Loading...
HomeMy WebLinkAbout1983-07-05; City Council; 7427; Sublease Agreement between City and YMCA-- C17 OF CARLSBAD - AGENL a BILL AB#= N/TG. 7/5/83 SUBLEASE AGREEMENT BETMEEN THE CITY OF CARLSBAD AIdD THE YMCA TITLE: DEPT. & I - I DEPT. HD. - CITY ArrY 9w CITY ~0~.;1383 RECOMMENDED ACTION: City Council adopt Resolution No. 7270 approving a sublease between the City of Carlsbad and the Korth Coast Family Young Men’s Christian Association for use of the middle waters of Agua Hedionda Lagoon to con- duct a recreational program. ITEM EXPLANATION The City of Carlsbad leased the middle and inner waters of Agua Hedionda Lagoon from San Diego Gas and Electric Company in 1957. subleased the water rights of the middle lagoon to the YrlCA for recreational purposes . In 1963, the City Some time ago, the sublease expired. of 1982. The document has gone through extensive review by the Parks & Recreation Commission and the YMCA Board of Directors. now agreed as to content and are prepared to recommend approval. A new sublease was prepared in Ahgust Both parties have Highlights of the sublease are outlined below: 1. The YiKA can use the middle la.goon for recreational purposes. 2. The sublease shall be for a 10-year period. It will automatically be renewed for 3 successive 5-year terms unless notice is given by either party. 3. If the City wants to use the YMCA property for recreational purposes, they must pay the same rate that is charged to YMCA groups from ‘Play 15 - October 15 (prime time). the rate for the use of the facility is half the cost. Throughout the rest of the year 4. City has the right to reserve the property one year in advance. FISCAL IMPACT City will incur some expenses when making reservations utilizing the YIlCA land and rnateri a1 s. EXH I B ITS 1. Resolution No. 7.7 70 2. Sublease Letween the City of Carlsbad and the North Coast Family YMCA. 2 3 4 5 6 7 8 9 10 11 a2 13 I4 15 I6 17 18 19 20 21 22 -L hJd 2 4 2 5 2 6 27 28 RESOLUTION NO. _--- 7270 A RESOLUTION OF THE CITY COUNCIL OF THE C TY OF CARLSEAD, CALIFORNIA, APPROVING AND THE f*!ORTtl COAST FAM[LY YOUNG MEN'S TIONAL. PKOGRAM OF4 THE MIDDLE PORTION OF AGUA HEDIONDA LAGOON AND AUTHORIZING THE AN AGREEMENT BETNEEN THE c1-n OF CARLSBAD CIHRISTIAN ASSOCIATION TO COFIDUCT A RECREA- -.L.-l--l_-.- MAYOR TO EXECUTE SA10 AGREEMENT. -- --.. The CSt:y Ccuricil of the City of Carlsbad, Calildrnia does hereby resol ve as 7ol i OWT, : 1. Wrth Coast Farni'i'y YMCA to conduct a recreational program in the rriiddle portion cf Agua liedionda Lagoon, a copy of which is attached hereto marked That c.,;I_.u.tain si:b'lease between the City of Carlsbad and tho )I:-- 1 r:::-ib?'.t A" and made a part hereof is approved. 2. That the myor of the City of Carlsbad is hereby authorized t!:?d directc.i;! tr! cm3t.e said agrwiient for and on behalf of the City of ::; :j r-1 s 5 ad I PASSEO, AP?2OVED AND ADOPTED at regular nieetiny of the City Councij OF the CitLy of Carlsbad, California, held on the day Of --._- '1983, by the following vote, to wit: AYES : NOES : AE?jtl{.T: . .. _-I_ bIARY CASI-ER, Mayor ATT E S T : (SEAL) EXHIBli 1 'i , .. SUBLEASE THIS SUBLEASE, made and entered into as of by and between CITY OF CARLSBAD, a municipal corporation ("Sublessor") and North Coast Family YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation ("Sublessee"). WITNESSETH: WHEREAS, Sublessor is the lessee of that certain real property of Rancho ,. . Aqua Hedionda Middle Lagooti Waters which is hereinafter described and is willing to sublease the same to Sublessee; and WHEREAS, Sublessee is desirous of hiring and subleasing the said described property from Sublessor for certain recreational purposes; NOW, THEREFORE, in consideration of the performance of the terms and conditio& hereof, the parties mutually agree as follows: 1. Demised Premises. For and in consideration of the payment of the rents and performance by Sublessee of the covenants hereinafter contained; Sublessor hereby lets and Sublessee hereby hires and leases from Sublessor those certain premises more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). 2. E. The Property shall be used by Sublessee for the general purposes of recreation, sporting, fishing, and other purposes connected with Sublessee's recreational camping program, which use shall at all times be under the competent and effective supervision of agents, servants, and employees of Sublessee. Sublessee shall not use the Property for any commercial or business venture. Sublessee's use of the water, shall be non-exclusive. 3. Term. - The initial term of this Sublease shall be for a period of ten (10) years commencing on the day of , 1983, ,and ending on the day of , 1993. This Sublease shall automatically be renewed for three (3) successive five (5) year terms unless either party gives the a repnce 171C Attachment A 3 . .. .. . . __ . . . .. - , .. . .~ . . . . . .... -. . - - - other written notice at least sixty (60) days prior to &he end of the initial term or any successive term that the Sublease is to terminate at the end of such term. 4. Rent. - Sublessee agrees to pay to Sublessor the sum of ONE DOLLAR ($1.00) per year for the use and occupancy of the Property, receipt of which rent for the first (1st) year of the initial term of this Sublease is hereby acknowledged. 5. Improvements. , '4 f Sublessee shall have the right, subject to the approval of San Diego aqd City of Carlsbad Gas & Electric Cornpan$ to construct and repair any recreationally related im- provement upon the Property, including, but not limited to, a combined boat and fishing pier. any and all liens at all times. Sublessee agrees to keep the Property free and clear of Upon the termination of this Sublease, either by its expiration or upon notice, Sublessee agrees, upon receipt of written request from Sublessor, to remove, at Sublessee's own expense, any and all structural or other improvements which may' have theretofore been erected or constructed on the Property by Sublessee. The removal thereof shall be accomplished within sixty (60) days from and after the date of expiration or termination of this Sublease. 6. Subordination. This Subleaie is subordinate to that certain written lease bet'ween Sublessor and San Diego Gas & Electric Company, dated March 4, 1957, a copy of which is attached hereto, marked Exhibit "B" and incorporated herein by reference, as amended on April 1, 1962, a copy of which Amendment is attached hereto, markcd Exhibit "C" and incorporated herein by reference. 7. Waste. ,- Sublessee stiall not commit, suffer, or permit any waste, nuisances, or unlawful acts on the Property and shall at all times maintain the same in a clean and sanitary condition in compliance with ,all applicable 'laws, rules, regulations, and ordinances respecting health and safety of the City of Carlsbad, repnce 171G I2 I '. I i . i .. .. .- the Ccunty of San Diego, and the State of California. 8. Sanitary Facilities. As further consideration for this Sublease, Sublessee agrees, at its own expense, to erect, provide, maintain, and service such suitable sanitary facilities as may be required for the comfort and needs of the persons entering upon or using the Property. 9. Hazards. Both parties recognize and agree that due to the operation of thh tides, I. . the flow of waters, and other causes not under the control of either party, certain subsurface obstructions,shoals, bars, and other potentially dangerous conditions may develop from time to time in and under the surface of the waters contiguous to the Property and Sublessee, its agents, servants, employees, permittees, licensees, invitees, and other persons using and entering upon said waters do so with specific knowledge and express notice, which notice Sublessee undertakes to give to all such persons of such canditions, and Sublessee and such persons specifically release and hold Sublessor harmless from and against any and all claims, demands, and liabilities for damages or injuries occasioned by or resulting from such subsurface conditions. This release is in addition to such other release and indemnification as is provided below. 10. Right of Entry. Sublessor reserves the right to enter upon the Property at any time for the purpose of viewing the same to see if Sub1essee.k faithfully complying with the terms and conditions of this Sublease. 11. Rights of Sublessee. Sublessee shall have no right nor acquire any interest in or to the Property other than as provided in this Sublease. 12. Assignment. Sublessee shall not assign this Sublease nor sublease the Property; provided, however, Sublessee may allow other persons to use the Property for a fee. In the event that Sublessee Recreation Department ("Parks") and conditions shall apply: " (a) Fees. allows the City of Carlsbad Parks and to use the Property, the following provisions . During prime-time months (as hereinafter defined) Parks shall be charged the same rate charged to YMCA Groups for use of the l'Property". repnce 17/C \ During non-prime time months (as hereinafter defined) Parks shall be charged one-half (112) of the prime-time rate for use of the Property. hereinabove used shall include the months of May through October and all federal, state, county, and city school vacations, and all federal, state, county, and city holidays. days, and times which are not prime time. "Prime time" as Won-prime time" as hereinabove used shall include all months, (b) Lifeguards. Sublessee shall not require Parks to employ Sublessee's lifeguards if, but only if, Parks' lifeguards complete Sublessee's orientation program'and agree to, and in fact do, follow and uphold all of Sublessee's rules. (c) Reservations. Parks and Parks' groups have the right to rkserve dates for use of the Property up to one (I) year prior to the date of the actual use. 13. Waiver. Any waiver by Sublessor of any breach of one or more of the terms, covenants, and conditions of this Sublease shall not be a waiver of any subsequent other breach of the same or of any other term or condition hereof. . 14. Indemnity. Sublessee hereby agrees to indemnify, save, and hold Sublessor harmless from any and all loss, damage, injury, and claims resulting from any act or omission of Sublessee, its employees, agents, licensees, permittees, invitees, or other persons upon the Property with or without the consent of Sublessee, 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 Property by Sublessee, its agents, servants, employees, and other persons. Notwithstanding any of the above to the contrary, Sublessee shall not be responsible for and does not hold Sublessor harmless from any act or omission, which act or omission mnstitutesvnegligence (whether direct, vicarious, or imputed) on behalf of Sublessor, its employees, or its agents. active 15. Attorneys' Fees. In the event either party shall be required to commence any action or proceeding against the other by reason of any breach or claimed breach of any provision of this Sublease, to commence any action in any way connected with this Sublease, or to seek a judicial declaration of rights hereunder, the person pre- vailing in such action or proceeding-shall be entitled to recover from the other person or to be reimbursed the prevailing person's actual attorneys' fees. and costs including, but not limited to, expert witness fees, witness fees, and any " repnce 171C L and all other fees and costs, whether or not the proceeding or action proceeds to judgment. 16. Construction. Whenever used in this Sublease, as the context requires, the singular number shall include the plural, the plural number shall include the singular, the masculine gender shall include the feminine and neuter, the feminine gender shall include the masculine and neuter, and the neuter gender shall include the masculine and feminine. ,. .. 17. Headinqs and Captions. The headings and captions at the beginning of the variQus paragraphs and subparagraphs of this Sublease shall not be construed to be a substantive part of this Sublease and shall not in any way define, limit, expand, or affect any provision of this Sublease. 18. Notices. . Notices to be given hereunder from one party to the other may be served in person or sent by certified mail to: SUBLESSOR : 1200 Elm Avenue Carlsbad, California 92008 SUBLESSEE : 200 Saxony Road Encinitas, California 92024 or such other place as the parties may designate. IN WITNESS WHEREOF, the parties hereto have caused this Sublease to be . executed for and on behalf of each by and through their' respectively authorized corporate officers as of the day and year first above written. SUBLESSOR : CITY OF CARLSBAD, a municipal corporation . Attest : - Clerk . Attest: Secretary repnce 17lC BY , Mayor SUBLESSEE: NORTH COAST FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation . 151 '7 .. The undersigned hereby consents to the foregoing 'Sublease. SAN DIECO GAS E ELECTRIC COMPANY, a corporaticm , President At test : Secretary . repnce 17IC . 8 I 'I RECORDING REQUESTED BY: Mr. David Kulchin WHEN RECORDED, RETURN TO: Mr. David Kulchin North Coast Family YMCA 200 Saxony Road Encinitas, California 92024 MEMORANDUM OF SUBLEASE This Memorandum of Sublease is made as of I 1983, by and between CITY VF CARLSBAD, a municipal corporation ("Sublessor") and NORTH COAST FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION ("Sublessee"), concerning that certain real property (the "Property"] located in the City of Carlsbad, State of California, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. For gmd and adequate consideration, Sublessor subleases the Property to Sublessee, and Sublessee hires the Property from Sublessor, for the term and on the provisions contained in the Sublease, which is incorporated in this Memorandum by this reference. The term of said Sublease is ten 110) years, commencing , 1983, and terminating on , 1993, subject to three (3) successive five (5) year extensions. This memorandum is not a complete summary of the Sublease. Provisions in this Memorandum. shall not be used in interpreting the Sublease provisions. In the event of conflict between this Memorandum and other parts of the Sublease, the other parts of the Sublease shall control. Executed on the date first written above. SUBLESSOR : CITY OF CARLSBAD, a municipal corporation BY , Mayor repnce 1711 . I1 I . 1 Attest : Clerk' SUBLESSEE-: .. Attest : NORTH COAST FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation Rv Secretary STATE OF CALlFORNlA ) ss. COUNTY OF 1 - On- , before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the Mayor of the City of Carlsbad, and know to me to be the person whose name is subscribeh to the within instrument and acknowledged that -he executed the same on behalf of the City of Carlsbad, known to me to be the person who executed the within instrument on behalf of the corporation therein named and acknowledged that such corporation executed the within instrument persuant to its charter. WITNESS 'my hand and official seal. I t STATE OF CALIFORNIA 1 COUNTY OF 1 1 ss. j NOTARY PUBLIC On , .efore me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the I of the corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument persuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official Jeal. NOTARY PUBLl C repnce 1711 121 I i ! ,. .- . . -. . . . . . - . .. . . . ._ . . . . .- . .. . . . . . . .. .. . . . . . ... .A - LEGAL DESCRIPTION OF MIDDLE LAGOON WATERS OWNED BY SAN DIEGO GAS E ELECTRIC COMPANY TO BE SUBLEASED BY CITY OF CARLSBAD TO THE Y.M.C.A. The certain portion of Lot "H" of Rancho Aqua Hedionda, according to the Map thereof No. 823, filed in the Office of the County Recorder of San Diego County described as follows: Commencing at Corner No. 1 of said Rancho Agua Hedionda; thence South 78' 03' East along the Northeasterly line of said Lot "H" of Rancho Agua Hedionda, a distance of 1014.32 feet; thence leaving said Northeasterly line of Lot "H", South 30' 48' East, a distance of 238.36 feet; thence South 76O 46' East, a distance of 931.69 feet to a point of intersection with the Westerly right of way line of the Atchison, Topeka E Santa Fe Railway Company as said right of way is destribed'in a Deed recorded September 13, 1948, in Book 2944 at Page 76 of said Official Records; thence South 83O 33' 25 I' East, a distance of 167.89 feet to the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING, North 26O 56' 40" West, a distance of 210.40 feet; thence North 62' 39' 20" East, a distance of 327.51 feet; thence South 26O 56' 40'' East, a distance of 208.78 feet; thence South 53O 40' 50" West, a distance of 257.37 feet; thence South 57O 11' 50" West, a distance of 73.95 feet; thence North 26' 56' 40" West, a distance of 45.55 feet to the TRUE POINT OF BEGINNING: excepting from the above described property that certain portion thereof lying above Mean Sea level, United States Geological Survey Datum. - repnce 1715 EX H I B IT "A" March 9, 1957 lease between San Diego Gas & Electric Company (as Lessor) and City of Carlsbad (as Lessee) to be provided by Sublessor. repnce 1 JIH EXH I BIT "Bl' __ ... . c ~. . . . . . . - ..L April 1, 1962 Amendment to Lease between San Diego Gas & Electric Company (as Lessor) and City of Carlsbad ( as Lessee) to be provided by Sublessor. . *. ' repnce 17lH EX H I B I T "C" I.