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RESOLUTION NO. 9 4-17
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 I SE
BY THE CITY AND ITS PERMITTEES 0
FORMER TIDELANDS FIRE STAT S N
WHEREAS, the City of National City ity") and the San Diego Unified
Port District ("District") entered into an agreeme on or about February 26, 1963, in
which said parties defined certain lands to be tra ' sferred from City to District, clarified
the financial obligations of City and District, . d clarified future relations between City
and District; and
WHEREAS, the aforement •ned agreement contained Sections I through VI,
including Section I entitled "Property" , and
WHEREAS, City . d District desire to amend the third paragraph of
Section I, to allow recreational se by City and its permittees of the former Tidelands
Fire Station property.
NOW, TH ' EFORE, BE IT RESOLVED by the City Council of the City
of National City that e Mayor is authorized to execute an amendment to the third
paragraph of Section " of the February 26, 1963 agreement with the San Diego Unified
Port District, to re.. as follows:
T ' e City shall retain the right of control and possession of all
f 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 exclusively 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
Resolution No. 94-17
Page 2 of 2
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 written consent of the
Port Director of District, provided, however, 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 February, 1994.
George H. Waters, Mayor
ATTEST:
Lori Anne Peoples, City Clerk
APPROVED AS TO ORM:
air
George H. Eiser, III
City Attorney