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HomeMy WebLinkAboutCC RESO 15,809RESOLUTION NO. 15,809 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HAAGEN GDH PARTNERSHIP BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to enter into an agreement with Haagen GDH Partnership for maintenance of a 36" storm drainage pipe (new Giant -Advantage Store at the southeast corner of 30th Street and Highland Avenue). A copy of said agreement is attached hereto as Exhibit "A." PASSED and ADOPTED this 6th day of December, 1988. ATTEST: Lori Anne Peoples,City Clerk APPROVED AS TO FORM: lD c. 4 George H. Eiser, III, City Attorney i Georg H. Waters, Mayor RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The Alexander Haagen Company, Inc. 3500 Sepulveda Boulevard P. 0. Box 10010 Manhattan Beach, CA 90266 Attn: Jeffrey A. Dinkin LICENSE AGREEMENT THIS LICENSE AGREEMENT (Agreement") is made this fc 1k day of DES,., 1988, by and between Haagen GDH Partnership, a California general partnership ("Developer"), and City of National City ("City"). WITNESSETH THAT, WHEREAS: A. Developer is the lessee under that certain ground lease captioned "GROUND LEASE", dated March 26, 1973, by and between Simon Aardema and Rosa Aardema, as lessor, and Santa Anita Development Corporation, as predecessor to Developer, as lessee, as amended by that certain agreement, dated March 27, 1973, captioned "AMENDMENT NO. 1 TO GROUND LEASE" and as further amended by that certain agreement, dated August 15, 1974, captioned "AMENDMENT NO. 2 TO GROUND LEASE" (which ground lease, as amended at any time or times will herein be called the "Ground Lease") covering certain land and the improvements thereon situated in National City, California, and more particularly described in Exhibit "A", hereunto annexed and made a part hereof (the "Property"). B. A storm drain pipe is located on the Property, which storm drain pipe is more particularly described in Exhibit "B", hereunto annexed and made a part hereof (the "Storm Drain"). In consideration of the respective undertakings of the parties hereinafter set forth, it is hereby agreed: 1. During the term of the Ground Lease, Developer grants to City the right to construct, install, repair, replace, remove, maintain and operate the Storm Drain. 2. City shall have the right of ingress and egress over and across the Property for the purposes permitted herein; provided, however, that any and all activity of City in connection with the construction, installation, repair, replacement or maintenance of the Storm Drain permitted hereunder shall be confined to and conducted within the area described in Exhibit "B" (the "Storm Drain Area"). 3. During any period of construction and/or excavation in the Storm Drain Area, City shall use such barricades and other safety measures and devices which are desirable and sufficient to protect the general public, including Developer's employees, agents, invitees and permitees, from and against any active or passive risk created by such construction and/or excavation. Any construction activities by City pursuant to this License Agreement shall be in compliance with any applicable governmental regulations, ordinances and restrictions. 4. Following any use of or activity in or on the Storm Drain Area by City, the Storm Drain Area and any of the Property as may be affected by such use or activity, shall be promptly restored by City to a good and clean condition and in any event to a condition substantially similar to that which existed prior to any such disturbance, including proper compaction of backfilled soil, and City shall restore any improvements thereon, including, but not limited to paved driveway or parking areas, fences, trees, irrigation lines, electrical wiring, shrubbery and sod, which are damaged as a result of any use of the Storm Drain. 5. City shall indemnify and hold harmless Developer and its agents, employees and contractors from and against all claims, damages, losses, suits and actions, including attorney's fees, arising out of or in any manner resulting from City's negligence in the installation, construction, operation, maintenance, repair, renewal, replacement or removal of the Storm Drain. License Agreement Page 2 6. By the acceptance of this License, City and Developer agree to and shall be bound by the terms, conditions and provisions of this License Agreement. 7. This License Agreement and the terms and provisions hereof shall inure to the benefit of, and shall to binding upon the successors ,?nd assigns of the parties. This License Agreement shall be recorded. 8. This License Agreement and the terms and provisions hereof shall automatically terminate upon the termination of the Ground Lease, and may be terminated by City at any time. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BY: a HAAGEN GDH PARTNERSHIP a Californiageneralpartnership Its: GENERAL PARTNER CITY OF NATIONAL CITY, Its: CITY MANAGER STATE. OF CALIFORNIA ) COUNTY OF /!) AVge5- ) ss. On 4W47/. `il- //, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared SEYMOUR KRESHEK, personally known to me (or proved to me on the basis of satisfactory evidence) to be GENERAL PARTNER of the partners of HAAGEN GDH PARTNERSHIP, a California general partnership, the partnership that executed the within instrument, any: acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL MILLIE S HOTTA NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My comm. expires JUL 23, 1989 (SEAL) STATE OF CALIFORNIA COUNTY OF SS. Notary Public On , 1988, before me, personally appeared , known to me (or proved to me on the oath of ) to be of , and known to me to be the person who executed the within instrument on behalf of said , and acknowledged to me that such executed the same. WITNESS my hand and official seal. Notary Public (SEAL) - 3 - 1AG20/R/6.14.88 GDH/National City PARCEL A: •PARCEL 1 OF PARCEL MAP NO. 1308 FILED FOR RECORD FEBRUARY 14, 973 AS FILE NO. 73-040424 OF OFFICIAL RECORDS, BEING A PORTION OF 20 ACRE LOT 4 IN QUARTER SECTION 134 AND OF 20 ACRE LOT 1 IN QUARTER SECTION 135 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PARCEL B: A SLOPE EASEMENT FOR SLOPE PURPOSES OVER THE SOUTHWESTERLY 30.00 FEET OF PARCEL 2 OF PARCEL MAP NO. 1308, FILED FOR RECORD FEBRUARY 14, 1973 AS FILE NO. 73-040424 OF OFFICIAL RECORDS, BEING A PORTION OF 20 ACRE LOT 4 IN QUARTER SECTION 134 AND OF 20 ACRE LOT 1 IN QUARTER SECTION 135 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. SAID SLOPE EASEMENT TO TERMINATE AT SUCH TIMES AS PARCEL 2 IS FILLED AND COMPACTED IN SUCH A MANNER THAT SAID SLOPE EASEMENT IS NO LONGER NECESSARY FOR THE SUPPORT OF PARCEL 1 (H£REINABOVE DESCRIBED) AND THE IMPROVEMENTS THEREON AS SUCH PARCEL 1 (HEREINABOVE DESCRIBED) AND IMPROVEMENTS ARE UTILIZED BY THE OCCUPANTS THEREOF. �; EXHIBIT "A" STORM DRAIN LICENSE LEGAL DESCRIPTION A STRIP OF LAND 10.00 FEET WIDE BEING A PORTION OF PARCEL 1, OF PARCEL MAP NO. 1308 IN THE CITY OF NATIONAL •CITY, COUNTY OF SAN DIEGO,'STATE OF CALIFORNIA FILED FEBRUARY.14, 1973 AS FILE NO. 73-040424 OF OFFICIAL RECORDS, THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF HIGHLAND AVENUE AND 30TH STREET AS SHOWN ON SAID PARCEL MAP; THENCE ALONG THE CENTERLINE OF 30TH STREET, N70°47'25"E, 566.00 FEET; THENCE S19°12'35"E, 40 FEET TO THE TRUE POINT OF BEGINNING; THENCE S42°12'35"E, 37.00 FEET; THENCE.N89°37'52"E, 311.20 FEET; THENCE N19°21'35"E, 411.00•FEET; THENCE S25°42'39"W, 94.00 FEET. . EXHIBIT "B"