Loading...
HomeMy WebLinkAbout1983-08-02; City Council; 7427-1; Sublease Agreement between City and YMCA. Dw 2 0 U e P, .2 z 0 F 0 U .. z 3 0 0 Wl ‘+’‘-*I MTG. 8-2-83 CITY OF CARLSBAD AND THE YMCA DEPT. p & R SUBLEASE AGREEflENT BETWEEN THE CII . OF CARLSBAD - AGENDA BILL DEPT. HD. CITY ArrY rn CITY MOR. % RECOMMENDED ACTION: City Council adopt Resolution No. 7270 approving a sublease between the City of Carlsbad and the North Coast Family Young Men’s Christian Association for use of the middle waters of Agua tiedionda Lagoon to conduct a recreational program, ITEM EXPLANATION: At their meeting on July 5, 1983, the City Council directed staff to add a 90-day cancellation clause to this agreement. This clause has now been included in the sublease. Refer to the attached agenda bill for additional details on the sublease. FISCAL IflPACT: City will incur some expenses when making reservations utilizing the YMCA land and materials. EXHIBITS : 1 Resolution No. 7270 2. Agenda Bill No. 7427 3. Sublease Agreement between the City of Carlsbad and the North Coast Family YMCA. City Council adopt ksclution No. -7-7'7(2 approving a sublease between the City of Carlsbad and the horth-Coast' Family Young Men's Christian Assvciation for use of the middle waters of Agua Fedioncia Lagoon to con- duct a recreat ianal program. The Cjty of C.u.lsbs::!. leased the middle and inner. waters of ASua tledionda Lags;vi from .5z? Ei-iys Gas and Electric Company in 1957. suS2zsed the ::iaier rights of the middle lagoon to the YFKA for recreational pu.[-;>c,.<!ds* In 1963, the City SO;::? %iiw ago, ::.;>? 5551 ease expired. A new sublease was prepared in August of ]9{]2, Tho L- ;in,.. ~--~mfit has gone through extensive review by the Parks p! ' Re- L-, t.-'> tion on - Co:;st5;r;icr; and the YMCA Goard of Directors. bth parties have noiv zi:;ri7ed as ti\ .:3infent and are prepared to recommend approval. 3. If the City wants to use ths V4CA propert:/ for recreational purposes, .they I-:,? ;I,:,.>L L 2ay the same rate that is charged to YMCA groups from .Play i (3 - Cctaber 15 (prime time). the u-<.tc! ?or the use of the facil i ty is ha1 f the cost. Throughout the rest cf the year If tv :;.i:-i :;.I:;;* sore expenses when making reservations uti1 izing tne YI?C.E! land and mc2r: a; 5. . .; 2, Sublease Letween the City of Csrlsbad and the FIorth Coast Fmi ly YMCA, - 1 2 3 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. 7270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAC AND THE NORTH COAST FAMILY YOUNG MEN'S TIONAL PROGRAM ON THE MIDDLE PORTION OF AGUA HEDIONDA LAGOON AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. CHRISTIAN ASSOCIATION TO CONDUCT A RECREA- The City Council of the City of Carlsbad, California does hereby resolve as fol lows : 1. That certain sublease between the City of Carlsbad and the North Coast Family YMCA to conduct a recreational program in the middle portion of Agua Hedionda Lagoon, a copy of which is attached hereto marked "Exhibit A" and made a part hereof is approved. 2. That the mayor of the City of Carlsbad is hereby authorized and directed to create said agreement for and on behalf of the City of Carl s bad. PASSED, APPROVED AND ADOPTED at regular meeting of the City Council of the City of Carlsbad, California, held on the 2nd day of August , 1983, by the following vote, to wit: AYES: NOES: None Council Wmbers Casler, Levis, Kulchin, Chick and Prescott ATTEST : ;&& ALETt A L. RAUTE KRA Ci t.y ,@erk KAEf4' R. KUNDTZ, Deputy CiifClerk (SEAL) ? EXHIBIT 1 A ' SUBLEASE Exhibit A THIS SUBLEASE, made and entered into as of' ¶ by and between CITY OF CARLSBAD, a municipal corporation ("SublessorN) and North Coast Family YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation ("Sub1 essee") . WITNESSETH: WHEREAS, Sublessor is the lessee of that certain real property of Rancho .. Aqua Hedionda Middle Lagoon 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 conditions 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. Use. - 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 conipetent and cffective supervision of agents, servants, and employees of Sublessee. Sublessee sliall not use the Property for any commercial or business venture. Sublessee's use of the water, shall be non-exclusive. /I/ Exhibit 3 , 3.'- Term. The initial term of this Sublease sh?ll 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 other written notice at least sixty (60) days prior to the end of the initial term or any successive term that the Sublease is to terminate at the end of such term. may terminate this agreement at any time by giving ninety (90) days prior notice Notwithstanding anything to the contrary in this paragraph, either party -. to the other. 4. 'Rent. Sublessee agrees to pay to Sublessor the sum of ONE DOLLAR ($l.OG) 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. Sublessee shall have the right, subject to the approval of San Diego Gas & Electric Company and City of Carlsbad, to construct and repair any recrea- tional ly related improvement upon the Property, including, but not limited to, a combined boat and fishing pier. Sublessee agrees to keep the Property free arid clear of any and all liens at all times. 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 improvenients which may have theretofore been erected or constructed on the Property by Sublessee. The removal thereof shall be accomplished within sixty (GO) days from and after the date of expiration or termination of this Sublease. . -. , . . .. -. . - - . . . .. . ' ,6. 'Subordination. This Sublesse is subordinate to that certain written lease between 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 April 1, 1962, a copy of which Amendment is attached hereto, marked Exhibit "C" and incorporated herein by reference. 7.' Waste: Sublessee shall 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, the County 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 the tides, the flow of waters, and other causes not under the control of either party, subsurface obstructions, shoals, bars, and other potential iy dangerous conditions may develop from time to time .in and under the surface of the waters contiguous to the Property and Sub1 essee , its agents, servants, employees, permittees , certain 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 conditions, and Sublessee and such persons specifically releilse and hold Sublessor hsrniless from and against any and all claiiiis, demands, and liabilities for damages or injuries occasioned by or r(!sultinrJ froni such subsurface conditions. This release l's in addition to such ottw rclcasc I9 I L . . .I -_ ... . ._- 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 Sublessee is 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 c 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 allows the City of Carlsbad Parks and Recreation Department ("Parks") to use the Property, the following provisions and conditions shall apply: (a) Fees. During primc-tirne months (as hereinafter defined) Parks shal l be charged the same rate charged to YMCA Groups for use of the "Property". non-prime time n:onths (as hereinafter defined) Parks shall be charged one-half During (1/2) of the prime-time rate for use of the Property. "Prime Time" as 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. "Noti-priiiie tinie" as hereinabove used shall include all months , days, and times which are not prime time. (b) Lifeguards. Sublessee shall not require Parks to employ Sublessee's lifeguards If, but only if , Parks ' 1 ifeguards coinplcte Sublessee's orientation prograrn 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 reserve dates for use of the Property up to one (1) 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 herecf. 14. Indemnity. r 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 Sub1 essee, its employees, agents, 1 icensees, 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 constitutes active negl igcnce (whether direct, vicarious , or imputed) on behalf of Sublessor, its employees, or its agents. 15. Attorneys ' Fees. In the event either party shall be required to corfimence any action or proceeding against the other by reason of any breach or claimed breach of any provision of 'this Sublease, to comnience any action in any way connected with this Sublease, or to seek a judicial declaration of rights hereunder, the person ye- vailiny in such action or proceeding shall be entitled to recover from the other person or to be reinibuscd the prevailing person's actual attorneys' fees and costs including, but not limited to, expert witness fees, witness fees, and any and all other fees and costs, wticthcr or not the proceeding or action proceeds ' to judgntent. /5/ 16. Consbruc II ion. 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 andneuter, the feminine gender shall include the masculine and neuter, and the neuter gender shall include the mascul i ne and f enii nine. 17. Headings and Captions. The headiqs and captions at the beginning of the various paragraphs and subparagraphs of this Sublease shall not he 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 SUBLESSEE: 200 Saxony Road Carlsbad, California 92Q08 Encinitas, California 92024 or such other place as the parties may designate. . IN WJTNESS WHEREOF, the parties hereto have caused this Sublease to be executed for and ot? 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 BY' Mayor Attest: C1 erk SUBLESSEE: . NORTH COAST FRIILY YOUNG HEN'S CHRISTIAN ASSOCIATION, a non-profi t corporation Bv Attest: Secretary The undersigned hereby consents to the foregoing Sublease. SAN DTEGO GAS & ELECTRIC COMPANY, a corporation President Attest: Secretary /7/ 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 SUB LEAS E This Memorandum of Sublease is made as of 9 1983, by an between CITY OF CARLSBAD, a municipal corporation ("Sublessor") and NORTH COAST concerning that Carlsbad, State attached hereto 'I FfiirlILY YOUNG MEN'S CHRISTIAN ASSOCIATION ("Sublessee"), certain real property (the "Property" located in the City of of California, and more particularly described on Exhibit "A" and incorporated herein by this reference. For good 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 (10) years, commencing 9 1983, and terminating on successive five (5) year extensions, unless either party gives the other written ,.19!23, subject to three (3) notice at least sixty (60) days prior to the end of the. initial term or any successive term that the Sublease is to terminate at the end of such term. Notwithstanding anything to the contrary in this paragraph, either party niay terminate this agreement at any time by giving ninety (90) days prior notice to the other. # This meinorandurn is not a complete sunmary of the Sublease. Provisions in this Mcmorandum shall not bc used in interpreting the Sublease provisions. In the event of conflict between this Menioranduiii and othcr parts of the Sublease, the other parts of the Sublease shall control. J . Executed on the date first written above. SUBLESSOR : CITY OF CARLSBAD a municipal corporation . .. .. Bv ' Attest: .. . Mayor t C1 erk SUBLESSEE : NORTH COAST FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profi t corporation .. Bv ' Attest: Secret a ry STATE OF CALIFORNIA 1. COUNTY OF 1 ss. 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 known to me to be the person whose name is subscribed to the within instrunlent and acknowledged that - he executed the same on behalf of the City'of Carlshad, known to me to be the person who executed the within instrument .on behalf of the corporation therin named and acknowledged that such corporation executed the within instrument pursuant to its charter. WITNESS my hand and official seal. NOTARY PURL IC STATE OF CALIFORNIA 1 COUNTY OF 1 ) ss. e On 7 , before me, the undersigned, a Notary Public in and for said State, personally appeared known to ne to be the 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 nie that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal, NOTARY PUBLIC LEGAL DESCRIPTION OF MIDDLE LAGOON WATERS OWNED BY $AN DIEGO GAS & ELECTRIC COlWANY 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: Corngencing 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 distanceoof 1014.32 feet; thence leaving said Northeasterly lioe of Lot "H", South 30 48' East, a distance of 238.36 feet; thence South 76 46' East, a distance of 931,69 feet to a point of intersection with the Westerly right of way line of the Atchison, Topeka & Santa Fe Railway Company as said right of way is described in a Deed recorded Septembero13, 1948, in Book 2944 at Fage 76 of said Official Records; thence South 83 33' 25" East, a distance of 167.89 feet to the VUE TOINT OF BEGINNING; thence from said TRUE POINT OF B&GINNING, North 26 56' 40" West, a distance of 210.40 fee&; thence North 62 39' 20" East, a distance of 327651 feet; thence South 26 56' 40" East, a distance of 208.78 f6ct; thence South 53 40' 50" Nest, a distance of 257.37 fget; thence South 57 11' 50" Nest, 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 !.lean Sea level, United States Geological Survey Datum. .. EXHIBIT "A" ! c . . .. - - . . . . . ._. . . __ March 4, 1957, lease between San Diego Gas & Electric Company (as Lessor) and City of Carlsbad (as Lessee) to be provided by Sublessor. ! EX tl I B I T " B" .. - J April 1, 1962, Amendment to Lease between San Diego Gas & Electric Company (as Lessor) and City of Carlsbad (as Lessee) to be provided by Sub1 essor. EXHIBIT "C" .. "