HomeMy WebLinkAbout1984-05-01; City Council; 7742; Lease Agreement and Use Agreement., , ' - 1c/ 'a 4 -
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RESEARCH CENTER. CITY MOR.&
CITY ATTY.a LEASE AGREEMENT AND llSE AGREEVENT
FOR PROPERTY FROM THE CARLSBAD
TITLE:
RECOMMENDED ACTION:
City Couricil approve the lease agreement between the City and the Carlsbad
Research Center allowing the City or its designee to construct a temD0rar.y
softball facility on property owned by the Carlsbad Research Center; and
City Council approv? the agreement between the City and the rarlshad Athletic
Recreation Association for C.A.R.A.'s use of the property leased from the
Carlsbad Research Center for youth softball and baseball aames.
ITEM EXPLANATION :
C.A.R.A. is the newly formed organization that is comprised of youth and
adult sports groups.
fields. Currently, durinmgkthe heavy use playing season in March - July,
there are 296 teams playing on only seven fields in Carlsbad.
This organization is desperately in need of playing
In order to begin alleviating this problem, the Carlsbad Research Center
has offerred to allow C.A.R.A. to use five acres of their facility on a temporary bas i s .
Two agreements have been prepared for your review.
with the Carlsbad Research Center and second is the use ?.greement with C.P..
Highlights of the two documents are:
The 'first is the lease .A.
1. The property is to be leased for only youth softball and baseball flames.
2. C.A.R.A. will install temporary backstops.
3. The lease can be terminated at any time by the Center or the City.
4. The hours of use are from 4:30 p.m. until dusk, Monday through Frida-y,
and on weekends from 8:OO a.m. to dusk,
5. C.A.R.A. will provide portable toilets at the site and will be responsible
for maintenance.
6. City will furnish the trash cans and empty them on a regular basis.
7. Any youth organization that uses the facility must have 1iabilit.y insurance
of $500,000.
FISCAL IMPACT:
City maintenance costs will be approximately $40 per week.
EXHIBITS :
1. Resolution No. 7S7 3
3.
4. Use Agreement with C.A.R.A.
2. Resolution No. 7'59 v
Lease Agreement with Carlsbad Research Center
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RESOLUTION NO. 7593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD RESEARCH CENTER TO CONSTRUCT A TEMPORARY SOFTBALL
FACILITY AT LOT 18 AND 19 OF THE RESEARCH CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Carlsbad, California, does hereby
resolve as follows:
1. That certain agreement between the City of Carlsbad and the
Carlsbad Research Center to lease property on a temporary basis, a copy
which is attached hereto marked Exhibit "A" and made a part hereof, is
hereby approved.
2. That the Mayor of the City of Carlsbad is hereby authorized
and directed to execute said agreement for and on behalf of the City of
Carl s bad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
, 1984, of the City of Carlsbad, California, held on the day of
by the following vote, to wit:
AYES :
NOES :
ABSENT:
NARY H. CAS/ ER, Mayor
ATTEST :
(SEAL)
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RESOLUTION NO. 7594
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD
ATHLETIC RECREATION ASSOCIATION FOR USE OF
PROPERTY LEASED FROM THE CARLSBAD RESEARCH
CENTER AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT.
The City Council of the City of Carlsbad, California, does hereby
resolve as follows:
1. That certain agreement between the City of Carlsbad and the
Carlsbad Athletic Recreation Association for use of property leased from
the Carlsbad Research Center, a copy of which is attached hereto marked
Exhibit "A" and made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby authorized
and directed to execute said agreement for and on behalf of the City of
Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the - day of , 1984,
by the following vote, to wit:
AYES :
NOES :
ABSENT:
MARY H. CAWER, Mayor
ATTEST:
d&60 i?L ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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LEASE AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND THE CARLSBAD RESEARCH CENTER
TO CONSTRUCT A TEMPORARY SOFTBALL FACILITY
AT LOT 18 AND 19.OF THE RESEARCH CENTER.
THIS AGREEMENT is made and entered into this - day of ?
1984 by and between the City of Carlsbad, a municipal corporation, hereinafter
referred to as the "City" and the Carlsbad Research Center, a California General
Partnership, hereinafter referred to as the "Center".
WITNESSETH:
WHEREAS, in order to promote and provide for the health and general welfare
of the people of Carlsbad and to cultivate the development of good citizenship
by an adequate program of community recreation for youth, the parties hereto
desire to enter into an agreement to provide a practice softball and baseball
fields for the youth of our community; and
WHEREAS, the property leased by this agreement in which temporary facilities
will be constructed is located in the Carlsbad Research Center adjacent to
Pascal Court, Lot 18 and 19 of Map No. 10330.
NOW, THEREFORE, THE CITY AND THE CENTER agree as follows:
1. Center leases to the City for the non-exclusive use of property on the
terms and provisions hereinafter set forth.
2. Property leased for the purpose of providing practice fields only for
youth softball and baseball leaques.
3. City or its designee will install temporary wooden backstops which will
be removed within 10 days of the termination notice or upon early termination of
this agreement.
4. This lease shall terminate on July 21, 1984 and can be renewed by
mutual agreement for five (5) years unless the Center or City notifies the other
party with 2 weeks prior written notice at any time that a termination is
desired. However, the Center or City can immediately terminate this lease for
any reason.
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5. City shall pay to Center ds rental the sum of One Dollar ($1.00) per
the term of this agreement.
6.
premises, or any nuisance, or any other act or thing which may disturb the
businesses adjacent to where the demised premises are located.
will be cleaned up after each practice game by the City's designee,
City shall not commit or suffer to be committed any waste upon the said
The property
7. City can use the facility Monday - Friday from 4:30 p.m. - dusk, and on
The City will be responsible for scheduling the weekends from 8:OO a.m. - dusk.
facility.
0. City, or its designee, will provide portable toilets and trash cans at
the said site, and maintain these items on a regular basis.
9. City shall not assign its interest under the lease or any interest
therein and shall not sublet property, or any part thereof without prior written
consent of Center .
10. City, or its designee, will be responsible for the maintenance of the
fields and the surrounding area.
11. The Center will grade the said property prior to use by the City. All
grading must have prior approval by the Center.
12. Insofar as it is leqally authorized, City shall hold free and harmless
Center, members of the Board of Directors, its employees, officers and agents
while acting as such, from all claims, loss, expenses or liability which may
arise by reason of liability imposed by law because of injury to property or
injury to or death of person, received or suffered by reason or any defective or
dangerous condition on any ground, site, equipment, or other improvements
located on the premises owned or maintained by the Center,
Insofar as it is legally authorized, Center shall hold free and harmless
City, members of City Council, Roards or Commissions, its employees, officers,
costs, expenses or liability which may arise by reason of liability imposed by
law because of injury to or death of persons received or suffered by reason of
operation of the recreational programs upon said premises and, further, the City
shall be responsible for any and all damages to property caused as a direct
result of any recreational activiy being conducted on said premises by City.
13. City agrees to take out and maintain at its expense a self-insurance
program to protect against City's liabilities mentioned in paragraph 12 and for
damages on account of bodily injury, including death resulting theref rm,
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 to damages to any property of any person caused directly or
indirectly by or from acts or activities of any persons acting for City or under
City's control or direction. Such insurance shall be maintained in full force
and effect during the entire term of this agreement in aount of not less than
one million dollars ($1,000,000) for each occurrence.
IN WITNESS HEREOF, the parties have executed this agreement on the day and
year written above.
ATTEST : CITY OF CARLSBAD, A Municipal
Corporation of the State of California
ALETHA L. RAUTENKRANZ WRY CASLER, Mayor
City Clerk
CARLSBAD RESEARCH CENTER
BRUCE MAYTON
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD ATHLETIC RECREATION ASSOCIATION
FOR THE USE OF THE TEMPORARY SOFTBALL FACILITY
AT LOT 18 AND 19 OF THE CARLSBAD RESEARCH CENTER
This agreement is made and entered into this day of
1984, by and between the City of Carlsbad, a municipal corporation,
hereinafter referred to as "City" and the Carlsbad Athletic Recreation
Association, a non-profit corporation, hereinafter referred to as
"C . A. R . A. 'I .
WITNESSETH:
WHEREAS, the City provides athletic fields for the youth of our
community; and
WHEREAS, the C.A.R.A. organization is composed of all the youth
leagues in Carlsbad; and
WHEREAS, the City has leased Lot 18 and 19 of Map No. 10330 from
the Carlsbad Research Center to provide a temporary athletic facility
for C. A. R .A.
NOW, THEREFORE the City and C.A.R.A. agree as follows:
1. C.A.R.A. can use the facility Monday - Friday from 4:30 P.M. -
dusk, on week-ends from 5:OO A.M. - dusk. The City will be responsible
for scheduling the facility.
2. C.A.R.A. will install the temporary wooden backstop which will
be removed at C.A.R.A.'s expense when the agreement expires.
3. C.A.R.A. will be responsible for the maintenance of the field
and the surrounding area to the satisfaction of the Parks and
Recreation Director.
4. The City will provide trash cans at the site. C.A.R.A will
provide portable toilets on the property, and will be responsible for
their maintenance.
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5. The agreement will automatically end when the lease between
--rlsbad Research Center and the City terminates. The City or the
. isbad Research Center can terminate this agreement at any time.
6. Insofar as it is legally authorized, C.A.R.A. shall hold free
harmless City, members of City Council, Boards or Commissions, its
koyees, officers, costs,.expenses or liability which may arise by
-son of liability imposed by law because of injury to or death of
-sons received or suffered because of injury to property or injury to
death of person, received or suffered by reason or any defective or
-3erous condition on any ground, site, equipment, or other
-- -rovements located on the premises leased by the City and by reason
operation of the recreational programs upon said premises and,
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----:her, the C.A.R.A. shall be responsibile for any and all damages to
Derty caused as a direct result of any recreational activity being
ducted on said premises by C.A.R.A.
7. Any youth organization that is a member of C.A.R.A. that plans
use the softball facility must take out and maintain at its own
ense an insurance program to protect against C.A.R.A.'s liabilities
rioned in paragraph 6 and for damages on account of bodily injury
-iuding death resulting therefrom suffered or alleged to be suffered
any person or persons whatsoever resulting directly or indirectly
- any act or activities of C.A.R.A. or under C.A.R.A.'s control or
-ection, and also to protect against loss from liability to damages
any property of any person caused directly or indirectly by or from
- or activities of any person acting for C.A.R.A. or under
.R.A.'s control or direction. Such insurance shall be maintained in
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full force and effect during the entire term of this agreement in amount of
not less than five hundred thousand dollars ($500,000) for each occurance.
The City of Carlsbad must be listed as additionally insured on the
policy.
IN WITNESS WHEREOF, the parties have executed this agreement on the day
and year written above.
ATTEST: CITY OF CARLSBAD, A Municipal
Corporation of the State of California
ALETHA L. RAUTENKRANZ MARY CASLER, Mayor
City Clerk
CARLSBAO ATHLETIC RECREATION ASSOCIATION
GREG NELSON, Chairman
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