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HomeMy WebLinkAbout2008 CON San Diego Port District - Pasha Parking "J"NOTE TO FILE 03-24-10 IN THE MATTER OF: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Temporary Use Permit with the San Diego Unified Port District for National City's use of Pasha Parking Lot "J" located on Port District property for temporary parking in conjunction with a free Bayfront Expo and Concert Program at Pepper Park. Please note the following: A FULLY EXECUTED ORIGINAL TEMPORARY USE PERMIT NEVER FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: _ CDC Housing & Grants _ City Attorney _ Human Resources City Manager _ MIS X Community Svcs. _ Planning Engineering _ Police Finance Public Works Fire • 09-08-08 — Per Kaseem Baker, the Port District signed two original copies and they kept both copies. NTF TEMPORARY USE PERMIT THIS PERMIT, granted this 'Wm day of �uQtEMOcQ, , 20 0%, by the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," to THE CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "Permittee," WITNESSETH: District for the considerations hereinafter set forth, hereby grants to Permittee upon the terms and conditions and for the purposes and uses hereinafter set forth, the right to use and occupy a portion of those lands conveyed to the San Diego Unified Port District by that certain Act of the Legislature of the State of California, entitled "San Diego Unified Port District Act," Stats. 1962, 1st Ex. Sess., c. 67, as amended, which lands are generally described as follows: Approximately 145,811 square feet of land located at the southeast corner of 32nd Street and Tidelands Avenue in National City, California, as more particularly delineated on Drawing No. 028-007, attached hereto as Exhibit "A" and by this reference made a part hereof. This Permit is granted upon the following terms and conditions: 1. The term of this Permit shall be for five (5) days, commencing on the 11th day of September, 2008, and ending on the 15th day of September, 2008, unless sooner terminated as herein provided. 2. As and for consideration, Permittee agrees to provide the services as described in Paragraph 3 herein for the benefit of the People of the State of California. 3. The above -described premises shall be used only and exclusively for the purpose of providing temporary vehicle parking for the National City Annual Music Concert at the adjacent Pepper Park to be held on September 13t1, 2008 and for no other purpose whatsoever without the prior written consent of the Executive Director of District in each 1 instance. Permittee shall be responsible in providing lighting, security, parking and traffic control at the premises. 4. Permittee shall comply with all applicable laws, rules and regulations of District and other governmental entities. 5. Permittee shall keep the property and all equipment used in connection with this Permit in a clean, safe, sound and presentable condition at all times. 6. Permittee acknowledges prior examination of the premises and the condition thereof, and agrees that the improvements thereon, if any, are, in their present condition, satisfactory and usable for Permittee's purposes and that no representations as to value or condition have been made by or on behalf of the District. Permittee agrees that it shall make no changes or alterations in the premises, nor make, erect, or install any machines, signs, or other improvements thereon without the consent in writing of the Executive Director of District. Permittee further agrees to provide proper containers for trash and to keep the premises free and clear of rubbish, debris, and litter at all times. 7. On the commencement date of the term of this Permit, all existing structures, buildings, installations, and improvements of any kind located on the above -described premises are owned by and title thereto is vested in District. All structures, buildings, installations, and improvements placed on the above -described premises by Permittee subsequent to the commencement date of the term of this Permit shall at the option of District be removed by Permittee at Permittee's expense within twenty-four (24) hours after the expiration of the term of this Permit or sooner termination thereof. District may exercise said option as to any or all of the structures, buildings, installations, and improvements, either before or after the expiration or sooner termination of this Permit. If District exercises such option and Permittee fails to remove such structures, buildings, installations, and improvements within said twenty-four (24) hours, District shall have the right to have such structures, buildings, installations, and improvements removed at the expense of Permittee. As to any or all structures, buildings, installations, and improvements owned by Permittee for which District does not exercise said option for removal, title thereto shall vest in District, without cost to District and without payment to Permittee. Machines, appliances, equipment, and trade fixtures of any kind hereafter placed on the above -described premises by Permittee are owned by and title thereto is vested in Permittee and shall be removed by Permittee within twenty-four (24) hours after the expiration of the term of this Permit or sooner termination thereof; provided, however, Permittee agrees to repair any and all damage occasioned by the removal thereof. If any such machines, appliances, equipment, and trade fixtures are not removed within twenty-four (24) hours after the termination of this Permit, the same may be considered abandoned and shall thereupon become the property of District without cost to District and 2 without payment to Permittee, except that District shall have the right to have the same removed at the expense of Permittee. 8. Permittee hereby agrees that upon the expiration of this Permit or the sooner termination as herein provided, it will remove within twenty-four (24) hours all ships, vessels, barges, hulls, debris, surplus, and salvage materials from the area forming a part of or adjacent to the above -described premises, so as to leave the same in as good condition as when first occupied by Permittee, subject to reasonable wear and tear; provided, however, that if any said ships, vessels, barges, hulls, debris, surplus, and salvage materials shall not be so removed within twenty-four (24) hours by Permittee, District may remove, sell, or destroy the same at the expense of Permittee; and Permittee hereby agrees to pay District the cost of such removal, sale, or destruction; or at the option of District, the title to said ships, vessels, barges, hulls, debris, surplus, and salvage materials not removed shall become the property of District. 9. This Permit may be canceled by Executive Director of District or his duly authorized representative or Permittee by the giving of twenty-four (24) hours' notice in writing to the other party. Such cancellation shall be without liability of any nature. 10. This Permit shall not be transferred or assigned. 11. Permittee shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless District and its officers, employees, and agents for any and all liability, claims, judgments, damages, proceedings, orders, directives, costs, including reasonable attorneys' fees, or demands arising directly or indirectly out of the obligations undertaken in connection with this Agreement, or Permittee's use, occupancy, possession or operation of the above -described Premises, except claims or litigation arising through the sole negligence or willful misconduct of District. It is the intent of this Paragraph that Permittee indemnify and hold harmless District for any actions of Permittee or District, including duties that may be legally delegated to Permittee or to third parties, except for those arising out of the sole negligence or willful misconduct of District. This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of Permittee's use, occupancy, possession, or operation of the above -described Premises, or arising from any defect in any part of the above -described Premises. 12. Permittee shall not engage in any activity on property of District other than the activity for which this Permit is expressly issued. 13. Permittee shall be subject to and comply with any special conditions attached hereto. 14. Permittee shall maintain "OCCURRENCE" form Commercial General Liability Insurance covering premises and operations in the amount of not less than. Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage suffered or alleged to be suffered by any person or persons 3 whatsoever resulting directly or indirectly from any act or activities of Permittee, of any person acting for it or under its control or direction, or any person authorized by it to use the above -described premises. Either the general aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the required occurrence limit. All required insurance shall be in force the first day of the term of this Permit. All insurance companies must be satisfactory to District, and the cost of all required insurance shall be borne by Permittee. Certificates in a form acceptable to District evidencing the existence of the necessary insurance policies, and original endorsements effecting coverage required by this clause, shall be kept on file with District during the entire term of this Permit. Certificates for each insurance policy are to be signed by a person authorized by that insurer to issue evidence of coverage on its behalf. Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The District reserves the right to require complete, certified copies of all required policies at any time. All liability insurance policies will name, or be endorsed to name, District, its officers, officials and employees as additional insureds and protect District, its officers, officials and employees against any legal costs in defending claims. All insurance policies will be endorsed to state that coverage will not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to the District. And, all insurance policies will be endorsed to state that Permittee's insurance is primary and not excess or contributing to any insurance issued in the name of District. Any deductibles or self -insured retentions must be declared and acceptable to the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the District, its officers, officials, and employees; or, the Permittee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. District shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of District, the insurance provisions in this Permit do not provide adequate protection for District and/or for members of the public, District may require Permittee to obtain insurance sufficient in coverage, form and amount to provide adequate protection. District's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of risk which exist at the time a change in insurance is required. District shall notify Permittee in writing of changes in the insurance requirements and, if Permittee does not deposit certificates evidencing acceptable insurance policies with District incorporating such changes within sixty (60) days of receipt of such notice, this Permit shall be in default without further notice to Permittee, and District shall be entitled to all legal remedies. 4 The procuring of such required policies of insurance shall not be construed to limit Permittee's liability hereunder, nor to fulfill the indemnification provisions and requirements of this Permit. Notwithstanding said policies of insurance, Permittee shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this Permit or with the use or occupancy of the above -described premises. Permittee may satisfy the requirements of this Section 14 by maintaining its lawful self - insured status during the term of this Permit. 15. In the event any suit is commenced to enforce, protect or establish any right or remedy of any of the terms and conditions hereof, including without limitation a summary action commenced by District under the laws of the State of California relating to the unlawful detention of property, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 16. Permittee shall comply with all requirements and directives of the Executive Director of District. 17. By signing this Permit, Permittee represents and warrants that it has independently inspected the premises and made all tests, investigations and observations necessary to satisfy itself of the condition of the premises. Permittee agrees it is relying solely on such independent inspection, tests, investigations and observations in making this Permit. Permittee also acknowledges that the premises are in the condition called for by this Permit, that District has performed all work with respect to premises and that Permittee does not hold District responsible for any defects in the premises. Permittee furthermore accepts and shall be responsible for any risk of harm to any person and property, including without limitation employees of Permittee, from any latent defects in the premises. 5 18. Disputes or disagreements between or among the parties arising out of or relating to the terms, conditions, interpretation, performance, default or any other aspect of this Permit, such parties shall first attempt to resolve the dispute informally. In the event the dispute is not resolved informally, prior to and as a precondition to the initiation of any legal action or proceeding, the parties shall refer the dispute to mediation before a retired State or Federal judge mutually selected by the parties. The dispute shall be mediated through informal, nonbinding joint conferences or separate caucuses with an impartial third party mediator who will seek to guide the parties to a consensual resolution of the dispute. The mediation proceeding shall be conducted within thirty (30) days (or any mutually agreed longer period) after referral, and shall continue until any party involved concludes, in good faith, that there is no reasonable possibility of resolving the dispute without resort to a legal action or proceeding. All costs of the mediation shall be shared equally by the parties involved. Each party shall bear its own attorneys' fees and other costs incurred in connection with the mediation. In the event the parties are unable to resolve the dispute through mediation, in addition to any other rights or remedies, any party may institute a legal action. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT By By Ron Popham Senior Director, Maritime Permittee hereby accepts this Permit and agrees to comply with all the terms and conditions thereof. THE CITY OF NATIONAL CITY By Print Name: 40a // /D, i 1 o Print Title: Mayor, City of National City Address: 1243 National City Boulevard National City, CA 91950-4301 6 NOTE: 1. -PERMIT. AREA SHOWN SHADED 2. BEARINGS AND DISTANCES ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, N.A.D. 83, EPOCH 1991.35. SAN DIEGO UNIFIED PORT DISTRICT W[TFUN CORPORATE UMFTS OF NATIONAL CITY EXHIBIT A i N DATE 27 JANUARY 2005 SCALE NO SCALE REF. SURVEY DRAWING NO. SHEET 14F 2 028-007 027-003 THE PASHA GROUP PARCEL NO. 7 026-022 B. N.S. F. 028-013 P.O.C. 3"DIA. BRASS DISK . MONUMENT STAMPED. "SDUPD-020" AS SHOWN ON :R.O.S. NO.16668 cHEcK D/4, � SAN DIEGO UNIFIED PORT DISTRICT jt.-�3d7:�1111 — REN1E1AIEIY�U• G0141. YLl jlj WiTH1N «• • :ill_ II- Ti0NAL cm( li1�l% Wlf 028-009. PER PARK N 028-010 NATIONAL CITY 1 MARINA SITE GRAPHIC SCALE 0 25' 50' 100' 1�=100' DATE 27 JANUARY 2005 SCALE 1"100' REF. FlELD SURVEY DRAWING NO. SKEET 2.0F 2_ 02V 00 DEVSERV\REMI\e028\028-007\02B-007_012705.dw9 RESOLUTION NO. 2008 — 179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY USE PERMIT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR NATIONAL CITY'S USE OF PASHA PARKING LOT "J" LOCATED ON PORT DISTRICT PROPERTY FOR TEMPORARY PARKING IN CONJUNCTION WITH A FREE BAYFRONT EXPO AND CONCERT PROGRAM AT PEPPER PARK WHEREAS, on September 13, 2008, the City of National City will present the annual free Bayfront Expo and Concert Program at Pepper Park for the benefit of its citizens; and WHEREAS, the San Diego Unified Port District requires the City to execute a Temporary Use Permit for use of PASHA Parking Lot "J", which is located on San Diego Unified Port District Property, for additional public parking for the event. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the execution of the required Temporary Use Permit for the use of Pasha Parking Lot "J", which is located on San Diego Unified Port District Property, to provide parking for members of the public attending the annual Bayfront Expo and Concert Program at Pepper Park on September 13, 2008. Said Permit is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of September, 2008. ATTEST: ajAdj171 if/ad Mic el R. Dalla, Ci Clerk APPROVED AS TO FORM: George H Eiser, III City Attorney RdfY Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on September 2, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California // City • lerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-179 of the City of National City, California, passed and adopted by the Council of said City on September 2, 2008. City Clerk of the City of National City, California By: Deputy