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HomeMy WebLinkAbout1975-11-10; City Council; 3507; LEASE AGREEMENT BETWEEN CITY OF CARLSBAD/SAN DIEGO GAS AND ELECTRIC COPMANY - PARK ON SOUTH SHORE, AGUA HEDIONDA LAGOONCITY OF CARLSBAD Initial: DATE: November 10, 1975 Dept.I-Id. __ ---------'------------ DEPARTi1ENT: City Manager ----~----'~--------- C. Atty • .JLfl:L C. Mgr. ~ .) Subject: LEASE AGREEMENT BETWEEN CITY OF CARLSBAD/SAN ELECTRIC COMPANY -Park on South Shore, Agua DIEGO GAS AND Hedionda Lagoon Statement of the Matter Ordinance No. 9279 adopted by Council on August 3, 1971, approving San Diego Gas and Electric Company's Specific Plan had as one of the conditions,that details concerning the leasing of park lands were to be agreed upon by the San Diego Gas and Electric Company and the City of Carlsbad. Exhibits Easement for construction of Cannon Road Lease Resolution No.,gzy0 approving Lease Easement for access to Park Recommendation If Council concurs with the lease as negotiated by the City Manager, adopt Resolution No.~O approving same, and by minute motion, accept the easement for construction of Cannon Road and the easement for access to the park. Council action 11-10-75 Resolution #3780 was adopted, approving a lease between the City of Carlsbad and San Diego Gas & Electric Company for a park on south shore of Agua Hedionda Lagoon. l 2 3 4 5 6 7 8 9 10 ll 0 12 < m (X) 13 V, ..J 0 . a: 0 N a: < 0) ., CJ 14 011.UJ:S 00~~ ~ ?= ~ e 15 iii-<-CJ ::. ..J LL • _. <C > Ul U 16 !zwsc ~~~~ ~ ~ ~ 17 > a: < < ~ CJ c:; 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3780 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LEASE BETWEEN THE CITY OF CARLSBAD AND SAN DIEGO GAS & ELECTRIC COMPANY FOR A PARK ON SOUTH SHORE OF THE AGUA HEDIONDA LAGOON Al.~D AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE. APPLICANT: SAN DIEGO GAS & ELECTRIC COMPANY~•------------- The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain lease between the City of Carlsbad and San Diego Gas & Electric Company for the park site proposed for the south shore of the Agua Hedionda Lagoon, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved • 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 10th day of AYES: NOES: ABSENT: ATTEST: November , 1975, by the following vote, to wit: Councilmen Chase and Skotnicki Council woman Cas 1 er // Councilmen Frazee• ancV't.ewi s #~ , ~{ 1c~lq-/6 £.z-:z .. ~ RBERT C. FRAZEE, Mayor LEWIS L. CHASE, Vice Mayor <.7211,_.,t,(.ltv6 r, C:Zl.t.:zr.A,} MARGAR~ E. ADAMS, City Cerlk (SEAL) LE ASE THIS LEASE, made and entered into as of the 10th day of November , 19~, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation, hereinafter called "Lessor", and the CITY OF CARLSBAD, CALIFORNIA, a municipal corporation, hereinafter called "Lessee", WITNESS ETH: WHEREAS, In 1971 Lessor requested specific plan approval for certain public utility operations· in the City of Carlsbad; and WHEREAS, In the course of processing said reque~t Lessor offered to make a portion of the property covered by the srecific plan available to the Lessee for park and recreational purposes, and WHEREAS, Said offer was accepted by Lessee and incorpor- ated in Ordinance No. 9279 which approved the specific plan as a condition thereof; and WHEREAS, In accordance with Section 2, Condition No. 3, of Ordinance No. 9279, Lessor and Lessee have resolved the details regarding the lease of certain hereinafter described real property; NOW, THEREFORE, in consideration of the performance of the terms and conditions hereof the parties agree as follows: 1. Leased Premises. Lessor does hereby lease to Lessee those certain premises located in the City of Carlsbad, State of California, containing approximately ninety-one (91) acres as generally shown on the map marked Exhibit "A", attached hereto and made a part hereof. Lessor shall survey the premises within ninety (90) days of the execution of this lease and shall furnish Lessee with a legal description t.o be attached hereto as Exhibit "B" and made a part hereof. 2. Use. The leased premises may be used by Lessee for park and recreation purposes which shall be supervised to the same extent as other comparable properti~s owned by Lessee and used for the same purpose. Lessee shall not use the leased premises for any commercial or business purpose that does not reasonably relate to the use of the premises for park and recreation purposes. 3. Term. The term of this lease shall be for a period of sixty (60) years con:tmencing ·on thelOthday of November 19 75 , and ending on the 9th day 9f No·vember , 2,035 4. Renewal. Within ninety (90) days from the expiration of the initial sixty (60) year term, and each succeeding term thereafter, the parties may by written mutual agreement renew this lease for thre~ (3) additional periods, each consisting of a ten (10) year term, plus one (1) additional term of nine (9) years. In no event shall the cumulative terms exceed ninety-nine (99) years. 5. Additional Construction. This lease is made upon the express condition that the leased premises will be available for 2. .. use by Lessor at any and all times for the repair or maintena, -~ of existing and future facilities, as well as all other operations necessary in connection with its public utility operations. It is understood that Lessor may construct additional electrical trans- mission lines and/or other utility lines upon the leased premises and reserves the right to accomplish said construction. Lessor shall make reasonable efforts to coordinate such activities with Lessee to minimize the interference with the Lessee's use of the premises. 6. Rent. Lessee agrees to pay Lessor rent based on the amount of one half of the taxes assessed against the leased premises and paid by Lessor, but in no case shall the amount paid by the City exceed the sum of fourteen thousand dollars ($14,000) annually. Lessee and Lessor shall take all reasonable steps to relieve Lessor of the real property tax liability on the leased premises for the term of the lease or any renewal as herein provided. The obligation of ·Lessee to pay rent shall not commence until five (5) years after execution of this lease or until Lessee has adopted a plan of develop- ment for the premises and obtained all permits necessary to accomplish the development, whichever occurs later. 7. Improvements. Lessee shall have the right to construct improvements upon the leased premises. Lessee agrees to consult with Lessor regarding any proposed improvements prior to the commencement of construction. No improvements, including grading or structures of any type, shall interfere with Lessors public utility facilities or operations on the leased premises. Lessor may relocate in a mutually agreeable manner any such improvement at Lessor's expense. Lessor will take every reasonable means to avoid relocation of Lessee's improvements. Upon termination of this lease, after receipt of a written demand from Lessor, Lessee shall remove all improvements 3. . ..,. ., within ninety (90) days at Lessee's expense. 8. Protection and Patrols. Lessee agrees to police, regulate, and control the entry and activities in and upon the leased premises to the same extent as other comparable property owned by Lessee. In addition, Lessee will take reasonable steps to protect all Lessor-owned property surrounding or adjacent to thP. leased premises and exterior thereto so as to minimize any and all disturbances and damages, including the possibility of damage to property and injuries to persons incident to the use of said premises by any person entering thereon. Said protection shall be consistent with the protection given to other private property in the City of Carlsbad. 9. Waste. Lessee shall not commit, suffer, nor permit any waste, nuisances, or unlawful acts on the leased premises, and shall at all times maintain the same in a clean and sanitary con- dition in compliance with all applicable rules, laws, regulations, and ordinances respecting health and safety of the City of Carlsbad and County of San Diego, and the State of California. 10. Right of Entry. Lessor reserves the right to enter upon the leased premises at any time for the purpose of viewing, patroling and inspecting the same to see if Lessee is faithfully complying with the terms and conditions of this lease. 11. Rights of ~essee. Lessee shall have no rights nor acquire any interest in or to the leased premises other than as provided in this lease and as a lessee and tenant thereof. 12. Default. Should default be made in the performance of any of the terms and conditions. of this lease and such default shall continue for sixty (60) days after Lessee has been notified 4 . -~r-1 ---,r--,1--,,---,-, l,..,i,,_,..r"""l....,.,.,--,-1 ,~~-"Tll " I I i Iii t in writing of such default, then Lessor may re-enter, take possession of said premises, and remove any and all persons and property of Lessee therefrom. 13. Assignment. Lessee shall not assign this lease nor sublease the leased premises except upon the written consent of Lessor which shall not be unreasonably withheld. Subject to the terms and provisions of this lease, Lessee may make any joint use agreement for the use or improvement of the premises and may grant permits, licenses or priviledges to any agency, person or partner- ship to enter upon and/or use any or all of the leased premises, upon terms and conditions as the Lessee deems necessary or desirable. 14. Waiver. Any waiver by Lessor of any breach of one or more of the terms, covenants, and conditions of tPis lease shall not be a waiver of any subsequent or other breach of the same, or of any other term or condition hereof. 15. Indemnity. Lessee hereby agrees to indemnity, save and hold Lessor hannless from and against any a., -:tll demands, claims, suits, loss, damage, injury, resulting from any act or omission of Lessee, its employees, agents, permittees, invitees, or other persons upon the leased premises with or without the consent of Lessee to the person or persons, or property or proper- ties of any person, including injury to or death of any person in any way arising from use and occupancy of the leased premises by Lessee, its agents, servants, employees, or invitees, whether actual or implied by law. It is the mutual intention and agreement of the parties that the foregoing indemnit} provisions shall extend to any and 5. f .,, -----------~---------------- all damages suffered by Lessor to its property adjacent to the leased premises or injury to or death of any person upon the ad- jacent property in any way arising frore the use or occupancy of the leased premises, occasiuned by the negligent, willful, or intentional acts or omissions of any persons using and who may be in or upon the leased premises. 16. Liability Protection. Lessee agrees to include the leased property in the liability protection program in use for other property owned by Lessee. 17. Notices. Notices to be given from or to either party may be addressed as follows: a. Lessor at 101 Ash Street, San Diego, California 92101. ~-Lessee at 1200 Elm Avenue, Carlsbad, California 92008. Notices shall be deemed given hereunder when placed by either party in the United States mail, postage prepaid, certified, and properly addressed to the other. 18. Ordinance No. 9279, Section 2, 13-B, 1-3. It is agreed that construction of park improvements, under Paragraph 7 of this lease, are not considered development of Lessor's property as specified in Ordinance No. 9279, Section 2, 13-B, 1-3. 19. Existing Agricultural Lease. Lessee recognizes that a part of the park lease area is presently being leased by Lessor for agricultural purposes. Lessee agrees that Lessor may continue to lease this area for agricultural purposes and will not require the cancellation until Lessee's plans to develop the leased premises for its intended park use are ready to be implemented. Prior to 6. I I 1 t implementation, Lessee agrees to provide Lessor with one year's advance notice so that Lessor can arrange the termination of the agricultural use. IN WITNESS WHEREOF, the parties have individually executed and caused this lease to be executed for and on behalf of each by their respective officers or agents as of the day and year first above written. ATTEST: '?72:✓t4 ,1,,f.?;t!. e' ~4nz.-(,, ~tAjIBT E. ADAMS City/Clerk SAN D~~GO GAS & ELECTRIC COMPANY, a Cal~f~rnia corporation ~( By ____ ',....,..t ___ ,(-"'-(.1---,.,...;-.!;l-"'--,_;...c..,.,--'-J ..,..._----- Senior Vic~ President LESSOR CITY OF CARLSBAD, a Municipal Cor~poration of the.· State of Californi . BY · ~~¢/f.L,,,e.__ 7. ROBERT C. FRAZEE, Mayor LESSEE LEWIS L. CHASE, Vice Mayor