HomeMy WebLinkAboutSan Diego, County of; 1991-04-01;\
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GROUND LEASE
CITY OF CARLSBAD
MCCLELLAN-PALOMAR AIRPORT
CARLSBAD, CALIFORNIA
LESSOR: COUNTY OF SAN DIEGO
LESSEE: CITY OF CARLSBAD
PARCEL 90-0425-A .
COUNTY CONTRACT NO.
CLAUSE NO.
TABLE OF CONTENTS
CLAUSE PAGE
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DEFINITION OF TERMS--------------------------------------------
EXHIBITS TO LEASE----------------------------------------------
CONSTRUCTION OF IMPROVEMENTS -----------------------------------
ADMINISTRATION -------------------------------------------------
RENTAL---------------------------------------------------------
OPERATING PROCEDURES -------------------------------------------
PERFORMANCE ----------------------------------------------------
"AS-BUILT" PLANS AND CONSTRUCTION COSTS------------------------
LABOR OR MATERIAL CLAIMS---------------------------------------
MAfNTENANCE----------------------------------------------------
INSURANCE------------------------------------------------------
INDEMNIFICATION ------------------------------------------------
TAXES, ASSESSMENTS AND FEES------------------------------------
UTILITIES ------------------------------------------------------
DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS-----------------------
ASSIGNING, SUBLETTING AND ENCUMBERING --------------------------
DEFAULT IN TERMS OF THE LEASE BY LESSEE: COUNTY REMEDIES-------
TERMINATION BY COUNTY ------------------------------------------
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CLAUSE NO. CLAUSE PAGE
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TERMINATION By LESSEE------------------------------------------ 10
QUITCLAIM OF LESSEE'S INTEREST UPON TERMINATION---------------- 10
DISPOSITION OF IMPROVEMENTS, FIXTURES AND PERSONAL PROPERTY---- 11
EMINENT DOMAIN ------------------------------------------------- 12
QUIET POSSESSION ----------------------------------------------- 12
RESERVATIONS TO COUNTY----------------------------------------- 13
LEASE SUBORDINATE TO CONDITIONS AND RESTRICTIONS--------------- 13
UNLAWFUL USE--------------------------------------------------- 14
HOLDING OVER--------------------------------------------------- 14
AMENDMENTS----------------------------------------------------- 14
LEASE ORGANIZATION--------------------------------------------- 14
FORCE MAJEURE-------------------------------------------------- 14
PARTIAL INVALIDITY --------------------------------------------- 15
WAIVER OF RIGHTS----------------------------------------------- 15
FEDERAL AVIATION ADMINISTRATION REQUIREMENTS------------------- 15
COUNTY'S RIGHT TO RE-ENTER------------------------------------- 20
TfME----------------------------------------------------------- 21
AFFIRMATIVE ACTION PROGRAM------------------------------------- 21
NONDISCRIMINATION---------------------------------------------- 21
SECURITY ------------------------------------------------------- 21
RELOCATION ASSISTANCE WAIVER __--------------------------------- 21
HAZARDOUS SUBSTANCES------------------------------------------- 22
SUBSTANCE ABUSE------------------------------------------------ 23
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GROUND LEASE
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THIS LEASE, made and entered into this day of I
1991, by and between the COUNTY OF SAN DIEGO, hereinafter called
"County", and the CITY OF CARLSBAD, whose address is 2075 Las Palmas
Drive, Carlsbad, California 92009, hereinafter called "Lessee".
WITNESSETH:
That for and in consideration of the rentals received, covenants,
agreements and conditions as hereinafter set forth to be faithfully
paid, kept and performed by Lessee, County hereby leases and lets and
Lessee hereby takes possession of, hires, rents and accepts that
0.83 acre, plus or minus, portion of McClellan-Palomar Airport owned
and operated by County and hereinafter referred to as the "Premises",
all of said property being delineated on the plat attached hereto and
marked Exhibit "A-l", and legally described in Exhibit "A-2".
It is understood and agreed by and between the parties hereto as
follows, to wit:
1. DEFINITION OF TERMS. The following words in this Lease shall
have the significance attached to them in this Clause unless otherwise
apparent from their context:
a. "Lease" means this Ground Lease.
b. "Airport" means McClellan-Palomar Airport
C. "Premises" means the 0.83 plus or minus acres designated
Parcel 90-0425-A, as delineated on Exhibit "A-1" and as described in
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Exhibit “A-2”.
d. “Board” means Board of Supervisors of the County of San
Diego.
e. “Lease Administrator” means the Director, Department of
General Services, County of San DiegO, or upon written notice to
Lessee, such other person as shall be designated Lease Administrator
from time to time by the Board.
f. “Airports Director” means the Airports Director, County of
San DiegO, or upon written notice to Lessee, such other person as shall
be designated Airports Director from time to time by the Board.
9. “F .A.A. ” means Federal Aviation Administration.
h. “ALP ” means F.A.A. - approved Airport Layout Plan.
2. EXHIBITS TO LEASE. This Lease includes the following exhibits
which are attached hereto and by this reference made a part hereof:
a. Exhibit “A-l” : Premises Plat.
b. Exhibit “A-2” : Premises Legal Description.
C. Exhibit “B” : Master Development Plan.
3. TERM. The term of this Lease shall be Two (2) years
commencing on April 1, 1991.
4. USE. Lessee shall use the Premises only for the purpose of
conducting an Employment Center by the City of Carlsbad. No other uses
of whatever nature shall be permitted under the terms of this Lease.
5. CONSTRUCTION OF IMPROVEMENTS. County and Lessee acknowledge
that as partial consideration for the granting of this Lease and as
partial security for this Lease, Lessee agrees to install, erect and
construct improvements on the Premises as shown on Exhibit “B” attached
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hereto, and not to remove any or all of said improvements during the
term of this Lease without first obtaining written approval of the
Lease Administrator. Said installations, erection and construction of
improvements shall be completed as specified under Clause 10
(PERFORMANCE). Installation, erection and construction of improvements
shall be at Lessee’s sole cost and expense and according to Working
Drawings and Schedule submitted to and approved in writing by the
Airports Director, prior to commencement of construction. Lessee shall
submit two complete sets of Working Drawings and Schedule to the
Airports Director for said written approval. Approved Working Drawings
and Schedule shall be placed on file with the Airports Division, County
of San Diego. Working Drawings as prepared by said Lessee, shall set
forth the type of structures proposed by Lessee for construction of
said improvements on said Premises and construction of said
improvements is hereby made a part of the consideration for this Lease.
Lessee shall have the right to construct additional improvements
on the Premises according to plans which shall have been given written
approval by the Airports Director prior to commencement of such
construction. It is understood and agreed by Lessee that any such
improvements will comply with any present or future ALP and Aviation
Area Development Standards, which are or may be adopted by the Board
and approved by F.A.A.
6. ADMINISTRATION. This Lease shall be administered on behalf of
County by the Lease Administrator and on behalf of Lessee by Cynthia
Haas or such other person as shall be designated in writing from time
to time by Lessee.
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7. RENTAL. Lessee, for consideration of the possession and use
of the Premises, shall pay rent to County during the term of this
Lease, each and every year in advance, in the amount of One Dollar
($1.00) per year.
Rental payments as aforesaid shall be made payable to the County
of San Diego, Office of Auditor and Controller, and delivered to:
Controller Branch Office - Cashier 5201 Ruffin Road, Suite H, MS 0654 San Diego, CA 92123
or to such other Department address as may be specified by County in
writing from time to time.
8. NOTICES. Notices given or to be given by County or Lessee to
the other, shall be given in writing and shall be addressed as follows,
or as County or Lessee may hereafter designate by written notice:
TO: COUNTY Director, Dept. of General Services County of San Diego 5555 Overland Ave., Bldg. 2 San Diego, CA 92123
with a copy to: Airports Director 1960 Joe Crosson Drive El Cajon, CA 92020
TO: LESSEE
CITY OF CARLSBAD
2075 Las Palmas Drive Carlsbad, CA 92009
9. OPERATING PROCEDURES. It is understood and agreed by and
between the parties hereto that the uses permitted and the facilities
and services provided under this Lease for the Premises are to serve
the general public. Lessee agrees to operate and manage the services
and facilities which it offers to the public in a competent and
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efficient manner.
A leasehold manager will be designated in writing by Lessee to
county and will have full operational responsibility for compliance
with terms and conditions of this Lease. The leasehold manager or his
designated representative will be available during all normal business
hours.
lo. PERFORMANCE. Lessee shall commence off site improvements,
site development and construction of its improvements on the Premises
according to the Working Drawings referenced in Clause 5 (CONSTRUCTION
OF IMPROVEMENTS), within six months from the commencement date of this
Lease.
Lessee shall at all times conduct its construction operations so
that such operations will not interfere with the normal operation and
use of the Airport by County, the public and other persons and
organizations entitled to the use of same. Upon completion of the work
specified in this Clause and in said Working Drawings, Lessee shall
perform no further or other construction, modification, alteration or
improvement without the prior written approval of the Airports
Director.
11. “AS-BUILT” PLANS AND CONSTRUCTION COSTS. Within sixty (60)
days following completion of any substantial improvement within the
Premises, Lessee or its Engineer or Architect shall furnish County a
complete set of "As-Built" plans and an itemized statement of the
actual construction cost of such improvement.
12. LABOR OR MATERIAL CLAIMS. Lessee shall at all times indemnify
and save County harmless from all claims for labor or materials in
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connection with construction, repair, alteration or installation of
structures, improvements, equipment or facilities within the Premises,
and from the cost of defending against such claims, including
attorneys’ fees.
13. MAINTENANCE. County shall not be required to maintain, repair
or replace improvements constructed within the Premises: provided,
however, County may, at its sole option, do any filling, grading, slope
protection, retaining wall construction or replace or repair any
County-constructed facilities within or without the Premises in order
to protect the Premises or any part of the Airport.
Lessee shall, to the reasonable satisfaction of the Airports
Director, keep and maintain the Premises and all improvements of any
kind or character which may be erected, constructed, installed or made
thereon in good condition and in substantial repair. Lessee shall take
all steps necessary or appropriate so as to maintain such a standard of
good condition and repair. Lessee further expressly agrees to maintain
the Premises in a safe, clean and sanitary condition to the complete
satisfaction of the Airports Director and in compliance with all
applicable rules, regulations, ordinances or laws. In this connection,
Lessee shall provide proper containers for trash, garbage and waste of
all kind and character and shall keep the Premises free and clear of
rubbish and litter to the satisfaction of the Airports Director.
County reserves the right for its agents or employees to enter upon and
inspect the Premises at any and all reasonable times to ascertain the
above-described standards are maintained.
In the event Lessee fails to make repairs or replacements to any
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improvements as required by County, then County may notify Lessee in
writing of said failure specifying in said notice the nature and extent
of defects. In the event Lessee fails to make said required repairs or
replacements within thirty (30) days after such notice County may make
such repairs or replacement and Lessee shall pay the cost thereof,
(including, but not limited to, the cost of labor, material and
equipment) within ten (10) days of receipt of statement of such costs
from County.
14. INSURANCE. Lessee shall, during the term of this Lease, keep
or cause to be kept, Commercial General Liability insurance in an
amount of not less than $l,OOO,OOO each occurrence, however, Lessee’s
obligation under this clause may be satisfied by self-insurance.
Upon written request from County, Lessee shall supply County with
a Certificate of Insurance, or statement of self-insurance evidencing
coverage in the amount specified and shall name the County as
additional insured.
The County shall retain the right at any time to review the
coverage, form and amount of insurance required herein, and may require
Lessee to obtain insurance sufficient in coverage, form and amount to
provide adequate protection against the kind and extent of risk which
exist at the time a change in insurance is required. County
requirements shall be reasonable.
15. INDEMNIFICATION. Lessee shall indemnify and save harmless
County, its officers, agents and employees from and against any and all
claims, demands, liabilities or loss of any kind or nature which
County, its officers, agents or employees, may sustain or incur or
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which may be imposed upon them or any of them for injury to or death of
persons, or damage to property as a result of, arising out of, or in
any manner connected with this Lease or with occupancy and use of the
Premises by Lessee, its officers, agents, employees, subtenants,
licensees, patrons or visitors, except as attributable to an act or
omission of County. Lessee further agrees to pay any and all costs and
expenses, including but not limited to court costs and reasonable
attorneys’ fees, incurred by County on account of any such claims,
demands or liabilities.
16. TAXES, ASSESSMENTS AND FEES. The terms of this Lease may
result in the creation of a possessory interest. If such a possessory
interest is vested in a private party to this Lease, the private party
may be subjected to payment of personal property taxes levied on such
interest. Lessee shall be responsible for the payment of, and shall
pay before they become delinquent, all taxes, assessments and fees
assessed or levied upon Lessee or the Premises or any interest therein,
including but not limited to buildings, structures, fixtures, equipment
or other property installed or constructed thereon. Lessee further
agrees not to allow such taxes, assessments or fees to become
delinquent and as such to become a lien against the Premises or any
improvement thereto. Nothing herein contained shall be deemed to
prevent or prohibit the Lessee from contesting the validity or amount
of any such tax assessment or fee in the manner authorized by law.
17. UTILITIES. Except for such utilities that County herein
expressly agrees to provide, Lessee shall order, obtain and pay for all
utilities necessary to its use and enjoyment of the Premises and shall
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pay all services and installation charges in connection therewith,
including sewer connection and service charges.
County shall have the right, without cost to County, to connect to
water, sewer, power, gas and communication lines as are now or
hereafter may be installed upon the Premises and shall have the right
of access to construct and maintain such connections. Lessee, however,
will not be liable for any additional service fees or charges as a
result of such connection.
18. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. The damage or
destruction of improvements on the Premises shall not terminate this
Lease, unless Lessee elects to abandon the remainder of the Leasehold
and all improvements Lessee made to the real estate. Should Lessee
elect to abandon the Leasehold, Lessee shall remove all debris caused
by damage or destruction of the improvements at Lessee’s expense, and
within ninety (90) days of said damage or destruction, commence and
diligently pursue to completion the repair, replacement or
reconstruction of improvements necessary to permit full use and
occupancy of the Premises for the purposes permitted by this Lease.
Repair, replacement or reconstruction of improvements within the
Premises shall be accomplished in a workmanlike manner and according to
plans approved by County.
19. ASSIGNING, SUBLETTING AND ENCUMBERING. Lessee shall not
mortgage, pledge, hypothecate, encumber, transfer, sublease or assign
Lessee’s interest in the Premises or any portion thereof.
20. DEFAULT IN TERMS OF THE LEASE BY LESSEE: COUNTY REMEDIES.
a. Should Lessee default in the performance of any covenant,
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condition or agreement contained herein, and such default is not
corrected within sixty (60) days after Lessee receives written notice
from County of said default, the Lease Administrator may declare this
Lease to be terminated. All rights of Lessee and those who claim under
Lessee, stemming from this Lease, shall expire and be of no further
force and effect at the time of such termination. In the event this
Lease is so terminated, the damages County may recover from Lessee
pursuant to Civil Code Section 1951.2 include the worth at the time of
award of the amount by which the unpaid rent for the balance of the
term after the award exceeds the amount of such rental loss for the
same period that Lessee proves could be reasonably avoided.
b. Pursuant to Civil Code Section 1951.4, as an alternative
to declaring this Lease terminated as above, even if Lessee breaches
this Lease and abandons the Premises, County may allow this Lease to
continue in effect and enforce all its rights and remedies hereunder,
including the right to recover the rent as it becomes due.
C. In the event legal action is brought to enforce or declare
a breach or default of this Lease, the successful party shall be
entitled to recover costs of sustaining such action, including
reasonable attorneys, fees, from the unsuccessful party.
21. TERMINATION BY COUNTY.
In the event that County should require the Premises during
the term of this Lease in connection with future expansion and/or
operation of the Airport, County reserves the right to terminate this
Lease upon Six (6) Months written notice.
22. TERMINATION BY LESSEE. In the event that during the term of
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this Lease any ordinance or law should become effective, the terms of
which so restrict the uses to which the Premises may be put that Lessee
is unable to continue the use and occupation of the Premises
substantially in the manner as allowed by this Lease, Lessee may apply
in writing to County for a mutual termination of this Lease. Consent
to said mutual termination will not be unreasonably withheld by County.
Upon such mutual termination Lessee shall be entitled to no payment for
any remaining value of its interest.
23. QUITCLAIM OF LESSEE’S INTEREST UPON TERMINATION. Upon
termination of this Lease for any reason, including but not limited to
termination because of default by Lessee, Lessee shall execute,
acknowledge and deliver to County within thirty (30) days after receipt
of written demand therefor, a good and sufficient deed whereby all
right, title and interest of Lessee in the Premises is quitclaimed to
County . Should Lessee fail or refuse to deliver the required deed to
County, County may prepare and record a notice reciting the failure of
Lessee to execute, acknowledge and deliver such deed and said notice
shall be conclusive evidence of the termination of this Lease and of
all right of Lessee or those claiming under Lessee in and to the
Premises.
24. DISPOSITION OF IMPROVEMENTS, FIXTURES AND PERSONAL PROPERTY.
All buildings, structures, equipment and fixtures installed by Lessee
in accordance with the provisions of this Lease, and not being a
replacement or repair of or for any improvement or improvements now
existing and belonging to County, or subsequently installed by County,
shall be and remain the property of Lessee during the term of this
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Lease. It is agreed that any building, equipment and fixtures so
installed by Lessee shall be, and the same are hereby made, security
for the faithful performance of each and all the terms, conditions and
covenants of this Lease, including but not limited to the payment of
rent. Upon the termination of this Lease for any cause, all such
buildings, structures, equipment and fixtures shall be removed by
Lessee at Lessee’s own expense; provided, that all damage to County’s
remaining property or improvements shall be repaired in a good and
workmanlike manner and the Premises sha.11 be left in as good order and
condition as when Lessee took possession thereof. Lessee shall
commence such removal as soon as possible following said expiration or
termination and shall diligently pursue said removal to completion. In
the event Lessee does not so remove any of such buildings, structures,
equipment or fixtures as aforesaid, County may remove or sell or
destroy the same at the expense of Lessee, and Lessee shall pay to
County the reasonable cost of any such removal, sale or destruction.
It is further agreed that any personal property not removed from the
Premises within sixty (60) days following termination of this Lease
may, at County’s option, be deemed abandoned, whereupon County may
dispose of the property as provided in Chapter 5 (commencing with
Section 19801, Title 5, Part 4, Division 3 of the Civil Code of
California.
25. EMINENT DOMAIN. In the event the whole or any part of the
Premises is condemned by a public entity other than County, in the
lawful exercise of the power of eminent domain, this Lease shall
terminate.
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20. QUIET POSSESSION. Lessee, by paying the rent and performing
the covenants and agreements as herein required, may at all times
during the said term peaceably and quietly have, hold and enjoy the
Premises for the term aforesaid. If County for any reason whatsoever
cannot deliver possession of the said Premises to Lessee at the
commencement of the term hereinbefore specified, or if Lessee is
dispossessed through action of a title superior to County’s, then in
neither of such events shall County be liable to Lessee for any loss or
damage resulting therefrom, but rather there shall be determined and
stated in writing by the Board, a proportionate reduction of the rent
covering the period or periods during which Lessee is prevented from
having the quiet possession of the Premises.
27. RESERVATIONS TO COUNTY. The Premises are accepted by Lessee
subject to any and all existing easements and encumbrances. County
reserves the right to all gas, oil, water and minerals on or beneath
the Premises and the right to install, lay, construct, maintain, repair
and operate such sanitary sewers, drains, storm sewers, pipelines,
manholes and connections; water, oil and gas pipelines; telephone and
telegraph power lines; and the appliances and appurtenances necessary
or convenient in connection therewith, in, over, upon, through, across
and along the Premises or any part thereof, and to enter the Premises
for any and all such purposes. County reserves the right to grant
franchises, easements, rights of way and permits in, over, upon,
through, across and along any and all portions of the Premises. No
right reserved by County in this Clause shall be so exercised as to
interfere unreasonably with Lessee’s operations hereunder.
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County agrees that rights granted to third parties by reason of
this Clause shall contain provisions that the surface of the land shall
be restored as nearly as practicable to its original condition upon the
completion of any construction. County further agrees that should the
exercise of these rights temporarily interfere with the use of any or
all of the Premises by Lessee, the rental shall be reduced in
proportion to the interference with Lessee’s use of the Premises.
28. LEASE SUBORDINATE TO CONDITIONS AND RESTRICTIONS. This Lease
shall be subordinate to and subject to the terms, conditions,
restrictions and other provisions of any existing or future permit,
lease and/or agreement between County and the United States of America
and/or any other local, State or Federal agency, relative to the
control, operation or maintenance of the Airport, the execution of
which has been or will be required as a condition precedent to the
operation or control of, or to the expenditure of Federal funds for,
the Airport. Lessee agrees to be bound by such terms, conditions,
restrictions and provisions and, whenever the County may so demand, to
execute, acknowledge or consent formally to such terms, conditions,
restrictions or provisions.
29. UNLAWFUL USE. Lessee warrants that no improvements shall be
erected, placed upon, operated nor maintained within the Premises, nor
any business or other activity conducted or carried on therein or
therefrom, in violation of the terms of this Lease, or of any
regulation, order of law, statute, by-law or ordinance of a
governmental agency having jurisdiction and any breach of said warranty
shall constitute a breach of this Lease.
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30. HOLDING OVER. In the event Lessee shall hold over after the
term herein granted, such holding shall be deemed to be a tenancy from
month to month and shall be governed by the terms, conditions and
covenants contained in this Lease.
31. AMENDMENTS. This Lease sets forth all of the agreements and
understandings of the parties and any modification hereof must be
written.
32. LEASE ORGANIZATION. The various headings and numbers herein,
the grouping of provisions of this Lease into separate clauses and
paragraphs, and the organization hereof, are for the purpose of
convenience only and shall not be considered otherwise.
33. FORCE MAJEURE. If either party hereto shall be delayed or
prevented from the performance of any act required hereunder by reason
of acts of God, restrictive governmental laws or regulations, or other
cause without fault and beyond the control of the party obligated
(financial inability excepted), performance of such act shall be
excused for the period of the delay; and the period for the performance
of any such act shall be extended for a period equivalent to the period
of such delay. However , nothing in this Clause shall excuse Lessee
from the prompt payment of any rental or other charge required of
Lessee, except as may be expressly provided elsewhere in this Lease.
34. PARTIAL INVALIDITY. If any term, covenant, condition or
provision of this Lease is held by a court of competent jurisdiction to
be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be
affected, impaired or invalidated thereby.
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35. WAIVER OF RIGHTS. The failure of County or Lessee to insist
upon strict performance of any of the terms, covenants or conditions of
this Lease shall not be deemed a waiver of any right or remedy that
County or Lessee may have, and shall not be deemed a waiver of rights
to require strict performance of all the terms, covenants and
conditions of the Lease thereafter nor a waiver of any remedy for the
subsequent breach or default of any term, covenant or condition of the
Lease.
36. FEDERAL AVIATION ADMINISTRATION REQUIREMENTS. In the event
there is any conflict between the provision in this Clause and the
other provisions in this Lease, the provisions in this Clause shall
take precedence.
a. Lessee for itself, its heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree as a covenant running with the
land that in the event facilities are constructed, maintained, or
otherwise operated on the said property described in this Lease for a
purpose for which a DOT program or activity is extended or for another
purpose involving the provision of similar services or benefits, Lessee
shall maintain and operate such facilities and services in compliance
with all other requirements imposed pursuant to Title 49, Code of
Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations may be amended.
b. Lessee for itself, its personal representatives,
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successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree as a covenant running with the
land that: (1) no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction of any improvements on, over,
or under such land and the furnishing of services thereon, no person on
the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be subject to
discrimination, (3) that Lessee shall use the Premises in compliance
with all other requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally-Assisted
Programs of the Department of Transportation-Effectuation of Title VI
of the Civil Rights Act of 1964, and as said Regulations may be
amended.
C. That in the event of breach of any of the above
nondiscrimination covenants, County shall have the right to terminate
this Lease and to re-enter and repossess said land and the facilities
thereon, and hold the same as if said Lease had never been made or
issued. This provision does not become effective until the procedures
of 49 CFR Part 21 are followed and completed including expiration of
appeal rights.
d. Lessee shall furnish its accommodations and/or services on
a fair, equal and not unjustly discriminatory basis to all users
thereof and it shall charge fair, reasonable and not unjustly
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discriminatory prices for each unit or service; PROVIDED, THAT Lessee
may be allowed to make reasonable and nondiscriminatory discounts,
rebates or other similar type of price reductions to volume purchasers.
e. Non-compliance with Provision d above shall constitute a
material breach thereof and in the event of such noncompliance County
shall have the right to terminate this Lease and the estate hereby
created without liability therefore or at the election of County or the
United States either or both said Governments shall have the right to
judicially enforce said Provisions.
f. Lessee agrees that it shall insert the above five (5)
Provisions in any sublease, contract or agreement by which said Lessee
grants a right or privilege to any person, firm or corporation to
render accommodations and/or services to the public on the Premises
herein leased.
9. Lessee assures that it will undertake an affirmative
action program as required by 14 CFR Part 152, Subpart E, to insure
that no person shall on the grounds of race, creed, color, national
origin, or sex be excluded from participating in any employment
activities covered in 14 CFR Part 152, Subpart E. Lessee assures that
no person shall be excluded on these grounds from participating in or
receiving the services or benefits of any program or activity covered
by this subpart. Lessee assures that it will require that its covered
suborganizations provide assurances to Lessee that they similarly will
undertake affirmative action programs and that they will require
assurances from their suborganizations, as required by 14 CFR Part 152,
Subpart E, to the same effect.
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h. County reserves the right to further develop or improve
the landing area of the Airport as it sees fit, regardless of the
desires or view of Lessee and without interference or hindrance.
1. County reserves the right, but shall not be obligated to
Lessee, to maintain and keep in repair the landing area of the Airport
and all publicly-owned facilities of the Airport, together with the
right to direct and control all activities of Lessee in this regard.
L This Lease shall be subordinate to the provisions and
requirements of any existing or future agreement between County and the
United States, relative to the development, operation or maintenance of
the Airport.
k. There is hereby reserved to County, its successors and
assigns, for the use and benefit of the public, a right of flight for
the passage of aircraft in the airspace above the surface of the
Premises herein leased. This public right of flight shall include the
right to cause in said airspace any noise inherent in the operation of
any aircraft used for navigation or flight through the said airspace or
landing at, taking off from or operation on the Airport.
1. Lessee agrees to comply with the notification and review
requirements covered in Part 77 of the Federal Aviation Regulations in
the event future construction of a building is planned for the leased
Premises, or in the event of any planned modification or alteration of
any present or future building or structure situated on the leased
Premises.
m. Lessee, by accepting this, expressly agrees for itself,
its successors and assigns that it will not erect nor permit the
erection of any structure or object, nor permit the growth of any tree
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. .
on the land leased hereunder that conflicts with Part 77 of the Federal
Aviation Regulations. In the event the aforesaid covenants are
breached, County reserves the right to enter upon the land leased
hereunder and to remove the offending structure or object and cut the
offending tree, all of which shall be at the expense of Lessee.
n. Lessee, by accepting this Lease, agrees for itself, its
successors and assigns that it will not make use of the leased Premises
in any manner which might interfere with the landing and taking off of
aircraft from said Airport or otherwise constitute a hazard. In the
event the aforesaid covenant is breached, County reserves the right to
enter upon the Premises hereby leased and cause the abatement of such
interference at the expense of Lessee.
0. It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of an exclusive
right within the meaning of Section 308a of the Federal Aviation Act of
1958 (49 U.S.C. 1349a).
PO This Lease and all the provisions hereof shall be subject
to whatever right the United States Government now has or in the future
may have or acquire, affecting the control, operation, regulation and
taking over of said Airport or the exclusive or non-exclusive use of
the Airport by the United States during the time of war or national
emergency .
37. COUNTY’S RIGHT TO RE-ENTER. Lessee agrees to yield and
peaceably deliver possession of the Premises to County on the date of
termination of this Lease, whatever the reason for such termination.
Upon giving written notice of termination to Lessee or upon
expiration of the term of this Lease, County shall have the right to
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re-enter and take possession of the Premises on the date such
termination becomes effective without further notice of any kind and
without institution of summary or regular legal proceedings.
Termination of the Lease and re-entry of the Premises by County shall
in no way alter or diminish any obligation of Lessee accrued or
accruing under the Lease terms and shall not constitute an acceptance
or surrender.
Lessee waives any and all rights of redemption under any existing
or future law or statute in the event of eviction from or dispossession
of the Premises for any reason or in the event County re-enters and
takes possession of the Premises in a lawful manner.
Lessee agrees that should the manner or method employed by County
in re-entering or taking possession of the Premises give Lessee a cause
of action for damages or in forcible entry and detainer, the total
amount of damages to which Lessee shall be entitled in any such action
shall be one dollar ($1.00). Lessee agrees that this Clause may be
filed in any such action, and that when filed it shall constitute a
stipulation of Lessee fixing the total damages to which Lessee is
entitled in such an action.
38. TIME. Time is of the essence of this Lease.
39. AFFIRMATIVE ACTION PROGRAM. Lessee and any sublessee/
assignees for whom a “Consent to Sublease” is approved by County,
maintaining a business location within San Diego County and using such
business location in any manner connected with this Lease, shall comply
with the Affirmative Action Program for Vendors as set forth in Article
III (commencing at Section 84) of the San Diego County Administrative
Code, which program is incorporated herein by reference. A copy of the
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Affirmative Action Program for Vendors will be furnished upon request.
40. NONDISCRIMINATION. Lessee herein covenants by and for itself,
its successors and assigns, and all persons claiming under or through
it, and this Lease is made and accepted upon and subject to the
condition that there shall be no discrimination against or segregation
of any person or group of persons, on account of race, color, creed,
religion, sex, marital status, national origin or ancestry in the
leasing, subleasing, transferring, use, occupancy, tenure or enjoyment
of the leased Premises nor shall the Lessee itself, or any person
claiming under or through it, establish or permit any such practice or
practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees,
sublessees, subtenants or vendees in the leased Premises.
41. SECURITY. Lessee shall be responsible for and shall provide
for the security of the Premises, and County shall have no
responsibility therefor.
42. RELOCATION ASSISTANCE WAIVER. Lessee hereby acknowledges and
agrees that Lessee waives all rights to any form of Relocation
Assistance provided for by local, State, or Federal law that Lessee may
be entitled to by reason of this Lease.
43. HAZARDOUS SUBSTANCES. Regardless of whether the obligation to
comply is on the land owner, the owner of the improvements or the user
of the improvements, Lessee shall be solely responsible for fully
complying with all present or future rules, regulations, restrictions,
ordinances, statutes, laws and orders of any governmental entity
regarding:
a. Any improvements installed or alterations made on the
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Premises including, but not limited to, storage tanks, pipelines,
pumps, and all other structures and equipment; and
b. The storage, distribution, processing, handling or disposal
of hazardous substances including, but not limited to, gasoline,
diesel, aviation fuels, lubricating oils, solvents, chemicals, and
hazardous substances designated in Labor Code Section 6382 and Health &
Safety Code Section 25316.
If any hazardous substance as defined above spills, leaks or is
discharged from any facility on the Premises, Lessee shall immediately
make all repairs necessary to prevent further spills, leaks or
discharges and shall immediately clean up and promptly dispose of the
spilled hazardous substance and any soil contaminated by the spill. If
Lessee fails to make the required repairs, to clean up the spill or to
properly dispose of any contaminated soil, County may, after written
notice to Lessee, take all steps County deems necessary to make the
necessary repairs, to clean up the spill and to dispose of any
contaminated soil. Lessee shall, within 30 days of receiving a bill
from County, reimburse County for the cost of all such repairs and
clean up work that County does or has had done.
Lessee shall be solely responsible for paying all fines, damages
and penalties imposed by any governmental agency regarding the
production, storage, distribution, processing, handling, disposing,
spilling, leaking or discharging of any hazardous substance as defined
above.
44. SUBSTANCE ABUSE. Lessee and its employees and agents shall
not use or knowingly allow the use of the Premises for the purpose of
unlawfully driving a motor vehicle or aircraft under the influence of
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C
.,
.
L
an alcoholic beverage or any drug or for the purpose of unlawfully
selling, serving, using, storing, transporting, keeping, manufacturing
or giving away alcoholic beverages or any controlled substance,
precursor, or analog specified in Division 10 of the California Health
and Safety Code, and violation of this prohibition shall be grounds for
immediate termination of the Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease
the day and year first above written.
LESSEE: CITY OF CARLSBAD, a municipal of California
ATTEST:
ALETHA L. RAUTENKRANZ City Clerk
Attorney
COUNTY OF SAN DIEGO
BY Clerk, Board of Supervisors
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BASIS OF BEARING
R.O.S.9167
48’ RO. 8 UTILITY ESMT.
F/ P 82-201566
EXHIBIT A-l
DEPARTMENT OF GENERAL SERVICES ACCROVCO l Y o*tc 10-29-90 SHEET NO
FACILITY AN0 REAL PROPERTY DWSION PERRY I OF I
COWI-Y OF SAN DIEGO DRAW lY ac*u 1”’ I& L PARCEL NO.
f 1111 PALOMAR AIRPORT- CARLSBAD EMPLOYMENT CENTER 190-o&5
PROJECT?- TITLE PALOMAR AlRPORT - ARLSSAD EMP;OYFAENT CENTEFI -.
A&-lbRlZED J. AMORELLI APN 209-050-25
LOG NO. 9005-07 W.O. NO. TE3814 W/P FILE 900425A.PWP
Parcel No. 90-0425-A (1 O-29-90) (PWP:JS:pwp)
All that portion of Lot ‘8’ of Ranch0 Agua Hedionda, in the City of Carlsbad, County of Sen Diego,
State of California, according to Map thereof No. 823 filed in the Office of the County Recorder of said
County, November 16, 1896, lying within the land described in deed to said County of San Diego
recorded January 18, 1974, at File/Page No. 74-014190, described as follows:
COMMENCING at the Southwesterly corner of land described in deed to the City of Carlsbad,
recorded June 30, 1982, at File/Page No. 82-201566 in said Recorder’s Office; thence along a
Westerly line of said County of San Diego land, South 1 l’Y7’56’ West (South lo”46’15’ West per
deed), 519.76 feet to the TRUE POINT OF BEGINNING; thence leaving said Westerly line,
South 78”42’04 East, 20.00 feet to the beginning of a tangent 374.00 foot radius curve, concave
Northeasterly, being also the Southwesterly sideline of that certain 48.00 foot wide road and utility
easement described as Parcel No. 82-0001-B in said City of Carlsbad’s deed; thence Southerly
through Southeasterly, along the arc of said curve, through a central angle of 54”45’22’, a distance of
357.42 feet; thence tangent to said curve, South 43’27’26 East, 69.67 feet; thence leaving the
Southwesterly sideline of said 48.00 foot wide easement, South 46Y32’34’ West, 7.83 feet to the
Southwesterly line of said County of San Diego’s land; thence Northwesterly along said line,
North 73°17’52 West, 231.59 feet; thence North 1 lo1756 East (North lo”46’15’ East per deed),
330.24 feet to the TRUE POINT OF BEGINNING.
Contains 0.83 Acres.
EXHIBIT A-2
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ENTRANCE TO
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C_ ,?ITE IT - DON’T SAY . i’!
Date March 6 1991
To File 0 Reply Wanted
From Karen q No Reply Necessary
Re: Lease Agreement with County of San Diego for Hiring Center
This date two original agreements, signed by representatives of the
City of Carlsbad, were given to Cynde Haas for transmittal to
the County. We requested that one fully executed orignal agreement
be returned to us after County approval.
Also provided a copy of Res. 91-77 which approved the agreement.
K.
AIGNER FORM NO. S-032 PRlNTCO IN “SA