Loading...
HomeMy WebLinkAboutCalifornia, State Of; 1990-02-06; Parks & Rec-7 __ v%, fiITE 1T-IloN’T $A 1 IT INTER-DEPARTMENT MEMORANDUM AM TO City Clerk DATE 5/8/90 ,9 PM I= These were sent to Ron from Gary Kellison and are the copies that were not executed. Essentially, we can destroy them. Ron wanted me to send them to you so that you could retain them and destroy them according to your procedures for public records. Randee Harlib attachments REPLY ON THIS SHEET ___ ____ FROM - ______ - __ ____~__ ~- - I - WILNER SERVlOE &NE STANDARD INTER DEPT. MEMO FORM 11 -24-PD + e *q _. *, * May 4, 1990 TO: FROM: RON BALL, ASSISTANT CITY ATTORNEY Gary Kellison, Associate Civil Engineer OPERATING AGREEMENT WITH STATE PARKS FOR THE OCEAN STREET SCULPTURE PARK Attached are the six copies of an unexecuted version of the Operating Agreement between the California Department of Parks and Recreation and the Carlsbad Housing and Redevelopment Commission. The City of Carlsbad is signitor to the version that was executed. / [J' c',<,, F- -L-l /d&+&&?f/ 7l u- u d GARY KELLISON Project Manager GK:jkb Attachment c: John Cahill, Municipal Projects Manager May 8, 1990 To: File The attached original agreement has apparently been superceded by a new agreement between the City and State Dept. of Parks & Rec. (Res. 90-99, on April 10, 1990). destroyed. The five extras of outdated agreement have been K. 3 2/ CARLSBAD STATE BEACH INDEX I ~ I i 7 1 1 the Department of Parks and Recreation, hereinafter referred to as "SI 17 j 26 27 -__ I --_ I &-A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 24 m 0 NOW, THEREFORE, in consideration of the mutual covenants herei contained, the parties hereto do hereby covenant and agree as follows: 1. PREMISES: STATE authorizes COMMISSION to develop, operate control, and maintain a portion of Carlsbad State Reach, as shown on Ex A attached, and hereby made a part hereof. STATE shall not be liable any costs of development, maintenance, control, or operation of the pre l! If 2. - USE: COMMISSION agrees to develop, operate, control, and maintain the premises as public recreational beach/park facilities to b accessible and subject to the use and enjoyment of the general public. development and operation of the premises shall be conducted in accorda with the approved State General Plan for Carlsbad State Beach adopted November 1983 and all applicable federal, state, and local government statutes, laws, and regulations. Copies of said General Plans are on f at the San Diego Coast Distric Office, 2680 Carlsbad Boulevard, Carlsba 92008. Should the COMMISSION propose developments or operations not authorized under the current Carlsbad State Beach general plan, COMMISS may prepare an amendment to said plan, pursuant to Public Resources Cod1 Section 5080.31 which amendment shall be submitted to and approved by tl California State Park and Recreation Commission. I I 25 26 27 COURT PAPER STATE OF CALIFORVIA STD 113 (REV 8 72) OS? COMMISSION may adopt rules and regulations for the use and enjoyment of the premises. COMMISSION shall conform to and be consistent with the rules and regula Any such rules and regulations adopted by 3 a 0 /I *I .'I adopted by STATE and generally applicable to the State Park System, incli said property. Said premises shall not be used for any other purpose th: those herein described. 3. TERM: and shall commence on March 1, 1990. The term of this Agreement shall be twenty (20) yea1 COMMISSION shall have the option to extend the term of this 9 '1 Agreement for an additional twenty (20) year period subject to approval ( 10 11 STATE. Notification of said exercise of option shall be submitted to ST] in writing at least 18 months prior to the termination date of this 12 l1 1 ,i Agreement. t jj li 13 j ii 11 14 ! 4. CONSIDERATION: In consideration of the services to be per: 15 I! by COMMISSION pursuant to this Agreement, i .e. , development, care, 16 /j maintenance, operation, and control of subject premises, STATE hereby 17 /I authorizes the use of the said premises by COMMISSION on a rent-free bas: p8.1 on the condition that COMMISSION exert a good faith effort in performing 19 11 services identified in this paragraph. In the event that COMMISSION fai: 20 '1 perform in good faith, such services for the benefit, use and enjoyment j 21 11 the general public, this beach park unit identified in Exhibit "A" shall 22 jl 23 24 ii 5. CONSTRUCTION: COMMISSION, at no cost or expense to STATE, 25 // undertake new development, construction, or improvements to enhance publ: recreational facilities at this park unit. Such development, constructic 1; 29 1; or improvements shall be in accordance with the State General Plan for I/ I/ I1 j! /i /I 'i revert back to the STATE. I! li I 4 COURTPAQER /I STATE OF CALIFORNIA STD. 113 (REV. 8-72) 'I li OSP '1 /I !I .' . $1 . , i I 5l own forces or by its contractors without prior written STATE approval c 7 or disapproval of such plans and specifications, in writing, within for I I) 1 2 3 4 5 6 m W I/ installed, or placed thereon. During the term of this agreement it shal COMMISSION'S responsibility to ensure that the premises are maintained j such a level and standard of condition and repair as other city park anc beach facilities. 5. CONCESSIONS: Subject to prior approval in writing by STATI /I 9, 10 requirements of the STATE under Section 5080.33 and 5080.34 of the Pub11 Resources Code. requirements of the Public Resources Code Section 5080.20. No concessic All concession contracts shall be subject to the I l3 I 14 I 9. REVENUES: Any income to COMMISSION derived from its contrc , '. " I 1 2 3 4 5 i 6! STATE not later than the following September 30th. Said report shall ir a reasonable weekly estimate of the number of visitors to the area, as b as the number of vehicles. The books, records, and accounts kept by COMMISSION applying to operation of the premises, shall at all reasonable times be open for aud 31 I 4 5 2l improvements caused by such hereinabove described work. 12. EMINENT DOMAIN PROCEEDINGS: If the premises or any porti thereof is taken by proceedings in eminent domain, state shall receive 6 7 1 I j entire award for such taking except that COMMISSION shall receive out o award the fair market value of any improvements then existing and const ~ 25 1 I i I consumers - all items), promulgated by the Bureau of Labor Statistics I ., a ,L .. II 21 LIABILITY INSURANCE). 6i 9l 7 8l 10 arising out of the development, operation, or maintenance of the proper COMMISSION described herein which claims, demands, or causes or action under Government Code Section 895.2 or otherwise, except for liability arising out of the concurrent or sole negligence, or deliberate act of its officers, agents, or employees. 'i I I I I. I. I' ". 1 1 11 0 0 In the event judgment is entered against STATE and COMMISSION 71 8 9 10 15. PROHIBITIONS AGAINST COMMISSION ASSIGNING, SUBLETTING: T I 1 1 Agreement shall not, nor shall any interest therein or thereunder be assigned, delegated, mortgaged, hypothecated, or transferred either by COMMISSION let or sublet, or grant any licenses or permits with respect i 13 24 withheld. (MAINTENANCE OBLIGATIONS OF CITY) and Paragraph 8 (CONCESSIONS) above. This paragraph does not apply to the provisions of Paragraph 1 ~ j I 11 18. NOTICES: All written notices pursuant to this Agreement c 6i 7 $1 income from the premises, and (b) improvements the cost of which COMMIZ has been paid or reimbursed by state, through grants or other sources. i i i 23 24 i C. STATE may not commence termination proceedings until such i i j 51 6 I ~ In the event of brech, bankruptcy, insolvency, abandonment, or termination of Agreement upon COMMISSION'S request, the above-described 19 20 1 1 I i any person because of race, color, religion, sex, marital status, natioi origin, or ancestry of that person. Attached Statndard Form 17A is I COURT PAPER STATE OF CALIFORNIA STD 113 (REV 8 72) OSP 13 /I // a * Ill 1 3 I/ ji define, limit, or describe the scope or intent of this Agreement or in Ij , .\ ’ .. *, *‘ jl I/ 23. PARAGRAPH TITLES: The paragraph titles in this Agreement inserted only as a matter of convenience and for reference, and in no w 2 11 il 4 i/ affect this Agreement. j! I/ 51 61 7 1 counterparts each of which shall be deemed an original. 24. AGREEMENT IN COUNTERPARTS: This Agreement is executed in li 81 10 1 : entire Agreement between the parties hereto and neigher it nor any part /I 9 jj 25. AGREEMENT IN WRITING: This Agreement contains and embracf j( ‘I 111; I1 j/ 12 11 !I 13 I! p4 1, interest. may be changed, altered, modified, limited, or extended orally, or by a1 agreement between the parties unless usch Agreement be expressed in writ signed, and acknowledged by the STATE and COMMISSION, or their successoi !I ji ‘I 15 li ii 11 19 j! 16 1 26. INSPECTION: STATE or its authorized representative shall ii 1711 I1 ti 18 II /j the right at all reasonalbe times to inspect the premises to determine i provisions of this Agreement are being complied with. 27. SUCCESSORS IN INTEREST: Unless otherwise provided in this j 21 1 Agreement, the terms, covenants, and conditins contained herein shall ap I[ 22 11 to and bind the heirs, successors, executors, administrators, and assign I1 23 11 all the parties hereto, all or whom shall be jointly and severally liabl 20 11 1 I1 25 !I 11 26 ; i 27 11 provision of this Agreement is held by a court of competent jurisdiction j 28. PARTIAL INVALIDITY: If any term, covenant, condition, or it ll COURT PAPER 1 14 STATE OF CALIFORNIA STD. 113 (REV 8-72) I i OS? I! I .. * .. ’, . I1 2 i invalid, void, or unenforceable, the remiander of the provisions hereof ! remian in full force and effect and shall in no way be affected, impairc 20 j j DEPARTMENT OF GENERAL SERVICES 22 23 24 i BY j I I 1 I 14 :: D n OQ - X m H W H e * CARLSBAI) STATE BEACH lixx~cts ~GIcum M CUIK)PIHA DEPARTMENT OF PARKS AND RECREATION I ___.-.I 1 E & H / 6 I -r A- pJ s- l- ,* E- c <g e 8 5 d) anuany ye0 ;e----.- .. m c UV 2 y,S';"f 20 Yg r3 8 .ea PS w oascco p: u o-u-orno e LOUU 3 c(D- &A::!$2 d cln--ou anumv au!d - e. e 2 . +. ., ' 'v - I. 1. * 1, ~ NONDISCRIMINATION CLAUSE (om - 1) 1, During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for ernployment because of race, reli- gion, color, national ori in, ancestry, physical handicap, Contractors and subcontractors shall insure that the evalua- tion and treatment of their employees and applicants for ern loyment are free of such discrimination. Contractors and Employment and Housing Act (Government Code, Section 12900 et seg , 1 and the applicable regulations promulgated thereunder (Calirornia Administrative Code, Title 2, Section 72850 et seq,), The applicable regulations of the Fair Employment and Housing Commission im lerenting Government Code, Section 12990J set forth in Chapter ! of Division 4 of Title 2 of the Cali- fornia Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full., Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement , 2, This contractor shall include tne nondiscrimination and com- pliance provisions of this clause in all subcontracts to perfor work under the contract, medical condition, marita 9 status, age (over 40) or s2x. su E contractors shall comply with the provisions of the Fair STD. 17A (NE'H 5-83) February 13, 1990 California Dept. of Parks & Recreation 2680 Carlsbad Boulevard Carlsbad, CA 92008 Attn: William Fait, District Superintendent Re: Operating Agreement for Construction of Phase IV of Carlsbad Streetscape Program The Carlsbad Housing & Redevelopment Commission at its meeting of February 6, 1990, adopted Resolution No. 161, approving an agreement with the State of California Dept. of Parks & Recreation for the construction of Phase IV of the Carlsbad Streetscape Program at Carlsbad State Beach. Enclosed per your instructions are the original and five copies of the agreement with original signatures. As soon as the document has been signed by representatives of the State, please return one fully executed agreement to the City Clerk’s Office. Also enclosed for your records is a copy of Resolution No. 161 which approved the agreement. Zdfi Deputy City Clerk Encs. ______- 1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-2801 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 COURT PAPER STATE 01' CALIFORNIA STL) 113 (REV 8.721 OljP 0 0 OPERATING AGREEMENT CARLSBAD STATE BEACH INDEX Pa Paragraph - 1. Premises.. 3 2. Use 3 4 3. Term ........................... 4 4. Cons'ideration ...................... 4 5. Construction ....................... ....................... ........................... 6. Ownership of Improvements . * a . o . o . m e . a o . . e 5 7. Maintenance of Obligations of Commission ......... 5 8. Concessions 6 9. Revenues.. 6 10. Records and Accounts 6 11. Beach Erosion Control and Protection Work ........ 7 12. Eminent Domain Proceedings 8 13. Utilities 8 8 14. Pub1.i~ Liability Insurance ................ 9 15. Hold Harmless Agreement ................. 1 16. Prohibitions Against Commission Assigning, Subletting. .. 1 1.7. Defaults and Remedies. .................. 1 18. Notices ......................... 1 19. Termination. ....................... 1 20. Real Property Acquisition. ................ 1 21. Nondescrimination. .................... 1 22. Limitation ........................ 1 23. Paragraph Titles ..................... 1 24. Agreement in Counterparts. ................ 1 2s. Agreement in Writing ................... 26. Inspection 1 1 27. Successors in Interest .................. 1 28. Partial Invalidity .................... 1 29. Waiver of Rights ..................... Signatures 1 ....................... ....................... ................... ................ ........................ ........................ ........................ ....................... Exhibits.. I " 1 1 2 3 4 5 6 7 8 ' lo 11 12 l3 l4 I-5 l6 17 18 I.s 2o 21 22 25 z4 XI 26 27 r 011il I PAPFR 5TnrC OF Chl IFORNIt TI, 113 nrv H 721 qSP e e OPERATING AGREEMENT CARLSBAD STATE BEACH TIIIS OPERATING AGREEMENT (Agreement), made and entered into 1 by and between STATE OF CALIFORNIA, acting throul Dcpartmcnt of Parks and Recreation, hereinafter relerred to as "STATE" I t hc City of Carl sbad IIousing and Redevelopment Commission, herj naf ter rclcrred Lo as Commission, without regard to number and gender. W I T N E S S E T €I _-_-_____- A. Pursuant to the provisions of Section 5080.30, et seq., Public Resources Code of the State of California, STATE may enter into operating agreement with subdivisions of the State of Calilornia for th development and operation of lands under the jurisdiction of STATE for purpose of the SLate Park System. 13. S'I'A'TE has acquired for park and recreational piirposes ce real property known as "Carlsbad State Beach" as identified in Exhibit attached. These park properties are located within the City of Carlsb: the County of San Diego. C. STATE and COMMISSION desire to enter into an Agreement provide for the development, operation, contlrol, and maintenance of a of Carlsbad StaLc ])each by the City of Carlsbad as identified on Exhib __- _-- 2 1 '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2'0 21 22 25 24 25 26 27 COLJRT PAPER SrAIF OF CAClrORNlA 511) 113 Rrv 8721 OSP e e NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto do hereby covenant and agree as follows: 1. PREMISES: STATE authorizes COMMISSION to develop, operate, control, and maintain a portion of Carlsbad State Beach, as shown on Exh "A" attached, and hereby made a part here6f. STATE shall not be liable any costs of development, maintenance, control, or operation of the prer 2. - USE: COMMISSION agrees to develop, operate, control, and maintain the premises as public recreational beach/park facilities to bc accessible and subject to the use and enjoyment of the general public. development and operation of the premises shall be conducted in accordai with the approved State General Plan for Carlsbad State Beach adopted November 1983 and all applicable federal, state, and local government statutes, laws, and regulations. Copies of said General Plans are on f at the San Diego Coast Distric Office, 2680 Carlsbad Boulevard, Carlsba 92008. Should the COMMISSION propose developments or operations not authorized under the current Carlsbad State Beach general plan, COMMISS may prepare an amendment to said plan, pursuant to Public Resources Cod Section 5080.31 which amendment shall be submitted to and approved by t California State Park and Recreation Commission. 1 COMMISSION may adopt rules and regulations for the use and enjoyment of the premises. COMMISSION shall conform to and be consistent with the rules and regulz Any such rules and regulations adopted by 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 24 25 26 27 COO t2 I PAPER sr~rr cr cnLIraR%iA 571% lI? IlilV 13 72, osr a e adopted by STATE and generally applicable to the State Park System, incl said property. Said premises shall not be used for any other purpose tf- those herein described. 3. -- TERM: The term of this Agreement shall be twenty (20) yea and shall commence on COMMISSION shall have the option to extend the term of this Agreement for an additional twenty (20) year period subject to approval STATE. Notification of said exercise of option shall be submitted to S in writing at least 18 months prior to the termination date of this Agreement. 4. CONSIDERATION: In consideration of the services to be pel by COMMISSION pursuant to this Agreement, i.e., development, care, maintenance, operation, and control of subject premises, STATE hereby authorizes the use of the said premises by COMMISSION on a rent-free bz on the condition that COMMISSION exert a good faith effort in performi services identified in this paragraph. In the event that COMMISSION f perform in good faith, such services for the benefit, use and enjoymen the general public, this beach park unit identified in Exhibit "A" sha revert back to the STATE. 5. CONSTRUCTION: COMMISSION, at no cost or expense to STATE undertake new development, construction, or improvements to enhance pu recreational facilities at this park unit. Such development, construc or improvements shall be in accordance with the State General Plan foi 1 4 1 2 3 4 5 6 7 8 9 10 11 12 13 I I I I l4 j 151 1611 I 0 0 Carlsbad State Beach. All plans and specifications for improvement and development shall be approved by STATE to ensure that such plans comply with STATE'S requirements. No such improvement or development including beach erosion control and protection, shall be commenced by COMMISSION': own forces or by its contractors without prior written STATE approval ol such plans and specifications. STATE agrbes to communicate its approva. or disapproval of such plans and specifications, in writing, within fori five (45) days of receipt of same (disapprovals shall be accompanied wi' written explanation of reasons for such disapproval). STATE, however, agrees not to unreasonably withhold said approval, and if STATE fails t approve or specify changes, than approval is deemed to be given at the of the forty five (45) day period. 6. OWNERSJIIP OF IMPROVEMENX: Upon termination of this Agrec pursuant to any provisions under Paragraph 19 (TERMINATION), all improb constructed shall become part of the realty and title to said improveme 17 i 18 19j 201 21 22 1 23 24 ' 251 1 261 I I I 1 I I 27 I I COURTPAPER 1 i STATE OF CALIFORNIA STL> 113 (REV 8 721 OSP shalL vest in STATE. COMMISSION, a Notice of Completion shall be filed with the STATE. Notwithstanding the above, art park elements consisting of art sculptul shall remian the property of the COMMISSION and at the time of expirat termination of the operating agreement may be removed or relocated off property . For all improvements erected on the premises by 7. MAINTENANCE OBLIGATIONS OF COWISSION: During the term o Agreement, COMMISSION at no cost or expense to STATE shall provide for upkeep and maintenance of the premises in a safe, good condition, and substantial repair, and all improvements of any kind which may be erec I 5 1 2 3 4 5 6 * e installed, or placed thereon. During the term of this agreement it shall COMMISSION'S responsibility to ensure that the premises are maintained in such a level and standard of condition and repair as other city park and beach facilities. 8. CONCESSIONS: Subject to prior approval in writing by STATE 7 8 9 10 11 12 13 COMMISSION may grant concessions in or upon the premises consistent with requirements of the STATE under Section 5080.33 and 5080.34 of the Public Resources Code. All concession contracts shall be subject to the requirements of the Public Resources Code Section 5080.20. No concessio shall be granted by COMMISSION which will exploit public lands for comme purposes. I 14 1 151 i 9. REVENUES: Any income to COMMISSION derived from its contrc operation of premises for services, benefits, or accommodation to the I 17' 18 19 20 1 I of the premises. shall be utilized for the benefit of the premises. Any such portion of income as may exceed costs and exp 10. RECORDS AND ACCOUNTS: C0P"IISSION shall, at all times dur 251 1 27 26 I I COURT PAPER STATE OF CALIFORNIA ITD 113 tREV 8721 OSP COMMSSION shall report said income and expenditures to STATE on an ann basis, which annual report shall be submitted for the period commencing July 1st and ending June 30th of each reporting year, and shall be file 6 1 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 .; e STATE not later than the following September 30th. a reasonable weekly estimate of the number of visitors to the area, as as the number of vehicles. Said report shall i The books, records, and accounts kept by COMMISSION applying t operation of the premises, shall at all rkasonable times be open for au inspection by STATE. The annual report required by this clause shall be delivered t STATE at the address set forth in Paragraph 18 (NOTICES). 11. BEACH EROSION CONTROL AND PROTECTION WORK: Any developmc beach erosion control, or protection work which may be undertaken by S’l the Ilnjted States of America, along or on the premises, in the manner provided by law or under the rules of STATE, shall not, in any way be construed as constituting a termination of this Agreement or in any waj 1 fi I 19 20 21 22 23 I 24 25 27 26l COURT PAPER STATE OF CALIFORNIA STD 113 IREV 8-72) I OSP ~ I affecting same. STATE shall have the right to enter into agreements for such \ during the term hereof and to go upon the premises or to authorize any person, firm, or corporation to go upon the premises for the purposes ( construction, beach erosion control, or protection work, or the doing ( other public work for the improvement or development of the premises, provided that STATE except for emergency reQair, shall give COMMISSION three (3) months prior written notice of its intention to do any of thi herein mentioned. COMMISSION shall be given the opportunity to review comment on plans and specifications before such work is undertaken. S‘ 7 I 11 2' I 4 3i 5 6 7 8 9 10 11 12 13 14 15 16 17 181 I 19 20 21 22 23 241 251 I 27 26i 1 COURT PAPER STATE OF CALIFORNIA STD 113 lREV 8 721 OS? 0 e agrees to repair, at its sole cost and expense, any damage to COMMISSION improvements caused by such hereinabove described work. 12. EMINENT DOMAIN PROCEEDINGS: If the premises or any portio1 thereof is taken by proceedings in eminent domain, state shall receive tl entire award for such taking except that COMMISSION shall receive out of award the fair market value of any improvements then existing and constrr by COMMISSION, except for: (a) improvements erected with funds realized through income form the premises, and (b) improvements the costs of whic COMMISSION has been paid or reimbursed by STATE through grants or other sources. into consideration the terms of this Agreement. Fair market value shall be determined by said proceedings taki 13. UTILITIES: COMMISSION shall be responsible for all utilit charges supplied to the premises. 14. PUBLIC LIABILITY INSURANCE: COMMISSION agrees, at its sol expense, to maintain in force during the term of this Agreement comprehl general liability insurance, insuring against claims for injuries to pe or property occurring in, upon, or about premises. Said insurance shal have limits of not less than $500,000 and $1,000,000 for injuries to pe or persons, respectively; not less than $150,000 for property damage; said limits shall be adjusted annually to feflect changes in the prior Consumer Price Index (CPI) for Los Angeles -,Anaheim - giverside (all u consumers - all items), promulgated by the Bureau of Labor Statistics c U. S. Department of Labor. STATE agrees that COMMISSION, at COMMISSIOA option, may self-insure the coverages required by this Paragraph 14 (PI 8 1 2 3 4 5 6 7 I 0 * LIABILITY INSURANCE). 15. IIOLJ) IIARMLESS AGREEMENT: CODNISSION shall indemnify, hold harmless, and defend STATE, its officers, agents, and employees against and all claims, demands, damages, costs, expenses, or liability costs arising out of the development, operation; or maintenance of the propert COMMISSION described herein which claims, demands, or causes or action E 8 9 10 I1 12 13 I 141 I I l5 j under Government Code Section 895.2 or otherwise, except for liability arising out of the concurrent or sole negligence, or deliberate act of : its officers, agents, or employees. In the event STATE is named as co-defendant in a legal action, the provisions of the Government Code Section 810 et seq., and COMMISSI served with process of such legal action, then commission shall immedia notify STATE of such fact and shall represent STATE in such legal actio provided herein unless STATE undertakes to represent itself as co-defen 17, 18 I I l9 I 2o I in such legal action, in which event STATE shall bear its own litigatio costs, expenses, and attorney’s fees. In the event COMNISSION is named as co-defendant in a legal ac under the provisions of the Government Code Section 810 et seq., and SI 1 I 26‘ 25 I I 27 I COURT PAPER STATE 01 CAI IFORNIA STO 113 (REV 8 721 09P such legal action, in which event COMJ\IISSION shall bear its own litiga costs, expenses, and attorney’s fees. _-- 9 I 1 2 3 4 5 6 7 8 9 10 0 0 In the event judgment is entered against STATE and COMMISSION because of the concurrent negligence of STATE and COMMISSION, their offic agenls, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. , 16. PROHIBITIONS AGAINST COMMISSION ASSIGNING, SUBLETTING: TI Agreement shall not, nor shall any interest therein or thereunder be assigned, delegated, mortgaged, hypothecated, or transferred either by COMMISSION let or sublet, or grant any licenses or permits with respect the use and occupancy of the premises or any protion thereof, without I1! 12 13 14 15 l6 1 171 I 18, I 19 j 2o i I I 211 22i 23 ! 24 1 25 I 26 I 27 COURT PAPER >+ATE OF CALIFORNIA TTC? 113 #REV 8 72) OS? I obtaining the prior written consent of STATE which shall not be unreasoi withheld. This paragraph does not apply to the provisions of Paragraph (MAlNTENANCE OBLIGATIONS OF CITY) and Paragraph 8 (CONCESSIONS) above. 17. DEFAULTS AND REMEDIES: Either party may terminate this Agreement for breach by the other party upon giving the other party wrj notice at least sixty (60) days prior to said termination date. In the event of any breach of this Agreement by STATE, COMMIS: shall notify STATE in writing of such breach, and STATE shall have thi (30) days in which to initiate action to cured said breach. In the event of any breach of thisyAgreement by COMMISSION, S shall notify COMMISSION in writing of said breach, and COPPUSSION shal thirty (30) days in which to initiate action to cure said breach. ___ lo 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 COLJRT PAPER ST+?€ OF CALIFORNIA iiD 11 3 IliSV fl 771 c iP e e 18. NOTICES: All written notices pursuant to this Agreement sh: be addressed as set forth below or as either party may hereafter designatt written notice and shall be personally delivered or sent through the Unit States mail: STATE : State of California Department of Parks and ‘Recreation Concession Programs Division P. 0. Box 942896 Sacramento, CA 94296-0001 With Copy to: Southern Region Headquarters 1333 Camino Del Rio South, Suite 200 San Diego, CA 92108 CO~IISSION : City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1982 19. TERMINATION: Notwithstanding the provisions of Paragraph (DEFAULTS AND REMEDIES) either party may terminate this Agreement for ar reason. The party who wishes to terminate tk Agreement shall give wri notice of its intention no later than three hundred and sixty five (365 before the scheduled termination date. Such notice shall be given in w and shall be effective on the date given in the notice as the scheduled 11 2 ll 0 e for the termination of the Agreement. In the event that the STATE is the party choosing to terminate the Agreement, the STATE shall pay to COMNISS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER SIATE OF CALIFORNIA STD 113 IREV 0 721 GTP the following exceptions, (a) improvements erected with funds realized tf income from the premises, and (b) improvements the cost of which COMMISSI has been paid or reimbursed by state, through grants or other sources. Depreciated costs shall be computed in the following manner: A. Upon completion of improvements, or within sixty (60) days t opening for public use, whichever is later, COMMISSION will submit verif cost statements accompanied by substantiating invoices and bills of labo material, or any other reasonable construction costs, to STATE. These c plus such future construction costs when expended shall represent the co improvements. 1 B. The cost of improvements shall be depreciated on a straight line basis over twenty (20) year life. The depreciated cost shall be dc mined by dividing the cost of improvements by two hundred forty (240) mc and multiplying the results by the number of whole months remaining in t term of the Agreement at the scheduled termination date. C. STATE may not commence terminat3on proceedings until such as the funds required for such termination and reimbursement have been obtained through appropriations by the Legislature and through the norm; budgeting process of the STATE. I 1 12 I 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 COlJRT PAPER STATE OF CALIFORNIA ST0 11.3 <REV 8 721 05P 0 e It is expressly understood that the above-described reimbursemer provisions are not applicable where STATE terminates this Agreement for E breach on the part of COMMISSION. In the event of brech, bankruptcy, insolvency, abandonment, or termination of Agreement upon COMMISSION'S' request, the above-described reimbursement provision shall not apply and shall not be considered an obligation of the STATE. 20. REAL PROPERTY ACQUISITION: It is understood and agreed by parties hereto, that all applications for real property rights, appurten the real properties herein described, shall be made in the name of and o behalf of STATE, and shall be subject to the prior approval in writing o mm. 21. NONDISCRIMINATION: Pursuant to Public Resources Code Section 5080.34, this Agreement prohibits, and every contract on lands t are subject to this Agreement shall expressly prohibit discreimination i any person because of race, color, religion, sex, marital status, natior origin, or ancestry of that person. incorporated herein. Attached Statndard Form 17A is 22. LIMITATION: This Agreement is subject to all valid and exjsting contracts, leases, licenses, encumbwnces, and claims of title may affect premises. --- --- 13 1 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 LOURT PAPER TU 113 (REV e 721 STATE Or CALIFORNIA I osr m e 23. PARAGRAPH TITLES: The paragraph titles in this Agreement a inserted only as a matter of convenience and for reference, and in no way define, limit, or describe the scope or intent of this Agreement or in an affect this Agreement. 24. AGREEMENT IN COUNTERPARTS: This Agreement is executed in counterparts each of which shall be deemed an original. 25. AGREEMENT IN WRITING: This Agreement contains and embrace: entire Agreement between the parties hereto and nejgher it nor any part ( may be changed, altered, modified, limited, or extended orally, or by an agreement between the parties unless usch Agreement be expressed in writ signed, and acknowledged by the STATE and COMMISSION, or their successor interest. 26. INSPECTION: STATE or its authorized representative shall the right at all reasonalbe times to inspect the premises to determine i provisions of this Agreement are being complied with. 27. - SUCCESSORS IN INTEREST: Unless otherwise provided in thi: Agreement, the terms, covenants, and conditins contained herein shall ai to and bind the heirs, successors, executors, administrators, and assigr all the parties hereto, all or whom shall be jointly and severally liab hereunder. L 28. PARTIAL INVALIDlTY: If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdictio 14 1 ‘2 3 4 5 6 7 8 9 lo 11 12 l3 14 15 a * invalid, void, or unenforceable, the remiander of the provisions hereof s remiari in full force and effect and shall in no way be affected, impaired invalidated thereby. 29. WAIVER OF RIGHTS: The failure of STATE or COMMISSION to in upon strict performance of any of the terms, conditions, and covenants in Agreement shall not be deemed a waiver of any right or remedy that STATE COFIMISSION may have, and shall not be deemed a waiver of any right or rei for a subsequent breach or default of the terms, conditions, and covenan herein contained. 1 IN WITNESS WHEREOF, the parties have executed this Agreement thl day and year first above written. CITY OF CARLSBAD, Carlsbad STATE OF CALIFORNIA ~RTMENT OF PARKS AND RECREATIl 19 20 21 22 23 24 25 26 27 COURT PAPER ST” 11 3 IRFV B 721 STATE 01 CALIFORNIA OSP DEPARTMENT OF GENERAL SERVICES BY b 15 -e ,. m b4 X U m U el L- , 3RPVI3- rn 0009(Dr r, rn cm- P 1, Jc1 1 . TPD (D WWR%D s J "E 4 NIDZC eo rr_o 'D ZGO omn3 w 1% 1c 0 R ID3 P 7mPn 3 (DCDVIa 00 J ar mmRD P no< 0 03-m .. R(D ::,<7 5 I IMC -- _-.-... IL~xIIC~I AGVIc1 ff Cblm1M* DEPARTMENT OF PARKS AND RECREAIION 1 E & 14 I 3 I T- A cE%) SlATE BEACH _...._ ....--.-.- -.. 77, -. rRG; 1 d 3. . I anuar\v aU!d 1 0 e . ,. b * NONDISCRIMINATION CLAUSE (OCP - 1) 1, During the performance of this contract,' contractor and its subcontractors shal I not unlawfully discriminate against any employee or applicant for employment because of race, reli- gion, color, national or€ in, ancestry, physical handicap, Contractors and subcontractors shall insure that the evalua- tion and treatment of their employees and applicants for em loyment are free of such discrimination, Contractors and Employment and Housing Act (Government Code, Section 12900 et seg 1 1 and the applicable regulations promulgated thereunder (Calirornia Administrative Code, Title 2, Section 7285,O et seq,), The applicable regulations of the Fair Employment and Housing Commission irn lemnting Government Code, Section fornia Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full, Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have CI collective bargaining or other ogresent p 2, This contractor shall include the nondiscrimination and com- pliance provisions of this clause in all subcontracts to perfon work under the contractp medical condition, marita 4 status, age (over 40) or sex. su E contractors shall comply with the provisions of the Fair Pa, set forth in Cbapter 8 of Division 4 of Title 2 of the Ca i 0 STD. 17A (NE'% 5-83]