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Home My WebLink About1983-05-24; City Council; 7379-1; Land Lease for Branch Library Site LCWDAB MTG.- 5 24/83 DEPT. CM .^•, ,,fit CM OF CARLSBAD - AGENDA BILL Iff- : LAND LEASE FOR BRANCH LIBRARY SITE - LCWD DEPT. HD.'e/'/K-- CITY -ATTY�,P_-A CITY MGR. RECOMMENDED ACTION: Adopt Resolution No.approving a revised lease agreement with LCWD. ITEM EXPLANATION: At its May 12, 1983 meeting, the LCWD Board of Directors reviewed the City's lease proposals and conditionally approved the lease with the following modifications: 1. The hold harmless clause on page 3 be expanded to indicate that the City would indemnify and defend the District. 2. That an additional clause be added that states, "During the term of this lease, access to the branch library shall be provided to District residents on the same basis as City residents." The lease with the above modifications is attached. FISCAL IMPACT: First year and annual operating costs would be partially offset by California Library Service Act (CLSA) funds. First year cost will be approximately $120,000. Annual operating costs after first year are $60,000. The City will have available at .he end of the fiscal year $75,000 in CLSA funds. Projected annual revenue from CLSA is $60,000. CLSA funds are subject to an annual appropriation by the State Legislature and there is no guarantee that the program will be funded in the future. EXHIBITS: Resolution No. -2 4 5 6 7 8 ' 9 10 11 12 13 14. 15 16 17 18 19. 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LEASE WITH THE LEUCADIA COUNTY WATER DISTRICT FOR A BRANCH LIBRARY SITE. WHEREAS, the City of Carlsbad and the Leucadia County Water District'desire to enter into a lease of land for a branch library; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitation is true and correct. 2. That the lease attached hereto as Exhibit A is hereby approved. 3. That the Mayor be authorized and directed to sign the lease on behalf of the City. ' PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California at ad'o ed rePuTar meeting held on the 24th day of May , 1983. AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None MARY H. ASLER, Mayor ATTEST: AL ��HA L. R& TE CRANZ 'lty Clerk K N R. KUNDTZ, Deputy City Clerk (SEAL) BXHIBIT A . LAND LEASE -- BRANCH -LIBRARY ' This lease is made on , 1983 between the City of Carlsbad, a municipal corporation hereinafter called "City" and I4eucadia County Water District, a county water district, hereinafter called "District." Property: District leases to City real property located in the City of Carlsbad, County of San Diego, State of California described in Exhibit A attached hereto and incorporated by reference. • City shall use said property for the establishment and operation of f ' a temporary branch City library. Term: The term of this lease is for four years from - 1983 to midnight on . 19 87 unless extended or sooner terminated by City as provided for in this lease. Subject to the provisions for extension, this lease shall terminate without further notice upon expiration of the term. Any holding over by City after expiration shall not constitute any renewal or extension or give City any rights in or to the property except that City shall be permitted to remove any structures or other improvements, except underground utilities, placed on the property by' 'City. Extension: City may, at City's option, extend the term of this lease for additional periods of 18 months at a time, subject to all the terms and conditions of this lease. The option to extend shall be exercised by giving written notice to District not less than 30 days before the last day of ,the'original or extended term. At the -3 E time of exercising the option to renew, and on the last day of the term, City shall not be in default of any provision of this lease. The notice of exercising the option shall be effective upon delivery of the notice to the District. Delievery shall mean actual delivery or deposit of the notice property addressed and posted in the United States'mail. Failure to exercise the option to extend for a ' tiperiod 'shall extinguish all other options to extend and the lease shall terminate on the last day of the term. District may excuse failure to •, meet the time limits for exercising the option to'extend without waiving any of the provisions of this paragraph regarding extensions. Termination: City may terminate this lease at any time upon 30 days notice to District. District shall not terminate this lease during the original four year term. District may terminate this lease at any other time upon 18 months written notice'to City. Rent; City shall pay to District rent of $1.00 (one dollar) per year or portion thereof payable in advance on the annual anniversary of the date of commencement of the original term. The annual rent is not subject to adjustment by District upon extension of the term. Use: City shall use the property solely for the establishment, taintenance and operation of --a temporary branch City library. The primary library structure shall be no larger than 31000 .'square feet in,'floor area, and may be of modular construction. City shall use its best efforts to ensure that the design and color of the structure is consistent with the design and color of the District i ' -1 office. City shall landscape the area around the structure in a manner that is consistent with the landscaping around the District office. City shall remove all structures and building foundations when it vacates the premises. During the term of this lease, City agrees that access to the branch library shall be provided to residents of the District on the same basis as residents of the City. 7 Assignment or Subletting: City shall not assign or sublet j its interest in the property without the P P Y prior consent of District, which consent shall not be unreasonably withheld. Water and Other Utilities: City shall provide water, trash, electrical and other utility service to the property. Return of Premises: Upon expiration of this lease City shall -return the property to District in substantially the same condition as it was on the date of commencement of the lease. City t shall not commit or permit waste of the property. Bold Harmless and Insurance: City agrees to hold harmless, indemnify and defend District from any injury to persons or property arising out of City's possession or use of the property or City's conduct of library operations on the property. j Notices and Payment: All notices and payments to District shall be delivered to: C 1 . • i 1 • All notices to City shall be delivered to: City Manager, City of Carlsbad " 1200 Elm Avenue Carlsbad, CA 92008 This lease is executed on the date first noted above: Attest: City of Carlsbad . by: My Clegk / b4ayor Clerk of the Board Leucadia Countv Water District • • by: Approved as to ED iS TOFPS• - INCCNTF ION J y to Puy fl�ni.�i R City At !}(. tschke,, ss �# torney ' i District Counsel • -4- •