HomeMy WebLinkAbout1983-08-02; City Council; 7455; Lease of snack bar at Chase Softball Fieldn w > 0 fx e 2
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-- AB# 79a 5 TITLE: LEASE OF SNACK BAR AT MTG. 8-2-83 CHASE SOFTBALL FIELD
DEPT. P & R CITY MGR.~Z~-
RECOMMENDED ACTION:
approving the 1 ease between the Bar at Chase Softball Field. City of Carlsbad and Denise Nicol City Council adopt Resolution No.
ITEM ’ EXPLANATION
In order to maximize the use and generate additional funds during the off
season, the Department of Parks & Recreation, on a trial basis, has contracted
with an individual to lease the Chase Fie1 d snack bar.
Highlights of the lease are outlined below:
1. The term of the lease will be from July 19 to December 31 ,
1983 with a possible extension to February 29, 1983.
2. The City will receive $100 per month in rent.
3. Various food and drinks will be sold, except for alcoholic
beverages which will not be allowed. This will include candy
bars, popcorn, soft drinks, hot dogs, and nachos.
4. Lessee will carry liability insurance in the amount of $500,000.
5. Lessee will operate the snack bar when the department schedules
softball games, tournaments, and special events during the hours
of 6-9 PI!, Monday - Friday or from 10 AM - 5 PM on Saturday and
Sunday.
The lease will not conflict with the schedule of Little League.
PARKS AND RECREATION COMIvIISSION
At their meeting on July 18, 1983, the Parks and Recreation Commission voted
to approve the lease.
FISCAL IMPACT
$600-$800 will be generated which will be deposited in the General Fund.
EXH I B ITS
1. Resolution No. 730 ./
2. Lease Agreement between City and Denise Nicol
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7 304 - RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LEASE BETWEEN THE CITY OF CARLSBAD AND DENISE NICOL TO CONDUCT A SNACK BAR
AT CHASE SOFTBALL FIELD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Carlsbad, Calif rnia d,?s hereby
resolve as follows:
1. That certain lease between the City of Carlsbad and Denise
Nicol to open a Snack Bar at Chase Softball Field, a copy of which is
attached hereto marked "Exhibit A" and made a part hereof is approved.
That the mayor of the City of Carlsbad is hereby authorized 2.
and directed to create said lease for and on behalf of the City of
Carl sbad.
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:
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AYES:
NOES: None
Council l&?mkrs Casler, Lewis, Kulchin, Chick and Prescott
ABSENT: None
ATTEST :
EXHIBIT 1
LEASE
THIS LEASE, made and entered iiito this of , 1983, by and between the City of Carlsbad, a
municipal corporation, hereinafter referred to as "City" and.
Denise Nicol of Carlsbad, California, hereinafter referred to as
"Lessee".
WITNESSETH
WHEREAS, the parties hereto desire to enter into a
lease of the snack bar facilities located at Chase Softball
Field, 3400 Harding Street, Carlsbad, California.
NOW, THEREFORE, it is agreed as follows:
1. The term of the lease shall be from July 20, 1983 to
December 31, 1983. Lessee may operate the snack bar when the
department schedules softball games, tournaments, and special
events, during the hours of 6:OO - 9:00 p.m., Monday - Friday
and 1O:OO a.m. - 5:OO p.m. on Saturday and Holidays. The City
or Lessee can terminate the lease by giving the other party
thirty (30) days prior written notice.
2. The Lessee shall pay to the City One Hundred Dollars
($100.00) per month. The rent shall be due and payable in
advance upon the fifteenth (15th) day of each month.
3. The premises hereby leased shall be used for the purpose of
conducting a food stand type business serving the general
public. No alcoholic beverages can be served. A health permit
must be obtained if required by law. The City will issue a key
for the rest rooms to the Lessee. The rest rooms can be opened
for public use while the Lessee is operating the facility.
4. All signs relating to said business are to conform with City
Codes and are to be approved by the City Planning Department. .
5. City shall pay for all utilities furnished to said buildi.ng.
A telephone can be added at the expense of the Lessee.
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6. Lessee agrees to maintain the leased premises in as good a
condition as said premises were when first occupied by Lessee
subject only to ordinary wear and usage. Lessee agrees to
maintain the facility in a safe, clean, and sanitary condition
to the complete satisfaction of the Parks and Recreation
Department and in compliance with all applicable law.
Lessee further agrees to provide proper containers for trash and
garbage and to keep the premises free and clear of rubbish and
litter during operation of the facility. City shall have the
right to enter upon and inspect the premises at any time for
cleanliness and safety. City agrees to maintain the roof and
the exterior of the building on the premises. Lessee shall
maintain the interior of said building including all pointed
surfaces, plumbing, electrical and other utility facilties or
equipment.
7. Lessee shall not assign this lease, or any interest therein,
and shall not sublet the said premises or any part thereof, or
any right or privilege thereto, or suffer any other person to
occupy or use said premises, or any portion thereof, without the
written consent of the City. Any such assignment or subletting
without such consent shall be void, and shall, at the option of
. the city, terminate this lease.
8. If Lessee holds over the expiration of this lease for any
cause such holding over shall be deemed to be tenancy from month
to month only at the same rental per month and upon the same
terms, restrictions and provisions as herein contained. This
lease, however, shall riot be extended past February 29, 1984.
9. Lessee shall not make any alterations to the premises without
Cityls consent. Any alterations made shall remain on and be
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suerrendered with the premises on expiration or termination of the
term, except that City can elect within thirty (30) days before
the expiration of the term, or within five (5) days after
expiration of the term, to require Lessee to remove any
alterations that Lessee has made to the premises. If City so
elects, Lessee at its cost, shall restore the premises last day
of the term, or within thirty (30) days after notice of election
is given.
10. Insofar as it is legally authorized and pursuant to
Government Code Section 895-4, the Lessee shall hold free and
harmless the City, members of the City Council, boards or
commissions, its employees, officers and agents, while acting as
such, froin all claims, loss, damages, costs, expenses or
liability which may arise by reason of liability imposed by law
because of injury to property or injury to or death of persons,
received or suffered by reasons of any defective or dangerous
condition of any ground, site, building, equipment, play areas,
recreation facilities or other improvement located on the
premises leased by Lessee.
. 11. Lessee agrees to take out and maintain at its expense
liability insurance to protect against City's liabilities and
for damages on account of bodily injury, including death
resulting therefrom, suffered or alleged to be suffered by any
person or persons whatsoever resulting directly or indirectly
from any act or activities of City or any person acting for City
or under City's control or direction, and also to protect
against loss from liability for damages to any property of any
person directly or indirectly by or from acts or activities of
any person acting for City or under City's control or direction.
Such insurance shall be maintained in Eull force arid effect
during the entire term of this agreement in amount of not less
than five hundred thousand dollars ($500,000) €or each occurrence.
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IN WITNESS WHEREOF, the parties have executed this lease on
the day and year written above.
DENISE NICOL, Lessee
By:
APPROVED AS TO FORM:
VINCENT R. BIONDO, JR.
City Attorney
CITY OF CARLSBAD
By:
ATTEST:
ALETHA L. RAUTENKRANZ ,
City Clerk
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