HomeMy WebLinkAboutCUP 260; PALOMAR TRANSFER STATION; Conditional Use Permit (CUP)V ! • ----...--.:-:--------&
..• ~AND us.fPLANNINGI AWPLICAT10N . .
DISCRETIOOARY ACI'IOOS
REQUEST
□ Zone Change _
□ General Plan Ameooment
□ Tentative Tract Map
□ Major Planned Unit Developnent
□Master Plan
□Major Redevelopment Permit
D Minor Redevelopment Penni t
□Precise De~~lopment Plan
(check other tx:>xes if appropriate)
□Specific Plan
□Site Development Plan
lKlCondi tional Use Penni t
OVariance
ClPlannin:J Carmission Detennination
□Special Use Pennit
□structure Relocation
OMajor Condominium Permit
ete Descr1pt1on o ProJect att necessary
The subject property is an existin as the Palomar Tr
Station. The building is owned by the County of San Die o and js leased to Coast
Waste Management, Inc. It is the intent of Coast Waste Management, Inc. to relocate
its existing municipal solid waste o eration from Ponto Drive Carlsbad to he
existing building formerly known as the Palomar Transfer Station. The operation will
-include a public bu -back rec clin cen er.
Legal Description (canplete}
Portions of Lots A and Bat Rancho A ua Hedionda in the Cit e Map thereof No. 823 filed in the Office of the Council Recorder of San Die o on
sessors Paree N November 16, 1896. 209-050-17
Zone
M-Q
Proposed Zone
N/A
~t Lessee
Name (Print or Type)
Pan
P. I.
Proposed General Plan
N/A
Coast Waste Management, Inc.
a1 ln:J Address
P. 0. Box 947
Use
Existing building, no changes requested
Site Acreage
5.5::
licant
Name (Print or Type)
Coast Waste Management, Inc.
Ma1l1n:J Address
P. 0. Box 947
City and State Zip Telephone City and State Zlp
Carlsbad, CA 92008 (6l9)753-9412 Carlsbad, CA 92008 -(619)753-9412
*LESSEE I CERI'IFY '!HAT I AM '!HE ~~ AND I CERI'IFY '!HAT I AM 'lHE OHR S REPRESENTAT
T ALL '!HE PSJVE INFORMATIOO IS 'mUE AND 'lHAT ALL 'lHE AOOVE INFORMATIOO IS TROE
a:>RRECT '10 '!HE BES OF MY KNCMLEOOE. AND (X)RREC!' 'IO_ '!HE BEST OF MY I<NOlIEDGE.
cup 2-(stJ
' ______________ ....
\
If after the
'' • -Lhat further
APPLICANT:
AGENT:
~Xi»~~:
PRESIDENT
information you have submitted has been reviewed, it is determined.
informatio. re~ired, you wi.J.l be so ad.ed.
Coast Waste Management, Inc.
Name (individual, partnership, joint venture, corporation, syndication}
P. 0. Box 947~ Carlsbad, CA 92008
Business Address
(619)753-9412
Telephone Number
Edwa_rd Boersma
Name
P. 0. Box 947, Carlsbad; CA 92008
Business Addr~s~
(619)75j-·94f2 •
Telephone Number
Arie de Jong, Jr.
Name ·(individual, partner, joint.
v~nture, corporation,. syndication)
P. 0. Box 947, Carlsqad, CA 92008
Business Address
(619)753-9412
Telephone Number
3~siness Address
Telephone NT.ltlll::ler
..
622 E. Mission Rd., San Marcos, CA ..
Home 1'..ddress 92069
(619)744-3221
Telephone Number
Home Address
Telep~ne ~lumber
(Attach more sheets if necessary}
I/We decl~e under penalty of perjury that the information contained in this dis
closure is true and correct and that it will remain true and correct and may be·
re~ied upon as being true and correct until amended.
Arie de Jong, Jr.
Applicant
•
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
•
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map~ i.e.,
Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time limits are often exceeded.
If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his agent. If
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission-and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete to properly review.all of the applications.
Date
. .
Name (Print) Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
l ' ~ • •
. •..
~:LU .. J-\ .::>, n..:.~ 1 •WI .,,; ""
SAN DIEG.CALIFOR~IA 92112 619-239-6081 • PRELIMINARY REPORT
SEPTEMBER 11, 1984
CITY OF CARLSBAD
ATTN: RICHARD ALLEN
1200 ELM STREET
CARLSBAD, CALIFORNIA 92008
YOUR REFERENCE: PARCEL MAP c: o 1-o 5"'.t' --·2. fb
OUR ORDER NO. : 1125041 r··-:,r c ·:-y n~t)::r~/ @SAR-:,ry C81Yit..-ift •
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS
THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE
HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND
AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING
AGAINST toss WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT
EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS
AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. COPIES OF THE
POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH
ISSUED THIS REPORT.
THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AT 7:30 A.M. AS OF SEPTEMBER 4, 1984
TITLE OFFICER: PROVENCE/RUHRUP
SIGNED: _z~~------------
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
( ) ALTA RESIDENTIAL TITLE INSURANCE POLICY -1979
( ) ALTA LOAN POLICY -1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE
(AMENDED 10-17-70)
( ) CLTA STANDARD COVERAGE POLICY -1973
( ) ALTA OWNER'S POLICY FORM B -1970 (AMENDED 10-17-70)
1125041 PAGE 1
" ·-1 ........ ·-
• •
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT
IS: A FEE AS TO PARCEL 1; AN EASEMENT AS TO PARCEL 2 AND 3
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CITY OF CARLSBAD, A MUNICIPAL CORPORATION
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL
ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1984-85
A LIEN NOT-YET PAYABLE.
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE
OF CALIFORNIA
TAXES NOT ON ROLL
2. EASEMENTS AND RIGHTS OF WAY FOR ROAD AND PUBLIC UTILITIES, AND
APPURTENANCES THERETO, AS RESERVED AND CONVEYED BY VARIOUS DEEDS
OF RECORD
AFFECTS : EASEMENT PARCELS 2 AND 3
3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN
AND INCIDENTAL PURPOSES:
IN FAVOR OF JAMES KELLY, ROBERTS. KELLY, ELLEN K. HALL, ALICE K.
MORRISON AND LILLIE KELLY ORTEGA
FOR ROADS AND RIGHTS OF WAY THEN EXISTING TRAVELED OVER AND
ACROSS ANY PORTION OF THE PROPERTY HEREIN DESCRIBED,
TOGETHER WITH THE RIGHT AND EASEMENT TO INSTALL ANY POLES,
WIRES, PIPES OR SIMILAR UTILITY STRUCTURES
RECORDED JULY 29, 1936 IN BOOK 541, PAGE 244 OF DEEDS
4. AN ASSIGNABLE EASEMENT AND RIGHT OF WAY AS RESERVED IN DEED RECORDED
JUNE 30, 1982, AS FILE NO. 82-201566 FOR THE USE AND BENEFIT OF
THE PUBLIC, FOR THE FREE ANO UNOBSTRUCTED PASSAGE OF
AIRCRAFT IN, THROUGH, AND ACROSS ALL THE AIR SPACE ABOVE A
PLANE HEREIN KNOWN AS THE INNER HORIZONTAL SURFACE WHICH .IS
1125041 PAGE 2
\ •. -·.~·r:!t¥f}t1-1
• •
ESTABLISHED AT AN ELEVATION OF 478.15 FEET ABOVE MEAN SEA LEVEL
BASED ON NORTH AMERICAN DATUM OF 1929. •
SAID DEED CONTAINS CERTAIN LIMITATIONS UPON THE USE OF THAT
PORTION OF THE HEREIN DESCRIBED LAND LYING WITHIN SAID EASEMENT.
1125041 PAGE 3
'
• • THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
, CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY
OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN
DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON
SAID MAP NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH
89°54 1 00" EAST, 23.41 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED
IN DEED TO NORTH COUNTY INVESTMENTS, RECORDED JUNE 16, 1971 AS FILE NO.
126673; THENCE RETRACING ALONG SAID BOUNDARY NORTH 89°54'00" WEST, 23.41
FEET TO SAID POINT 14 OF LOT "B"; THENCE ALONG THE BOUNDARY OF SAID LAND
OF NORTH COUNTY INVESTOR 1 S AS FOLLOWS: SOUTH 54°15'33" WEST, 326.48 FEET;
SOUTH 50°55'35" WEST 1788.65 FEET; SOUTH 01°28'24" WEST, 787.30 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH
10°46'15" WEST, 1337.68 FEET; THENCE LEAVING SAID BOUNDARY, SOUTH
79°13'45" EAST, 703.35 FEET; THENCE NORTH 30°28'48" EAST, 900.00 FEET;
THENCE NORTH 30°31'12'' WEST, 800 FEET; THENCE SOUTH 87°45'29" WEST, 491.S9
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER, UNDER,
THROUGH AND ACROSS ALL THAT PORTION OF SAID LOT "B'' OF RANCHO AGUA
HEDIONDA LYING WITHIN A STRIP OF LAND 48.00 FEET, JHE SIDELINES OF SAID
STRIP LYING 24.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTER LINE:
COMMENCING AT THE MOST SOUTHERLY CORNER OF THAT LAND DESCRIBED IN
PARCEL 1 OF DEED TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED
AUGUST 3, 1973 AT FILE/PAGE NO. 73-215694 IN THE SAN DIEGO COUNTY
RECORDER'S OFFICE, BEING ALSO THE MOST SOUTHERLY CORNER OF THAT CERTAIN
6.459 ACRE PARCEL SHOWN ON RECORD OF SURVEY NO. 7845 FILED IN SAID RECORDER'S OFFICE ON MARCH 8, 1974; THENCE ALONG THE SOUTHWESTERLY
PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID 6.459 ACRE PARCEL SOUTH
51°17'15" WEST (RECORD NORTH 51°25'00" EAST PER SAID R.O.S. 7845) 55.00
FEET TO A POINT ON THE CENTER LINE OF EL CAMINO REAL, ROAD SURVEY 1800-1,
A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID
COUNTY; THENCE ALONG SAID CENTER LINE SOUTH 38°42'45" EAST, (RECORD NORTH
33°11'55" WEST PER SAID R.S. 1800-1) 141.28 FEET TO ENGINEER'S STATION 329
PLUS 50.00 THEREON, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID CENTER LINE NORTH 37°51'42" EAST, 480.00 FEET TO THE
BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
81°50'49", A DISTANCE OF 499.97 FEET; THENCE TANGENT TO SAID CURVE, NORTH
43°59'07" WEST, 172.23 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT
1125041 PAGE 4
~~i{i~t,~:tl~'f"::z~i:s,,,,,,,
'., :,{(::~;;:~:.}:i:;~;-~~tiv.:
• •
RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 54°45'22" A DISTANCE OF 334.49 FEET;
THENCE TANGENT TO SAID CURVE NORTH 10°46'15" EAST, 518.39 FEET TO A POINT
ON THE SOUTHEASTERLY LINE OF PARCEL 1 HEREINABOVE DESCRIBED ABOVE SAID
POINT BEING THE POINT OF TERMINUS.
PARCEL 3:
AN EASEMENT FOR THE RIGHT TO CONSTRUCT DRAINAGE FACILITIES AND ALSO
TO DRAIN ANY PORTION OF PARCEL 1 HEREINABOVE DESCRIBED OVER SAID EASEMENT,
BEING A PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, MAP NO. 823,
FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF
CALIFORNIA, ON NOVEMBER 16, 1896; SAID EASEMENT BEING 20.00 FEET WIDE,
10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT POINT 14 OF SAID LOT 11 B11 AS DESCRIBED ON SAID
MAP NO. 823, THENCE SOUTH 54°15'33" WEST, A DISTANCE OF 326.48 FEET;
THENCE SOUTH 50°55 1 35" WEST, A DISTANCE OF 1788.65 FEET; THENCE SOUTH
01°28 1 24" WEST, A DISTANCE OF 787.30 FEET, SAID POINT ALSO BEING THE
NORTHWESTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE WESTERLY BOUNDARY
OF SAID PARCEL 1; SOUTH 10°46 1 15" WEST, A DISTANCE OF 1337 .68 FEET, SAID -
POINT ALSO BEING THE SOUTHWESTERLY CORNER OF SAID PARCEL 1; THENCE ALONG
THE SOUTHERLY BOUNDARY OF SAID PARCEL 1, SOUTH 79°13 1 45" EAST, A DISTANCE
OF 703.35 FEET, SAID POINT BEING THE SOUTHEASTERLY CORNER OF SAID PARCEL
1; THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 1; NORTH
30°28 1 48" EAST, A DISTANCE OF 150.00 FEET TO THE CENTER LINE OF SAID
DRAINAGE EASEMENT, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID
POINT BEING ALSO ON THE ARC OF A 300.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY; A RADIAL LINE TO SAID CURVE TO SAID POINT BEARS NORTH
52°58 1 48 11 EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 34°00 1 00 11 A DISTANCE OF 178.02 FEET; THENCE TANGENT TO
SAID CURVE SOUTH 71°01 1 12" EAST, A DISTANCE OF 375.00 FEET TO THE POINT OF
TERMINIUS.
1125041 PAGE 5
• RgcoRDING REQUEStED BY AND )
WHEN RECORDED MAIL to: ) •
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 209-050-17 ------------------
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 27thday of November
by and between
Coast Waste Management, Inc.
(Name of Developer)
, 19 84
a Corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is
7204 Ponto Drive
Street
Carlsbad, CA 92008
(City, State, Zip Code)
and County of San Die~o
Name of Legal Owner)
a , hereinafter referred to as __ (,,_C_o_r_p_o_r_a_t....,.i_o_n_, __ e_t_c-,""')..----------
" Owner" whose address is
1600 Pacific HiJhway
(Street
San Diego, CA 92101
(City, State, Zip Code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
REV 4-2-82
• RECITALS •
WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
lease WHEREAS, Developer has contracted with Owner to ~M~.)00(«•~ the
Property and proposes a development project as follows: To lease the
building formerly known as the Palomar Transfer Station
on said Property, which development carries the proposed name of
Coast Waste Management, Inc.
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 5th day of September -----
19~, with the City a request for a Conditional Use Permit to use the
existing building located at 5960 El Camino Real, Carlsbad, CA, formerly known as
the Palomar Transfer Station.
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and incorporated by this reference); and_
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, on file with the City
Clerk and incorporated by this reference, and that the City's public
facilities and services are at capacity and will not be available to
accommodate the additional need for public facilities and services
resulting from the proposed Development; and
-2-
REV 4-2-82
• • WHEREAS, Developer and Owner have asked the City to find that
public facilities and services will be available to meet the future
needs of the Development as it is presently proposed; but the
Developer and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities~ and, therefore, Developer and
Owner propose to help satisfy the General Plan as implemented by
Council Policy No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. The Developer and Owner shall pay to the City a public
facilities fee in an amount not to exceed 2; of the building permit
valuation of the building or structures to be constructed in the
Development pursuant to the Request. The fee shall be paid prior to
the issuance of building or other construction permits for the
development and shall be based on the valuation at that time. This
fee shall be in addition to any fees, dedications or improvements
required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. Developer and Owner shall pay a fee for conversion of existing
building or structures into condominiums in an amount not to exceed 2%
of the building permit valuation at the time of conversion. The fee
for a condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
-3-
REV 4-2-82
• •
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
development is intended. Developer and Owner shall pay to City a
public facilities fee in the sum of $1,150 for each mobilehome space
to be constructed pursuant to th~ Request. The fee shall be paid
prior to the issuance of building or other construction permits for
the development. This fee shall be in addition to any fees,
dedications or improvements required according to Titles 18, 20 or 21
of the Carlsbad Municipal Code.
2. The Developer and Owner may offer to donate a site or sites
for public facilities in lieu of all or part of the financial
obligation agreed upon in Paragraph 1 above. If Developer and Owner
offers to donate a site or sites for public facilities, the City shall
consider, but is not obligated to accept the offer. The time for
donation and amount of credit against the fee shall be determined by
City prior to the issuance of any building or other permits, Such
determination, when made, shall become a part of this agreement.
Sites donated under this paragraph shall not include improvements
required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General
Plan. If the fee is not paid as provided herein, the City will not
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
-4-
REV 4-2-82
• •
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide dpon request reasonable assurances to
enable Developer and Owner to comply with any requirements of other
public agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs. of the Development herein
described.
6. All obligations hereunder shall terminate in the event the
Requests made by Developer are not approved,
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If notice is given to the City of personal delivery
thereof to the City or by depositing same in the United States Mail,
addressed to the City at the address set forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
-s-
REV 4-2-82
• •
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer, Owner and the City, and references to Developer, Owner
or City herein shall be deemed to be reference to and include their
' respective successors and assigns without specific mention of such
successors and assigns. 1f Developer should cease to have any
interest in the Property, all obligations of Developer hereunder
shall terminate; provided, however, that any successor of Developer's
interest in the property shall have first assumed in writing the
Developer's obligations hereunder.
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate;
provided, however, that if any successor to the Owner's interest in
the Property is a stranger to this agreement, such successor has first
assumed the obligations of owner in writing in a form acceptable to
City.
9. This agreement shall be recorded but shall not create a lien
or security interest on the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
Ill
Ill
Ill
Ill
-6-
REV 4-2-82
• •
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
j_ ~ R. J. Massman
r(Name)
(Signature)
(Name)
(Signature)
ATTEST:
-Public Works
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
DEVELOPER:
Coast Waste
BY
TITLE ---------------
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY --,---------------City Manager
(Notarial acknowledgement of execution by DEVELOPER and OWNER must be
attached.)
-7-
REV 4-2-82
• •
EXHIBIT "A"
LE~AL DESCRIPTION
Assessors Parcel Number 209-050-17, portions of Lots A & B
at Rancho Agua Hedionda in the City of Carlsbad according
to map thereof, Number 823 filed in the office of the County
Recorder of the County of San Diego on November 16, 1896.
•
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
on November 27th, 1984 , before
Notary Public in and for said State,
•
me, the undersigned a
personally appeared
Arie de Jong, Jr.
known to me or proved to me on ~he basis of
evidence to be the person_ whose name
to. this instrument, and acknowledged that
the same.
personally
satisfactory
is subscribed
he executed
Witness my hand and official seal.
Michael K. Dybka
Name (typed or printed)
.. .... ......................... .
♦ OFFICIAL SE/IL !
.. t ,,___....,.,,........, MICHAEL K. DYBKA •
} Notary Publ1c-Califorrna l
Principal Office In ! t ~la.t:::lv San Diego County • f y Comm. Exp. Sept. 24, 1985 ! .. . ......................... .
-4-
~~~ORDING REQUESTED ~D
WHEN RECORDED MAI~ TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
)
)
)
)
)
)
.... • ...
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Jid1~
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 209-050-17 ------------------
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 27thday of November
by and between
Coast Waste Management, Inc.
(Name of Developer)
, 19 84
a Corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is
7204 Ponto Drive
Street
Carlsbad, CA 92008
(City, State, Zip Code)
and County of San Die~o
Name of Legal Owner)
a , hereinafter referred to as _ __,_( _C_o_r_p_o_r_a_t"""i_o_n_, __ e_t_c-.-5---------
" 0wn er" whose address is
1600 Pacific Hirhway
(Street
San Diego, CA 92101
(City, State, Zip Code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
REV 4-2-82
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RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
lease
WHEREAS, Developer has contracted with Owner to ~M~.>ob<~l~ the
Property and proposes a development project as follows: To lease the
building formerly known as the Palomar Transfer Station
on said Property, which development carries the proposed name of
Coast Waste Management, Inc.
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 5th day of September -----
19 84, with the City a request for a Conditional Use Permit to use the
existing building located at 5960 El Camino Real, Carlsbad, CA, formerly known as
the Palomar Transfer Station.
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and incorporated by this reference); and,
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, on file with the City
Clerk and incorporated by this reference, and that the City's public
facilities and services are at capacity and will not be available to
accommodate the additional need for public facilities and services
resulting from the proposed Development; and
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REV 4-2-82
• • FEE: •· $175.00
RECEIPT NO:
ENVIRONMENTAL IMPACT ASSESSMENT FORM -Part I
(TO Be Completed by APPLICANT)
CASE NO:
DATE:
Applicant: Coast Waste Management, Inc,
Address of Applicant: 7204 Ponto Drive, P. 0. Box 947
Carlsbad, CA 92008
Phone Number: ( 619 ) 753-9412
September 5, 1984
Name, address and phone number of person to be contacted (if other than
Applicant): Edward Boersma, P. 0. Box 947, Carlsbad, CA 92008 (619)753-9412
GENERAL INFORMATION:
Description of Project: This project is an existing building known as the Palomar
Transfer Station. The building is leased to Coast Waste Management, Inc.
Project Location/Address: 5960 El Camino Real, Carlsbad CA
Assessor Parcel Number: 209 050 17
Zone of Subject Property: M-Q
Proposed Use of Site: To operate the Coast Waste Management, Inc. municipal solid
waste operation and to operate a public buy-back recycling center for the citizens of
Carlsbad.
List all other applicable applications related to this project:
Existing County of San Diego CUP 140A and CUP 140B
-1---------------
Environmental Impact Assessments for gradinq permits must be ~ccompanied
with a qradinq plan and qradinq profile.
Describe the activity~rea, including distiguisht natural and
made characteristics: also provide precise slope analysis when
appropriate.
man-
-This is an existing building which has previously undergone adequate environmental
review and a notice of prior compliance has been issued by the Planning Director on
February 8, 1982 and approved by the Planning Commission on February 24, 1982. The
activity area is existing, including the natural and man-made characteristics
including the slope analysis. (See 11As Built11 drawing.)
3. Describe energy conservation measures incorporated into the design
and/or operation of the project.
No known energy conservation measures have been incorporated into the design/operation
of this project; however, it is anticipated that the Coast Waste Management, Inc.
energy needs will be minimal because we are not manufacturing or processing.
4. If residential, include the number of units, schedule of unit sizes,
range of sale prices or rents, and type of household size expected.
Not applicable.
e If commercial, indicate the type, whether neighborhood, city or
regionally oriented, square footage of sales area, and loading
facilities.
Not applicable.
6. If industrial, indicate type, estimated employment per shift, and
loading facilities.
Munici-pal solid wast~ hauling facility, truck parking and repair, container storage
and repair, public buy-pack recycling center. One shift operation with 55-60 employees per shift-:--• ••
7. If institutional, indicate the major function, estimated employment per
shift, estimated occupancy, loading facilities, and community benefits
to be derived from the project.
4t Not applicable.
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I.
1 )
2)
3)
4)
5)
6)
7)
9)
10)
1 1 )
1 2 )
13)
14)
15) -16)
ENVIRONMENTAL IMPAC.NALYSIS • Answer the following questions by placing a check in the appropriate
space. (Discuss all items checked "yes". Attach additional sheets as
necessary.)
Could the project significantly change present
land uses in the vicinity of the activity?
Could the activity affect the use of a recreational
area, or area of important aesthetic value?
Could the activity affect the functioning of an
established community or neighborhood?
Could the activity result in the displacement of
community residents?
Could the activity increase the number of low and
modest cost housing units in the city?
Could the activity decrease the number of low and
modest cost housing units in the city?
Are any of the natural or man-made features in the
activity area unique, that is, not found in other
parts of the county, state or nation?
Could the activity significantly affect an
historical or archaeological site or its settings?
Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
Does the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
Could the activity significantly affect fish,
wildlife or plant life?
Are there any rare or endangered plant species
in the activity,area?
Could the activity change existing features of
any of the city's lagoons, bays, or tidelands?
Could the activity change existing features of
any of the city's beaches?
Could the activity result in the erosion or
elimination of agricultural lands?
Could the activity serve to encourage development
of presently undeveloped areas or intensify develop
ment of already developed areas?
-3-
YES NO
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
17) -18)
19)
20)
21)
22)
23)
24)
26)
27)
28)
29)
• • Will the activity require a variance from
established environmental standards (air, water,
noise, etc.)?
Will the activity require certification, authoriza
tion or issuance of a permit by any local, state or
federal environmental_control agency?
Will the activity require issuance of a variance
or conditional use permit by the City?
Will the activity involve the application, use, or
disposal of potentially hazardous materials?
Will the activity involve construction of
facilities in a flood plain?
Will the activity involve construction of
facilities in the area of an active fault?
Will the activity involve construction of
facilities on a slope of 25 percent or greater?
Could the activity result in the generation of
significant amounts of noise?
Could the activity result in the generation of
significant amounts of dust?
Will the activity involve the burning of brush,
trees, or other materials?
Could the activity result in a significant change
in the quality of any portion of the region's air
or water resources? (Should note surface, ground
water, off-shore.)
Will the project substantially increase fuel
consumption (electricity, oil, natural gas, etc.)?
Will there be a significant change to existing
land form?
( a) Indicate estim'ated grading to be done in
cubic yards: N/A .
(b) Percentage of alteration to the present
land form: N/A .
(c) Maximum height of cut or fill slopes:
N A
Will the activity result in substantial increases
in the use of utilities, sewers, drains or streets?
Is the activity carried out as part of a larger
project or series of projects?
-4-
YES NO
X
X
X
X
X
X
X
X
X
X
X
X
X
X ----
X
: II. STATEMENT OF NON--IFICANT ENVIRONMENTAL E.CTS
If you have answered yes to one or more of the questions in Section
I but you think the activity will have no significant environmental
effects, indicate your reasons below:
Questions 18 and 19 were answered 11yes 11 because authorization and a CUP will be
required, but there will not be a significant environmental effect because the
subject property is an existing facility and the proposed use of the facility is
essentially no different .than the use of the facility presently occupied by Coast
Waste Management, Inc.
III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
(If additional space is needed for answering any questions, attach
additional sheets as needed.)
No additional comments.
Signature Edward Boersma ~~
(Person Competl.ngReport)
Date Signed __ A_u~gu_s_t_2_8_,_1_9_8_4 ____________________ _
-s-
',&,
WHEREAS, Developer and Owner have asked the City to find that
public facilities and services will be available to meet the future
needs of the Development as it is presently proposed; but the
Developer and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose to help satisfy the General Plan as implemented by
Council Policy No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. The Developer and Owner shall pay to the City a public
facilities fee in an amount not to exceed 2% of the building permit
valuation of the building or structures to be constructed in the
Development pursuant to the Request. The fee shall be paid ~rior to
the issuance of building or other construction permits for the
development and shall be based on the valuation at that time. This
fee shall be in addition to any fees, dedications or improvements
required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. Developer and Owner shall pay a fee for conversion of existing
building or structures into condominiums in an amount not to exceed 2%
of the building permit valuation at the time of conversion. The fee
for a condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
-3-
REV 4-2-82
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
development is intended. Developer and Owner shall pay to City a
public facilities fee in the sum of $1,150 for each mobilehome space
to be constructed pursuant to the Request. The fee shall be paid
prior to the issuance of building or other construction permits for
the development. This fee shall be in addition to any fees,
dedications or improvements required according to Titles 18, 20 or 21
of the Carlsbad Municipal Code.
2. The Developer and Owner may offer to donate a site or sites
for public facilities in lieu of all or part of the financial
obligation agreed upon in Paragraph 1 above. If Developer and Owner
offers to donate a site or sites for public facilities, the City shall
consider, but is not obligated to accept the offer. The time for
donation and amount of credit against the fee shall be determined by
City prior to the issuance of any building or other permits. Such
determination, when made, shall become a part of this agreement.
Sites donated under this paragraph shall not include improvements
required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General
Plan. If the fee is not paid as provided herein, the City will not
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
-4-
REV 4-2-82
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer and Owner to comply with any requirements of other
public agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs. of the Development herein
described.
6. All obligations hereunder shall terminate in the event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If notice is given to the City of personal delivery
thereof to the City or by depositing same in the United States Mail,
addressed to the City at the address set forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
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REV 4-2-82
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer, Owner and the City, and references to Developer, Owner
or City herein shall be deemed to be reference to and include their
respective successors and assigns without specific mention of such
successors and assigns. If Developer should cease to have any
interest in the Property, all obligations of Developer hereunder
shall terminate; provided, however, that any successor of Developer's
interest in the property shall have first assumed in writing the
Developer's obligations hereunder.
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate;
provided, however, that if any successor to the Owner's interest in
the Property is a stranger to this agreement, such successor has first
assumed the obligations of owner in writing in a form acceptable to
City.
9. This agreement shall be recorded but shall not create a lien
or security interest on the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
Ill
Ill
Ill
Ill
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REV 4-2-82
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
t::=·
R. J. Massman
(Name)
(Signature)
(Name)
(Signature)
ATTEST:
-Public Works
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
DEVELOPER:
Coast Waste
BY
TITLE
1 • '.,
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
(Notarial acknowledgement of execution by DEVELOPER and OWNER must be
attached.)
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REV 4-2-82
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ss.
On December 11, 1984, before me, the undersigned a Notary Public in and for
said State, personally appeared Arie de Jong, Jr. personally known to me or
proved to me on the basis of satisfactory evidence to be the person who
executed the within instrument as President on behalf of Coast Waste Management,
Inc., the Corporation therein named, and acknowledged to me that such Corporation
executed the within instrument pursuant to its By-laws or a resolution of its
Board of Directors.
Witness my hand and
/j
' ~
Name (typed or printed)
EXHIBIT "A"
LEr.AL DESCRIPTION
Assessors Parcel Number 209-050-17, portions of Lots A & B
at Rancho Agua Hedionda in the City of Carlsbad according
to map thereof, Number 823 filed in the office of the County
Recorder of the County of San Diego on November 16, 1896.
• • Page 2
DISCLOSURE FORM
APPLICANT: Coast Waste Management, Inc. (Corporation)
AGENT:
MEMBERS:
Name (individual, partnership, joint venture, corporation, syndication)
5960 El Camino Real, P. 0. Box 947, Carlsbad, CA 92008
Business Address
(619)753-9412
Telephone Number
Conrad B. Pawelski, General Manager
Name
5960 El Camino Real, P. 0. Box 947, Carlsbad, CA 92008
Business Address
(619)753-9412
Telephone Number
Margaret A. Bierd (Secretary)
Name ( individual, partner, joint
venture, corporation, syndication)
317 Camelot Drive, Oceanside, CA
Home Address
5960 El Camino Real, P. 0. Box 947, Carlsbad, CA 92008
Business Address
(619)753-9412 ..,,,;(__,6,....19__,)_75_7_-2.....,.5..,...29---,-______ _
Telephone Number Telephone Number
Michael K. Dybka (Treasurer) 1626 David Drive, Escondido, CA
Name Home Address
5960 El Camino Real, P. 0. Box 947, Carslbad, CA 92008
Business Address
(619)753-9412
Telephone Number
(619)745-3845
Telephone Number
(Attach more sheets if necessary)
I /We understand that if this project is located in the Coastal Zone, I /we will apply
for Coastal Commission Approval prior to development.
I /We acknowledge that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. I /We consent to entry for this purpose.
I /We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
Coast Waste Management, Inc.
APPLICANT
BY U✓~gent
Agent, Owner, Partner
( 1~/t•A•\I •.,11,, _.,,.,..
COUNTY OF SAN DIEGO
INDUSTRIAL LEASE
MCCLELLAN -PALOMAR AIRPORT
(
LESSEE: COAST WASTE MANAGEMENT, INC.
COUNTY CONTRAC,1 _ ,,
IU.lLBER r] 0{c'6l) .-l\..
...
' ••I • • ... '>, • V • ~ I .... • -
CLAUSE NU.
l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
(_
TABLE OF CONTENTS
CLAUSE PAGE
UEFINITION OF TERMS------------------------------------l
EXHIBITS TO LEASE--------------------------------------2
TERM---------------------------------------------------2
USE----------------------------------------------------2
CONSTRUCTION OF IMPROVEMENTS---------------------------3
ADMINISTRATION-----------------------------------------3
RENTAL-------------------------------------------------3
LATE RENTAL PAYMENT---------~--------------------------9
NOTICES-----------------------------------------------10
LEASEHOLD MANAGEMENT-----------------------------------10
MECHANICS LIENS----------------------------------------10
MAINTENANCE--------------------------------------------11
INSURANCE----~-----------------------------------------12
I~DEMNIFICATION ----------------------------------------15
TAXES, ASSESSMENTS AND FEES----------------------------15
UTILITIES----------------------------------------------16
DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS---------------16
ASSIGNING, SUBLETTING AND ENCUMBERING------------------17
SUCCESSORS IN INTEREST---------------------------------17
DEFAULT IN TERMS OF THE LEASE BY LESSEE:
COUNTY REMEDIES -------------------------------------17
TERMINATION BY LESSEE----------------------------------18
tJUITCLAIM OF LESSEE'S INTEREST UPON TERMINATION --------19
;
I 11 / r\ ,._I'\ l V, • a V • • • • • -._, • • , •• • I • • -
CLAUSE NO.
TABLE OF CONTENTS (Continued)
CLAUSE
(
23 DISPOSITION OF IMPROVEMENTS, FIXTURES AND PERSONAL
PAGE
PROPERTY --------------------------------------------19
24 EMINENT DOMAIN-----------------------------------------20
25 QUIET POSSESSION---------------------------------------22
26 RESERVATIONS TO COUNTY---------------------------------22
27 EFFECT OF SURRENDER------------------------------------23
28 LEASE SUBORDINATE TO CONDITIONS AND RESTRICTIONS-------23
29 UNLAWFUL USE-------------------------------------------24
30 ABANDONMENT-----------------------------------------~--24
31 HOLDING OVER-------------------------------------------24
32 AMENDMENTS---------------------------------------------25
33 LEASE ORGANIZATION-------------------------------------25
34 FORCE MAJEURE ------------------------------------------25
35 PARTIAL INVALIDITY-----~-------------------------------25
36 WAIVER OF RIGHTS---------------------------------------25
37 FEDERAL AVIATION ADMINISTRATION REQUIREMENTS-----------26
38 COUNTY'S RIGHT TO RE-ENTER-----------------------------30
39 TIME---------------------------------------------------31
40 AFFIRMATIVE ACTION PROGRAM-----------------------------31
41 NONDISCRIMINATION--------------------------------------31
42 SPECIAL CONDITIONS-------------------------------------32
ii
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I
/ /
r >· 1 n J. 1\1 u,~, w ....
COUNTY OF SAN DIEGO
INDUSTRIAL LEASE
MCCLELLAN-PALOMAR AIRPORT
C.
THIS LEASE, tnc1.de and entered into this I It-).... day of -~~A,, ,
1984, by and between the Co:.i'nty of San Diego, hereinafter called 11County 11 ,
and Coast Waste Management, Inc., whose address is 7204 Ponto Drive, P.O. Box
_947, Carlsbad, CA 92008; hereinafter ca 11 ed 11 Lessee 11
•
W I T N E S S E T H :
That for and in consideration of the rentals received, covenants, agree
ments and conditions as hereinafter set forth to be faithfully paid, kept and
performed by Lessee, County hereby 1 eases and lets and Lessee hereby takes
possession of, ~ires, rents and accepts that 5.128 acre, plus or minus, por
tion of McClellan-Palomar Airport owned and operated by County and
hereinafter refern.d to as the "Premises", all of said property being
delineated on that plat attached hereto and marked Exhibit "A", and legally
described in Exhibit 11811 attached hereto.
It is understood and agreed by the parties hereto as follows, to wit:
1. DEFINITION OF TERMS. The following words in this Lease shall have
the significance attached to them in this clause unless otherwise apparent
from their context:
a. 11 Lease" means this Industrial Lease.
b. "Airport" means McClellan-Palomar Airport, Carlsbad,
Ca 1 i fo:·n·i a.
-1-
(
c. "Premises" means the 5.128 plus or minus acres as delineated on
Exhibit "A" attached hereto and legally described in Exhibit 11811 attached
hereto.
d. "Board" means Board of Supervisors of the County of San Diego.
e. "Lease Administrator" means the Di rector, Department of General
Services, County of San Di ego, or upon written notice to Lessee, such other
person as shall be designa;·.ed Lease Administrator from time to time by the
Board.
f. "Airports Director" means the Airports Director, County of San
Diego, or upon wri.tten notice to Lessee, such other person as shall be desig
nated Airports Director from time to time by the Board.
g. "F.A.A.11 means Federal Aviation Administration.·
2. EXHIBITS TO LEASE. This lease includes the following exhibits which
are attached hereto and by this reference made a part hereof:
a. Exhibit 11A11
: Premises Plat.
b. Exhibit 11 B11
: Premises Description.
3. TERM. The term of this lease shall be five (5) years commencing on
July 1, 1984 and ending on June 30, 1989, provided either party gives the
other party notice prior to July 1, 1988 that it intends to terminate the
Lease on June 30, 1989. If notice is not given by either party prior to July
1, 1988, Lessee shall continue in possession of the Premises after June 30,
1989, as a holdover tenant subject to all of the terms and conditions of this
Lease. Either party may terminate this Lease at any time after July 1, 1989,
by giving the other party notice at least one year prior to such termination.
Said notices shall be given in accordance with Clause 9 (NOTICES).
4.· USE. The County leases to Lessee and Lessee takes possession of,
hires, rents and accepts the Premises for uses as a repair and storage yard
for waste collection trucks and as a recycling facility. Failure of Lessee
to exercise control of an unauthorized activity or use on the Premises shall
constitute a ma teri a 1 breach of this Lease and such sha 11 be grcunds for
termination.
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(
5. CONSTRUCTION OF IMPROVEMENTS. Lessee shall not alter or remove any
improvements on the Premises without the prior written approval of the
Airports Director. Lessee shall not construct additional improvements on the
Premises without the prior written approval of the Airports Director. Such
approval for constructing additional improvements shall not be unreasonably
withheld. Within sixty (60) days following completion of any improvement on
. the Premises, Lessee or Lessee's Engineer or Architect sha·ll furnish the
Airports Director a complete set of 11 As-Built11 plans of such improvement.
6. ADMINISTRATION. This Lease shall be administered on behalf of
County by the Lease Administrator and on behalf of Lessee by Arie de Jong or
such other person as shall be designated in writing from time to time by
Lessee.
7. RENTAL.
a. Lessee, for consideration of the possession and use of the
Premises, shall pay rent to County 70r each and every month in advance, on or
before the first day of each and every month, hereinafter called 11 due date",
in accordance with the following schedule of procedures:
(1) For that five-year period of this Lease commencing·July 1,
1984 and ending June 30, 1989 and in the event of a holding over beyond June
30, 1989, for the four-year period, or any portion thereof, ending June 30,
1993, Lessee shall pay rent as follows:
(a) For the one-year period of this Lease commencing July
1, 1984 and ending June 30, 1985, Lessee shall pay. to County the sum of
$12,000 per month in advance; pr0.vided, however, $9,000 of said $12,000
monthly rent shall be waived for the period commencir.g July 1, 1984 and
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rtti/\J..l\l"Ur\1..l •• • (\'-.-'-"'1 •••• ,, ...... -....
(
ending December 31, 1984. Notwithstanding the above. such waiver shall
terminate on the date Lessee· first occupies or in any way uses the Premises
if such use or occupancy occurs prior to January 1, 1985.
(b) Beginning with • the 13th month of the term of this
Lease, and for each succeeding 12-month period, the monthly renta 1 provided
for above shall be adjusted (but in no event to an amount less than $12,000
per month) to reflect any increase or decrease in the purchasing power of the
dollar following the commencement of this Lease by use of the following
formula:
A
R = $12,000 (--)
299 .1 ( ~OV•l g~)
rlHEREI N,
R equals the adjusted monthly rental for each month of the parti
cular 12-month period for which the rent is being adjusted, not to exceed a
difference of 8% from the monthly rent for the preceding 12-month period;
A equals the Consumer Price Index, as hereinafter defined, for the
month of January immediately preceding the month in which the new rent
becomes effective. The Consumer Price Index, which sha 11 be used as the
source for such index nurnbe_rs, shall be that published by the U.S·. Department
of Labor, Bureau of Labor Statist·ics, "Consumer Price Index for All Urban
-4-
Consumers" for the Los Angeles Metropolitan Area (1967=100). In the event
such index is not published for the Los Angeles Area, then another index or
source of such information generally recognized as comparable and authorita
tive shall be substituted by agreement of the parties. If the parties should
not agree, such index or source of information shall be determined by arbi
tration pursuant to the provisions of the talifornic Code of Civil
Procedure.
(2) For any portion of the nine-year _period comrnenci ng July 1, --····· -·· ··--------
1993 and ending June 30, 2002 that Lessee is on hold over, Lessee shall pay
rent as follows:
(a) For the one-year period commencing July 1, 1993 and
ending June 30, 1994, Lessee shall pay rent to County as proposed in writing
by County. The parties hereto sha 11 set forth their agreement by amendment
to this Lease as to the monthly rental rate to be applied for said one-year
period.
• (b) For the twelve-month period beginning July 1, 1994
and for each succeeding 12-month period, the monthly renta 1 provided for in
subclause (2)(a) above shall be adjusted (but in no event to an amount less
than the amount in subclause (2)(a) above) to reflect any increase or
decrease in the purchasing power of the dollar following_ the commencement of
the second nine-year period of this Lease by use of the following formula:
R = A (B/C)
\-/HEREIN,
R equals the adjusted monthly rental for ,:ach month of the parti
cular 12-month period for which the rent is being adjusted, not to exceed a
difference of 8% from the monthly rent for the preceding 12-month period;
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A equals the monthly rent for the first year of the second nine-year
period of this Lease;
B equa 1 s the Consumer Price Index, as herei nabove defined, for the
month of January immediately preceding the month in which the new rent
becomes effective.
C equals the Consumer Price Index, as herei nabove .i~fi ned, for the
month of January 1993.
(3) For any portion of the seven-year period commencing July 1,
2002 and ending June 30, 2009 that lessee is on hold over, Lessee shall pay
rent as follows:
(a) For the one-year period commencing July 1, 2002 and
ending June 30, 2003, Lessee shall pay rent to County as proposed in writing
by County. Tile parties hereto sha 11 set forth their agreement by amendment
to this Lease as to the monthly rental rate to be applied for said one-year
period.
(b) For the twelve-month period beginning July 1, 2003
and for each succeeding 12-month period, the monthly rental provided for in
subclause (3) (a) above shall be adjusted (but in no event to an amount less
than the amount in subclause (3)(a) above) to reflect any increase or
decrease in the purchasing power of the dollar following the commencement of
the 18th year of-this Lease by use of the following formula:
R = A (B/C)
WHEREIN,
R equals the adjusted monthly rental for ea,:h month of the parti
cular 12-month period for which the rent is being adjusted, not to exceed a
difference of 8% from the monthly rent for the preceding 12-month period;
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A equals the monthly tent for the first year of said seven-year
period of this Lease;
B equals the Consumer Price Index, as hereinbefore defined, for the
month of January immediately µreceding the month in which the new rent
becomes effective; and
C equa 1 s the Consumer Price Index, as herei nbefore defined, for the
month of January 2002.
b. In the event Lessee does not agree to the monthly rental rate
proposed by County in a.(2)(a) and a.(3)(a) above, at least 120 days prior to
the effective date of said proposed monthly rental rate, County and Lessee
shall commence arbitration in accordance with the following procedure:
County shall, at least ninety (90) days prior to the beginning
of the effecti11e da·te of the monthly rental rate proposed by County in
a. (2) (a) and a. (3) (a) above (hereinafter referred to in this subclause as
"effective date"}, select and appoint one representative who shall be a
recognized real estate appraiser and a member of the American Institute of
Real Estate Appraisers. Lessee shall, at least ninety (90) days prior to the
effective date, select and appoint one representative who shall be a recog
nized real estate appraiser and a member of the American Institute of Real
Estate Appraisers. Both parties shall give written notice each to the other
of selection and appointment-of their respective representatives.
Upon appointment and notice of appointment of said representa
tive, said represen.tatives shall, at least eighty (80) days prior to the
effective date, meet and confer for the purpose of appointin9 a third person
of like professional qualification and shall, at least seventy (70) days
prior to the effective date. appoint said third person whc shall act as a
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neutral arbitrator of any disagree1i1ents which may arise in the course of
rental renegotiations. The said representatives and neutral arbitrator shall
promptly meet and determine the monthly rental rate which shall be apµlied
for the twelve-month µeriod under arbitration. At least thirty (30) days
prior to the beginning of said effective date, said neutral arbitrator and
concurring representatives shall render a written decision in which the)
shall specify the monthly rental rate to be paid by Lessee to County for and
during the twelve-month period under arbitration. It is understood and
agreed that the determi nations made pursuant to this arbi tra ti on agreement
. sha 11 be binding on . both the County and Lessee and sha 11 apply to rent due .
and payable to County for the f.ull twelve-month rental period under arbitra
tion. Refusal to acquiesce in said determination by either party shall con
stitute a breath of this Lease.
In the event that either party shall fail to appoint a represen
tative, or the representatives should fail to appoint a neutral art.:itrator,
either or both parties may apply to the Superior Court in and for the County
of San Diego for relief of an appropriate nature pursuant to the arbitration
provisions of the Ca 1 iforni a Code of Ci vi1 Procedure which are found at
Section 1280 and following.
County sha 11 bear a 11 of the expense of its appointed represen
tative and Lessee shall bear all of the expense of •its appointed representa
tive and County and Lessee sha 11 equally share the fee and expense of the
neutral arbitrator and the incidental expenses of the arbitration not attri
butable solely to either party 1 s representative.
The new monthly renta 1 rate determined by the representatives
and the neutra 1 arbitrator sha 11 be H.2 fair market or 11economi c rent 11 for
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'
the Premises for the twelve month period under consideration, said rate Lieing
the 1t1onthly amount which said Premises could be expected to return to County
if offered for lease on the open market under normal circumstances. giving
due consideration to location, desirability and utility of said Premises and
similar relevant matters which are traditionally considered by professional
appraisers in estimating changes in the rental rate return which would could
be expected from sirnil ar. property. Improvements pl aced upon the proµerty by
the Lessee during the term of this Lease shall not be considered in arriving
at the said new rental rate.
c. Rental payments as aforesaid shall be made payable to the County
of San Diego, Office of Auditor and Controller, and delivered to:
Controller Branch Office --Cashier
5201 Ruffin Road, Suite H, MS 0654
San Diego, CA 92123
or to such other department or address as may be specified by County in
writing from time to time.
8. LATE RENTAL PAYMENT. In the event Lessee fails to remit to County,
in cash or legal tender, the monthly rent due within fifteen (15) days after
the due date, Lessee shall be deemed delinquent in payment of rent and shall
become liable for and shall pay to County the monthly rent due together with
an additional five percent (5%) for the expenses resulting from such
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I
delinquency, and shall pay an additional five percent (5%) for each fifteen
(15) days or fraction thereof, that said delinquency thereafter continues.
However, the Lease Administrator shall have the right to waive, for good
cause, delinquency µayments so accruing upon written appl i ca ti on of Lessee
for waiver of any such accruect delinquency. In the event of a dispute
between i•.he par ti es as to the correct amount of rent due, County sha 11 accept
the sum tendered by Lessee with out prejudice, and if a deficiency is subse
quently determined, said five percent (5%) sha11 apply only to the amount of
the actual determined deficiency.
9. NOTICES. Notices given or to be given by County or Lessee to the
other, shall be given in writing and shall be addressed as follows, or as
County or Lessee may hereafter designate by written notice:
TO:--COUNTY-OF ·sAN-DIEGO
Director of General Services
5555 Overland Avenue, Bldg. 2
San Diego, CA 92123
10. LEASHI0LD MANAGEMENT.
TOt LESSEE
Arie de Jong
P.O. Box 947
Carlsbad, CA 92008
It is expressly understood that Lessee is
solely responsible to County for management and control of all activities on
the leasehold. A le~sehold manager will be designated in writing by Lessee·
to County and wi11 have full operational responsibility for compliance with
terms and conditions of this Lease.
11. MECHANICS LIENS. Lessee sha 11 at a 11 times indemnify and save
County harmless from all claims for labor or materials in connection with
construction, repair, alteration or installation of structures, improvements,
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equipment or facilities within the Premises, and from the cost of defending
against such claims. including attorneys' fees. I n the eve n t a l i en i s
imposed upon the Premises as a result of such construction, repair, altera
tion or installation, Lessee shall procure and record a bond in accordance
with Section 3143, California Civil Code, which frees the Premises from the
claim ot the lier and from any action brought to foreclose the lien. Should
Lessee fail to procure and record said bond within thirty (30) days after
filing of such a lien, this Lease shall be in default and shall be subject to
immediate termination by County.
12. MAINTENANCE. County shall not be required to maint.ain, repair or
replace-improvements constructed within the Premises; provided, however,
County may, at its sole option, do any filling, grading, slope protection,
retaining wal 1 construction, or replace or repair any County-_cons tructed
facilities within or without the Premises in order to protect the Premises or
any part ?f the Airport.
Lessee shall, to the reasonable satisfaction of the Airports
Director, keep and maintain the Premises and all improvements of any kind or
character which are now or may be erected, constructed, i nsta 11 ed or made
thereon in good condition and in substantial repair. Lessee shall take all
steps necessary or appropriate so as to maintain such a standard of good
condition and repair. Lessee further expressly agrees to maintain the
Premises in a safe, clean and sanitary condition to the complete satisfaction
of the Airports Director and in compliance with all applicable rules, regula
tions, ordinances or laws. In this connection, Lessee shall provide proper
containers for trash, garbage and waste of all kind and character and shall
keep the Premises free and cl ear of rubbish and 1 i tter to the satisfaction of
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the Airports Di rector. Lesse'e shall maintain both sets of truck weighiny
scales on the Premises in an accurate and oµerable condition throughout the
term of this Lease. County reserves the right for its agents or employees to
enter upon and inspect the Premises at any and all reasonable times to ascer
tain the above-described standards are maintained.
In the event Le:-see fails to make repairs or replacements to any
i rnprovements as re qui red by County, then County may notify Lessee in writing
of said. failure specifying in said notice the nature and extent of defects.
In the event Lessee fails to make said required repairs or replacements with
in thirty {30} days after such notice County may make such repairs or
replacement and Lessee shall pay the cost thereof, {including, but not
limited to, the cost of labor, material and equipment) within ten (10) days
of receipt of stil tement of such costs from County.
13. IN$URANCE.
a. Les"'ee shall maintain insurance, in form acceptable to County,
in full force and effect throughout the term of this Lease. The policy or
policies of said insurnce shall name County as an "Additional Insured 11 except
for Workers' Compensation and shall, as a mininum, provide the following
forms of coverage in the amounts specified:
(1) Comprehensive General Liability Minimums
(a) $1,000,000 bodily injury, each person;
(b} $2,000,000 bodily injury, each occurence; and
{c) $1,000,000 property damage;
OR
$2,000,000 combined single limit in lieu of coverages
(a), (b), and (c) above.
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(2) Fire and extended coverage, including water damage as an
indirect result of fire and debris cleanup provision, in an amount not less
than ninety percent (90%) of the full replacement value of all improvements
within the Premises.
(3) Workers' Compensation to statutory limits, if Workers'
Compensation is required by ttw State of California.
b. The public liability insurance shall be in force from the first
day of the term of this Lease. The fire insurance shall be in force from the
date of commencement of construction or installation of each major insurable
improvement by Lessee and/or the effective date of this Lease if any insur
able improvement exists at such time.
c. Each policy of insurance except Horkers' Compensation shall
contain the following clauses:
(1) 11 It is agreed that this .policy shall not b€ cancelled nor
the coverage reduced n,til thirty· (30) -days after the Lease Administrator of
the County·of San Diego shall have received written notice of such cancella
tion or reduction. The notice shall be sent by certified or registered mail,
and shall be deemed effective the date delivered to said Lease Administrator,
as evi de need by properly va 1 i dated return recei pt11
•
(2) 11The insurer waives any right of subrogation against the
County which might arise by reason of any payment under this policy, only as
it relates to the terms and conditions of the contract or lease".
( 3) "This is considered primary coverage for the County as an
addi ti ona l insured, exr;ept for sole negligence on the part of County or
County empl oyees 11 •
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I l\l-VIHU\.I 11•1"• --
(_
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d. Lessee agrees to deposit with County, on or before the effective
date of this Lease, one Certificate of Insurance for each of the 1-JOl icy or
policies necessary to satisfy the insurance provisions of this Lease and to
keep such insurance in effect during the entire term of this Lease. Said
Certi fi ca te of Insurance sha 11 be submitted to the Lease Admi ni stra tor on a
San Di ego County form entitled 11Certif i ca te of Insurance for Lease of County
ownec;I Property", or on an insurance company policy certificate with appropri
ate endorsements containing the above mentioned cl a uses c. ( 1) through c.
(3). failure to so insure shall be grounds for immediate termination by
notification by Lease Administrator.
e. County shall retain the right at any time to review the cover
age, form and amount of the insurance required hereby. If, in the opinion of
the Lease Admir.istrator, the insurance provisions in this Lease do not pro
vide adequate protection for County and for members of the public using the
Premises, County may reqJire Lessee to obtain insurance sufficient in cover
age, form and amount to provide adequate protection from and against the kind
and extent of risks which exist or are foreseeable at the time a change in
insurance is required. County's requirements-shall be reasonable, but shall
be designed to assure protection from and against the kind and extent of
risks which exist at the time a change in insurance is required.
f. The Lease Administrator shall notify Lessee in writing of
changes in the insurance requirements and, if Lessee does not deposit with
County within sixty (60) days of receipt of such notice, a new Certificate of
Insurance for each 1-JOl_'l cy or policies of insurance i ncorpora ting such
changes, this Lease shall be deemed in default without further notice to
Lessee and may be forthwith terminated by the Lease Administrator.
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g. The procuring of such required policy or policies of insurance
shall not be construed to limit Lessee's liability hereunder nor to fulfill
the i ndemni fi ca ti on provisions and requirements of this Lease. Notwith-
standing said policy or policies of insurance, Lessee shall be obligated for
the full and total amount of any damage, injury or loss attributable to any
act or omission of it or its agents, :ustomers or guests in connection with
this-Lease or with use or occupancy of the Premises.
14. INDEMNIFICATION. Lessee shall indemnify and save harmless County,
its officers, agents and employees from and against any and all claims,
demands, liabilities or loss of any kind or nature which County, its
officers, agents or employees, may sustain or incur or which may be imposed
upon them or any of them for injury to or death of persons, or damage to
µroperty as a re:;ult of_, arising out of, or in any manner connected with this
Lease or with occupancy and use of the Premises by Lessee, its officers,
agents, employees, subtenant .. 1 icensees, patrons or visitors, except as
attributable to an act or omission of County. Lessee further agrees to pay
any and all costs and expenses, including, but not limited to, court costs
and reasonable attorneys' fees, incurred by County on account of any such
claims, demands or liabilities.
15. TAXES, -ASSESSMENTS-AND-FEES. The terms of this Lease may result in
the creation of a possessory interest. If such a pos·sessory interest is
vested in a private party to this Lease, the private party may be subjected
to payment of personal property taxes levit.d on such interest. Lessee shall
be responsible for the paymnnt. of, and shall pay before they become
delinquent, all taxes, assessments and fees assessed or levied upon Lessee or
the Premises or any interest therein, including, but not limited td,
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buildings, structures, fixtures, equipment or other property i nsta 11 ed or
constructed thereon. Lessee further agrees not to a 11 ow such taxes. assess
ments or fees to become delinquent and as such to become a lien against the
Premises or any improvement thereto. Nothing herein contained shall be
deemed to µrevent or prohibit the Lessee from contesting the validity or
amount of any such tax assessment or fee in the manner authorized by law.
16. lJTI LI TIES. Except for such uti 1 i ti es that County herein expressly
agrees to provide, Lessee shall order,-obtain and pay for all utilities
necessary to its use and enjoyment of the Premises and sha 11 pay a 11 services
and installation charges in connection therewith, including sewer connection
and service charges.
County shall have the right, without cost to County, to connect to
water, sewer, power, gas and communi ca ti on 1 i nes as are now or hereafter may
be installed upon the Premises and shall have_ the right of access to con
struct and maintain such connections. Lessee, however, will not be liable
for any additional service fees or char~es as a result of such connection.
17. QAMAGE TO OR-DESTRUCTION-QF IMPRQVEMENTS. Tile damage or destruction
of improvements on the Premises shall not terminate this Lease. In the event
of damage to or destruction of Lessee-constructed improvements located within
the Premises or in the event Lessee-constructed impro\ ements located within
the Premises are declared unsafe or unfit for use or occupancy by a public
entity with the authority to make and enforce such declaration, Lessee shall,
within a reasonable time and at its sole expense, commence and di1 i gently
pursue to completion the repair, repl ace·ment, or reconstruction of imp,·o·.re
ments necessary to permit ful 1 use and occupancy of the Premises for the
purposes permitted by this Lease. Repair, replacement or reconstruction of
improvements within the Premises shall be accomplished in a manner and
according to plans approved by County.
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Notwithstanding any provision of this Clause to the contrary, the
foregoing provisions relating to the commencement and completion of repair,
replacement or reconstruction of improvements shall be subject to the provi
sions relating to the limitations on County's right to terminate this Lease
set forth in Cl a use 18 (ASSIGNING, S UBLETTINu AND ENCUMBERING) hereinafter.
18~ ASSIGNING, SUBLETTIHG AND ENCUMBERING.
Lessee shall not mortgage, pledge, hy1othecate, encumber, transfer
or sublease (hereinafter in this Lease referred to collectively as 11 Encum
brance11 >' any part or portion of Lessee's interest in• the Premises. Lessee
shall not assign this Lease except that-with the prior written approval of
County, Lessee may assign this Lease to the party that acquires that portion
of Lessee's corporate assets that has the contract to act as the City of
Carlsbad's municipal trash collector. A nonrefundable fee of $500 shall be
paid by Lessee to County for processing a prior consent to assign. Occupancy
of the Premises by a prospective Encumbrancer sha 11 constitute a breach of
this Lease. Failure of Lessee to exercise control of an unauthorized activ
ity sha 11 constitute a material breach of this Lease and such sha 11 be
grounds for termination.
19. SUCCESSORS -IN -INTEREST. Unless otherwise provided in this Lease,
the terms, covenants and conditions contained herein shall apply to and bind
the heirs, successors, executors and administrators of all the parties here
to, all of whom shall be jointly and severally liable hereunder.
20. DEFAULT IN TERMS OF THE LEASE BY LESSEE: COUNTY REMEDIES.
a. Should Lessee default in the p~rformance of any covenant, condi
tion or agreement contained herein, and such default is not corrected within
sixty ( 60) days after Lessee receives written notice from County of said
default, the Lease Administrator may declare this Lease to be terminated.
All rights of Lessee and those who claim under-!..essee, stemming from this
Lease, shall expire and be of no further force and effect at the time of such
termination. In the event the Lease is so terminated, the damages County may
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recover from Lessee pursuant to Civil Code Section 1951.2 include the worth
at the time of award of the amount by which the unpaid rent for the balance
of the term after the award exceeds the amount of such renta 1 loss for the
same period that Lessee proves could be reasonably avoided.
b. Pursuant to Civil Code Sec ti on 1951. 4, as an a 1 terna ti ve to
declaring this Lease terminated as above, even if Lessee breaches this Lease
and abandons the Premises, County may allow this Lease to conti11ue in effect
and enforce all its rights and remedies hereunder, including the right to
recover the rent as it becomes due.
c. In the event lega 1 ac;:ti on is brought to enforce or declare a
breach or default of this Lease, the successful party sha 11 be entitled to
recover co·sts if sustaining such action, including reasonab 1 e attorneys-'
fees, from the unsuccessful party.
21. TERMI~ATI0N BY LESSEE. Lessee may terminate this Lease at any time
prior to January 1, 1985 by giving County 30 days prior written notice. In
the event the City of Carlsbad replaces Lessee as the City's contractor to
pick up the general public's trash within the City, Lessee may terminate this
Lease by giving County 30 days prior written notice of said termination.
Lessee's right to terminate by reason of said replacement shall expire 60
days following Lessee's last day as City's trash collection contractor.
In the event that during the term of this Lease any ordinance or law
should become effective, the terms of which so restrict the uses to which the
Premises may be put that Lessee is unable to continue the use and occupation
of the Premises substanti a 1 ly in the manner as al 1 owed by this Lease, Lessee
may apply in writing to County for a mutual termination of this Lease.
Consent to_ said mutual termination will not be unre.:.sonably withheld by
County. Upon such mutual termination, Lessee shall be entitled to no payment
for any remaining value of its interest.
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22. QUITCLAIM OF LESSEE'S INTE.REST UPON TERMINATION. Upon termination
of this lease for any reason, including, but not limited to, termination
because of default by Lessee, Lessee shall execute, acknowledge, and deliver
to County within thirty (30) days after receipt of written demand therefor, a
good and sufficient deed whereby all right, title, and interest of Lessee in
the Premises is qui tel aimed to County. Should Lessee fai 1 or refuse to
deliver the re qui red deed to County, County may prepare and record a notice
reciting the failure of-Lessee to execute, acknowledge and deliver such deed
and said notice shall be conclusive evidence of the termination of this lease
and of all right of Lessee or those claiming under Lessee in and to the
Premises.
23. OISPuSITION OF IMPROVEMENTS, -FIXTURES AND· PERSONAL PROPERTY. Al 1
buildings, structures, equipment, and fixtures installed by Lessee in accor
dance ·with the provisions of this Lease, and not being a replacement or
repair of or fo; any improvement or improvements now existing and belonging
to County, or subsequently i nsta 11 ed by County.· shall be and remain the prop
erty of Lessee during the term of this Lease. It is aQreed that any
building, equipment, and fixtures so installed by Lessee shall be, and the
same are hereby made, security for the faithful performance of each and a 11
the terms, conditions and covenants of this lease, including but not limited
to the payment of rent. Upon the termi nation of this Lease for· any cause,
all such buildings, structures, equipment and fixtures (but not trade fix
tures) sha11 become the property of County. County and Lessee agree, that
uµon expiration of the full term of this Lease as shown in Clause 3 (TERM)
above, or upon any earlier termination of this Lease, County may require
Lessee and Lessee hereby agrees to remove any such buildings, structures,
equipment and fixtures at Lessee's own expense; provided, that the Premises
shall be left in as good order and condition as when Lessee took possession
thereof. In the event County requires Lessee to remove said buildings,
structures, equipment and fixtures, County shall give reasonable notice to
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Lessee requiring such removal and Lessee shall commence such removal as soon
as possible following said exµiration or termination and shall diligently
pursue said removal to completion. In the event Lessee does not so remove
any of such buildings. structures, equipment or fixtures as aforesaid. County
may remove, or sell, or destroy the same at the expense of Lessee, and Lessee
shall pay to County the reasonable cost of repair of damages to CountJ1 1 s
property or improvements or to the Prerni ses resulting from such remova 1, sa 1 e
or destruction. It is further agreed that any personal property not removed
from the Premises within sixty {60) days following termination of this Lease
may, at County's option, be deemed abandoned, whereupon County may dispose of
the property as provided in Chapter 5 (commencing with Section 1980), Title
5, Part 4, Uivision 3 of the Civil Code of California.
24. EMINENT-QOMAIN. In the event the whole or any part of the Premises
is condemned by a public entity other than County in the lawful exercise of
the power of eminent domain, this Lease shall terminate as to th-; part con,.
demned on the date possession of that part is taken by said public entity.
If only a part is condemned and the taking of that part does not substantial
ly impair the capacity of the remainder to be used for the purposes allowed
by this Lease in the opinion of the Lease Administrator, Lessee shall con
tinue to be bound by the terms, covenants and con di ti ons of this Lease,
except, the monthly rental shall be reduced in proportion to the relationship
that the compensation paid by the public entity for the portion of the
Premises condemned bears to the value of the whole of the Preraises as of the
date possession of the part is taken by the public entity. If only a par1: is
condemned and the taking of the part does substantially impair the capacity
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of the remainder to be used for the µurposes allowed by this Lease, in the
opinion of the Lease Administrator, Lessee shall have the option to:
a. Terminate this Lease and be absolved of all obligations here-
under which have not accrued at the date possession is taken by the public
entity; or
b. Continue to occupy the remainder of the Premises and remain
bound by the terms, covenants and conditions of this Lease. If Lessee elects
to continue to occupy the remainder, the monthly rental shall be reduced in
proportion to the relationship that the compensation paid by the public
entity for• the portion of the Premises condemned bears to the value of the
whole of the Premises as of the date possession of the part is taken by the
public entity.
Lessee sha 11 give notice in writing of its choice of remedies
hereunder within thirty (30) days of the date possession of the part is taken
by the public entity. Should a portion of the Premises be condemned and t·e
monthly rental be reduced as provided above, the monthly' rental shall con
tinue to be subject to periodic revision in accordance with Clause 7 (RENTAL)
above.
County sha 11 be entitled to receive and sha 11 receive a 11 com
pen sa ti on for the condemnation of all or any portion of the Premises by exer
cise of eminent domain except that Lessee shan be entitled to that portion
of said compensation which is the value of the loss of use of Lessee-con
_structed imj:,rovements for the remainder of the Lease term. The amount to
which Lessee shall be entitled hereunder shall not exceed the actual cost of
improvements constructed by Lessee, reduced in proportion to the relationship
that the expired Lease term bears to the original Lease term.
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c. ln the event Lessee does not concur with the opinion of the
Lease Administrator regarding capacity of remainder to be used for purposes
allowed by the Lease, Lessee may request a final determination _by the Board
of Supervisors.
25. QUIET POSSESSION. Lessee, by paying the rent and performing the
coveri\nts a1,<l agreements as herein required, may at all times during the said
term peaceably and quietly have, hold and enjoy the Premises for the term
aforesaid. If County for any reason whatsoever cannot deliver possession of
the said Premises to Lessee at the commencement of the term herein before
specified, or if Lessee is disposi~ssed through action of a title superior to
County's, then in neither of such events shall County be liable to Lessee for
any loss or damage resulting therefrom, but rather there shall be determined
and stated in \l,ri ting by the Board,_ a proportionate reduction of the rent
covering the period or periods during which Lessee is prevented from having
the quiet possession of the Premises.
26. RESERVATIONS To·. COUNTY. The Premises are accepted by Lessee subject
to any and a 11 existing easements and encumbrances. County reserves 'the
right to all gas, oil, water and minerals on or beneath the Premises and
right to install, lay, construct, maintain, repair and operate such sanitary
sewers, drains, storm sewers, pipelines, manholes and connections; water, oil
and gas pipelines; telephone and teleghraph power lines; and the appliances
and appurtenances necessary or convenient in connection therewith, in, over,
upon, throu_gh, across and a 1 ong the Premises or any part thereof, and to
enter the Premises for any and all such purposes. County re_~erves the right
to grant franchises, easements, rights of way and permits in, over, upon,
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through, across and along and a 11 µorti ons of the Premises.. No ri yht
reserved by County in this Cl a use sha 11 be so exerci sect as to interfere
unreasonably with Lessee's oµerations hereunder.
County agrees that riyhts granted to third parties by reason of this
Clause shall contain provisions that the surface of the land shall be
restored as aea~ly as practicable to its original condition upon the comple
tion of any construction. County further agrees that should the exercise of
these rights temporarily interfere with the use of any or al 1 of the Premises
by Lessee, the rental shall be reduced in proportion to the interference with
Lessee's use of the ~remises.
27. EFFECT OF SURRENDER. The voluntary or involuntary surrender of this
Lease by Lessee shall not work a merger. Such surrender, or the termination
of this Lease t,y mutual agreement, sha 11 at the option of County terminate
any or all existing permits, subleases or subtenancies granted by Lessee or
may, a,. the option of County, operate as an assignment to it of Lessee's
rights and/or of any and/or all of such permits, subleases or subtenancies.
28. LEASE-SUBOROINATE-TO CONDITIONS-AND-RESTRICTIONS. This Lease shall
be subordinate to and subject to the terms, conditions, restrictions and
other provisions of any existing or future permit, lease and/or agreement
between County and the United States of America and/or any other local, State
or Federal agency, relative to the control, operation or maintenance of the
Airport, the execution of which has been or will be required as a condition
precedent to the opera ti on or control of. or to the expenditure of Federa 1
-23-
7 unds for, the Ai rµort. Lessee agrees to be bound by such terms, con di ti ons,
!"estrictions and provisions and, whenever the County may so demand, to
~xecute, acknowledge or consent formally to such terms, conditions, restric
~ions or µrovisions.
29. UNLAWFUL -USE. Lessee warrants that no improvements shall be
~rected, placer! upon, operated nor maintained within the Premises, nor any
nusiness or other activity conducted or carried on therein or therefrom, in
violation of the terms of this Lease, or of any regulation, order of law,
statute, by-law, or ordinance of a governmental agency having jurisdiction
and any breach of said warranty shall constitute a breach of this Lease.
30. ABAWDOJMENT. If Lessee abandons the Premises or is dispossessed by
process of law or otherwise, any personal property belonging to Lessee and
left on the Premises sixty (60) days after such abandonment or disposses~ion
shall be· deemed to have been tranferred to County. County shall have the
right to remove and to dispose of such property without liability therefore
to Lessee or to any person claiming under Lessee and shall have no need to
account therefor.
31. HOLDING-OVER. In the event Lessee shall hold over after the term
herein granted, such holding sha 11 be deemed to be a tenancy from year to
year; provided, however, either µarty may terminate this Lease at any time
during said hold~ng over by giving the other party at least one year's prior
written notice. Such notice sha 11 be given in accordance with Clause 9
(NOTICES). Such tenancy sha 11 be governed by the terms, conditions and
covenants contained in this Lease.
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32. Af1ENDMENTS. This Lease sets forth all of the agreements and under
standings of the parties and any rnondification hereof must be written.
33. LEASE --ORGANIZATION. The various headings and numbers herein, the
grouping of µrovisions of this Lease into seµarate clauses and paragraphs,
and the organization hereof, are for the purpose of convenience only and
shall not be considered otherwise.
34. FORCE MAJEURE. If either party hereto sha 11 be delayed or prevented -
from the performance of any act required hereunder by reason of acts of God,
restrictive governmental laws or regu1a ti ons, or other cause with out fault
and ueyond the control of the party obligated (financial inability excepted),
performance 0f such act shall be excused for the period of the delay; and the
period for the performance of any such act sha 11 be extended for a period
equivalent to· the period of such delay. However, nothing in this Cl a use
sha 11 excuse lessee from the prompt payment of any rental or other charge
required of Lessee, except as may be expressly provided elsewhere in this
Lease.
35. PARTIAL -INVALIDITY. If any term, covenant, condition or provision
of this Lease is held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remainder of the provisions hereof shall remain in
full force and effect and shall in no way be affected, impaired or invalid
ated thereby.
• 36. WAIVER -QF -RIGHTS. The failure of County or Lessee to insist upon
strict performance of any of the terms, covenants or conditions of this Lease
sha 11 not be deemed a wa 1 ver of any right or remedy that County or Lessee may
have. and sha 11 not be deemed a wai-ver of rights to require strict perfor
mance of all the terms. covenants and conditions of the Lease thereafter nor
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\
(
a waiver of any remedy for the subsequent breach or default of any term.
covenant or condition of the Lease.
37. FEDERAL AVIATION ADMINISTRATION REQUIREMENTS. In the event there is
any conflict between the provisions in this Clause and the other provisions
in this Lease, the provisions in this Clause shall take precedence.
a. Lessee, for itself, it! heirs. personal representatives, succes
sors in interest and assigns, as a part of the consideration hereof, does
hereby covenant and agree as a covenant running with the land that in the
event facilities are constructed, maintained or otherwise operated on the
said property described in this Lease for a purpose for which a DOT program
or activity is extended or for another purpose involving the provision of
similar services or benefits, Lessee shall maintain and operate such facili
ties and servic.es in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of
the Secretary, Part 21, N0:1discrimination in Federally-Assisted Programs of
the Department of Transportation-Effectuation of Title YI of the Civil Rights
Act of 1964, and as said Regulations may be amended.
b. Lessee, for itself, its personal representatives, successors in
interest and assigns, as a part of the consi dera ti on hereof, does hereby
covenant and agree as a covenant running with the land that: (1) no person
on the grounds of race, co·1or or national origin shall be excluded from
participation in. denied the benefits of. or be otherwise subjected to dis
crir,1ination in the use of said facilities, (2) that in the construction of
any improvements on, over or ~nder such land and the furnishing of services
thereon, no person on the grounds of race, color or national origin shall be
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• •• I • • -• •• .._. • • ♦ -• .._
(
excluded from participation in, denied the benefits of, or otherwise be sub
ject to discrimination, (3) that Lessee shall use the Premises in compliance
with all other requirements imposed by or pursuaot to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondi scrimi nation in Federally-Assisted Programs of the
Deµartment of Transportation-Effectuation ,._1f Title VI of the Civil Rights Act
of 1964, and as said Regulations may be amended.
c. That in the event of breach of any of the above nondiscrimina
tion covenants, County shall have the right to terminate this Lease and to
reenter and repossess said land and the facilities thereon, and hold the same
as if said Lease had never been made or issued. This provision does not
become effective until the procedures of 49 CFR Part 21 are foll owed and
completed including expiration of ~ppeal rights.
d. Lessee sha 11 furnish its accommodations and/or services on a
fair, equal and not unjustly discdrn1natory basis to all users thereof and it
shall charge fair, reasonable and not unjustly discriminatory prices for each
unit or service; PROVIDED, THAT Lessee may be allowed to make reasonable and
non di scrimi na tory discounts, rebates or other similar type of price reduc
tions to volume purchasers.
e. Non-compliance w·lth Provision d. above shall constitute a
material breach thereof and in the event of such non-compliance County shall
have the right to terminate this Lease and the estate hereby created without
liability therefore, or at the election of County or the United States either
or ooth said Governments shall huve the right to judicially enforce said
Provisions.
-'37-
f. Lessee agrees that it shall insert the above five (5) Provisions
in any sublease by which said Lessee grants a right or privilege to any
person, firm or corporation to render accommodations and/or services to the
public on the Premises herein leased.
g. Lessee assures that it will undertake an affirmative action
program as required by 14 CFR Part 152, Subpar't E, to insure that no person
shall on the grounds of race, creed, color, national origin or sex be
excluded from participating in any employment activities covered in 14 CFR
Part 152, Subpart E. Lessee assures that no person shall be excluded on
these grounds from participating in or receiving the services or benefits of
any program or activity covered by this subpart. Lessee assures that it. will
require that its covered suborgani za ti ons pro vi de assurances to Lessee that
they similarly vi11 undertake affirmative action programs and that they will
require assurances from their suborgani zations, as re qui red by 14 CFR Part
152, Subpart E, to the same effect.
·h. County reserves the right to further develop or improve the
landing area of the Airport as it sees fit, regardless of the desires or view
of Lessee, and without interference or hindrance.
i. County reserves the right, but shall not be obligated to Lessee,
to maintain and keep in repair tl1e landing a:--ea of the Airµort and all
publicly-owned facilities of the -Airport, together with the right -co direct
and control all activities of Lessee in this regard.
j. This Lease sha 11 be subordinate to the provisions and re qui re
ments of any existing er future agreerr,ent between County and united States,
relative to the development. operation or maintenance of the Airport.
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k. Lessee agrees to comply with the notification and review
requirements covered in Part 77 of the Federal Aviation Regulations in the
event any future structure or building is planned for the leased Premises, or
in the event of any planned modification or alteration of any present or
future building or structure situated on the leased Premises.
1. It is understood and agreed that nothing _here~n contained shall
be construed to grant or authorize the granting of an exclusive right within
the meaning of Section 308 of the Federal Aviation Act.
m. There is hereby reserved to County, its successors and assigns,
for the use and benefit of the public, a right of flight for the passage of
aircraft in the airspace above the surface of the Premises herein leased.
This public right of flight shall include the right to cause in said airspace
any no1se inherent in the operation of any aircraft used for navigation or
flight through the said airspace or landing at, taking off from or operation
on the Airport.
n. Lessee by accepting this expressly agrees for itself, its suc
cessors and assigns that it will not erect nor permit the erection of any
structure or object nor permit the growth of any tree on the land leased
hereunder to a height greater than 35 feet above the existing ·grade. In the
event the aforesaid covenants are breached, County reserves the right to
enter upon the land leased hereunder and to remove the offending structure or
object and cut the offending tree, all of which shall be at the expense of
Lessee.
o. Lessee by accepting this Lease agrees for itself, its successors
and assigns that it will not. make use of the leased Premises in any manner
-29-
P\l/AlKPllkTS.l -PALUHAR/Jllk.3Y f
\
which might interfere with the landing and taking off of aircraft from tile
Airport or otherwise constitute a hazard. In the event the aforesaid cove
nant is breached, County reserves the right to enter upon the Premises hereby
leased and cause the abatement of such interference at the expense of
Lessee.
p. This Lease and a 11 the provisions hereof sha 11 be subject to
whatever right the United States Government now has or in the future may have
or acquire, affecting the control, operation, regulation and taking over of
said Airport or the exclusive or non-exclusive use of the Airport by the
United States during the time of war or national emergency.
38. COUIHY!S-RIGHT TO-RE-..ENTER. Lessee agrees to yield and peaceably
deliver µossession of the Premises to County on the date of termination of
this Lease, whatever the reason for such termination.
Upon giving written notice of termination to Lessee or upon expira
tion of the term of this lease, County sha 11 have the right to re-enter and
take possession of the Premises on the date such termi nation becomes ef fec
t i ve without further notice of any kind and without institution of summary or
regular 1 ega l proceedings.
I
Termination of the Lease and re-entry of the
Premises by County shall in no way alter or diminish any obligation of Lessee
accrued or accruing under the Lease terms and shall not constitute an accep
tance or surrender.
Lessee waives any and all rights of redemption under any existing or
future law or statute in the event of eviction from or dispossession of the
Premises for any reason or in the event County re-enters and takes possession
of the Premises in a lawful manner.
-30-
PH/AIKPUKT~.l -PALUl·iAKtA_rn.1tu
\_ (
Lessee agrees that should the 1,1anner or method emp 1 oyed by County in
re-entering or taking possession of the Premises give Lessee a cause of
action for damages or in forcible entry and detainer, the total amount of
damages to which Lessee shall be entitled in any such action shall be one
dollar ($1.00). Lessee agrees that this Clause may be filed in any such
action, and that when filed it shall constitute a stipulation ~•f Lessee
fixing the total damages to which Lessee is entitled in such an action.
39. Tll-iE. Time is of the essence of this Lease.
40. AFFIRMATIVE-ACTION-PROGRAM. Lessee shall comply with the Affirma-
. ' tive Action Prcaram for Vendors as set forth in Article IIIK (commencing at
Section 84) of the San Diego County Administrative Code, which program is
incorporated herein by reference. A copy of the Affirmative Action Program.
for Vendors w1ll be furnished upon request.
41. NONDISCRIMINATION. Lessee herein covenants by and for itself, its
successors and assigns, and all persons claiming under ut through it, and
this Lease is made and accepted upon and subject to the condition that there
shall be no discrimination against or segregation of any person or group of
persons on account of race, color, creed, religion, sex, marital status,
national origin or ancestry in the leasing, subleasing, transferring, use,
occupancy, tenure or enjoyment of the leased premises nor shall the Lessee
itself, or any person claiming under or through it, establish or permit any
such practice or practices of discrimination or segregation with reference to
the selection, location, number, use or occupancy of tenants, lessees, sub
lessees, subtenants or vendees in the leased premise~.
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42. SPECIAL CONDITIONS.
a. Removal of County Property. County sha 11 remove or c~use to be
removed within one year from the commencement date of this Lease any or all
of the equipment and appurtenances on the Premises formerly used by the
County to shred, separate, sort and compact refuse. County reserves the
right to remove portions of the buildings containing said equipment a:'.d
appurtenances during the remova 1 process. Lessee agrees to cooperate with
County in regard to access and use of the Premises during the process of
appraising, auctioning and removing said equipment and appurtenances.
b. Restricted· Use -of Improvements. Lessee sha 11 not occupy or use
those portions of the improvements used to house the equipment formerly used
to shred, sort and compact refuse. After County has caused said equipment to
be removed, L'.=ssee • may occupy and use the area formerly containing said
equipment after Lessee, at Lessee's expense, makes said area safe for
occupancy and use.
c. Road Improvements. Lessee acknowledges that a portion of the
road near the easterly portion of the Premises is not on the Premises.
Lessee may use and maintain said portion of the road off the Premises until
County develops said area and or relocates the chain link fence now located
easterly of said road to the approximate Premises boundary. Upon prior writ
ten approval of the Airports Director, Lessee may develop· a road on the
Premises to replace said portion off the Premises.
In the event Lessee 1 s access between the Premises and El Camino
Rea 1 is restricted by a governmental agency and such restrict ion requires
Lessee to access tht: Premises by use of the proposed road (now tentatively
named Faraday Road) north of the Premises, County agrees to permit Lessee to
-32-
'I I
(
extend the access road now existing between El Cami no Rea 1 and the Prerni ses
to Faraday Road.· Such extensi9n shall be built on an alignment and in accor
dance with ·plans. and specifications previously approved in writing by the
Airports Director. County shall not be responsible for any of the costs or
expenses in pianning, constructing or maintaining said extension, except
that, in the event Lessee constructs said extension at Lessee's expensP.,
Lessee may, during the first 60 months of this Lease, deduct 1/120 of
Lessee's actual cost in constructing said extension or $583.33, whichever is
~
least, from the• ·monthly renta 1 due County. For each month this Lease
continues in effect b-eyond the 60th month of this Lease, Lessee shall repay
to County the ~~me amount deducted monthly by Lessee during the first 60
months of this Lease. Said monthly repayments shall continue until the total
amount repaid to County· equals the arn:ouni deducted during the first 60 months
of thfs-Lease or until this Lease is terminat.ed, whichever occurs first.
Said payrnents to be made by Lessee to County sha 11 be subject to the same
delinquent penalties~imposed on late rental payments in Clause 8 (LATE RENTAL
PAYMENT). Lessee's use of said access road and extension shall be non-exclu
sive.---Upon completion of said access road extension, Lessee shall provide
County with ·an itemized statement of the costs of construction of sai"d ex ten
s ion and said statement shall be sworn to be true by Lessee under penaity of
per jury.
d. Permit.. This Lease shall terminate December 31. 1984 if Lessee
ha:s· not obtained a permit from the City of Carlsbad to operate a storage and
repair facility for waste collection trucks and recycling facility on the
.Premises. Until Lessee provides µroof of having been granted the necessary
-33-
{_ (
environmental, land use and waste facility permit by the appropriate regula
tory agencies, no municipal, residential, agricultural, demolition, construc
tion, industrial, institutional, infectious or commercial or hazardous wastes
are to be processed or stored on the leasehold site for any period of time
pursuant to Natural Resources Code, Title 14, Chapter 5, Article 3.
The occupancy and opera ti on of the Premises by Lessee sha 11 be subject
to the terms, conditions, restr,i cti ons and other provisions of any e.x.i sting
or future permit, lease and/or agreement between County and the United States
of America and/or any other local, State or Federal agency relative to the
control, .. operation or maintenance of a solid waste collection, transfer,
recycling and/or disposal facility.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day
and year first above written.
Dated __ _.7:'--,_t-_-_8_o/ ___ _
Dated By
agement, Inc.
rporation
-------------------------------
tnoriied by t\1c ~ roVed end/or. au f the QP ...a , Su""eN\sors o soan,1 Ol I" l"li"'"'"' a countv ot $!'In --tt-~-,
St.P 11 1984
~fl ~/J d of Supervisors
Cler\< of tne Boar
-34-
•• • •• ~: ,..~ 1:7 ;:/~/:: /,;;: '·:.::, .. ,.
:_;~~-\ • ·--,~
• ··-------... ;-::-;--;-pK---4...::=:::~
-
..
PALOMAR
(
PALOJv1Afl AJ.RPO.RT
F/P74-0J4J90
.-
.J
Ill
--
SHEET NO
OF
84-0127A
r'I -
lega1s By:EnginE¼ in9Dated: 12-7-83
_e9a1s Checked:_A_1_t_o_na _____ Dated:_4_-_1_7_-_8_4 ____ Pr~ofec by: ________ _
~eferences: TE2379; 209-050-25, B003-07 --------------,--------------------------. ;itle Report #: Dated: Updated: ---------------------------
:)arcel #': •. 84-0127-A Tape: Code: -------------------------------
3
-.)
-)
3
)
Parcel No. 84-0127-A (4-17-84} (ENG:JA:rlf)
That. portion of Palomar Airport, in the City of Carlsbad, County of San Diego,
State of California described in deed to the County of San Diego, recorded
January 18, 1974, as File/Page No. 74-014190 in the Office of the County
Recorder of said County and described as follows:
Commencing at_the Southwesterly corner of land described in deed to the
City of Carlsbad, recorded_ June 30, 1982, •?S File/page No. 82-201566 in
the Office of said County Recorder; thence along an Easterly line of said
Palomar Airporc, South 11°17'56" West (South 10°46'15" West per deed), •
534.62 feet; thence le~~ing said Easterly line North 57°27 1 38" East, 219.80
feet to the TRUE POINT OF BEGINNING hereafter referred to as Point 11A11
; thence
·continuing North 57°27'38" East, 483.38 feet; thence South 55°54'0011 East,
2i9.31 feet; thence South 32°47'2~' Eist, 196.82 feet; thence South 57°12'36 11
we-s_t, 565. 00 f,eet to a point hereafter referred to as Point "B"; thence
Nort"h. 31°33 1 43" West, 123.23 feet; thence North 47 °51 '45" West, 42.48 feet;
thence North 32°47 '03~1
• West, 245. 62 feet to the TRUE POINT OF BEGINNING.
T0~ETHER with an Easeme.nt for Road purpose;;, 50.00 foot wide, the sidelines
of said Ea·sement _rying 25.00_ feet on ·each si«;ie of the following described -
centerline:
BEGINNING at a point distant South 32°47 1 03" East, 36.50 feet from said
·before described Point "A11 ;-thence. South 57°12'57 11 West, 58.00 feet to the
beginning of a tangent 100 ■-00 foot radius curve concave North~es terly; thence
Southwesterly-along the arc of said curve through a central angle of 44°04'59 11 ·~-:
a distance .of 76.94 feet; thence tangent to said curve "North 78°42'04" West,
4.70.feet to a POINT OF TERMINUS in the Easterly line of an existing 48.00
foot Road Easement described in said deed to the City of Carlsbad.
ALSO TOGETHER with an Easement for Road purposes, 30.00 foot wide, the side
lines of said Easement lying 15.00 feet on each side of the following described
• . cen.terl i ne:
. . ~; -"":. -•
BEGINNING :at a point distant North 31°33'43" West, 22.00 feet from said before
described Point 11 B11 ; thence South 57°12'3611 West. 47.49 feet to the beginning
of· a tangent 750. 00 foot radius curve concave Southeasterly; thence .South-
._ .west-er~y~al_.ong.,.the arc of said curve through a central angle of 08°26'32" a
•.• -distance-·of ·110.Sl feet; thence tangent to said curve South 48.:.46'04" West,
80.74 feet to a POINT OF TERMINUS in the Easterly line of said existing
48.00 foot Road Easement described in deed to the City of Carlsbad.
EXHIBIT B
SOLID WASTE TRANSFER STATION
..... ,,rf• ... ~
~ "~'.._,}'-' -----,
Shredder room
Magnetic separation and trailer loading room in background.
Date: 2-10-83 By: B. W. Conrad
SOLID WASTE
TRANSFER STATION
Looking to the west
to the public area.
Looking to east from
the public area.
Date: 2-10-83
By: B. W. Conrad
Pit area
-,.
-SOLID WASTE TRANSFER STATION
U Lb lJJJLL I . 2 .t '' _.,.h z ' szz ,J . L . ;
' .... • .. ::;-:;',=. . . -
As seen from the east looking west,'
22' x 25' Sliding doors.
Date: 2-10-83 By: B. W. Conrad
SOLID WASTE TRANSFER STATION
Office area in the foreground; pub-lie area in the middle;
main receiving building in the background.
Office, public and main receiving areas in the upper level.
Shredding and metal separation areas to the right.
Date: 2-10-83 By: B. W. Conrad
SOLID WASTE TRANSFER STATION
As seen from the west looking east.
•
As seen from entrance looking east. • Date: 2-10-83 By: B. W. Conrad
SOLID WASTE TRANSFER STATION
As seen from E1 Camino Real looking east.
As seen from upperlevel looking southeast.
Date: 2-10-83 By: B. W. Conrad
SOLID WASTE TRANSFER STATION
•
Vacant land north of station.
1
Vacant land west of station-LooK11JC:r i0t-r Co\JTA 'i?&AL wA,€'~ Cc:l •
Date: 2-10-83 By: B. W. Conrad •
SOLID WASTE TRANSFER STATION
FUEL STORAGE
Upper level 1000 gal. underground gasoline storage.
Lower level 12,000-15,000 gallon underground diesel storage.
Date: 2-10-83 By: B. W. Conrad
SOLID WASTE TRANSFER STATION
2 seventy-foot scales, weigh house and flagpole
3750 KVA electric substation
Date: 2-10-83 By: B. W. Conrad
SCALE•r•50'
...
\
\
\-r-',f<, \, \ "~
\·
Eff1I
·PLAN
I
115 TOTAL PARKING • 10 115
iOTAl-l'ARl<-1'1C.,A!1'.eA• \,'2Ac.
( 55,GoOO 69-t''T ).
'lj7--~1<-1<-ir-1& Al<EA'?
CA..-t•4to ,..,,,....
CAMr•tt
l:~ ...,. nr
VICINITY .MAP
NO SCALE
SIi• Dala
Pfef,k1 Ouc..,._: ............... ,..,_, .. ~.~,..~ ................. fMClloft .. E.l~n .. ,, ... 01r .. c....... Aoc.,, ..... ~i..,-r., c==-== .. =n::i
.t~Mt: =-:=:~ ... w
C:,-,CA-
~~:r.;-w•O-MM--,.,
0-ff: c..-tr .. SMDltie ~-~w._.. smo,,,.........,._ s.:.-m.ee.<:1. t:121 .. tttlf4-ttt2
.. _, 01,trkU
Otr9!C....
W•Kf CH•lfkl: ~ ......... W-.co.tt,ke
"'""Ohtdd: ~--... -.~ St60f1C.......ftot.a CMINII.CA ~
APH: lff..,. H
-.At..:55~•
ZMftl:J,.,..ktllMIMfCt#"•MO),/'ti ✓.-:\-=
T,.rttc C-ellM: Aptt,....,._.., .. 00 AOI • ~-::...~~~.:!=...~~~
flUOHl-rt-YftO ____ ......,_ ____ ,
.-.~ ..... rt'Mtlr..o ___ _;__ __ _
U"1'A'l'fVCM~~
COl.NTY .APPR:)\IEO o-,v.r,.GES
~--'P'IIIOJIC,
~-'
.. . ' ·CARLSAD
INDUSTRIAL '
PARK
~ FUTURE. PUBLIC
SAFETY CENTER
SITE
.. G)
i ,.J
PALOMAR AIRPORT
City of Garlsbad
COAST WASTE M·ANAGEMENT CUP 28.0x2
• I
i
\
I !
"\
\\ ;,
' ·~ -, __
'
')-
\'.) ,,._
'1
!-
Z) ~;,; -f -
, ,;J;:---_: if,,ff,/;J!_
C_'<,, '--• I , ""-4 -
~ SCALE, 1"•50'
Flfl!JTJl'IG 40'ROAO-fCJnL:1Y" EASEMENT
PLAN
115 TOTAL PARKING ~ 10} 115
E.)(C!..U'!>iVE l.l<:,E: ARe,A.
foR. ACCe'=":,/CIR<!ULA710N
,(\f2.c:>L-lt.JO L.~ ,4f'.eA
-£,a~,: C'OIIC,SWALC
SA.NO"J.AtTIJIOARrA
TOTAL l'ARl'-i>-lC,,Af!eA ~ L 2 Ac.
( S51G>OO Sq➔, J
"i7-l'Af'.1<.ir-ti;. A!<-EA'?
~ i ~1~~ CINTE,r
.,,,
--'"<--,.,.,,,,
=---r•
VICINITY MAP
NO SCALE
S116 Dalo
Prol,ct Duerlpllon:
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