HomeMy WebLinkAboutSan Diego Gas & Electric Company; 1963-08-01;. e * -v *
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LEASE
THIS AGREEMENT, made and entered into as of the 1st day of August
1963, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a Califor]
corporation, hereinafter referred to as the "Company", as Lessor, and th
CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as the "City", as Lessee,
WITNESSETH:
WHEREAS, the City and its inhabitants will enjoy certain recreational
benefits through the use of that certain Company-owned beach area herein-
after more fully described; and
WHEREAS, the Company seeks to assist the City and its inhabitants in
gaining and enjoying the aforementioned benefits; and
WHEREAS, it is the intention of the parties hereto that the enjoyment
of the premises hereinafter described shall be without prejudice or detrimc
to the Company in the use and operation of its facilities situated at or near
the described premises;
NOW, THEREFORE, the parties agree:
1. For and in consideration of the mutual covenants, agreements
and benefits to the respective parties hereto and the sum of $1.00 in hand F
by the City to the Company, the receipt of which is hereby acknowledged, t
said Lessor does hereby lease to the said Lessee those certain beach lands
described under Paragraph 11, following, and more thoroughly shown by
Exhibit A attached hereto, for recreation, sporting, fishing, and other pur
poses of said City.
2. The term of this lease shall be for a period of eight (8) years
and eight (8) months commencing as of the 1st day of August, 1963, and
ending on the 31st day of March," 1-97-3.
privileges of the parties, the term of this lease is divided into two periods.
as hereinafter provided, and each such period is subject to the following
To provide for certain rights and
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- conditions :
a. The first period of five (5) years shall commence on the 1st
day of August, 1963, and shall continue to and including the 31st day
of July, 1968, subject to all the other terms and conditions of this
lease. During this first period of five (5) years, 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. It is specifically understood that
the Company may enter upon the premises, under Paragraph 3 hereof,
to perform such maintenance, repair, and construction work as shall
be deemed necessary by the Company.
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’ 1968, and shall continue to and include the 31st day of March, 1972,
b. The second period shall commence on the 1st day of August,
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during which period the Company, on a date as yet unascertained, ma:
enter into a major construction program to erect and provide addition:
facilities in order to provide better service to the Company’s custome
service territory. To the extent necessary for the worl
performed under such a construction program, the Corr
pany may from time to time interfere with and interrupt the use and
quiet and peaceable enjoyment of the demised premises by the Lessee.
to which the Lessee hereby agrees.
c. On and after the 31st day of March, 1972, this lease may con
tinue from year to year unless terminated by either party as provided
in Paragraph 2d c below.
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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 August
of any year afte
shall terminate as of the 1st day of August following the giving of such
notice.
nd upon the giving of such notice this lease
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e. In the event of such termination of this lease, any structural
improvements which may have theretofore been erected or constructed
on the leased premises by the City, 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 hereto 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,
3. This lease is made upon the express condition, among others,
that said demised premises and the entire area leased hereby will be avail-
able for the unrestricted and unconditional use by the Company at any and a
times for deposit of dredge material, laying of dredge discharge lines, con
struction and erection of new facilities, repair or maintenance of existing
and future facilities, and for improvement work therein, thereon, or there
abouts, as well as all other operations necessary in connection with its
public utility operations.
4. The City hereby agrees to indemnify, save, and hold Compan
harmless from any and all liability, damage, injury, and claims resulting
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
City to the person or persons, or property or properties of any person,
including injury to or death of any person in any way arising from use and
occupancy of the demised premises by City, its agents, servants, employe
and other persons, which said injury or injuries, damage or damages, mag
be caused by the negligent acts or omissions of Company or of its officers,
agents, servants, employees, or otherwise.
a. It is the mutual intention and agreement of the parties that the
foregoing indemnity provisions shall extend to any and all damages
suffered by Company to its property adjacent to the demised premises
occasioned by the negligent, willful, or intentional acts or actions of
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persons using and who may be in or upon the demised premises.
5. Subject to the terms and provisions of this lease, the Compz
hereby expressly confers upon the City the right to grant permits. licenses
or privileges to any agency, person, or partnership to enter upon and/or
use portions of the demised premises for the purpose of recreation, sporti.
fishing, and such activities as are directly related thereto, upon the terms
and conditions as the City deems necessary or desirable, it being understoc
however, that in no event shall such permits, licenses, or privileges exten
beyond the term of this lease and that each and all of the same be, as herei
indicated, subordinate and subject to the terms and provisions of this lease
a, The City, its permittees, and licensees shall not have the
right to erect or maintain, or to permit to be erected or maintained, a
buildings or structures on the demised premises without first having
submitted plans and specifications thereof to the Company for its prior
written approval, and if approved the same shall at all times be free
from mechanic $s liens and other encumbrances,
6. The City shall not commit nor suffer waste to be committed
on the premises nor permit unlawful acts to be done or performed thereon
and shall at all times keep and maintain without expense to the Company the
premises and the immediate surroundings in a sanitary condition, so that tl:
same shall meet with the approval of all health authorities of the City of
Carlsbad, the County of San Diego, and the State of California, and neither
of the parties hereto shall at any time permit any nuisance to be committec
on the lands covered by this lease or on any part of the same.
a. The City hereby agrees, at its own expense and at no cost to
the Company, to erect, provide, maintain, and service such suitable
sanitary and safety facilities as may be required for the comfort,
safety, and needs of the persons and parties who may be enjoying or
upon the demised premises.
limited to the City providing any and all lifeguards and lifesaving or
life-preserving facilities which may be required by law or ordinance
for the protection and safeguarding of those using the demised premises
or using or being in or on the waters adjacent or contiguous to the
The foregoing shall include but is not
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demised premises.
This lease shall not be assignable or transferable, and there
e no subletting by the City except upon the written consent of the
Company first had and obtained, it being understood that any and all partie,
or persons entering upon the demised premises subject hereto under or by
virtue of this lease, shall not be considered as acquiring hereunder any
permanent interest of whatever nature or kind in the lands or waters of the
Company, or any part of the same.
8. All costs and expenses in connection with the activities of the
City covered by this lease shall be borne by the City except as may be othe
wise indicated herein, and in the event this lease is terminated in whole or
in part the City agrees not to claim or hold the Company liable for any lost
which may be occasioned thereby.
9. The City agrees to police, regulate, and control the entry ant
activities in and upon the demised premises and in addition will protect all
Company-owned property surrounding or adjacent to the demised premise5
so as to minimize any and all disturbances and damages, including the
possibility of damage to property and injuries to persons incident to the us
of said premises by any person entering or being thereon.
10. No other payments of rental are to be made hereunder by the
City. The consideration for this lease is and shall be the benefits expecte
to accrue to each of the parties hereto growing out of the execution of this
lease.
11. The premises covered by this lease are shown on Exhibit A
and are more fully described as follows:
Those certain portions of land in Lot "€3" of Rancho Agua Hedionc
in the County of San Diego, State of California, as shown on Partition Map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, lying within that certain parcel of land conveyed to San Diego Gas & Electric Company by Deed recordec May 2, 1952, Document No. 54338 in Book 4456, page 49 of Official Records of said Sm Diego County, being more particularly described as follows :
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ParcelNo. 1
t of intersection of t
rcel ''1" of a Deed recorded rd 29, 1948, Document No. 43671 in Book 27 age 357 of said
ad Boulevard nce South 24' 47'
Southeasterly line
Official Records, with the Southwesterly line of (formerly California State Highway XI-SD-2B) ;
East along said Southwesterly line of said Carlsbad Boulevard, a distance of I, 120,OO feet; thence at right angles to said Southwesterlj line of Carlsbad Boulevard, South 650 13* West, a distance of 159.94 feet to the intersection with the ordinary high water mark (mean high tide) of the Pac veyed by the California State Lands 3, and shown on Miscellaneous Map No.
1955, as File No. 17709 in the office of
int of intersection bears South 210 09' 41" feet from Station No. 28; thence along said or k, the following courses and distances: Nor 41Jf West, a distance of 27. 13 feet to Station No. 28; thence North 19O lgK 10'' West, a distance of 184. 38
feet to Station No. 291 thence North 21' 511 26" West, a distance of
572.13 feet to Station No. 30; thence North 25'05: 12" West, a dis- tance of 338.00 feet to the intersection with said Southeasterly line of said Paul Ecke land; said point of 05I 12" East, 8,71 feet from Station
East along said Southeasterly line, 1 beginning.
ParcelNo, 2
Recorder of S
rsection bears South 25'
Beginning at the point of intersection of the Northwesterly line
of said Paul Ecke land described above in said Parcel No. 1 with said Southwesterly line of Carlsbad Boulevar site Engineers Station 394 plus 63.74; thence South 53007* 10' t along said Northwester line of said Paul Ecke land, a distance o * 82 feet to the intersec- tion with said ordinary high water mark Pacific Ocean describe
above in said Parcel No. 1; *thence a ordinary high water
mark the following courses and dist rth 31O 13' 06'' West, a distance of 257. 11 feet; thence N of 101.04 feet; thence North 43057' 30" West, a distance of 40.00
feet to the intersection with the Southeasterly Line of that certain unre ed lease granted to San Diego Gas & Electric Company, a corpor; from the State of California, State La Commission, Division of State Lands, filed in the office of said St Lands Commis
Reference File No. P. R. C. 791.1, said leased area being kno
designated as "Intake Channe1''j thence leaving said ordinary high wal
mark, North 530 07 * 10'' East (North 05l 45" East P. R. C. 791.1)
along said Southeasterly line of said ed land, a distance of 120.00
feet to the intersection with the said Southwesterly line of Carlsbad Boulevard; thence South 360 ast (South 36 1 30" East Rea along said Southwesterly sbad Boulevar 94.00 feet to tl
point of beginning.
12. This lease is III the provisions of General Orde
sion of the State of California, ani
ommission m:
16" West, a distance
of the Public Utilities Co
shall be subject to such changes and modifications as said
in the exercise of its jurisdiction.
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13. Notices to be given by one party to the other may be 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.
14. The City shall have no rights nor acquire any interest in or to
the demised premises other than as provided in this lease and as a lessee
and tenant thereof.
IN WITNESS WHEREOF, the parties hereto have caused this lease
to be executed for and on behalf of each, by and through their respectively
authorized officers or agents, as of the day and year first above written,
SAN DIEGO GAS & ELECTRIC COMPANY,
Attest:
GE
CITY OF CARLSBAD, a Municipal Corporation
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