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HomeMy WebLinkAboutReso 1977-8951Form No. 342 Revm 3/74 RESOLUTION N0. 8951 RESOLUTION OF TiiE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN Ti-~E CITY OF CHULA VISTA AND SAN DIEGO GAS AND ELECTRIC COMPANY FOR LEASE OF PROPERTY FOR PARK PURPOSES AND AUTHORISING 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, for lease of property for park purposes dated the 20th day of December 197? 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 FURTiiER 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 Vistas Presented by Emerson Hall, Director of Parks and Recreation ADOPTrD AND APPROVED by VISTA, CALIFORNIA, this 20th day the follownc vote, to-wit: A~ppraved as t o by ~~'~„~~ ~`~ George D. Lindberg, City Attorney the CITY COUNCIL of the CITY OF Cf'ULA of December 19 77 by AYES: Councilmen Scott, Egdahl, Hobel, Cox, Hyde NAYES: Councilmen None ABSENT: Councilmen None C~~ ' ~ -- Mayor of the C~.ty of Chul Vista ATTEST City ler STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CE3ULA VISTA.) I, City Clerk of the City of Chula Vista., California, DO F~EREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended car repealed. DATED City Clerk PARK LEASE This Lease is made and entered into as of this 20th day of December 1977, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation, hereinafter desig- nated "Lessor," and THE CITY OF CHliLA VISTA, a municipal corpor- tion, hereinafter designated "Lessee." WITNESSETH: WHEREAS, Lessor is the owner of certain real property which is used by Lessor exclusively as an electrical and gas transmission right-of-way; WHEREAS, Lessor will allow limited multiple use of such real property-which does not interfere with Lessor's use; and WHEREAS, Lessee desires to lease such real property from Lessor for certain park recreation purposes only; NO'v~1 THEREFORE, in consideration of the payment of rent by Lessee and the performance of the terms and conditions contained herein, the parties hereto agree as follows: 1. LEASED PREMISES. Lessor leases to Lessee and Lessee hires from Lessor, as herein provided, that certain real property hereinafter designated "Leased Premises," located in the city of Chula Vista, state of California, together with all improve- ments and fixtures thereon, as described on Exhibit "A" attached hereto and by this reference made a part hereof, which real property is more particularly described as follows: Portions of Lots 13 & 14 in Quarter Section 118 of Chula Vista, a subdivision of Rancho de la Nacion, County of San Diego, state of California, Map No. 505, filed in the office of the County Recorder of said County. 2. TERM OF LEASE. The term of this Lease shall be for 20 years, commencing on the 1st day of November, 1977, and shall terminate at midnight on the 31st day of October, 1997, unless sooner terminated as herein provided. This Lease shall be renewed each year after such term, unless either party notifies the other in writing at least b0 days prior to the expiration of any succeeding year that the Lease shall not be renewed for the following year. 3. RENT. Lessee shall pay Lessor as rent, yearly in advance on or before the first day of each such year, an annual rent of $10.00. ~. TAXES. Lessor shall pay all taxes which, during each tax year or a portion thereof falling within the term of this Lease, may be levied or assessed against the Leased Premises and all interest of Lessor therein and all improvements and personal or other property placed or constructed thereon by Lessor. Lessee shall be responsible for taxes levied against improvements and personal or other property placed or constructed on the Leased Premises by Lessee. 5. USE OF PREMISES. The Leased Premises shall be used solely for park recreation purposes and for no other purpose whatsoever. Lessee's improvements of the Leased Premises shall conform to the general development plan marked Exhibit "S" -2- attached hereto and made a part hereof. Lessee shall faithfully manage the Leased Premises in a diligent and businesslike manner and take proper care of and prevent injury to all vegetation. Lessee shall not erect, nor permit to be erected, any building or structure on the Leased Premises nor live or reside on nor permit anyone else, including Lessee's agents, servants, employees, contractors or any third person whatsoever, to live or reside on the Leased Premises without obtaining the written consent of Lessor. The Leased Premises shall at all times be under the competent and effective supervision of agents, servants and employees of Lessee. Lessee shall not use the Leased Premises for any commercial or business purposes. Lessee shall police, regulate and control the entry to and activities in and upon the Leased Premises and, in addition, shall protect all of Lessor's real or personal property upon or adjacent to the Leased Premises and will protect against damage to property and injuries to persons upon or incident to the use of the Leased Premises. b. HOLDING OVER. Any holding over after the expiration of this Lease, or any renewal thereof, shall be construed to be a tenancy from month-to-month at a rental rate equal to that in effect in the year immediately prior to such expiration and shall otherwise be on the terms and conditions specified herein. 7. DELIVERY OF POSSESSION. If Lessor, for any reason whatsoever, cannot deliver possession of the Leased Premises to Lessee at the commencement of the term of this Lease,. as herein- before specified, this Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting -3- therefrom. In such event, there shall be a proportionate reduction in the rent covering the period between the commencement of the term of this Lease and the time when Lessor can deliver possession. The term of this Lease shall not be extended by such delay. 8. WASTE. Lessee shall not commit, nor allow to be committed, any waste upon the Leased Premises. Lessee will at all times keep the Leased Premises clean and free from rubbish, debris and all accumulations of flammable materials and growth. Lessee will guard against and not permit, make, nor allow any fire or erosion upon the Leased Premises and will not commit, nor allow to be committed, any private or public nuisance on the Leased Premises. The Leased Premises shall be kept by Lessee in a safe and proper condition to allow Lessor to maintain and operate any public utility facilities which exist or may be installed in the future on the Leased Premises. 9. LESSOR'S FACILITIES. During the term of this Lease, or any renewal thereof, Lessor shall have the right to enter the Leased Premises at any time for the purpose of constructing or installing facilities or for the purpose of replacing, repairing or maintaining existing facilities in, under, along, over, or across the Leased Premises. Lessor shall have the right to trim any trees on the Leased Premises, if necessary, to comply with all applicable clearance requirements. Lessor reserves the right of ingress to and egress from the Leased Premises for the purposes stated herein. Lessor shall not be held responsible or liable in damages, or otherwise, for any injury or destruction of Lessee's property or vegetation planted upon the Leased Premises or for -4- any losses in any way arising from or out of Lessor's exercise of the rights reserved herein. 10. GO 69-B. Pursuant to General Order b9-B, or any revision thereof or amendment thereto, of the Public Utilities Commission of the State of California, the provisions of this Lease are conditional upon the right of Lessor to commence or resume the use of the Leased Premises whenever in the interest of Lessor's service to Lessor's patrons or consumers it shall appear necessary or desirable to do so. Lessor shall, notwithstanding anything to the contrary contained herein, have the right to exercise Lessor's rights under GO 69-B by cancelling and termi- nating this Lease or any renewal thereof after giving Lessee 60 days' notice of such cancellation and termination. 11. ALTERATIO~dS. Lessee shall not make, nor allow to be made, any alterations or improvements of the Leased Premises, or any part thereof, without first obtaining the written consent of Lessor. Lessor shall have the right to remove or relocate all improvements made by Lessee at Lessee's expense. Lessee shall keep the Leased Premises free from any liens arising out of any work performed, material furnished, or obligations incurred by Lessee, or arising out of any taxes or assessments levied or assessed upon Lessee or upon the Leased Premises by reason of the use of Lessee or anything done or permitted to be done by Lessee upon the Leased Premises. 12. COMPLIANCE WITH LAW. Lessee shall comply with all laws, ordinances, statutes, rules, and regulations of any public body or agency exercising jurisdiction over the Leased Premises -5- governing the use of the Leased Premises. 13. ASSIGNMENT. Lessee shall not assign or sublease the whole or any part of this Lease, or any interest therein, nor permit occupancy of the Leased Premises by anyone other than Lessee without first obtaining the written consent of Lessor and then only upon such terms and conditions as may be established by Lessor. Any purported assignment, sublease or permission to occupy made or given by Lessee without Lessor's consent shall be void for all purposes. 14. DEFAULT. Should Lessee fail to pay the rent herein specified within 15 days after same becomes due, or should Lessee fail to faithfully perform or observe any other term or condition of this Lease or any renewal thereof, within 15 days after written notice of default, Lessor may enter upon and repossess the whole of the Leased Premises without further notice or demand. Lessor may use all necessary force so to do, and may evict Lessee and all those claiming by, through or under Lessee, and may remove such person's effects, forcibly if necessary, without being responsible for the care or safety thereof or liable in damages. All monies theretofore paid by Lessee to Lessor shall be forfeited as liquidated damages without prejudice to any remedy which might otherwise be resorted to or used for any preceding breach of this Lease. 15. PUBLIC LIABILITY INSURANCE. Lessee shall, at Lessee's own expense, secure and maintain in effect during the entire term of this Lease public liability insurance to protect Lessor and Lessee against claims or liabilities for bodily in- -6- jury, including death and property damage, in any way arising out of the ownership, maintenance or use of the Leased Premises. Such public liability insurance shall be written with limits of not less than $5,000,000 for each occurrence of bodily injury or property damage. Such insurance shall name Lessor as an additional insured and shall provide for at least 30 days' written notice to Lessor prior to any cancellation or reduction in coverage. A certificate of insurance evidencing the foregoing shall be furnished Lessor prior to any use of the Leased premises by Lessee. The provisions of this paragraph shall not in any way limit any of Lessee's other obligations or liabilities under this Lease. 16. INDEMNIFICATION. Lessee shall indemnify, save and hold Lessor, Lessor's officers, employees, agents, servants, or licensees, harmless from and against any and all demands, claims, suits, cost of defense, attorneys' fees, witness fees (including expert witness fees), liabilities, loss, costs, obligations, or other expenses for damage or damages to property or for injury or injuries to or death of any person or persons in any way arising from or out of (i) Lessee's use, maintenance, presence on, or occupation of the Leased Dremises; (ii) any acts of commission or omission by Lessor, Lessor's employees, agents or licensees, except gross negligence and willful misconduct or damage to Lessor's property arising out of any act of Lessor, Lessor's employees, agents or licensees; (iii) the presence of Lessee's facilities upon the Leased Premises; or (iv) any act or omission of Lessee, its employees, agents or licensees, or of any employees, agents or servants of its contractors, subcontractors or independent -7- contractors. Lessee acknowledges and expressly agrees that there are, or may be, high voltage lines and poles and underground electric ducts, cables and wires situated on the Leased Premises and that there are, or may be, underground pipes for transmitting, distributing or using gas, oil or other substances, all of which are used by Lessor in its regular course of business. Lessee acknowledges that the presence of such facilities presents a risk of personal damage and personal injury or death. and expressly assumes such risk. Lessee shall indemnify Lessor against any damage, injury or death resulting from the presence of facilities on the Leased Premises as hereinbefore provided. It is the mutual intention and agreement of the parties that the foregoing indemnity provision shall extend to any and all damages suffered by Lessor to its real or personal property adjacent to the Leased Premises, or property damages or injury to or death of any person upon such adjacent property, in any way arising from the use or occupancy of the Leased Premises occasioned by the negligent, willful, or intentional acts or omissions of any persons other than Lessor or Lessor's agents or employees while in or upon the Leased Premises. 17. CONDEMNATION. If the whole or any part of the Leased Premises shall be taken by any public or quasi-public authority under the power of eminent domain, then the term of this Lease shall cease as to that part so taken from the day possession of that part shall be required for any public purpose, and rent shall be paid to that day. On or before such day, Lessee shall elect in writing either to cancel this Lease or to continue -8- in possession of the remainder of the Leased Premises under the terms herein provided with the rent being reduced in proportion to the amount of the Leased Premises taken. All damages awarded for such taking shall belong to and be the property of Lessor, whether such damages be awarded as compensation for diminution in value of the leasehold or the fee of the Leased Premises; provided, however, in the event Lessee is not allowed to remove any fixtures or other personal property of Lessee, as otherwise provided by the terms of this Lease, then Lessee shall receive that portion of the award paid to Lessor which shall represent the value of Lessee's fixtures or property so retained. 18. ATTORNEYS' FEES. In the event Lessor shall insti- tute any suit or action or be required to defend or prosecute Lessor's rights in any respect or in any suit or action brought in connection with this Lease, Lessee shall pay reasonable at- torneys' fees and costs of any such suit or action so instituted or brought by or on behalf of Lessor. 19. TIME OF THE ESSENCE. It is mutually agreed that time is of the essence as to each and all the terms, conditions and provisions of this Lease. 20. NOTICES. Notices to be given shall be addressed as follows: If to Lessor: San Diego Gas & Electric Company Engineering Land Department P.O. Box 1831 San Diego, California 92112 -9- If to Lessee: City of Chula Vista P. 0. Box 1087 Chula Vista, California Notices shall be deemed given hereunder when placed by either party to this Lease in the United States mail, postage prepaid, certified, and properly addressed. 21. BREACH OF CONDITIOi~S. Any waiver by Lessor of any breach of one or more of the terms, covenants or conditions of this Lease shall not be a waiver of any subsequent or other breach of the same or any other term, covenant or condition of this Lease. Any failure of Lessor to require exact, full and complete compliance with any of the terms, covenants or conditions of this Lease shall not be construed as changing the terms hereof nor estop Lessor from enforcing the full provisions hereof. The terms of this Lease shall not be changed or altered in any way whatsoever other than by written agreement. 22. SUCCESSORS. This Lease shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, legatees, devisees, assignees, personal representatives, executors, administrators and successors as fully and to the same extent as those specifically mentioned in each instance except in those instances wherein this Lease it is otherwise expressly provided. IN WITNESS WHEREOF, the parties have individually exe- cuted, or caused this Lease to be executed, for and in behalf of -10- each by their respective agents, or duly authorized corporate officers, as of the day and year first above written. CITY OF CHULA VISTA, a municipal corporation By ~~ Mayor SAN DIEGO GAS & ELECTRIC CO~PA Y, a California core ation By J Belt for Vice President Lessee Lessor -11- it --{ ~ s c- O -o ,-'" 1 ,\\ \`'D ~ T*` i s c ` e ~~"~~ ~ J .~ .--' -- ~'~ -'~/ O~ A~ ~ ~ _ . LEASE AREA CDNTAI:~`;~ 9n,4! ACRES cetsl to. tID1A(• SAN DIEGO GAS & ELEC7RiC COMPANY _-- _-- SAN DIEGO, CA~IFOi2NIA_ SDGf~E PARK ` ' c,HUC.A ~visrA DRAWN •r: SPC OK TO IN9TAlL~ DATt: 7-14-i7 RI YJ OK: 9CAlk I ° C 2QQ~ DATC. suevtrto 9r: Arro 9r 1tT19M. TNDt. YADI. DRAwINm No.: OS-493Q COO~DINAIff 158-1749