HomeMy WebLinkAboutReso 1982-11079 RESOLUTION NO. 11079
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND DENNY'S INC. FOR SIGNAGE ON SURPLUS
RIGHT OF WAY
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 by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and DENNY'S INC.
for signage on surplus right of way
dated the 16th day of November , 19 82, a copy of which
' is attached hereto and incorporated herein, t'~ 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
G o ge U-~Lin
e r
Engineer
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 16th day of November
19 82 , by the following vote, to-wit:
AYES: Councilmen Cox, Malcolm, Moore, McCandliss, Scott
NAYES: Councilmen None
ABSTAIN: Councilmen None
ABSENT: Councilmen None
Mayor fly of Chulo Vista
ATTE$~~~C
ST~ City~le~k(~.~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION N0. 11079
,and that the same has not been amended or repealed.
DATED
(seal) City Clerk
RECORDING REQUESTED BY 3 0 2~
~oMA,,~'O: 8,2- ~00;?,:~3
Thc dry. of C~la Vim
,,
RBSO~U~ZOH HO. 11079 ., COUN i'Y
RgSO~UTZON O~ THB CZT~ COgNCZ~ O~
VISTA APPROVING AGRE~ENT BE~EEN THE CITY OF CHU~
VISTA AND DENNY'S INC. FOR SIGNAGE ON SU~LUS
Rzc~ oP ~Y NO
~D AUTHORIZING THE ~YOR ~ EXECUTE SAID AGRE~ENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and DENNY'S INC.
for signage on surplus right of way
dated the 16th day of N-v-'-P ~gt_~e, a copy of which
is attached hereto and incorporated here[n same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
presented by Approved as to form by
"~'~:~,/~n~~5
Is/John P. Llppttt 'C.,-,~ L~--..
- John P. Lippitt, City George dberg, City Attor
Engineer
Form 342
ev. 7/82
303
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 16th day of Noventer
19 82 , by the following vote, to-wit:
AYES: Councilmen Cox, Halcalm, Hoore, HcCandlls$, $cott
NAYES: Councilmen None
ABSTAIN: Councilmen None
None
ABSENT: Councilmen
/s/Gregory R. Cox
Mayor of the City of Chulo Vista
/s/Jennie N. Fulasz
ATTEST
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION NO. 11079
,and that the same has not been amended or repealed.
November 18, 1982
DATED
,...,, ...;.. .
CC-660
304
- LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND DENNY'S INC. FOR SIGNAGE ON SURPLUS RIGHT OF WAY
~C~ ~[IS AGREEMENT, iS made and entered into this day of
~ P,~ ~ 1982, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "Lessor" and DENNY'S
INC., P. O. Box 605, La Mirada, California 90637, hereinafter
called "Lessee";
WITNESSETH:
WHEREAS, Lessor owns surplus right of way adjacent to
Lessee's property within the Bonita Glen Specific Plan, and
WHEREAS, Lessor's property would be an ideal site for
the construction of a freestanding sign to advertise the land use
of Lessee's property.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by
and between the parties hereto as follows:
1. Lessor agrees to lease approximately 500 square feet
of land in its excess right of way as a site for a freestanding
sign. A legal description is attached as Exhibit "A", and shown
as Exhibit "B" attached hereto, and Exhibit "B-l" attached hereto.
2. Lessee shall pay $2.40 per square foot of signage
per year for said lease. It is anticipated that Lessee will
install a 100 square foot sign for a total'rental to Lessee of
$240 per year.
3. Lessor reserves the right to lease an additional 150
square feet of signage on Lessee's freestanding sign to the other
major landowner in the Bonita Glen Specific Plan at the same rate
that is offered to Lessee. Therefore, if the entire 250 square
feet of permitted signage were used, the total rent per year would
be $600. Lessee agrees to permit Lessor to lease 150 square feet
of signage on Lessee's freestanding sign.
4. Lessor agrees that if 150 square feet of additional
signage is constructed upon Lessee's freestanding sign, that
Lessor shall require that the Lessee of said 150 square feet or
its successors or assigns, shall pay all costs and fees and the
pro-rata share of personal property taxes.
5. Lessor agrees to request all future Lessee's of sign
space to coordinate all work necessary for installation of
required sign panels, in order to avoid disruption of electrical
service to the initial signage to be installed by Denny's Inc.
305
6. The term of this lease shall be twenty (20) years
with an option for a ten (10) year renewal commencing from the
date of execution of this lease. Lessee shall have the right of
first refusal for any additional lease period that may be
contenplated at the conclusion of the term. At the conclusion of
the lease, it shall be the Lessee's responsibility to remove the
sign.
7. Lessor reserves the right to use the property upon
which the sign is located for any purpose which is not
inconsistent or deleterious to the use of the sign.
8. Lessee agrees to hold Lessor harmless and to
indemnify Lessor for any damages arising out of the installation
and use of its sign.
9. This lease shall terminate at the option of the
Lessor for failure to pay rent within ten (10) days from the due
date without notice. Rent shall be due within ten (10) days of
execution of the lease for the first year and within ten (10) days
of the anniversary date of the lease for each succeeding year.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA DENN 'Y~
~' City Clerk ~ ' '
Approved as to fo~ by (Attach Nota~ Acknowledgment)
· , 307
LEGAL DESCRIPTION
That portion of Vista Drive as dedicated on Map of SUNNY VISTA,
in the County of San Diego, State of California, according to Map
thereof No. 2207, filed in the Office of the County Recorder of
said County, and as shsown on State of California Highway Right
of Way Map No. LO 45042 (Interstate 805) described as follows:
BEGINNING at the Southerly terminus of that certain
course shown as N47'48'53"W 65.29 feet on said State of
California Right of Way Map No. LO 454042, said point
bears radially S43'17'58"W 274.02 feet from "A-line"
station 430 + 53,245; thence along said course
N47'48'53"W 25.85 feet to the TRUE POINT OF BEGINNING;
thence retracing S47'48'53"E 20.70 feet; thence
S57'07'08"W 20.00 feet; thence N75'23'31"W 27.131 feet;
thence N57°07'08"E 33.00 feet to the TRUE POINT OF
BEGINNING.
E H'IBIT "A"
Prepared by:
phillips-Reynclds Engineering Inc.
71 North Fourth Avenue November 5, 1982
Chula Vista, CA 92010 Job No. 4115
pHiLLIPS-REYNOLDS> ~NG., INU. I
//' 71 North Fourth Avenue S~En NO OF
CHULAVISTA, CALIFORNIA 920'10 309 \ i1~ ,~- ~:
phor~ 426-5400
.... /