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Home My WebLink About1994-10-11; City Council; Resolution 94-288II 0 a 1 2 3 4 RESOLUTION NO. 9 4 - 2 8 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAC CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE LEAS1 HEDIONDA LAGOON BETWEEN THE CITY AND SAN DIEGO GAS & ELECTRIC FOR AGUl 5 11 6 7 8 9 WHEREAS, the City Council wishes to amend the lease with San Diego Gas d Electric to eliminate the middle portion of Agua Hedionda Lagoon; and WHEREAS, the City Council wishes to make the amendment to the lease continger 10 upon the successful negotiation of a lease between SDG&E and the YMCA for the middl 11 12 portion of the lagoon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City c l3 /I Carlsbad, California, as follows: 14 11 15 16 1. The above recitations are true and correct. 2. That the Mayor is hereby authorized to sign the second amendment to thl 17 3. That the Community Services Director or his designee is directed to delive 18 lease with SDG&E which is attached to this resolution as Exhibit "A". 19 I 20 21 22 23 24 the attached amendment to SDG&E for its signature after he has confiiel the signing of a lease between SDG&E and the YMCA of San Diego Count for the middle lagoon. 25 I/ 26 27 28 1 2 0 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Counc: 3 wit: 4 of the City of Carlsbad held on the = day Gf OCTOBER, 1994, by the following vote, t 5 6 7 8 9 AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None lo j/ CLAUDE A. LEWIS, Mayor l1 12 ATTEST: 13 l4 15 At!a&L2"T 16 17 18 19 (SEAL) ALETHA L. RAUTENKRANZ, City Clerk 20 21 22 23 24 25 \\ \\ 26 27 28 0 0' SECOND AMENDMENT TO LEASE .. This SECOND AMENDMENT TO LEASE is made and entered into this' day of 1994 by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation ("COMPANY"), as lessor and the CITY OF CARLSBAD, a Municipal Corporation ("CITY") as lessee, RECITALS A. Company and City entered into a lease of' the Agua Hedionda Upper Lagoon, dated March 4,1957 (the "Lease"). B. Company and City entered into an AMEN:DMENT TO LEASE on April 1, 1962, which amended the Lease by, among other things, adding the Agua Hedionda Middle Lagoon to the leased area. , C. Company and, City now wish to amend the Lease by canceling the Lease on the Middle Lagoon. NOW, THEREFORE, it is mutually agreed between Lessor and Lessee as follows: 1. Paragraph 3 of the Amendment to Lease, is hereby amended to delete any reference to the Middle Lagoon, and shall read as fchws: .. EXHlBll 0 0 * ”The City covenants and agrees to police, regulate, and control the entry and activities in and upon the premises demised hereunder, described as the Upper Lagoon, and the posted picnic areas, and in addition, will protect all company owned property surrounding the demised premises, exterior to the portions herein demised,-so as to minimize any and all disturbances and .. damages, including the possibility of damage to property and injury to persons incident to the use of said premises by any permittees, licensees, invitees, agents, employees or independent contractors of the City.” 2. Paragraph 14 of the Amendment to Lease is deleted, and the following is substituted in its place: “14. Both parties recognize and agree that due to the operation of the tides, flow of waters, and other causes not under the control of either party, certain subsurface obstructions, shoals, bars, and other potentially dangerous conditions, may develop’ from time. to time in’ and under the surface of the waters of the Upper Lagoon, and the City, its agents, servants, employees, permittees, licensees, invitees, and other persons using and entering upon the Upper .Lagoon and any of the premises herein demised, do so with specific knowledge and express notice of such conditions, and do hereby specifically release and hold the Company harmless from and against any claims, demands, or liabilities for damages or injuries occasioned by or resulting from such subsurface conditions.” . Q 0 8 3. To the extent that the above changes and modifications are at variance with the provisions of the Lease dated March 4,1957, as amended, the provisions of the Lease are modified, altered and amended. All other terms and conditions of the Lease shall remain and continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to Lease to be executed by their authorized corporate representatives as of the day and year first written above. - - LESSOR LESSEE SAN DIEGO GAS & CITY OF CARLSBAD, ELECTRIC COMPANY, a Municipal Corporation a California Corporation By: Ralph Richardson By: Bud Lewis Land Management Supervisor ,. Mayor of the City of Carlsbad . '. # .. -: '* . a : 0' . FIRST AMENDMENT TO LEASE . TI-IIS FIRST AMENDMENT TO LEASE is made and entered into this 30 th day of June, 1993 by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation, hereinafter called "LESSOR", and THE Y.M.C.A. OF SAN DIEGO COUNTY, a non-profit corporation hereinalter called "LESSEE". WI-JEIU~AS, Lessor and Lessee entered into a Vehicular Parking and Recreations. Lease (the "Lease") dated August 1, 198 1, and WI-IEmAS, LESSOR and LESSEE desire to amend the original Lease by adding to the existing rml property. ' NOW TI-IEREFORE, it is mutually agreed that the Lease is amended as follows: 1. The property to be leased by Lessor to Lessee shall now include the surfac waters of the Middle Lagoon and that certain property located in the county of San Diegl Slate orcalirornia (~'~cascd l;renliseslt), as more specifically described on Exhibit 11~11 attached hereto and incorporated herein by this reference. The waters of the Middle Lagoon are subject to the tidal flow of the Pacific Ocean; therefor, the boundaries of the MitItlle Lagoon are to be set at the Mean I-Iigh Tide Line. 2. Paragraph G of the Lease shall bgamended and shall now read as follows: .. "6. Use oFPremiseS: The Leased Premises shall be used by Lessee for Vehicular Parking and for the general purpose of recreation, sporting, fishing, and other purposes connected with LESSEE'S recreational camping program.'' 3. I Paragraph 7 is amended by'deleting the word "lessee" on the third line. .. . .. .. .. I. [YMCALIC.DOC] .. EXHIBIT. Z I a : e. ' 6. -8 .. I . e- # '. . T .. .. IN WITNESS W~IEREOF, the parties here to have caused this FIRST AMENDMENT TO LEASE to be executed by their authorized corporate representatives as of the clay and year first above written. .. . . .. LESSOR: ' SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation . Dy: Ralph D'. Richardson, Supervisor Land Management -, LESSEE: Y.M.C.A. OF SAN DIEGO COUNTY, a non-profit corporalion By: Richard Collato President . .. .. 'I [Y"CAlJC.DOC] . * *I .,a f ' . -. . s. .I b , , a- ... e. : 9 EXI-LIBIT "A" .. . - LEGAL DESCRIPTION PARCEL I ; .. That porlion of Lo1 "1-1" of I<ancho Agua I-Iedionda, in the City or Carlsbad, Coullly 01 San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, being more particularly described as l'ollows: Commencing at Corner No. 1 of said Rancho. Agua I-Iedionda; thence along the Norlheasterly line tlweof, South 78" 03' 00" East, 1014.32 feet; thence leaving said Northeasterly line, South 30" 48' 00" East, 238.36 feet; thence South 76" 46' 00" East, 93 1,69 Tiel: to a poirlt of intersection with the Westerly right of' way line of the Atchison, Topeka & Santa Fe Railway Company's land, as said right of way is descri.bed in c? Deed recorded September 13, 1948 in Book 2944, Page 76 of Official Records of said County of Sa11 Diego; thence .South 83" 33' 25" East, 167.89 feet to the TRUE POINT 01: BEGINNING; hxce North 26" 56' 40" West, 210.40.feel; thence North 62" 39' 20" East, 127.51 feet to a point on the mean high tide line, as established by United States Geological Survey Datum; thence dong said mean high tide line, South 39" 20' 40" East, 134.65 feet and South 44" 25' 10" East, 103.78 feet; thence leaving said mean high tide line, South 53" 40' 50" West, 1.15.57 feet; thence South 57" 1 1' 50" West, 73.95 feet; tllencc North 2GO.56' 40" West, 45.55 feet to the TRUE POINT OF BEGINNING. EXCEPTING TI-IEREFROM that portion. lying within said Atchison, Topeka & Santa Fe Ra'iiroad Conlpany's right of,way recorded September 13, 1948 in Book 2944, Page 76 of OIficial Records. YARCEL 2; That portion of the Agua I-Iedionda Lagoon generally referred to as the Middle Lagoon. The Middle Lagoo11 is designated and described for the purposes of thi: tlocumcnt as that porlion ofthe lagoon waters that lie between the Easterly right of waj line ofthe Atchison, Topeka & Santa Fe Railway Company land and-the Westerly right OJ way linc ofhc California Interstate Highway 5. EXCEPTlNG TI-IERJ3FROM any shore lands lying above mean sea level, USG? Datum. .. IYMCALlC.DOC]