptance of the above terms and conditions by signing the original and one duplicate copy r ~~~>, S+DGE SAN DIEGO GAS & ELECTRIC COMPANY City of Chula Vista Police Department -3- November 13, 1978 LNF 100 of this letter, and forwarding both to: San Diego Gas & Electric Company Post office Box 1831 San Diego, California 92112 Attention: Land Management Department Sincerely, SAN DIEGO GAS & ELECTRIC COMPANY a California corporation .T -_ R.H. Baumaarte Land Management Supervisor jZ~,~~j ~ The City of Chula Vista Police Department accepts and agrees to the terms and conditions listed above. CITY OF CHULA VISTA By VtJ ~~. ~'~~~ ~` Mayor CITY OF CHULA VISTA POLICE DEPARTMENT By Chief of Police c~ ~ .7,-, -;