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Home My WebLink About1985-01-22; City Council; 7742-1; Lease Agreement with Carlsbad Research Center\BW 77q 3 -*/ ~TQ. 1/22/85 P&R IEPT. City Council adopt Resolution No. 7m extending the lease agreement with the Carlsbad Research Center for the construction of temporary softball facilities on the property owned by the Carlsbad Research Center. TITLE: LEASE AGREEMENT WITH CARLSBAD RESEARCH CENTER CITY MOR..&K. *. ITEM EXPLANATION Last May the Carlsbad Research Center allowed the City to lease five acres of their property on a temporary basis. the Carlsbad Athletic Recreation Association organizations for youth softball and baseball games. This area was used by several of The lease expired in July, but according to the agreement can be extended by mutual consent. Carlsbad Research Center will agree to the extension when they receive the letter from the City. This can be done by a letter from both parties. The FISCAL IMPACT City maintenance costswill be approximately $40 per week. EXHI B ITS 1. Resolution No. Yfr? 2. Letter to Carlsbad Research Center 3. Lease Agreement with Carlsbad Research Center F I 1 2 3 4 5 6 7 8 9 13 14 l€ 17 1E 15 21 22 2: 24 2: 2f 27 2€ RESOLUTION NO. 7889 A RESOLUTION OF THE CITY COUNCIL OF THE CITY CARLSBAD, CALIFORNIA, APPROVING EXTENSION OF 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 EXTENSION 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, is extended for five years a copy of the extension letter which is attached hereto marked Exhibit "A" and is on file in the City clerk's office, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said extension 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 22nd day of January , 1985, by the following vote, to wit: AYES: Council Casler, Lewis, Kulchin, Chick and Pettine NOES: Mnc? ABSENT : None +JL MARY H. Q SLER, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Cle 1200 ELM AVENUE CARLSBAD, CA B20O8-1~ OfllCO Of IhO M8yOr TELEPHONE (619) 438-5599 January 22, 1985 Mr. Bernie Fipp Koll Company 7330 Engineer Road San Diego, Ca 92111 LEASE OF LOTS 18 AND 19 AT CARSLBAD RESEARCH CENTER The City of Carlsbad has approved the extension for five years of the lease agreement between the City of Carlsbad and the Carlsbad Research Center for Lots 18 and 19 of the Research Center.. The property will be used to construct a temporary softball facility for youth softball and baseball games. Section 4 of the agreement states: "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 thatatermination is desired. However, the Center or City can immediately terminate this lease for any reason." Attached is a copy of the agreement dated May 17, 1984. Please indicate your approval of this extension by signing the letter in the place provided below and returning the letter to the City Clerk in the enclosed addressed and stamped envelope. Since rely , Mary H. cdsler Mayor, City of Carlsbad MBP:vf Attachments Approved: Koll Company by Bernie Fipp LEASE AGREEMENT BETWEEN THE CITY CF CARLSBAD AND THE CARLSEAD RESEARCH ENTER TO CONSTRUCT A TEMPORARY SOFTBALL FACILITY AT LOT 18 AND 19 OF THE RESEARCH CENTER. THIS AGREEMENT is made and entered into this 17 day of Mbv ? 1984 by and between the City of Carlsbad, a municipal corporation, hereinafter referred to ds the "City" and the Carlsbad Research Center, a California General Partnership, hereinafter referred to as the "Center". W I T N E S S E T H: 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 WEREAS, the property leased by this agreement in *ich 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 ENTER 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. 4 -2- 5. City shall pay to Center as rental the sum of One Dollar ($1.00) per the term of this agreement. 6. City shall not commit or suffer to be committed any waste upon the said premises, or any nuisance, or any other act or thing which may disturb the businesses adjacent to where the demised premises are located. The property will be cleaned up after each practice game by the City's designee. 7. City can use the facility Monday - Friday from 4:30 p.m. - dusk, and on weekends from 8:OO a.m. - dusk. The City will be responsible for scheduling the f ac i 1 it y . 8. 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 actinq 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, 5- c03-s, 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 actlviy 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 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 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 amount of not less than one million dollars ($1,000,000) for each occurrence, IN WITNESS WEREOF, the parties have executed this agreement on the day and year written above. ATTEST: CITY OF CARLSRAD, A Municipal Corporation of the State of California ALETHA L. RAUTENKRANZ I WRY CASLERJ Mayor City Clerk CARLSEMD RESEARCH CENTER