HomeMy WebLinkAbout1984-05-01; City Council; Resolution 75933
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RESOLUTION NO. 7593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD RESEARCH CENTER TO CONSTRUCT A TEMPORARY SOFTBALL
FACILITY AT LOT 18 AND 19 OF THE RESEARCH CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Carlsbad, California, does hereby
lve as follows:
1. That certain agreement between the City of Carlsbad and the
sbad Research Center to lease property on a temporary basis, a copy
h is attached hereto marked Exhibit "A" and made a part hereof, is
'by approved.
2. That the Mayor of the City of Carlsbad is hereby authorized
directed to execute said agreement for and on behalf of the City of
sbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
;he City of Carlsbad, California, held on the 1st day of May , 1984,
;he following vote, to wit:
AYES:
NOES: None
Council Wnbers Casler, Lewis, Chick and Petthe
ABSENT: Council Member Kulchin
EST:
a
LEASE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD RESEARCH CENTER TO CONSTRUCT A TEMPORARY SOFTBALL FACILITY
AT LOT 18 AND 19 OF THE RESEARCH CENTER.
THIS AdREEMENT is made and entered into this day of 9
1984 by and between the City of Carlsbad, a municipal corporation, hereinafter
referred to as the "City" and the Carlsbad Research Center, a California General
Partnershid, hereinafter referred to as the "Center",
WITNESSETH:
, in order to promote and provide for the health and general welfare
le of Carlsbad and to cultivate the development of good citizenship
by an adeqbate program of community recreation for youth, the parties hereto
desire to nter into an agreement to provide a practice softball and baseball
fields for the youth of our community; and
WHEREA I , the property leased by this agreement in which temporary facilities
structed is located in the Carlsbad Research Center adjacent to
, Lot 18 and 19 of Map No. 10330.
THE CITY AND THE CENTER agree as follows:
1. denter leases to the City for the non-exclusive use of property on the
terms and ]provisions hereinafter set forth.
roperty leased for the purpose of providing practice fields only for
ball and baseball leagues.
ity or its designee will install temporary wooden backstops which will
be remove4 within 10 days of the termination notice or upon early termination of
shall terminate on July 21, 1984 and can be renewed by
mutual ag eement for five (5) years unless the Center or City notifies the other
party wit
desired.
any reaso I .
2 weeks prior written notice at any time that a termination is
However, the Center or City can immediately terminate this lease for
5.
the term of
6.
premises,
businesses
will be
7. C
weekends
facility.
8.
-2-
City shall pay to Center as rental the sum of One Dollar ($1.00) per
this agreement.
City shall not commit or suffer to be committed any waste upon the said
or any nuisance, or any other act or thing which may disturb the
adjacent to where the demised premises are located. The property
cleaned up after each practice game by the City's designee.
.ty can use the facility Monday - Friday from 4:30 p.m. - dusk, and on
from 8:OO a.m. - dusk. The City will be responsible for scheduling the
City, or its designee, will provide portable toilets and trash cans at
r as it is legally authorized, Center shall hold free and harmless
ers of City Council, Boards or Commissions, its employees, officers,
the said
9.
therein and
consent of
10.
fields and
11.
grading
12.
Center,
while acting
arise by
injury to
dangerous
located on
site, and maintain these items on a regular basis.
C$ty shall not assign its interest under the lease or any interest
shall not sublet property, or any part thereof without prior written
Center.
City, or its designee, will be responsible for the maintenance of the
the surrounding area.
The Center will grade the said property prior to use by the City. All
must have prior approval by the Center.
Insofar as it is legally authorized, City shall hold free and harmless
metmbers of the Board of Directors, its employees, officers and agents
as such, from all claims, loss, expenses or liability which may
season of liability imposed by law because of injury to property or
or death of person, received or suffered by reason or any defective or
condition on any ground, site, equipment, or other improvements
the premises owned or maintained by the Center.
costs, expenses
law because
operation or
shall be
result of
y agrees to take out and maintain at its expense a self-insurance
rotect against City's liabilities mentioned in paragraph 12 and for
or liability which may arise by reason of liability imposed by
of injury to or death of persons received or suffered by reason of
the recreational programs upon said premises and, further, the City
responsible for any and all damages to property caused as a direct
any recreational activiy being conducted on said premises by City.
damages on laccount of bodily injury, including death resulting therefrom,
suffered or
directly or
alleged to be suffered by any person or persons whatsoever resulting
indirectly from any act or activities of City or any person acting
for City or1 under City's control or direction, and also to protect against loss
year written
ATTEST :
to damages to any property of any person caused directly or
or from acts or activities of any persons acting for City or under
above.
City's contbol or direction. Such insurance shall be maintained in full force
the entire term of this agreement in amount of not less than
($l,OOO,OOO> for each occurrence.
the parties have executed this agreement on the day and
CITY OF CARLSBAD, A Municipal
Corporation of the State of California
I ALETHA L. qAUTE34KRANZ WRY CASLER, Mayor
City Clerk 1
CARLSBAD RESEARCH CENTER
BRUCE DRAYTON