Loading...
HomeMy WebLinkAbout1976-07-06; City Council; 3698; EMPLOYEES PARKING LOT CITY YARD4 -@ CITY OF CARLSBAD 0 ‘ Initial? Dept.fId. - - C. Atty. t C. Mgr. 5 AGENDA BILL NO. 3L ?if DATE : Julv 6. .uL6 - DEPAFI”IWE3J : UT I L IT I ES/MA 1 MT Ell All CE -. Subject: EMPLOYEES PARKING LOT CITY YARD Statement of the Matter Employee off-street parking at the City Yard is limited to 14 spaces which resul in 15-20 employee vehicles being parked in the street. This causes considerablc congestion and is undesirable in that vehicles are parked on the streets in fror of local businesses. Additionally, visitor/vendor parking is non-existent. Ovt the past 13 months, the Director of Utilities/Naintenance has been negotiating b the ATS&F for a portion of their right-of-way between Oak & Elm Street. On February 17, 1976, a firm offer of $100 a month was made for a lot 275’ X 70 (Exhibit A). This was accepted on June 3, 1976 (Exhibit B) by the railroad and a lease agreement, ’effective June 15, 1976, was forwarded. available in Fund 1-104-2870 (General Government Administration) and the FY76-7 FY75-76 Funds are Budget request includes sufficient funds in the same category. Pron nast experience, taxes are expected to be minirial. EXHI BIT A. Director of Utilities & Maintenance letter to Mr. Lloyd ATS&F of February 27-, 1976. ATS&F letter to Director of Utilities & Maintenance of June 3, 1976. 6. . c. ~~,LyoT;;ad 40. 3pq7 RECOMMEllDAT IO14 If Council approves the lease of ATSbF right-of-way for use as an employee par1 lot, approve Resolution 396 ?and authorize the Flayor to execute the necessal 1 ease agreement. . Council action .7-6-76 Resolution #3947 was adopted, approving lease between A.T City. for Employee Parking Lot. Staff was instructed to look into the possibility of leas other Parcel of land running to the south of Oak Ave. extl 7- t CI m TELEPHONE (714) 729-1 181 1200 ELM AVENUE CARLSEAD, CALIFORNIA 92008 aitp of QCarIgbab February 17, 1976 rzlr. M. W. Lloyd The Atchison, Topeka & Santa Fe Railway Co. 121 East Sixth Street Los Angeles, California 90014 Dear Mr. Lloyd: Reference is made to your letter of January 23, 1976, and previous correspondence related to the lease of railroad property in the vicinity of the City Corporation Yard at 405 Oak Avenue in the city. Your letter indicated the possibility that either of two parcels might meet our requirements; the first running generally north of Oak Avenue extended; the second running south. I have reviewed the possibilities of both parcels and based upon costs of required im- provements, it appears that the parcel running to the south of Oak Avenue extended, is the least desirable. It is my understanding that the property running to the north of Oak Avenue extended is presently under lease, but the lease will SOOn be terminated. firm offer of $100 per month for a portion of this property, generally 70' in width and 275' long. This parcel is outlined on the attached map which was provided previously by Mr. Hauptl i . It is understood that the lease would be temporary with a 30-day cancellation clause and it is further understood that improvements provided by the City would be restricted to leveling, surfacing with a temporary surface (decomposed granite or AC) and fencing. I am available to discuss this further should you desire any more in- formation. Sincerely, '---- COG f 6REm- Supervisor of Contracts -. I have been authorized by the City Manager to make a ~~z&z&2J Li Actin Utilities/Maintenance Director Encl osure RWG: pag EXHIBIT hr- City Manaqer, Public Works Administrator , dWLY 2, /?7O 4 Jy: come3 Y I 0 0 The Atchison,Topeka and Santa Fe Railway Company A Santa Fe lndusiries Company 121 East Sixth Street, 10s Angeles, California 90014, Telephone 213/628-0111 @ Ext. 22530 June 3, 1976 File: BI-70259 Mr. Roger W. Greer Acting Utilities/Maintenance Director City of Carlsbad 1200 Elm Avenue Carlsbad, CA. 92008 Dear Mr. Greer: Reference is made to your letter of February 17, and subsequent phone conversation, relative to proposed lease of a portion of Railway Company right of way near Oak Avenue for your maintenance yard employees parking. Attached are duplicate copies of our form of comercia.: The lea: lease which will cover your activities on our property. becomes effective June 15, 1976 and provides for the monthly rental of $100.00. The lease also provides under Paragraph 6 that the lessee will reimburse the Railway Company for any taxes assessed against the leased! premises. If the lease agreement is satisfactory would appreciatc if you would arrange for execution of both copies thereof and return them to me, together with copy of minutes of the council authorizing the execution of the document by the signatory. Very truly yours, H. D. Fish, General Manager BY ?$yW/M M. F?. Lloyd." Supervisor of Contracts EXHIBIT " 7 1 2 3 4 5 6 7 8 9l 10 11 121 RESOLUTION NO. @I 7 * A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, PARKING LOT, AUTHORIZING THE EXECUTION OF A CONTRACT AND AUTHORIZIFIG FUNDS FOR THE LEASE. CALIFORNIA ACCEPTING AN OFFER OF THE LEASE 9F AN EMPLOYEE WHEREAS, The privately owned vehi cl es of ci ty empl oyees employed at the Corporation Yard are parked on the public streets and; WHEREAS, these vehicles constitute a nuisance to local merchants I whose customers park in the public streets and; I I WHEREAS, the Atchison, Topeka and Santa Fe Railroad has agreed to j lease a portion of the railroad right-of-way at the end of Oak Street ' in close proximity to the yard for the purpose of a city employee parki I lot and; 18 l9 20 21 22 23 24 25 26 27 28 1 2. That the formal offer of $100 per month, plus property taxes by the Atchison Topeka and Santa Fe Railroad for lease of a parking lot is hereby accepted. That the Mayor of the City of Carlsbad is hereby authorized tc execute a contract for the lease of said property. That the expenditure of $1200 is hereby authorized out of Fund 1-104-2870 of the City of Carlsbad solely and exclusive1 for the purpose of providing funds for the payments of the lease during the fiscal year. I 3. 4. xx xx I 1 2 3 4 5 0 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 6th day of July , 1976, by the foJJowing vote, to wit; AYES: Councilmen Frazee, Lewis, Packard, Skotnicki anc NOES: None Councilwoman Casler. l9 20 21 22 i I ' I 23 I 24 ' I 25 I 26 ~' 27 ~ I I 28 ~ -2- 0. 0 COMMERCIAL LEASE THIS LEASE, made as of the 25th day of May , 1976, beti THE ATCHISOLI, TOPEKA AND SANTA FE -NY '.J ,a nph3re ., corpora' (hereinafter called "Lessor") and CITY OF CArnsBAD, a California ~,?~~~l .. corporatio- L (hereinafter called "Lessee") . WITNESSETH: -----__- -- 1 NOW, THEFSFORE, in consideration of the mutual covenants and conditions he contained, the parties hereto agree 2s follows: 1. TERM Lessor hereby leases to Lgssee for a term beginning on JWE 1st 1976 , and continuing thereafter On a ncnt'n t basis until this, lease is terminated as hereinafter provided, subject to,the r and easements hereinafter excepted and reserved and upon the terms and conditions her after set forth, the land @ existinq imDrovements (hereinafter called "Premises") E --_-----_------_----I________ at ox near Carlsbad , Countyofan. 9iec;o , as described or shown on print No. -I - - 'f %.- of Calu..o,nia -. dated May l.7 I 1976 ... , marked "Exhibit tached hereto and made a part hereof. 2. EXISTING FACILITIES Lessor hereby excepts and reserves the right, to be exercised by Lessor ar any others who have obtained or may obtain permission or-authority from Lessor so to (1) Operate, maintain, renew and relocate any and all existing pipe, 1: and communication lines and appurtenances and other facilities of character upon, over or under the surface of Premises; and (2) Construct, operate, maintain, renew and relocate such additional f l-ities of the same character as will not unreasonably interfere wj Lessee's use of Premises as specified in paragraph 7 hereof. 3. RENTAL Lessee shall pay to Lessor as rental for use of Premises the sum of One Hundred ---------.-----_---_---------------------------------------- and No/100 1 ($ 100.00 1 per mh , payable mv in I A 4. SECURITY DEPOSIT Concurrently with the execution of this lease Lessee shall pay to Lessor of waived ($ as security for the full and faithful performance of every provision of this lease t formed by Lessee. payment of rental or additional rental or the provisions of paragraph 20 (b) hereund Leqsor may use, apply or retain all or any part of this security deposit for the pay any such rent or any other sum in default, or for the payment of any bther amount wh may spend or become obligated to spend by reason of Lessee's default, If any portio said deposit is so used or applied, Lessee shall within Ten (10) days after written therefor deposit to Lessor in an amount sufficient to restore the security deposit t original amount and Lessee's failure to do so shall be a material breach of this lea Lessor shall not be required to keep the secuirty deposit separate from its general and Lessee shall not be entitled to interest on such deposit. If Lessee shall fully If Lessee defaults with respect to any provision hereof relating > 0 0 faithfulLy Perform each provision of this lease to be performed by it the security de or any balance thereof shall be returned to Lessee upon demand by Lessee upon termina of this lease and upon Lessee's vacation of the Premises. 5. RENTAL ADJUCSTMEN'P (a) At any time after three (3) years from the effective date her'eof, and after at intervals of not less than three (3) years, the rental specified in paragrt shall be subject to revision upon thirty (30) days' notice in writing from Lessor to Lessee advising Lessee of such revision. Each such revision shall be based on a fair tal return of the market value of Premises at the time of revision giving due conside to use, location, street frontage, size and all other applicable factors. Any notice cerning such revision shall designate the amount of the revised rental and the date c revised rental shall become effective. (b) If Lessee pays the rent specified in this lease or any modification thefeto after written notice has been mailed by Lessor notifying Lessee that the rent been increased, even though Lessee may be making such payment after receiving a bill the lower amount, acceptance by Lessor of the lower amount shall not consittute a waj by Lessor of the right to collect the higher amount. 6. TAXES (a) During the term of this lease, Lessee shall pay to Lessor, in additio rental provided for in paragraph 3 and within ten (10) days after receipt of bill tnl all taxes and assessments which may be levied upon or assessed against or equitably I able to Premises, or which may be fairly apportionable to Premises, but included in or assessments against a larger parcel of property of which Premises is a part. Les shall also promptly pay all taxes levied upon or assessed against its improvements, personal property and operations on Premises. (b) In addition to the taxes and assessments specified above, Lessee shal Lessor any privilege, sales, cross income or other tax (not including Federal or Sta tax) imposed upon the rentals received by Lessor by any agency having the authority -1. USE Lessee shall use Premises exclusively as a site for city employee ?Qlrkin\,ses -1 +l Lessee shall comply with all laws, ordinances or regulations applicable to said use, but not limited to building and zoning ordinances, restricting or regulating or pro! the occupancy, use or enjoyment of the Premises. Failure of the Lessee to use the P exclusively for such specified purposes(s) dr to comply with such laws, ordinances I lations shall constitute a material breach of this lease and a valid basis for the e by Lessor of its right to terminate this lease as provided in paragraph 23 hereof. SI any governmental body having Imisdiction in the matter require Lessor to dedicate, or otherwise encumber the Preinises, or any adjoining property of Lessor as a conditil the approval of Lessee's use of the Premises, or in compliance with any other govern1 regulation, Lessor may, if said condition is unacceptable to Lessor, terminate this Lessee covenant9 to properly notify Lessor accordingly should any of the above occur 8. CONDITION OF PFGNISES Lessee has examined Premises and accepts the use and occupancy thereof wi knowledge of the physical condition and of the conditions, restrictions, encumbrance all matters of record relating to Premises. 9. ALTERATIONS Lessee shall make no change or alteration in nor additions to Premises wi first obtaining the written consent of Lessor. 10. MAINTENANCE OF PREMISES Lessee shall keep and maintain the Premises and any and all buildings, st utility lines, paving and all appurtenances thereto including personal property (her sometimes called "Lessee-Owned Improvements'') in condition and repair satisfactory t and shall not cause or permit any waste or nuisance in, on or about Premises. Any a necessary repairs shall be made at Lessee's expense and Lessee hereby waives all rig make repairs at the expenze of Lessor. If Lessee fails to make repairs within fifte -2 - e 6 days after notification in writing that repairs are necessary, Lessor may make such : to the Premises and Lesgee-Owned Improvements as Lessor deems necessary to maintain 1 a clean, sightly, sanitary and good cordition and Lessee agrees to promptly reimburse for the cost of such repairs upon receipt of bill therefor. 11. UTILITIES (a) Lessee shall pay any and all charges for ,water, gas, siwer, heat, lig. power and telephone service and all other services supplied to or used on Premises o able, assessed or taxed to Premises. Lessee agrees that Lessor shall not be require, furnish to Lessee any water, gas, sewer, heat, light, power or telephone service or other facilities, equipment, labor, materials or services of any kind whatsoever. (b) If any utility company requires a license or permit from Lessor to cr perty of Lessor, other than Premises, before the aforesaid services will be provided shall pay to Lessor the hum of One Hundred Fifty and No/100 Dollars ($150.00), or su sum as Lessor may from t.ime to time put into effect, to cover the expense of prepari processing each such license or permit. 12. FENCE Lessee shall, at Lessee's expense, construct a fence or barricade, of a t proved in writing by Lessor, along the boundary lines of Premises adjoining other pr of Lessor. ,i 13. FIE HAZARD SAFEGUARDS Lessee shall at all times use and occupy Premises in such manner and shal such safeguards as will minimize fire hazard to the fullest extent possible consiste the use of Premises specified in paragraph 7 hereof. 14. INDEMNITY (a) Lessee agrees to indemnify and save harmless Lessor against all loss, or expense which Lessor mcy s'ustain, incur or become liable for, including loss of c to property cx injury t~ sz &cith cf persons an& fines or per.altiex irnposed 'JFCP. or against Lessor, arising in an'y manner out of: (1) The use of Premises by Lessee, its employees, patrons, licensees and invitees; (2) Any breach by Lessee of the terms, covenants or conditions herein contained; (3) The construction, maintenance or location on Premises of Improvements, utility lines or services; or (4) The sole or contributing acts or omissions of Lessee or the employees, agents, patrons or invitees of Lessee in, on or about Premises or Improvements. (b) Upon written request by Lessor, Lessee shall assume the defense of i or action brought against Lessor, its agents or employees, alleging any claim for LC damage hereunder, and Lessee shall pay all expense, including attorneys' fees, incui by Lessee and/or Lessor in defending and settling all claims and liabilities agains? it indemnifies Lessor hereunder. 15. LIENS Lessee shall promptly pay and discharge any and all liens arising out of struction, alterations or repairs done, suffered or permitted to be done by Lessee I Premises and/or Improvements and shall indemnify Lessor against any loss incurred b: on account of such liens. Lessor is hereby authorized to post any notices or take ( action upon or with respect to Premises that is or may be permitted by law to preve: att,achment of any such liens to Premises: provided, however, that failure of Lessor any such action shall not relieve Lessee of any obligation or liability under this j 15 or any other paragraph hereof. -3 - 0. 0 16. SIGNS Without the written consent of Lessor, Lessee shall not place nor permit placed on Premises or Impfovements any sign not solely for the purpose of advertisin1 Lessee's business condhcted on Premises. Upon request by Lessor, Lessee shall immed remove any sign or decoration which Lessee has placed or permitted to be placed in, 1 about Premises or Improvements which, in the opinion of Lessor, is objectionable or 1 sive. If Lessee fails to make such removal, Lessor may enter Premises or Improvemen remove said sign or decoration at Lessee's expense. 17. EVICTION In case of eviction of Lessee by anyone owning or claiming title to or an; terest in Ptemises, Lessor shall not be liable to Lessee for damage of any nature wh, or to refund any rental paid hereunder, except the proportionate part of any rental advance. 18. AQSIGNMENT Lessee shall not assign this lease without first obtaining Lessor's writt proval therefor. 19. SUBLEASE Lessee shall not sublease Premises or any part thereof without first obts Lessor's written approval therefor. 2 0. TEFCYINATION (a) Thisslease ma-tlx? terminated at any tj.me by either party hereto servi thirty (30) days' wr?kten=j.c& of termination upon the other parky stating thereil! notice, this lease and all rirjhts of Lessee hereunder shall absolutely cease and det date such termination shall take Effect. Upon the expiration of the time specified (b) bpon t.ermiriatian 0; Cilis lease in any itcirirLei providcd hcrei::, kcsec remove from Premises, at Lessee's expense, any Lessee-owned improvenents and appurte including all trade fixtures, personal property, utility lines, paving, foundations any and all debris, leaving Premises in a cleared and reasonably level condition sat to Lessor. If Lessee fhils t.3 complete the removal of said i.mprovements and appurtc within thirty (30) days after termination of this lease, Lessor shall have the optic exercised in writing at any time thereafter, to either: (1) Perform such removal and clear Premises for the account of Lessee and in such event Lessee shall reimburse Lessor for all costs so incurred within fifteen (15) days after rendition of bill therefor; or (2) Take and hold said improvements and appur- 4 tenances as its sole property without com- pensation to Lessee, and in such event Lessee shall be relieved of the obligation to remove or pay for removal of said improve- ments and appurtenances. 21. NOTICES All notices to be given hereunder shall be given in writing, by depositii in the United States mail duly registered or certified, with postage prepaid, and ac as follows: Lessor at: 121 East Sixth Street Los Angcles, California 90014 Lessee at: 1200 Elm Avenue Carlsbad, California 92008 or addressed to such other address as the parties hereto may from time to time desi1 -4 - .L t 0 4 22. BANKRUPTCY If Lessee should become insolvent or fail in business, or make an assignme: the benefit of creditors, then Lessor may, at its option, terminate this lease upon f (5) days' written notice. 23. FORFEITURI.: FOR DEFAULT If any rental hereunder shall be due and unpaid, or if default shall be mas any of the covenants or agreements of Lessee herein contained, or in case of any assi lease by serving five (5) days' notice in writing upon Lessee or serve notice in writ upon Lessee notifying Lessee to cure any default or defaults within five (5) days fro1 vice and if Lessee fails to do so, the lease will be deemed forfeited and terminated: any waiver by Lessor of any default or defaults shall not constitute a wavier of the : to terminate this lease for any subsequent or continuing default or defaults. or transfer of this lease by operation of law, Lessor may, at: its option, terminate t 24. HOLDOVER If Lessee fails to surrender Premises to Lessor upon any termination of th lease, all the liabilities and obligations of Lessee hereunder shall continue in effe' until Premises is surrendered. No termination hereof shall release Lessee from any 1 bility or obligation hereunder, whether of indemnity or otherwise, resulting from any omissions or events happening prior to the date of termination, or date of surrender it be later. t 25. ATTORNEYS' FEES If Lessor commences an unlawful detainer act,ion or any other action against Lessee to enforce any obligation arising under the terms and provisions of this lease, against any subtenant or assignee of Lessee using the Premises, Lessee shall pay all c costs and reasonable attorney's fees associated with such action. 2 6. CONDEMNATION Iri the event all or any por-Lion of the leased Premises shali be condemned f public use, Lessee shall receive compensation only for the taking and danaging of Less Improvements. Lessee shall have no claim to any compensation awarded for the taking c the Premises or any portion thereof including Lessee's leasehold interest therein or t any compensation from a sale of the Premises or any portion thereof by Lessor under tk of condemnation. 27. WAIVER No waiver by either party hereto at any time of any of the terms and condit of the lease shall be deemed a waiver at any time thereafter of the same or any other or conditions hereof. 28. TIME OF THE ESSENCE Time and specific performance are each of the essence of this lease. 29. EEADINGS AND TITLES The headings and titles to the paragraphs of this lease are not a part of t . lease and shall have no effect 'upon the construction or interpretation of any part of lease. 30. PUBLIC RECORD It is understood and agreed that this lease shall not be placed of public rl 31. AMENDMENT OF LEASE It is agreed that this lease sets forth all of the promises, agreements, COI tions, inducements and understandings between the parties relative to the Premises and there are no promises, agreements, conditions, understandings, inducements, warranties representations, oral Or written, expressed or implied, between them other than as her( Set forth and this agreement shall not be modified in any manner nor shall any provisic be waived except by an instrument in writing executed by duly authorized reprcsentativt of the parties. -5 - 0 0 32. BINDING All the covenants and agreements of Lessea herein contained shall be bindi the heirs, legal representatives, successors and assigns of Lessee, and shall inure t benefit of the successors and assigns of Lessor. c IN WITNESS WHEREOF, chis lease has been duly executed in duplicate by the hereto as of the day and year Eirst above written. FF: - XTJ P (LesZ BY Its -6 - E XH I B 1 T “A’ ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND C\TY 0 F CARCSDAD LOS ANGELES, CALIF J. G FRY A G M -ENGINEERING MhY 17, 1976 SCALE. 1 IN.TO 100 FT. 0 PONTO NE --L,, - DESCRIPTlON~ v) rl 0 < A RECTANGULAR SHAPED PARCEL OF LAND CONTAIN\N6 li, z O.YY2 t AChES SHOWN OOTLlNED SHADED. 0 AT CARLSDAD, SAN DIEGO COUNTY, CALIF. C.ECL. DRAWING NO 601-