HomeMy WebLinkAbout2001-06-26; City Council; Resolution 2001-1871
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RESOLUTION NO. 2o01-187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, authorizing an amendment to the
terms of the Ground Lease Agreement and extend the expiration
date for Carlsbad Unified School Districts’ present use of the Pine
School property for the Carlsbad Village Academy and the
Maintenance and Operation function.
WHEREAS, the City of Carlsbad and the Carlsbad Unified School District (CUSD)
currently maintain a Ground Lease for CUSD’s functions of the Carlsbad Village Academy
(CVA) and the maintenance and operation component on the Pine School property, and
WHEREAS, the terms of the existing lease are due to expire as of June 30,200l; and
WHEREAS, CUSD is actively engaged in the relocation efforts of both of those
components to an off-site location; and
WHEREAS, the City of Carlsbad desires to extend the terms of the current lease in an
effort to assist CUSD in supporting their relocation efforts in accordance with the achievement of
scheduled progress towards construction of facilities and subsequent timely relocation of the
maintenance function and CVA component; and
WHEREAS, the Carlsbad City Council desires to extend the vacation dates outlined in
the existing Ground Lease via an amendment to the lease with CUSD and that such an
amendment shall constitute a formal amendment to the existing Ground Lease acknowledged by
both parties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, the following:
1. That the above recitations are true and correct.
2. That the extension of the vacation date of the CUSD’s maintenance function at the
Pine School property is hereby extended to not later than December 3 1,200l.
3. That the extension of the vacation date of the CUSD’s Carlsbad Village Academy
component on the Pine School property is hereby extended to not later than
December 3 1,2002.
4. That all other terms and conditions outlined in the existing Ground Lease shall remain
in effect with exception of the afore mentioned vacation extension dates.
5. That the City Manager or his authorized representative is hereby authorized to
evaluate CUSD’s facility development progress according to the project(s)
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schedule(s) attached hereto and made a part hereof in order to insure that adequate
progress is being completed in a timely manner.
6. If it is determined at anytime that adequate progress is not being made according to
the project(s) schedule(s) submitted by CUSD, that the amendment submitted to
CUSD amending the expiration dates shall also grant the City of Carlsbad the right to
invoke the original terms of the agreement and thereby implement a retroactive lease
payment (hold over rent) and collect a monthly rent from CUSD according to the
original terms outlined in the lease agreement.
7. The City Manager is hereby acknowledged as the City’s authorized representative to
execute the amendment to the existing Ground Lease extending the lease expiration
date with CUSD.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 26th day of June ,2001, by the following vote
to wit:
AYES: Council Members Lewis, Kulch
NOES: None.
ABSENT: None.
ATTEST,:
w M. WOOD, City Clerk
(SEW
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