HomeMy WebLinkAboutSan Diego Gas & Electric Company; 1957-03-04;* 0 <#
2ND AMENDMENT TO LEASE
This SECOND AMENDMENT TO LEASE is made and entered into
this 22nd day of NOVEMBER , 1995 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 (“Lease”).
B. Company and City entered into an AMENDMENT 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 follows:
“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”
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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, permitees, licensees,
invitees, and other persons using and entering upon the Upper Lagoon and any of
the premises herein demised, do so with knowledge and express notice of such
conditions, and do hereby specifically release and hold the Company harmless
fiom and against any claims, demands, or liabilities for damages or injuries
occasioned by or resulting from such subsurface conditions.”
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 this 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 above written.
LESSOR: LESSEE:
SAN DIEGO GAS & CITY OF CARLSBAD,
ELECTRIC COMPANY, a Municipal Corporation
a California corporation
I --- Ld& J H5-J
By: Carlene A. Timm
Real Estate Management &
Planning, Manager of Carlsbad
Mayor of the City
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AMENDMENT TO LEASE
THIS AGREEMENT, made and entered into as of this 1st day of April,
1962, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California
corporation, hereinafter referred to as the "Company", as Lessor, and the
CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as the "City", as Lessee,
WITNESSETH:
WHEREAS, the parties hereto have made and entered into a lease dated
March 4, 1957 , respecting certain demised premises therein described; and
WHEREAS, the City and its inhabitants will enjoy certain recreational
benefits by extending the term of the lease of the waters of the Upper Lagoon;
and
WHEREAS, since the execution of the said lease, the Company, at its
own expense, has improved certain beach areas suitable for picnics and
extends to the people of the City of Carlsbad the use of the surface of the
waters of the Middle Lagoon, which the Company believes will add to the
enjoyment of sports enthusiasts, vacationers and others pursuing aquatic
sports, fishing, and relaxation; and
WHEREAS, it is the intention of the parties hereto that the enjoyment
of the premises hereinafter described shall be without prejudice or detri-
ment to the Company in the use and operation of its facilities situated at or
near the described premises; and
WHEREAS, the parties intend by this, as an amendment to said lease,
to modify, extend, and change certain conditions thereof in accordance with
the desires of the parties;
NOW, THEREFORE, the parties agree that said lease is hereby
amended in the following respects only:
1. The following is hereby substituted in the place and stead of
Paragraph 2 of said lease and the same is hereby amended to read as follows
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2. This lease is hereby renewed and the term hereof is
hereby extended for a period of ten (10) years, commencing on the
1st day of April, 1962, and ending on the 31st day of March, 1972.
To assure to each and to provide for certain rights and privileges
of the parties, said extended term is divided into two equal periods
of five (5) years each, and each such period is subject to the follow-
ing conditions:
I!
a. The first period of five (5) years shall commence on the
1st day of April, 1962, and shall continue to and including the
31st day of March, 1967, subject to all the other terms and con-
ditions of this lease as amended. During the first period of such
extension, the Lessee shall have the quiet and peaceable use of
said demised premises, and during which period the Company
has no planned expansion program which will affect the demised
premises.
enter upon the premises, under Paragraph 3 hereof, to perform
such maintenance and repair work as shall be deemed necessary
by the Company.
It is specifically understood that the Company may
b. The second period of five (5) years shall commence on
the 1st day of April, 1967, and shall continue to and including the
31st day of March, 1972, during which period the Company, on a
date as yet unascertained, will enter into a major construction
program to provide additional facilities in order to provide better
service to the City, its inhabitants, and others living in and near
the area in which the demised premises are situated, and which
program will involve and affect certain of the demised premises.
To the extent necessary for the work required to be performed
under such major construction program, the Company will from
time to time interfere with and interrupt the use, and quiet and
peaceable enjoyment of the demised premises by the Lessee, to
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which the Lessee hereby agrees.
c. On and after the 31st day of March, 1972, this lease shall
continue from year to year thereafter unless this lease is terminate(
by either party as provided in Paragraph 2d - below.
d. Either party may terminate this lease by written notice to
the other given not less than sixty (60) days prior to the 1st day of
April of any year after 1971, and upon the giving of such notice this
lease shall terminate as of the 1st day of April following the giving
of such notice.
e. In the event of such termination of this lease, any structura:
improvement which may have theretofore been erected or constructc
on the leased premises by the City or its licensees or permittees
shall be removed therefrom at the expense of the City within sixty
(60) days from and after the date of termination. Either party heret
further reserves the right to terminate this lease at any time should
the other fail to perform faithfully each and all of the conditions,
covenants, and obligations on its part to be performed.
2.
I1
The following is hereby substituted in the place and stead of
Paragraph 9 of said lease and the same is hereby amended to read as follows
9. Notwithstanding any other provisions contained in this tI
lease, the Company reserves to itself the sole and exclusive use of the
entire southerly bank of said Upper Lagoon, as shown or indicated on
'Exhibit A* attached hereto, except as hereinafter provided.
a. The Company has established and posted certain ]picnic
beaches' on the southerly shore which the Company may expand,
or reduce in size and number at its sole option, and as Lo these,
so long as the same may be so set aside, the City, its licensees,
permittees, and invitees, may jointly use and enjoy said 3picnic
beaches' for the sole purpose of recreation and diversion, and
no part thereof shall be used for commercial activities, purposess
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ayp 'r&yr7a-e ~-ep~ammo;>, 'E: sqnqgsuoa 7-e~~ oq s-e uorqsanb 60
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e. It is understood and agreed by the Company and the City
that any use of the leased premises by the employees, permittees
and licensees of the Company shall be subject to the structural
building requirements of the City of Carlsbad, and any safety and
operational rules and regulations of said city. I1
3. The following is substituted in the place and stead of
Paragraph 10 of said lease and the same is hereby amended to read as
follows :
10. The City covenants and agrees to police, regulate, and
control the entry and activities in and upon the premises demised here
under, described as the Upper and Middle Lagoon, and the posted picn
areas, and, in addition, will protect all company-owned property sur-
rounding the demised premises, exterior to the portions herein demis
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,
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employees or independent contractors of the City. It
4. A new Paragraph 14 is added to said lease to read as follows:
14. The Company further grants to the City the right to I1
use the surface of the waters of the lagoon generally referred to as thc
Middle Lagoon for recreational, sport, fishing and other similar pur-
poses of the City and its licensees, permittees and invitees.
a. The Middle Lagoon is designated and described for the
purposes of this lease only, as that portion of the lagoon waters
that lie between the easterly right of way line of the Santa Fe
Railway and the westerly right of way line of the present Californi
State Freeway 101.
portion and portions of the Company's contiguous shore lands
lying above Mean Sea Level, USGS Datum, is excluded herefrom.
It is understood and agreed that any and all
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b. Both parties recognize and agree that due to the operation
of the tides, flow of waters, and other causes not under the contrc
of either party, certain subsurface obstructions, shoals, bars,
and other potentially dangerous conditions, may develop from tim
to time in and under the surface of the waters of the Upper and
Middle Lagoons, and the City, its agents, servants, employees,
permittees, licensees, invitees, and other persons using and
entering upon the Middle and Upper Lagoons and any of the premir
herein demised, do so with specific knowledge and express notice
of such conditions, and do hereby specifically release and hold thc
Company harmless from and against any claims, demands, or
liabilities for damages or injuries occasioned by or resulting fror
such subsurface conditions.
5.
It
A further new Paragraph 15 is hereby added to said lease, to
read as follows:
15. Notices to be given hereunder from one party to the
other may be served in person or may be sent by certified mail to:
I1
a. The City, at 2960 Rio Pic0 Boulevard, Carlsbad, Califori
b. The Company, at 861 Sixth Avenue, San Diego, Californiz
c, At such other place as the parties may designate. 11
6. This amendment to said lease shall not become effective unles
and until it shall be authorized and approved by the Public Utilities Commi
sion of the State of California, and shall be subject to any changes or modi
cations as said Commission may direct or order in the exercise of its
juris diction.
7. Insofar as the above changes and modifications are at variancc
with the provisions of the lease dated March 4, 1957, the provisions of sai
lease are modified, altered, and amended.
terms and conditions of said lease, the same shall remain and continue an(
are now in full force and effect,
As to any and all of the other
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IN WITNESS WHEREOF, the parties have caused this instrument
to be executed for and on behalf of each of the parties by their duly author-
ized officers or agents as of the day and year first above written.
SAN DIEGO GAS & ELECTRIC COMPANY a Corp
?-- c_ 2: A?- --L-- BY >- President
LESSOR
Attest:
CITY OF CARLSBAD, a Municipal Corporation
B
LESSEE
Attest:
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LEASE
THE3 ACREEMEPTT, made phis# Lt day of h& (uh
1957# batwectn SAN DIEGO GAS & ELEC2XXC COlrlPAHY, a Calif-
oda oarpasation, aomethesi herrsinwftsr referred to a&
the w@mnpmy,# adp Loasor, sad the CITY W CARfSBrtD, a
tnunicrlpiprl corporation of the State of California, saw-
time8 Pterat%ncrfter referrod to add fhe? +%ity," as Lasaee,
W IT ME: S 5 ]E; T Xfr
1, That for and 3.n aonsfdwation aP the mutua2
cerweaaats, agrassnents and bmafita to the r~l~paaCiva
pafiies hereto and the sum of $2.00 in had paid by tha
city t0 the GOrrrpiaPly, r8Q#ipt of Whhh ki3 &@lWbg 4kQkZkQW-
3odfffad, +he mid Itbsrt~o~ dees hereby leaset Ita the stbld
Comae thoss oertnin lands aad waters them%m, cmoaly
kmom ad &he Upper Agur Wedioxkda htfo~n, OP aomstJaeib
reflarr(Eod tie herein arr %he "lagoan@; dcr1PnerteK.I and shwn
on WXNXBXT '~ifn herraeo iacttaohad, f~j~ ~wmaf;fon~ sp0lt.t- '
ing, fishlag and ksthar ptarpssrters of said Citp,
3, That thn, tom' of thire reass shall be far
an InitiaL period of' five yaarrs caljtmaaaAng as of tho 1st
jay of April, 1957, and md&qig the 31at de7 of Mazwh: IGIY-~~, 6,
and cmt3Jza3n6f GWeaftsr P~se year t -
mted by-&h%r pa-y A& Chs b&fanw af any lease year
ocmiamcling Agwil Is&, 3962, and no% bf~m, in +bra ~la~ler
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laat for* Zpelw, Via;$
XR the want aitiiesr the &esaor.sr Lessee
8hoU tiiO desire to tePt&’latQ this Jsadle a@ htt~eh pPa*-
vidad, it ehI.1 give writte?n, aaticss %o &he other pa~ky
of‘ the dssira m to terniinata not Xmm thaa ofxty srZa a
bdors Aps1prAT Ilpat, and ufoon &he, gfrfng of p~uakl n~t;fae as
hersin proukderd, tMa Xeae~r: ahall thar-oafl;er Jpm Paclto
tarninah ‘as of %he lat day of April Pollawling the &dag
of mah- aoO&~e, said noOSao to be giYen by thepartr is~
drtsirfng to terrmin~rt;a *Ire Pease by t~rw0~cUng a copy of
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rpucJh aabirra ter the athex+ t;”r&r by United Letatei3 mix $0
the addseasee a& its glase Qf buahass h the City of
Saa Iliega or Cf*y ~f Car~sbd, as &he uam mtr be,
3ca %he ovmt of mcfi Lernr3inatSon of the ~PSQ,
aRY S&X’.LtgtU%%l h&WQV~m0XXt Whi& -7 hay63 &heEr6B%Of fHV3
becn areoted ar oonlstrwa‘t;ed on tho leased pr@mi#@s by
Ohe CAtV or its 1iu;eanraetars or pami2;toes @ha11 bet ~ernoved
Ohersfrosg at %ha mqmnm mf &he Ci%y wAGhin aixt;y day^
frolat and after fho data sf’ terniinakion,
hereto further rwmmeisf ttia r&ght; to terninate this
ham at any tinale should %he 06he~ fa fo PoiehfulZy
parform each and dl. of fhe conbitionba, cawnants ancl
obligations ozf 3%~ part ha &e prfarated.
Sithe party
3.’ That thfs leque ik made upon the oxprsss
coaditian, among others, that+ said lands; OF lagoon and
the ermtfre area Xmraerf h.ar&p w&lZ be available far the
unreotricked and WGO~WA~~~ use by the Company ab any
e. 2 1-
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r- 1.. 4 (2 6-*' c' . '.
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ad a21 tjmerer Per dredging, rerftresdgfng, fiUingqE, refill-
ing, deepening and/* othw iniprovhg or aasfntamaaa
wark tkw&n, theram 8ad 6;hertsabora;t;st as w@k PLJ all
&her opsru%Aoaa nw@slsPircl.$ Ixr cramm?tbn u&.b;h it; pubiia '
rsbuA*r. OP(bT8t%03UO.
,
.~ 4. Thst.' dutfrsl)g ,%he term bsracbf We' Cfbt ahall
18ii't;(aaer ad ckcxcrepb-aXl l%obilif~ Praa any and ax1 (3~ttr&les
bo prs;ofcliar ar part;%eaa, otherp &hen &he Gwsrgrcn;yl itto regwe-
I ee&~t&bars, egesW or emplaytms, sagabgsd fn Pts' ptab3Lia
uWLX%ty operatdam, fop even$# tkW, wow upap bhc leased
pr&&o daurlslg Qhe term of thia %fltsloey crola?t &he C%&y
fupthotr ilerorasnanfte and apeas to pratest, iddsarnify rad
'mw hadas# f)rrs:Coalgaay from aay and rXJ stmh fli.biXft&as,
Xn na awmt 8ihal3 %he Camp~ny be liable for
Qlr~~~gbs or in;ta.rias fo parrsanr~ tar p~opatrtry of %he City of
ifitdl permt5ttees p1)r Pfceaerebs, whathcsr suoh fn-y whes
otst of the croadAtim 0% thea pmdsas QT the am af the
~;F(S&I&SBI, the &a hareby agrae2ng in arah Snatrrnua, a@
ufommaid, %a hold the Ccny karrrlesro @gains& anr alarfm
QT deJrrand for swh banat$@ or iajury ur arisbg oat of the
L eam os of;herwslse.
5. Subjsot fo the kerFW cnd prwirioafl of tu
- XaSlllilb, the ciX?X~Zl~ b%'eby @DlpP&S#xr aQnf0Z'S UPXI the Cf$g
&he right to gmnk gamxkks, licle4nares. or pr&vileges to 8).
agr)aclyt, person ~r partxarawp to enter upae anti/or um
'" gurtianw caf tba Pea~sejd prwntt.m;8, upon tenas and con&t&arma
.
le the City dasmes awassary OF chairable, it baing under-
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+twd,'hcrwevew, %ha% in no even* &hall. aruch perrmktsr,
liawres DT psofvihgse eewd bsybnd &he tam of thb
I0ans+ a& that ea& and aXl of the Boame be, as hemin
iadicratd, rjlubaldina%,e and aubJeat to bke terms and pro-
E%
pvfi:<
PSB~QPBP of this m&ar lea~er 9
SubJ9icst Cs the pravAaAaru d' p.rag&h )I( hereof,ko ,-4 (4
tcha CPty, ftrer pcmn%t;trtscP agd lioernaees ahnll have the
right; to ere& and maintain rjiltiructturesr .~n the prenldaea,
but $he urn@ rhll at all tims be fme frma mclacchonicrs*
lfens and other ew-TBaaBP.
6. The Ci.t;r arhsrll not ocoPmutt agr rruffm waarte
eo be adtted op the praaiase, nw ped% uplawPuT acte
to be dens or perfommi tihereon and ahull at all tSmcSs
hap anti maintain tb preaiwee end the ArPmsrsdfatas ewrrMond-
ingfs in a raani-ry crsnditim am thnb the =me &all meet
w&th the approval of all health au%kerittfss of' the City
af Corlsbad and the State of Crlifmnia, and aeithsrc of
the gsrf;iaa brew &XI at my tine pcrrrerjtt any nuieancre
to be adttd oa the liarads ox. ratara ef the upper lag~~d
01. an an? part of t;hemnie.
ahoo&lng ar Qtber obje@t&onabls ailotivltties ~n oc aver
said p~~pecrt;~.
'
The City sball pg&t ne
7. TWls learn mrhirllt not; be @rsciQtaJlble or &~rrns-
PWmRblct, rmj thcsxcs shau b@4 a* sl&lethiqg by tb Citq
oacocspt; upon the writtan omoenf of thrb colaapaoly Pfrrst laad
and ubfajtnrsd, g4i hshg um&trst;eod $flab anp land afl perrau~
or prrt&a~ satering upon &he lands and wetctrs arub$rrcrO
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hareto mdos OF by virtue af this Xease: ~M11 nrrb be
cone2damd WP acquiring horcswdor ang permnetz6 interest
of whatwar nPtturc OF 1:inc.I in the lard QP wortws of the
CQmMnJ? OX' to alkly WTt Uf %he 8aSie.
8, k1.1 aoae&s and axpeaseta in oonxnsotiotz 'wi%fi
the nctivit;iss of %he City ctovcresd by thks leaso clft~nlJ
be barns by tihe Giky except as may be okhsrwfse Indicated
hersZn, and kn tha avant; thh 1eata;rs is kerminiated in whole
OT in pa& the City argr*ses not to ohia or lzald tho Cownpany
IAab3.c far any l~ssl uWch my bfss Qac;riasioraed .t;hesoby.
9. The C~pa~y rc~cwve& the rSght Qto the oolc
aad CXClU~~Ver uwfl? of the southeTry bank af said upper
largoon as shown 0x1 indioatttd on Exhibit rrxktf erttaalxed
frarato; fn tihe event thae tha Coatpaay a8lhanrr st aely BZme
.
during ths tern of this; Lease g;sa;nt; to SC& amployaos m
an employes aapeociation sf bhc Company the rights and
privilege of accetso eo timid lap~on frsm the sauttaerly
bard themof fanil 9% aEa8I.X lava the p&gh* and, pprAvSegp
so to do) bhe Coropang &dtX lravs the further r;Qgh.l; to
give and grant t~ 3ets e~iployeca or an ermrrployee ersswi-
ation. of tfis Ccmrpny &ha woslc. and asrxctlwivc; p3tgTit and
privilege of? arecrthg a boat land*% OF bmt lantndiags
or other structurw an this oo~tEh bank of mid lagoon or
in tkc watem ad$aoan9* themtio, ;LacJ.trding the UB~D ai? r~lu~h
wrrto~s of said lagoon for roareationsP prupwmsb hclutE--
iag fislhklsg thatman,
n. cj .I
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,.- : n* 9 .* & ? a'- ,.$ s) ., 1 0
The Compmy, %kfs emplopass, agants, sarOUnts,
psrPlittetsa~ rrlnct litsenadluee Co hare $tis right without pay-
ment ts tha City Chelt*&w, %t;o snbes upon khts sm&d Zsaord
pr@&,i#leiS 8b Why 4isd d.1 %%tM!%Et fOlF Ohm mPp@@@ of Qpsrak-
iw and maintaining mld propaartgr
ZC la Wcaorslsosd rad Q by the Conrpsrny am3
&ha City khat any u1~a af ths l~ilsrod prma&ma bj, the
waplopaPs, p9dttacscas ad ;Ziranastws of tb Goanpuny &bZZ
be sabjeot ts Qhie ratmmtural, bultlding requftaPterntss of
&he City ef GerXabad, and any safety and opiare$iorml
rule# and rergulatiwacp *;hat may bts herainslfter adoptwl
by the Cid;g ef Carlsbad,
. 3.0. The Cjty awenanta 0ns3. rgrsss that it will
in Q reasroanble ~uuular~, and eonsiatoat vjith the proteotion
given to &her primto! propwty wit€& the City of Carls-
bad, e&@a+e~ Ce protcbct all ~kU'F@W%djtag area ~ed by
the Conpaw und aaxterror ta the portforas of land owpdd
by the Coartpany hatrein leased 00 the Cidy. Clkg agmes
to use f$s bdy, eff?crrls *a Pagalat,@ aotiattiaa an$ antry
upon bha upper lagoan li9e as bo miniaaisia dangterr fnddantL
tbtP@$O by 4ny ypPrnsitt;eais OF XtQiresnlsrQaD of thm city of
CWlEWd.
12, Mlr~ parfroren6r of renka3. &TB $0 be mud% hers-
under bf $ha City, soneideratiwr, for CUB bases b@iq the
benefitar alrrcarmbg and to boorua to ageh of the gartioPs
brato grwming eat of the axeeu0ion of +his X~SSQ,
3.2. Neirlchtsr the c%GyJ &.6a lfcr@~aaa OT
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c;c*
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pedttmo shall at any ti= during: $he? tsrm of $hh
leres cause at. pedt any aalkd PiltZs of earth, cta)nmetetb
rsok or other zankerEujl to be pLacsil An, upojf alp along said
leased pramims or gsmnik or eauLcJTc3 tz, be: plaod any rwk
or Creaent thurefn or thsrsonj and nsit;hetr aha11 sa9d
CIQy, itts lfoensseers OP peemitteersr, at any .Q;xarC during
the aontinunnnaa of thfa Team emat, pXar~a os caaartruot
any float, wooden pier or clthar atrueture at, upan OF
along murid lagooa which SUI& 0xt;e~d fmm the ahoreXirrer
uf said Xrgoiwn nem than 150 Past bto OF over eraid
fagcmn, measrured at right angles ta the slroreZine of
the mBe.
.
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13. Tlxb leaae ahall not ba efPeotive
dase and until it sb3.X hare been autkoriesed by the
EWlZo Utili$ioar Gcmmtinrsriorr. of the Stake sf" Californisl,
and shsll be subjwt to sueh uhaniyes and aodif"icatimB
as said Cdssfan aug direat in the axertrisa of ita
3tU'k8dSd.€Pn~
X0 WITNESS WIEREOF, tihe pa~CZate hereto have
anusled this inotrr;lmatfnt; t8 be e%acsutrsd by their propas offieerrs thereunto duly authwised th.b dry of x957 *
SAPS DTEW G
z
Seurstary . LESS=
CITY OF C&XLS&W, a 18BUDiOipal
i'
LZ2%3EE
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Decision No.
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE Or' CALIF'OBNIA
In the Matter of the Application of 1
SAN DIEGO GAS & ELECTRIC COMPANY 1 for an order of the Public Utilities ) Commission of the State of California ) Application No. 38965 approving a lease agreement entered )
into by the applicant for lands and 1 waters thereon, described in the agree- )
meat and commonly known as the Upper 1
Agua Hedionda Lagoon. 1
OPINION AND ORDER
The San Diego Gas & Electric Company by its application
filed on April 8, 1957, applied for authority to carry out the terms
of an agreement dated March 4, 1937, with the City of Carlsbad. Und
the terms of the agreement the applicant agrees to lease to the City
of Carlsbad certain lands and water thereon, commonly known? as the
Upper Agua Hedionda Lagoon.
The application states that as an accommodation to the Cit
of Carlsbadts desire to develop the area for recreational and other
purposes, and in the interests of promoting good public relations wi
the citizens of the City of Carlsbad, and with the belief that it
would in no way hinder the applicantls public utility operations, th
applicant entered into the agreement dated Narch 4, 1957, a copy of
which was attached to the application and marked Exhibit lrBlt.
The agreement provides fer the lease of the lagoon for the
above-mentioned purposes for the period April 1, 1957 to March 31,
1962, continuSng thereafter on a year-to-year basis unless terminate
by either party at the beginning of any lease year commencing April
1962.
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The agreement provides that the entire area leased will be
available for the unrestricted and unconditional use by applicant at
any and all times for dredging, redredging, filling, refilling,
deepening and/or other improving or maintenance work therein, therec
and thereabouts, as well as all other operations necessary in con-
nection with its public utility operations.
No monetary payments of rental will be made and the City c
Carlsbad agrees that dluring the term of the lease it shall assume ax
accept all liability from any and all causes to persons or parties,
other than the Company, its representatives, agents or employees,
engaged in its public utility operations, for events that occur upom
the leased premises during the term of the lease and the City furthe
covenants and agrees to protect, indemnify and save harmless the
Company from any and all such liabilities.
The agreement contains a provision that the lease shall nc
become effective unless and until it shall have been authorized by
the Public Utilities Commission of the State of California and shal:
be subject to such changes and modifications as said Commission may
direct in the exercise of its jurisdiction.
The Commission having considered the above-entitled appli.
cation and being of the opinion that the application should be granl
and that a public hearing thereon is not necessary; therefore,
IT IS HEREBY ORDERED that San Diego Gas & Electric Compaq
may, on or after the effectiLve date hereof, lease to the City of
Carlsbad, in accordance with the terms of an agreement dated March i
1957, a copy of which is attached to the aypllcation as Exhibit "Bt'
those certain parcels of property described therein and as shown by
the map attached to said agreement.
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IT IS FURTHER ORDERED that San Diego Gas & Electric Companj
shall file a statement with this Commission promptly after terminatic
of this agreement showing the date when said agreement was terminated
The effective date of this order shall be twenty days after
the date hereof. /.&: Dated at San Francisco , California, this .*/
day of e 1 laF 9 1957.
PETER E. A'PITGIIELL Presibeiit RAY E. 'J?.:TE;tx:xzR &~A'T'Y.i~%' J. DOOLEY REX I IA.XDY c. LYN FOX Corn -ionem
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