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HomeMy WebLinkAbout1985-01-22; City Council; Resolution 78891 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 1€ 1s 2c 21 2: 2: 24 2f 26 27 28 RESOLUTION NO. 7889 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY CARLqBAD, CALIFORNIA, APPROVING EXTENSION OF 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 EXTENSION The City Council of the City of Carlsbad, California, does hereby I i resolve as follows: 1. That ce Carlsbad Research extended for five hereto marked Exh hereby approved. 2. That th and directed to e Carlsbad. PASSED, AFP of the City of Ca by the following AYES: CounC NOES: NaX ABSENT : ATTEST : ALETHA L. RAUTENK tain agreement between the City of Carlsbad and the Center to lease property on a temporary basis, is years a copy of the extension letter which is attached bit "A" and is on file in the City clerk's office, is Mayor of the City of Carlsbad is hereby authorized ecute said extension for and on behalf of the City of .OVED AND ADOPTED at a regular meeting of the City Council ,Isbad, California, held on the 22nd day of January , 1985, 'ate, to wit: il Members Casler, Lewis, Kulchin, chick and Pettine Yone ?t- d L MARY H. qSLER, Mayor t 1200 ELM AVENUE CARLSBAD, CA 92008-1989 Office of the Mayor January 22, 1985 Mr. Bernie Fipp Koll Company 7330 Engineer Road San Diego, Ca 92111 LEASE OF LOTS 18 AND 1 The City of Carlsbad h lease agreement betwee Center for Lots 18 and used to construct a te baseball games. Section 4 of the Agree "This lease sh; by mutual agree notifies the ot time that a tern can immediatelj Attached is a copy of Please indicate your i the place provided bel enclosed addressed anc Sincerely, Mary H. Cdsler Mayor, City of Carlsb; MBP : vf Attachments - Approved : KO 1 by TELEPHONE (619) 438-5599 AT CARSLBAD RESEARCH CENTER ; approved the extension for five years of the the City of Carlsbad and the Carlsbad Research 19 of the Research Center.. iorary softball facility for youth softball and The property will be ?nt states: 1 terminate on July 21, 1984 and can be renewed ent for five (5) years unless the Center or City er party with 2 weeks prior written notice at any nation is desired. However, the Center or City terminate this lease for any reason." he agreement dated May 17, 1984. proval of this extension by signing the letter in w and returning the letter to the City Clerk in the stamped envelope. Company ernie Fipp LEP CARLSE TO CON: AT LO1 THIS AGREEMENT is mac 1984 by and between the C referred to as the "City' Partnership , hereinafter WHEREAS, in order to of the people of Carlsbac by an adequate program of desire to enter into an i fields for the youth of c WHEREAS, the properti will be constructed is IC Pascal Court, Lot 18 and NOW, THEREFORE, THE ( 1. Center leases tc terms and provisions here 2. Property leased youth softball and basebi 3. City or its desj be removed within 10 day: this agreement. 4. This lease shall mutual agreement for fivt party with 2 weeks prior desired. However, the Cc any reason. ;E AGREEMENT BETWEEN THE CITY OF \D AND THE CARLSBAD RESEARCH CENTER XUCT A TEMPORARY SOFTBALL FACILITY 18 AND 19 OF THE RESEARCH CENTER. : and entered into this /7 day of M&/ 7 ity of Carlsbad, a municipal corporation, hereinafter and the Carlsbad Research Center, a California General referred to as the "Center". WITNESSETH: xomote and provide for the health and general welfare and to cultivate the development of good citizenship community recreation for youth, the parties hereto jreement to provide a practice softb 11 and baseball ir community; and leased by this agreement in which temporary facilities :ated in the Carlsbad Research Center adjacent to 19 of Map No. 10330. :TY AND THE CENTER agree as follows: the City for the non-exclusive use of property on the inaf ter set forth . For the purpose of providing practice fields only for 11 leaques. pee will install temporary wooden backstops which will of the termination notice or upon early termination of terminate on 3uly 21, 1984 and can be renewed by (5) years unless the Center or City notifies the other written notice at any time that a termination is 7ter or City can immediately terminate this lease for -2- 12. Insofar as it is 5. City shall pay t Center as rental the sum of One Dollar ($1.00) per the term of this agreemen 9 . 6. City shall not c mmit or suffer to be committed any waste upon the said d legally authorized, City shall hold free and harmless premises, or any nuisance) or any other act or thing which may disturb the businesses adjacent to wh €I re the demised premises are located. The property will be cleaned up after ach practice game by the City's designee. 7 7. City can use thelfacility Monday - Friday from 4:30 p.m. - dusk, and on weekends from 8:OO a.m. -/dusk. facility . I The City will be responsible for scheduling the 8. City, or its designee, will provide portable toilets and trash cans at the said site, and maintain these items on a regular basis. 9. City shall not a sign its interest under the lease or any interest therein and shall not subfet property, or any part thereof without prior written I consent of Center. I I IO. City, or its des gnee, will be responsible for the maintenance of the t fields and the surrounding area. 11. The Center will grade the said property prior to use by the City. All Center, members of the while acting as such, of Directors, its employees, officers and agents claims, loss, expenses or liability which may arise by reason of liabil'ty imposed by law because of injury to property or G injury to or death of perkon, received or suffered by reason or any defective or dangerous condition on a y ground, site, equipment, or other improvements located on the premises or maintained by the Center. Insofar as it is authorized, Center shall hold free and harmless City, members of City Boards or Commissions, its employees, officers, costs, expenses or liabil law because of injury to I operation of the recreatii shall be responsible for result of any recreationa. 13. City agrees to t program to protect agains damages on account of bod suffered or alleged to be directly or indirectly frl for City or under City's from liability to damages indirectly by or from act City's control or directil and effect during the ent one million dollars ($1,0 IN WITNESS WHEREOF, t year written above. ATTEST : Q& ALETHA L. RAUTENKRANZ City Clerk e ;y which may arise by reason of liability imposed by : death of persons received or suffered by reason of la1 programs upon said premises and, further, the City iy and all damages to property caused as a direct act iviy being conducted on said premises by City. ce out and maintain at its expense a self-insurance City's liabilities mentioned in paragraph 12 and for ly injury, including death resulting therefrom, suffered by any person or persons whatsoever resulting n any act or activities of City or any person acting mtrol or direction, and also to protect against loss to any property of any person caused directly or or activities of any persons acting for City or under I. Such insurance shall be maintained in full force re term of this agreement in amount of not less than 5,000) for each occurrence. I parties have executed this agreement on the day and CITY OF CARLSRAD, A Municipal Corporation of the State of California CARLSBAD RESEGRCH CENTER 1 UCE DRAYTON