HomeMy WebLinkAboutSan Diego Gas & Electric Company; 1963-06-01;:m 6
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LEASE
THIS LEASE, made and entered into as of the 1st day of June, 1963,
by and between San Diego Gas & Electric
hereinafter called l'Companyrl, Lessor, a
mpany, a California corporatic
e City of Carlsbad, a municil
ration, hereinafter called "City", Lessee,
WITNESSETH:
WEEREAS, th ompany is the own
which is hereinafter described and is will
and
of that certain real property
to lease the same to the City,
WHEREAS, the City is desirous of hiring and leasing the said descrik
the Company for certain park purposes only,
E, in consideration of the performance of the terms
nd conditions
1.
utually agree as follows:
Demised Premises. For and in consideration of the payment c
of the rents and the performance of the covenants hereinafter contained by 4
any hereby lets to, and City hires and leases from Company, those CE
tain premises more particularly described in Exhibit A attached hereto, wk
is made a part hereof by reference as though set forth at length h
2. Us e. The demised premises may be used by City
park purposest which shall at all times be under the competent and effectiv
supervision of agents, servants, and employees of City. City shall not use
the demised premises for any commercial or business venture or purpose.
Term. Th erm of this lease shall be for iod of ten (1(
963, and ending on the 31st day mencing on the 1st day of June,
r after the te
s either party notifies the other in wri
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4. Renewal. This lease is renewed fr
ph 3 above.
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at least sixty (60) days prior to the expiration of any succeeding year.
5. Rent. The City agrees to pay to the Company the sum of ON1
DOLLAR ($1.00) per year for the use and occupancy of said premises, recl
of which rent for the term of this lease is hereby acknowledged.
6. Improvements. The parties agree to make and provide the fol-
lowing improvements at the expense of the parties so supplying, installing,
erecting such improvements. Said improvements shall remain and become
of the feehold at the termination or expiration of this lease.
a. City
(1) City shall erect, provide, maintain, and service su(
suitable sanitary facilities as may required for the comfort E
needs of the persons entering upon or using the demised premis
Any and all improvements on or adjacent to the pro1 (2)
as may be necessary to the enjoyment of the demised premises
the uses above provided shall be made only with the prior appro
of the Company and at no cost nor expense to the Company, eith
to construct, install, repair, or maintain the same.
b. Company
(1) At its own expense, the Company will provide four t
and adequate grass seed for lawns on the demised premises, an
will supply at its own expense sufficient water for the maintenar
of such trees and grass; and in this regard the Company will, I
request of City, make such connections with Company-owned WE
lines as necessary to carry out the provisions of this paragraph
City agrees to pay the cost of maintenance of said trees and law
excluding cost of water.
7. Protection and Patrols. The City agrees to police, regulate, E
control the entry and activities in and upon the demised premises and in adc
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will protect all Company-owned property surrounding or adjacent to the den
premises and exterior thereto so as to minimize any and all disturbances ai
es, including the possibility of damage to property and injuries to pel
incident to the use of said premises by any person entering thereon.
8. Was t e. City shall not commit. suffer, nor permit any waste
ances, or unlawful acts on the demised premises, and shall at all time:
maintain the same in a clean and sanitary condition in compliance with all a
able rules, laws, regulations, and ordinances respecting health and safety
the City of Carlsbad, the County of San Diego, and the State of California.
9. Right of Entry. The Company reserves the right to enter upon
demised premises at any time for the purpose of viewing the same to see if
City is faithfully complying with the terms and conditions of this lease.
18. Rights of Lessee. The City shall have no rights nor acquire ar
interest in or to the demised premises other than as provided in this lease :
as a lessee and tenant thereof.
Default. 11. Should default be made in the performance of any of i
terms and conditions of this lease and such default shall continue for ten (1C
days after the City has been notified in writing of s It, then Compar
may re-enter, take possession of said premises, a
sons and property of City therefrom.
12. Assignment. The City shall not ass e nor sublea
premises demised hereunder.
13. Waiver. Any waiver by Company of any breach of one or more
the terms, covenants, and conditions of this lease shall not be a waiver of 2
subsequent or other breach of the same, or of a
hereof.
other term or condition
14. Indemnity. The City hereby agrees to indemnify, save and holc
, injury, and claims resu Company harmless from any and all loss, dama
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from any act or omission of City, its employees, agents, permittees, invit
or other persons upon the demised premises with or without the consent of
to the person or persons, or property or properties of any person, includir
injury to or death of any person in any way arising from use and occupancy
the demised premises by City, its agents, servants, employees, and other
sons, which said injury or injuries, damage or damages, may be caused bj
negligent acts or omissions of Company or its officers, agents, servants,
employees , or otherwise.
a. It is the mutual intention and agreement of the parties tha
foregoing indemnity provisions shall extend to any and all damages
suffered by Company to its property adjacent to the demised premise:
occasioned by the negligent, willful, or intentional acts or actions of
sons using and who may be in or upon the demised premises.
17. Public Utilities Cornmission Requirement. This lease is made
pursuant to the authority of and subject to the conditions prescribed by Gent
Order No. 69A of the Public Utilities Commission of the State of California
is conditioned upon the right of the Company to repossess the above-descril
property or to terminate this lease upon giving the City thirty (30) days pri
written notice of such termination whenever in the interest of its service to
customers it shall appear in the discretion of Company necessary or desir
to do so. This lease shall be subject to such changes and modifications as
Public Utilities Commission may direct in the exercise of its jurisdiction.
18. Notices. Notices to be given from one party to the other may 1
served in person or sent by certified mail to:
a.
b.
Company at 861 Sixth Avenue, San Diego 12, California,
City at 2960 Pi0 Pic0 Boulevard, Carlsbad, California,
or such other place as the parties may designate.
IN WITNESS WHEREOF, the parties hereto have caused this lease t
executed for and on behalf of each by and through their respectively authori
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officers or agents as of the day and year first above written.
SAN DLEGO GAS & ELECTRIC COMPANY, a Corporation
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LESSOR
Ait2S'G:
_I_ Y
Corporation
LESSEE
Attest:
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VC e a
LEGAL DXbCBIPTIOM
PARK Li€33A9 CAV?SBA4D O?EF-,ITI~GG C.EW3R
'That certain portion of Lot 51t1 of Rancho Agua Hedionda in the City of C
County of San Diego, State of California, according to Partition Nap thereof
823, filed in the office of the County Becorder of San Diego County, Novexber
1896, described in a Deed to San Diego Gas & Electric Ilom,sany, a corporaGion,
dated Sep$eaber 23, lq48, and recorded October 8, 1948, in Book 2974 at ?age
of Official Records of said County of San Diego, excepting therefrom that cer
portion thereof described in a Deed recorded in Book 4722 st Page 359 of said
Official Records, said certain prtion is shown as "Park Areatt on the plat LIZ
&xhibit ttAtl attached hereto and by this reference made a past, hereof, bekg il
particularly described as .follows:
Gomencing a; a point in the Southeasterly lice of said Saa Diego Gas &
Zlectric Cornpany land, which saia point is the most Norzherly corner of Tesr;
Unit Eo. 2, according to the Map thereof Ho. 2758, filed in the office of thc
Couritj. Recorder of said County of San Diego; thence Sorith 660 54' 10" Inrest, 5
said Southeasterly line of San Qiego Gas & Electric Coapany land, being also
the Northxesterly line of said Terrwar Unit No. 2 and Terrazar Uait No. 1,
according to -the Map thereof No. 2696, filed in the office of the County Recc
of said County of San Diego, a distance of 413.58 feet, more or less, to a pc
of intersection with the Kortheasterly line of Carlsbad Boulevard, 100 feet i
(Zorrrierly State Highway XI-SD-2-B) said point of in$ersection being the T3W
OF B3GI!bXii<G; thence from sai~ Ti?.U!: POliQT GE 3ZSi?XLIG, North 30" 381 50" Cfe:
along the PJortheasterljT line of said Caxlsbad Boulevard, a distance of 327.0(
thence leaving said line, Morth 66" 540 10" East, a distance of 243.03 feet;
South 23O 05' 50'; East, a distance of 32j.00 feet to a point of intersection
the Southeasterly 1iDe of said San Diego Gas & Xlectric Company land; thence
South 660 5.4' 10" West, along said Southeasterly line, a distance of 200.00 -
to the TRUX PCIXT OF BZGIENIN2;.
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