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HomeMy WebLinkAbout2010 CON San Diego Port District - Pasha Parking "J"TEMPORARY USE PERMIT San Diego Unified Port District Document f ja` L L' 56815 Filed SLr fl z 21110 Office of the District Clerk THIS PERMIT, granted this and day of t J ►f �2r, 20 ID, by the SAN DIEGO UNIFIED PORT DISTRICT, a public cor ation, 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, and more particularly delineated on Drawing No. 028-007, dated January 27, 2005, 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 three (3) days, commencing on the 17th day of September, 2010, and ending on the 19th day of September, 2010, 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 18, 2010 and for no other purpose whatsoever without the prior written consent of the Executive Director of District in each 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. DUPLICATE - ORIGINAL 1 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 ten (10) days 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 ten (10) days, 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 now existing or 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 ten (10) days 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 ten (10) days 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 without payment to Permittee, except that District shall have the right to have the same removed at the expense of Permittee. During any period of time employed by Permittee under this Paragraph to remove structures, buildings, installations, improvements, machines, appliances, equipment and trade fixtures, Permittee shall continue to pay the full rental to District in accordance with this Permit which said rental shall be prorated daily. 8. Permittee hereby agrees that upon the expiration of this Permit or the sooner termination as herein provided, it will remove within ten (10) days 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 ten (10) days 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. 2 During any period of time employed by Permittee under this paragraph to remove ships, vessels, barges, hulls, debris, surplus and salvage materials, Permittee shall continue to pay the full rental to District in accordance with this Permit which said rental shall be prorated daily. 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 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. 3 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. 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. 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 attorneys fees and costs of suit. 4 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. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT J. Weymann ctor, Real Estate Permittee hereby accepts this Permit and agrees to comply with all the terms and conditions thereof. THE CITY OF NATIONAL CITY By tti, Print Name: Chris Zapata Print Title: Address: 1243 National City Blvd National City, CA 91950 City Manager SDUPD Doc. No. 429014 iri QI NOTE i. 1.•PERMIT.-AREA -SHOWN SHADED o . 2. BEARINGS 'AND DISTANCES ARE • o •BASED :ON THE CALIFORNIA o COORDINATE SYSTEM, ZONE 6, H N.A.D. 83, EPOCH 1991.35.o SAN DIEGO UNIFIED PORT: DISTRICT DALE 27 JANUARY 2005 g SCALE_NO SCALE L' R SURVEY W[TWN CORPORATE LIMITS OF NATIONAL owe . DRAWING Ha L+ HIA - a 007 026-022 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 „:1(tc 06, ,)}- 028-009 PER PARK SAN DIEGO UNIFIED PORT DISTRICT s NATIONAL CITY xy. 028-010 NATIONAL CITY MARINA SITE 1 GRAPHIC SCALE 0 25'- 50' 100' \ 1" .=.100' DATE 27 JANUARY 2005 SCALE 1"=100' REF F1EL0 SURVEY DRAWING 20F 2_ 028-007 DEVSERV\REMI \e028\02B-0W\02B-007_012705.dwg MEMORANDUM OF INSURANCE ISSUE DATE 8/19/2010 ALLIANT INSURANCE SERV CES, INC. P.O. BOX 6450 NEWPORT BEACH, CA 92658 6450 Ph (949) 756-0271 / Fax (949) 756-2713 License No. 0C36861 THIS MEMORANDUM IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPO N THE MEMORANDUM HOLDER. THIS MEMORANDUh DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE SHOWN BELOW. SAN DIEGO POOLED INSURANCE COVERAGE AFFORDED BY INSURED PROGRAM AUTHORITY AND MEMBER AGENCY OF LETTER A: INDIVIDUAL CITY'S SELF -INSURED RETENTION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 LETTER B. "San Diego Pooled Insurance Program Authority, A Public Agency." * MEMBER AGENCY OF THE SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY COVERAGE PER CA. GOVERNMENT CODE SECTION 990.4(a), 990.8(c) THIS IS TO CERTIFY THAT A MEMORANDUM OF INSURANCE BELOW HAS BEEN ENTERED INTO BY INSURED NAMED ABOVE AS AUTHORIZED BY CALIFORNIA GOVERNMENT CODE SECTION 990.4(a) AND 990.8(c) FOR THE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HERE IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF THE SUCH CONTRACT. LTR TYPE OF COVERAGE MEMORANDUM NUMBER MEMORANDUM EFFECTIVE DATE MEMORANDUM EXPIRATION DATE LIABILITY LIMITS EACH OCCURRENCE AGGREGATE A GENERAL AND AUTOMOBILE LIABILITY INCLUDING: ALL OWNED, HIRED AND NON -OWNED AUTOS SELF INSURED 07/01/10 07/01/11 BI & PD COMBINED 250,000 N/A PERSONAL INJURY INCL. B EXCESS LIABILITY* ` SDC 0025 07/01/10 07/01/11 BI & PD COMBINED 1,750,000 * * THE ABOVE NOTED MEMORANDUM OF INSURANCE IS A CLAIMS -MADE CONTRACT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS CERTIFICATE HOLDER, ITS OFFICERS, AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED AS RESPECTS TO TEMPORARY USE PERMIT AGREEMENT BETWEEN CITY OF NATIONAL CITY AND SAN DIEGO UNIFIED PORT DISTRICT COMMENCING ON SEPTEMBER 17, 2010 ENDING SEPTEMBER 19, 2010 FOR TEMPORARY VEHICLE PARKING FOR THE NATIONAL CITY ANNUAL MUSIC CONCERT. SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. Al MEMORANDUM HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED CONTRACTS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE AUTHORITY WILL ENDEAVOR TO MAIL 30 DAYS' WRITTEN NOTICE TO THE HOLDER NAMED HEREON BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORITY, OR ITS REPRFSENTATIVES. EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMUM. - SAN DIEGO UNIFIED PORT DISTRICT ATTN: AUDIT, RISK MANAGEMENT & SAFETY SA BOX 1 SAN DIEGO,O, CA CA 92112-0488 AUTHORIZED SIGNATURE ir."-',,,,er-ct:::-.-----741111------ G.l Client Files0San Diego Pooled lnsorence Program Ao" rily(SANDPIPA)Sendpipa\Sd-Liabildy\Sd-Lab-cerl_Sd Pool Liab Cert-Pri. doc Endorsement Per Contract Effective 7/1/10 Contract Number SDC 0025 ADDITIONAL INSURED ENDORSEMENT In consideration of the payment of premium, it is agreed for claims occurring and reported after 7/1 /98, that the following amendments / additions apply: 1. Section III — Persons and/or Entities Covered, is amended to include any person(s) or organization(s) when required in a written contract or agreement to provide coverage but only for Personal Injury or Property Damage liability which: a. is covered by this Memorandum of Insurance; and b. arises out of: 1. the normal course of the Named Covered Party's operations; or 2. ownership, maintenance or use of that part of the premises or land rented to or leased to and occupied by, the Named Covered Party; or 3. work performed for that Covered Party by the Named Covered Party; or 4. that Covered Party's financial control of the Named Covered Party; or 5. the maintenance, operation or Use by the Named Covered Party of any equipment or Automobile leased to you by such person(s) or Organization(s). 2. The limits of coverage afforded to such person(s) or organization(s) will bc: a. the minimum limits of coverage which the Named Covered Party agreed to provide; or b. the limits of coverage of this Memorandum of Insurance, whichever is less. Coverage provided under this Endorsement may be primary over any applicable insurance, and the Authority may provide a notice of cancellation if requested. Coverage provided under this Endorsement expires: a. when the written contract or agreement ceases; or b. when the Named Covered Party ceases to be a tenant in the premises. Attached to and forming part of Contract number SDC 0025 of the San Diego Pooled Insurance Program Authority Memorandum of Insurance. Dated at: Newport Beach this 19 day of Au uj t , 2010. By: thorized Representative Gd Qieni Files\S an Diego Fooled Insurance Progrzarn Authority(S.AN DP:PA)\Sandpipa\Sd-i hahility1Sd-Liabcer\I[hi I Sd-Pool AI-end.doc RESOLUTION NO. 2010 — 202 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A TEMPORARY USE PERMIT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE USE OF THE PASHA PARKING LOT "J" LOCATED ON PORT DISTRICT PROPERTY FOR TEMPORARY PARKING IN CONJUNCTION WITH THE FREE ANNUAL BAYFRONT EXPO AND CONCERT AT PEPPER PARK ON SEPTEMBER 18, 2010 WHEREAS, on September 18, 2010, the City of National City will present the free annual 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; and WHEREAS, due to time restraints, it was necessary to have the Temporary Use Permit signed by the City Manager prior to the September 7 City Council meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the required Temporary Use Permit with the San Diego Unified Port District 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 18, 2010. Said Temporary Use Permit is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of September 2010. on Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk PPROVED AS TO FORM: audia City Atto Passed and adopted by the Council of the City of National City, California, on September 7, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California i& City Jerk of the Ci of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-202 of the City of National City, California, passed and adopted by the Council of said City on September 7, 2010. City Clerk of the City of National City, California By: Deputy a009-`-\3 EXPLANATION City of National City, California COUNCIL AGENDA STATEMENT MEETING DATES Sept. 7, 2010 AGENDA ITEM NO. 11 ao 3 • \- aG ITEM TITLE Resolution of the City Council of the City of National City, ratifying the City Manager'' 1 signature of the Port of San Diego TUP Application for use of the PASHA Parking Lot "J" located on Port property, for temporary parking in conjunction with the free concert at Pepper Park on 918/10. PREPARED BY Brenda Hodges x 44" DEPARTMENT Community Services The Port of San Diego requires us to obtain a Temporary Use Permit to temporarily use PASHA Parking Lot "J" for our annual Bayfront Concert. The TUP paperwork had to be submitted prior to the 9/7/10 Council Meeting. After review by the City Attorney and the Risk Manager, the City Manager signed the permit paperwork, so that it could be submitted. Since the permit contains indemnification language, Council approval is required to ratify this action. Environmental Review Financial Statement none ✓ N/A Account No. none STAFF RECOMMENDATION Approve Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. d 0 ' 0 a 0 'A Port TUP Agreement for use of PASHA's "J" Lot Resolution A-200 (9/80)