HomeMy WebLinkAboutCC RESO 94-30RESOLUTION NO. 94-30
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO AGREEMENT WITH THE
SAN DIEGO UNIFIED PORT DISTRICT FOR USE
BY THE CITY AND ITS PERMITTEES OF THE
FORMER TIDELANDS FIRE STATION
WHEREAS, the City of National City ("City") and the San Diego Unified Port
District ("District") entered into an agreement on or about February 26, 1963, in which said
parties defined certain lands to be transferred from City to District, clarified the financial
obligations of City and District, and clarified future relations between City and District; and
WHEREAS, the aforementioned agreement contained Sections I through VI,
including Section I entitled "Property"; and
WHEREAS, City and District desire to amend the third paragraph of Section I,
to allow recreational use by City and its permittees of the former Tidelands Fire Station
property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Mayor is authorized to execute an amendment to the third paragraph of
Section I of the February 26, 1963 agreement with the San Diego Unified Port District, to read
as follows:
The City shall retain the right of control and possession of all of
parcel 6-C, National City Tidelands, as shown on City of National
City Engineering Department Drawing, numbered 260-L, dated
October 2, 1956, and titled Tentative Tidelands Parceling;
excepting therefrom the westerly portion as determined by a line
lying parallel to and distant 158 feet westerly from the easterly
boundary of said parcel, which said parcel shall only and exclu-
sively be used for public safety or recreational Statewide purposes
and for no other uses or purposes whatsoever. City shall maintain
said parcel and any improvements thereon in good repair and shall
save the District harmless and indemnify it against all claims for
damage to property or injury to persons resulting from the use and
occupancy of said parcel by City. Whenever City discontinues or
ceases to use said parcel for said public safety or recreational
purposes, the right of control, use and the possession thereof shall
automatically revert to the District. City shall not transfer, lease,
license or otherwise allow any other party or entity to use, control
or enter into possession of any of said parcel without the prior
Resolution No. 94 — 30
Page 2 of 2
written consent of the Port Director of District, provided, howev-
er, City, for a term not to exceed five years, may sublease or
otherwise allow recreational non-profit organizations to use any of
said parcel without such consent.
Said amendment is on file in the Office of the City Clerk.
PASSED and ADOPTED this 15th day of March, 1994.
ATTEST:
,. C,�
Lori Anne Peoples, City Clerk
APPROVED AS TOM:
•
George H. Eiser, III
City Attorney
George H. aters, Mayor