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HomeMy WebLinkAbout1983-05-24; City Council; Resolution 72251 1 1 1 1 1 11 1' 1( 1: 2( 23 22 2: 24 25 26 27 28 1 ll WHEREAS, the City of Carlsbad and the Leucadia District desire to enter into a lease of land for a library; RESOLUTION NO. 7225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LEASE WITH THE LEUCADIA COUNTY WATER DISTRICT FOR A BRANCH LIBRARY SITE. County Water branch NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitation is true and correct. That the lease attached hereto as Exhibit A is hereby approved. 3. That the Mayor be authorized and directed to sign the lease on behalf of the City. PASSED, APPROVED AND ADOPTED by the City Council of the ad'o ed City of Carlsbad, California at a/re&u%?r meeting held on the 24th day of &Y , 1983. AYES : NOES: None Council Members Casler, LRwis, Kulchin, Chick and Prescott ABSENT: None LL=LT&l a& MARY H. dASLER, Mayor ATTEST : SEAL) c' EXHIBIT A. 0' * LAND LEASE - BRANCH .LIBRARY This lease is made on I 1,983 between the ? City of Carlsbad, a municipal corporation hereinafter called "City" and Leucadia County Water District , a county 'water district, hereinafter called "Districtb" Property: District leases to City real property located in J the City of Carlsbad, County of San Diego, State of California described in Exhibit A attached hereto and incorporated by reference. City shall use said property for the establishment and operation of a temporary branch City library. Term: The term of this lease is for four years from 19 87 r , 1983 to midnight on * *. unless extended or sooner terminated by City as provided for in this lease. Subject to the provisions for extension, this lease shall terminate without further notice upon expiration of the term. Any holding over by City after expiration shall not constitute any renewal or extension or give City any rights in or to the property except that City shall be permitted to remove any structures or other improvements, except underground utilities , placed on the property by' 'City. - / Extension: City may, at City's option, extend the term of this lease for additional periods of 18 months at a time, subject to all the terms and conditions of this lease. The option to extend shall be exercised by giving written notice to District not less than 30 days before the last day of the original or extended term. At the ? time of exercising the option to renew, and on the last day of the term, City shall not be in default of any provision of this lease. The notice of exercising the option shall be effective upon delivery of the notice to the District. Delievery shall mean actual delivery or deposit of the notice property addressed and posted in the United States'mail. Failure to exercise the option to extend for a period shall extinguish a11 other options to extend and the lease shall terminate on the last day of the term. District may excuse failure to meet the time limits for exercising the option to extend without waiving any of the provisions of this paragraph regarding extensions. Termination: City may terminate this lease at any time upon 30 days notice to District. District shall not terminate this lease during the original four year term. District may terminate this lease at any other time upon 18 months written notice'to City. Rent; City shall pay to District rent of $1.00 (one dollar) per year or portion thereof payable in advance on the annual anniversary of the date of commencement of the original term. The . annual rent is not subject to adjustment by District upon extension of the term. L__ Use: City shall use the property solely for the establishment, maintenance and operation of .a temporary branch City library. The primary library structure shall be no larger than 3,000 R .square feet in'floor area, and may be of modular construction. City shall use its best efforts to ensure that the design and color of the strilcture is consistent with the design and color of the District -2- office. manner that is consistent with the landscaping around the District office. City shall remove all structures and building foundations when it vacates the premises. During the term of this lease, City agrees that access to the branch library shall be provided to residents of the District on the same basis as residents of the City. City shall landscape the area around the structure in a Assignment or Subletting: City shall not assign or sublet its interest in the property without the prior consent of District, which consent shall not be unreasonably withheld. Water and Other Utilities: City shall provide water, trash, electrical and other utility service to the property. Return of Premises: Upon expiration of this lease City shali return the property to District in substantially the same condition as it was on the date of commencement of the lease. shall not commit or permit waste of the property. City . Hold Harmless and Insurance: City agrees to hold harmless, indemnify and defend District from any injury to persons or property arising out of City's possession or use of the property or City's conduct of library operations on the property. Notices and Payment: All notices and payments to District shall be delivered to: All notices to City shall be delivered to: City Manager, City of Carlsbad 1200 Elm Avenue - Carlsbad, CA 92008 Attest: This lease is executed on the date first noted above: Clerk of the Board City of Carlsbad by: Leucadia County Water District by: District Counsel ! -4- \' 6 '. .. , 7.