HomeMy WebLinkAboutCC RESO 2002 - 141RESOLUTION NO. 2002-141
A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A
FIRST AMENDMENT TO THE FIVE-YEAR LICENSE
AGREEMENT BETWEEN SAN DIEGO GAS & ELECTRIC AND
THE CITY OF NATIONAL CITY FOR THE BAYSHORE
BIKEWAY."
This Resolution was not adopted at the
City Council Meeting of September 17, 2002
DATE: September 17, 2002
Michael R. Dada, CMC
City Clerk of the
City of National City
No+ AciopJ-ed
RESOLUTION NO. 2002 - 141
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A
FIRST AMENDMENT TO THE FIVE-YEAR LICENSE
AGREEMENT BETWEEN SAN DIEGO GAS & ELECTRIC
AND THE CITY OF NATIONAL CITY
FOR THE BAYSHORE BIKEWAY
WHEREAS, San Diego Gas & Electric (hereinafter "SDG&E) and the City of
National City entered into a license agreement on March 4, 1997; and
WHEREAS, the term of five (5) years, as set forth in paragraph 3 of the License,
expired on March 31, 2002; and
WHEREAS, pursuant to paragraph 5 of the License, the City desires to exercise
its option to extend the term of the license for an additional five (5) years beginning April 1, 2002.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute on behalf of the City a First Amendment to
the 1997 License Agreement with SDG&E for the Bayshore Bikeway. Said Amendment is on file
in the Office of the City Clerk.
PASSED and ADOPTED this 17th day of September, 2002.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
)''_
George H. Eiser, III
City Attorney
FIRST AMENDMENT TO LICENSE
THIS FIRST AMENDMENT TO LICENSE is made entered into effective April 1, 2002, by and
between SAN DIEGO GAS & ELECTRIC COMPANY, a California Corporation, hereinafter
"Licensor," and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter "Licensee,"
concerning the following facts:
Whereas, Licensor and Licensee entered into a License on March 4, 1997 (the "License"); and
Whereas, the term of five (5) years set forth in Paragraph 3 of the License expired March 31,
2002; and
Whereas, pursuant to paragraph 5 of the License, Licensee exercised its option to extend the term
of the license for an additional five (5) years beginning April 1, 2002; and
Whereas, Licensor and Licensee wish to amend the License as set forth herein.
Therefore, Licensor and Licensee agree as follows:
1. For valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Licensor and Licensee agree to amend the License in the following particulars only.
2. The term of the License is extended for five (5) years beginning April 1, 2002, and
ending March 31, 2007.
3. The base annual consideration commencing April 1, 2002, shall be Two Thousand Four
Hundred Dollars ($2,400.00), payable annually on April first of each year for the balance of the term of
the License, provided that beginning April 1, 2002 the annual consideration shall be increased by an
amount equal to the Consumer Price Index as set forth and described in paragraph 1 of Exhibit "B" to
the License.
4.
effect.
In all other respects the terms and provisions of the License remain in full force and
In witness whereof, Licensor and Licensee have executed this First Amendment to License
effective as of April 1, 2002.
San Diego Gas & Electric Company City Of National City
A California Corporation A Municipal Corporation
By: By:
Rand Wassem George H. Waters
Manager, Corporate Real Estate Mayor
BayshoreBikeLicenAgreeAmcnd -1