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Home My WebLink About2005-03-15; City Council; Resolution 2005-0671 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RES0 RESOLUTION NO. 2005-067 JTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE YEAR PARKING LEASE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND J. FLETCHER CREAMER & SONS FOR A PORTION OF THE PROPERTY AT 5815 EL CAMINO REAL WHEREAS, the City Council of the City of Carlsbad has determined that it is in the bes interest of the City to lease a portion of the parking lot it owns located at 58 15 El Camino Real, Carlsbad, CA 92008; and WHEREAS, the City Council has further determined that it accepts the terms of a one year parking lease agreement with J Fletcher Creamer & Sons for lease of 177 parking stalls located at the property; and WHEREAS, J Creamer & Sons has provided the City with all required documentation under the terms and conditions of the agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. 2. That the above recitations are true and correct. That the attached lease agreement, Exhibit 2, between the City of Carlsbad and J Fletcher Creamer & Sons is approved. That the City Manager is authorized to execute all lease documents. 3. Ill Ill Ill Ill Ill Ill Ill Ill 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on the 15th dayof MARCH 2005, by the following vote to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose A NOES: None ABSENT: None Mayor ATTEST: City Clerk (SEAL) -2- CITY OF CARLSBAD PARKING LEASE AGREEMENT J. FLETCHER CREAMER & SONS COMMENCING MARCH 15,2005 ENDING MARCH 14,2006 5 EXHIBIT 2 PARKING SPACE LEASE AGREEMENT This parking space lease agreement (“Lease”) is entered into on March 15,2005, by and between the City of Carlsbad, a California municipal corporation (“Lessor”), and J. Fletcher Creamer & Sons, a California corporation (“Lessee”). Subject to the terms and conditions set forth in this Lease, Lessor hereby leases to Lessee that certain one hundred seventy seven (1 77) parking spaces more particularly described in Exhibit A attached hereto and incorporated herein by reference (“Leased Space”). I. Term and Termination The term of this Lease shall be for a period of one (1) year commencing on March 15, 2005, and ending on March 14,2006. The Lessee may extend the term of the Lease for an additional three (3) month period by written notification to the Lessor thirty (30) days prior to the end of the current term. Notwithstanding the foregoing, Lessee or Lessor may terminate the lease at anytime and for any reason upon thirty (30) days prior written notice to the other party. 11. Payment In consideration for this Lease, Lessee agrees to pay to Lessor the rate of $22 per stall for a total of $3894 per month. Such payment shall be made by the 5th (fifth) of each month and shall be delivered by mail or in person to Lessor’s address listed in the Notices paragraph below. 111. Use of Space The Leased Space shall be used by Lessee and Lessee’s employees for the sole purpose of storing construction equipment, materials, and construction vehicles used for Project 3 887-C, Industrial Park Recycled Water Pipelines. No other commercial vehicles are permitted within the Leased Space. Leased Space may also be used for employee parking, provide employees are assigned to project 3887-C. Lessee may not conduct any other business activities on the leased premises at any time. All areas (Exhibit A) must be screened from view with temporary chain link fencing with privacy screening around the entire perimeter (Exhibit B). Use of Leased Space is conditioned on Lessee’s adherence to all provisions imposed by the Carlsbad Research Center Owner’s Association (Exhibit C). Lessee shall not disturb other tenants, block drive isles or park vehicles outside of Leased Space Area at any time. IV. Alterations by Lessee In accordance with all applicable governmental laws, regulations, ordinances and codes, Lessee may provide appropriate signage that identifies the Leased Space, subject to Lessor’s written approval of plans submitted by Lessee to Lessor. Notwithstanding the J. Fletcher Creamer & Sons Parking Agreement 3/3/2005 2 foregoing, Lessee shall not make any other alterations, additions, or improvements to the Leased Space without the prior written consent of Lessor. V. Lessee’s Obligation Lessee, at Lessee’s sole cost and expense, shall keep in substantially the same condition and repair as upon the commencement of this Lease, the Leased Space. Lessee shall also be responsible to keep the Leased Space free of dirt and debris at all times. V. Lessee’s Insurance For the mutual benefit of Lessor and Lessee, Lessee shall during the term of this Lease cause to be issued and maintained public liability insurance covering the Leased Space, in the sum of at least five hundred thousand dollars ($500,000) per single occurrence, and one million dollars ($1,000,000) in the aggregate, insuring the Lessee against liability for injury and/or death to persons or property damage, occurring in or on the Leased Space. Lessor shall be named as an additional insured entitled to primary coverage. VI. Non-Liability of Landlord Lessor, its officials, officers, agents and employees shall not be liable for any personal injury suffered by Lessee or Lessee’s employees or visitors or any damage to or destruction or loss of any personal property located or stored upon the Leased Space or property. This provision includes but is not limited to acts of theft, burglary, vandalism, assault or other criminal activity, as well as loss or damage of Lessee’s property in the Leased Space or on the property that may be caused by fire, windstorm, explosion or other cause, or by the act, or omission of any other Lessee at the property. Lessee accepts Leased Space “as is” and Lessee acknowledges that Lessor has not made and is not making any warranties whatsoever with respect to the Leased Space. Lessee acknowledges that the Leased Space and adjacent property is not secured or monitored by Lessor, and that Lessor is not responsible for supervision of any portion of Leased Space VII. Indemnification Lessee agrees to indemnifl, protect, defend, and hold harmless the City of Carlsbad, its affiliates, subsidiaries, directors, officers, employees, agents, and representatives from and against any and all obligations, causes of action, claims, costs, injuries, damages, penalties, demands, expenses, attorneys’ fees, judgments, interest andor liabilities of any nature or kind, arising from, out of, or in any way related to this Lease. The foregoing indemnity shall survive the expiration, cancellation, or termination of this Lease. VIII. Waiver of Relocation Benefits J. Fletcher Creamer & Sons Parking Agreement 3/3/2005 3 Lessee understands this Lease Agreement is entered into for a specified period of time in order to provide interim use of the property. Lessee therefore agrees to waive any and all relocation benefits defined in the California Relocation Assistance Law (Government Code, Section 7260, et, seq.) after having, the opportunity to consult with legal counsel about potential entitlements. IX. Notices Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this lease or by law to be served on or given to either party to this lease by the other party shall be in writing, and shall be deemed duly served and given when personally delivered to the party to whom it is directed or any managing employee of that party or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to Lessor Attention: Ms. Cynthia Haas at 1635 Faradav Avenue, Carlsbad, California, 92008 or to Lessee at 12874 San Fernando Rd [QddreSS], Svlmar [civ], California 91342 [zip code]. Either party may change its address for purposes of this paragraph by giving written notice of the change to the other party in the manner provided in this paragraph. X. Time of Essence Time is expressly declared to be of the essence in this Lease. XI. Governing Law This Lease, and any and all disputes arising out of or relating to this Lease, or the subject matter, enforceability or breach thereof, shall be governed by, and construed and interpreted in accordance with, the laws of the State of California, and venues for any dispute shall be in the courts of San Diego County. XII. Entire Agreement This instrument constitutes the sole and only full, final, and complete agreement between Lessor and Lessee with regard to the subject matter of this Lease and correctly sets forth the obligations of Lessor and Lessee to each other as of its date. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written and has been induced by no representations, statements, or agreements other than those herein expressed. This Lease may not be extended, amended, modified, altered, or changed, except in a writing signed by Lessor and Lessee. If any provision herein is declared invalid, it shall be considered deleted and shall not invalidate the provisions that remain. IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their duly authorized representatives. J. Fletcher Creamer & Sons Parking Agreement 3/3/2005 4 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On MAC^^ 3. a 0- before me, 3- 3r , personally appeared rnF- , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose .. name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature TERRELL L. MARON Commission C 1339 J. Fletcher Creamer & Sons Parking Agreement 3/3/2005 5 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature J. Fletcher Creamer & Sons Parking Agreement 3/3/2005 6 LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS ‘OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: s*L* * I cA - Executed at: Carlsbad, California on: rnmcu* 3, a 00 * on: By LESSEE: By LESSOR: @ T- F~vm~..Ye CmwL adL*t Raymond R. Patchett, City Manager Name Print d: W%S* By: Title: q- D0c56 . Title: Address: 1200 Carlsbad VillaPe Drive City Manager, City of Carlsbad By: Carlsbad, CA 92008 Name Printed: Telephone: /760 ) 434-2821 Title: Facsimile: J760) 720-946 1 Address: \a%\* * no S+cL%* cw 9\39> Federal ID No. 0 b(D - 50rq\ J. Fletcher Creamer & Sons Parking Agreement 3/3/2005 7 k I X W a a W a: 8 8 * c cn K W ,g G a W 0 w K --- I I EXHIBIT B J. Fletcher Creamer & Sons Parking Agreement 3/3/2005 9 EXHIBIT C CARLSBAD RESEARCH CENTER OWNER’S ASSOCATION PROVISIONS FOR USE City of Carlsbad Recycled Water Construction Contractor Activities/Storage 5815 El Camino Real, Carlsbad, CA 92008 Duration of Use March 14,2005 through March 15,2006 58 15 El Camino Real Storage/Staging Area Area shown on attached Exhibit A Enclosure as shown on attached Exhibit B Activities Storage and related activities within enclosure area only Possible jobsite trailer in storage enclosure Access IngressEgress on Priestly Drive only Hours of Activity within Park 7:OOam to 4:OOpm Monday through Friday Occasionally 9:OOpm to 5:OOam Sunday through Friday morning 581 5 El Camino Real SiteEnclosure Area Hours 6:30am to 4:OOpm Monday through Sunday Coincident with occasional night work Vehicle maintenance limited to storage area only 6:OOpm to 10:OOpm Given the lengthy duration of the work and possible changing conditions, CRC will notify the City of Carlsbad, if issues and concerns arise. J. Fletcher Creamer & Sons Parking Agreement 3/3/2005 10