Loading...
HomeMy WebLinkAbout1980-08-05; City Council; Resolution 62671 2 3 4 5 6 7 E 9 1c 11 12 12 14 1: 1E 17 1€ 15 2c 27 22 2: 24 25 26 27 2e RESOLUTION NO. 6267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD HISTORICAL SOCIETY FOR USE OF THE MAGEE HOUSE The City Council of the City of Carlsbad, Califamia does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and the Carlsbad Historical Society relative to the use of the Magee House, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof, is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 5th day of August , 1980, by the following vote to wit: AYES : Counci 1 Members Packard, Cas1 er, Anear and Kul chin NOES: [tone / RONALD C. PACKARD, Mayor ATTEST : (SEAL) LICENSE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CARLSBAD HISTORICAL SOCIETY FOR USE OF THE MAGEE HOUSE This agreement is made this Sf4 day of flu~9u~7 J910 , between the CITY OF CARLSBAD, a municipal corporation of the State of California (hereinafter referred to as "City") and the CARLSBAD HISTORICAL SOCIETY. RE C I T A L S: WHEREAS, the Carlsbad Historical Society proposes to use certain rooms at the Magee House to establish a headquarters and to collect and display historical memorabilia; and WHEREAS, the City Council of the City of Carlsbad, California has approved the use of certain rooms in the Magee House by the Carlsbad Historical Society and has determined that use of the Magee House by the Carlsbad Historical Society will provide a benefit to all the citizens in the City of Carlsbad; and WHEREAS, this lease agreement will facilitate the City of Carlsbad in fulfilling its responsibility of maintaining and utilizing the Magee House for the benefit of all citizens of Carlsbad, and WHEREAS, the Carlsbad Historical Society will provide its services at the Magee House to the public free of charge, unless otherwise authorized by the City Council.. NOW, THEREFORE, in consideration of the recitals and of the mutual covenants herein expressed, the "City" and the Carlsbad Historical Society hereby agree as follows: 1. "City" leases to the Carlsbad Historical Society for purposes of establishing a headquarters and collecting and displaying e historical memorabilia, certain portions of City property located in the City of Carlsbad, County of San Diego, State of California, commonly referred to as the Magee House, and described more fully in Exhibit "A", attached hereto and incorporated by reference. The rights specified under this lease shall apply only to those specific rooms as are described in Exhibit "B" attached hereto and incorporated by reference. The Carlsbad Historical Society may also use such other rooms as may be approved in advance and in writing by the City Manager or his designee for temporary or occasional use. Such temporary or occasional use shall be subject to any conditions imposed by the City Manager or his designee upon such use. 2. Carlsbad Historical Society agrees to pay an annual rent of one dollar due in advance on the anniversary of the date of execution of the agreement. 3. The City Manager or his designee may, upon the request of the Carlsbad Historical Society, approve in writing use by the Carlsbad Historical Society of such equipment and other personal property owned by the City as may be necessary for use by the Carlsbad Historical Society in the fullfilment of their purpose or in the presentation of any programs. The use of such equipment or other personal property shall be subject to any terms and conditions that the City Manager or his designee may in his discretion impose. Carlsbad Historical Society shall be fully responsible for custodial care in all rooms used by them. Such rooms shall be kept in a clean and sanitary condition at all times. The Carlsbad Historical Society shall make no alterations or additions to the interior, exterior or surrounding grounds of the Magee House without the express written consent of the City Manager or his designee. 4. -2- 5. City shall remain responsible for all maintenance and repairs at the Magee House. Requests for such maintenance and repairs shall be made by the Carlsbad Historical Society through the City Manager or his designee. 6. Carlsbad Historical Society shall provide the City Manager or his designee with keys to all locks on rooms used by the Carlsbad Historical Society. 7. Carlsbad Historical Society shall train all of its staff members and employees regarding proper methods of locking, closing and use of the intrusional alarm system as directed by the City Manager or his designee to insure protection of the property and its furnishings. 8. Carlsbad Historical Society covenants at all times to indemnify and hold harmless the City, its employees and officers, of any and all loss, damage or expense and shall pay in full all loss, damage or expenses as City, its employees and officers may sustain, incur or become liable for, resulting in any manner from the maintenance, use, state of repair, or any other operation or use of the Magee House by the Carlsbad Historical Society or from the grant or exercise of this lease, including any such loss, damage, or expense arising out of (a) loss of or damage to property or (b) injury to or death of persons. Carlsbad Historical Society shall be solely responsible for any loss or injury to any personal property owned or possessed by it and kept, stored, or displayed at the Magee House. 9. Carlsbad Historical Society shall procure and maintain a policy, or policies, of public liability and property damage insurance with an insurance company, or companies, approved by the City Manager -3- wherein the City is named as an additional insured, Such insurance to insure to a limit of not less than $300,000 for injuries or death of any one person, $500,000 with respect to any one incident or occurance, and to a limit of not less than $100,000 for property damage, City against any and all claims, demands, obligations, liabilities, cause, or causes, of action by reason of any act or omission by or on behalf of the Carlsbad Historical Society, its members, agents, employees, permitees or invitees whether negligent, intentional or otherwise, arising out of or in anyway connected to this agreement or the performance thereof. This lease may be terminated by either party upon one 10. year notice in writing to be served upon the other party stating the day of the month such termination will take place and upon the expiration of the time specified in such notice, this lease and privileges and rights of the Carlsbad Historical Society shall absolutely cease. 11. Unless otherwise terminated, this lease shall be for the period of five years and shall be automatically renewed for a subsequent year unless the City Manager objects to the renewal in writing. Such objection shall be made not later than 30 days prior to the anniversary of the execution of this agreement. -4- IN WITNESS WHEREOF, the parties have executed this license in duplicate as of the day and year above written. CITY OF CARLSBAD, a municipal corporation BY -RONALD C. PACKARD, Mayor ATTEST: City Clerk / CARLSBAD HISTORW&L SOCIETY APPROVED AS TO FORM: Vincem/?':xondo, Jr. City Attorney -5-