HomeMy WebLinkAbout1993-01-05; City Council; 12016; TRANSFER OF OWNERSHIP OF CITY PUBLIC PARKING LOT LAND LEASES AND PIPE LINE LICENSES FROM ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD-x
Adopt Resolution No. 93- &
Carlsbad Public Parking Lot Land Leases No. 57016, No. 68228, No. 150082, No. 175533, and
No. 1791 69, and Pipe Line Licenses No. 066359 and No. 150922, from the Atchison, Topeka 8
Santa Fe Railway Company to the North San Diego County Transit Development Board;
authorizing the Mayor to sign the Tenant Estoppel Certificates on behalf of the City.
ITEM EXPLANATION:
As part of the City’s efforts to provide public parking spaces in the downtown Village
Redevelopment Project Area, the City previously entered into five (05) Land Lease agreements
with the Atchison, Topeka & Santa Fe Railway Company (AT&SF) for lease of railway property for use as public parking lots. In addition to these Land Lease agreements, the City has two
(02) Pipe Line License agreements with AT&SF for use of railway property in the placement of
one eight-inch and one six-inch water line within the Redevelopment Project Area.
Pursuant to a Sales Agreement dated October 30, 1992, AT&SF sold a portion of its property
referred to as the Santa Fe San Diego Subdivision corridor to the North San Diego County
Transit Development Board (NCTDB). This action was taken as part of the proposed
development of a Commuter Rail System, portions of which include property within the Santa Fc
San Diego Subdivison corridor.
The City’s public parking lot and water line properties covered by these agreements with AT&SI
are located within the Santa Fe San Diego Subdivision corridor sold to NCTDB. In this regard
AT&SF and NCTDB are requesting the City’s signature on appropriate Tenant Estoppel
Certificates affecting each of the leases and licenses. The Tenant Estoppel Certificates act as
certification of the lease amounts to be paid by the City for use of the properties, and
acknowledging the transfer of ownership of City of
There are no changes to the terms and conditions of the Land Leases and Pipe Line License
as a result of the sale of these properties. However, should the NCTDB conduct a review ani
analysis of current leased property values, the result could be an adjustment to the annual leas
payments paid by the City.
There is no fiscal impact as a result of this action.
The Carlsbad Redevelopment Agency funds the annual payments on both of the public parkin
lot Land Leases and water line Pipe Line Licenses. Since the terms and conditions of the Lanl
Leases and Pipe Line Licenses remain the same, there is no increase in the amount of lease
payments made by the Agency on these properties. Total annual lease payments paid by th Agency to AT&SF is $35,282.46. A summary of the total annual payments pursuant to these
agreements is outlined in attached Exhibit #2.
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EXHl BITS:
1. Resolution No. 93-a and attached Tenant Estoppel Certificates (Exhibits "A"
through"G"). (Exhibits A through G are on file in the City Clerk's office.)
Document titled "Property & Parking Lot Lease Report - PI 1991 -92'' dated December 5
1992, on file in the Housing and Redevelopment Department.
2.
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RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACKNOWLEDGING THE TRANSFER OF OWNERSHIP OF CITY PUBLIC PARKING LOT LAND LEASES NO. 57016, NO. 68228,
NO. 150082, NO. 175533 AND NO. 179169, AND PIPE LINE LICENSES NO. 66359 AND NO. 150922, FROM ATCHISON, TOPEKA
AND SANTA FE RAILWAY COMPANY TO NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD, AND AUTHORIZING THE MAYOR TO SIGN TENANT ESTOPPEL CERTIFICATES ON BEHALF OF THE CITY
WHEREAS, the City of Carlsbad has entered into Land Lease
agreements with the Atchison, Topeka & Santa Fe Railway
Company for lease of railway property for City use as public
parking lots within the downtown Village Redevelopment Project
Area; and
WHEREAS, the City of Carlsbad has entered into Pipe Line
License agreements with the Atchison, Topeka & Santa Fe
Railway Company (AT&SF) for lease of railway property for use
in the placement of one (01) eight-inch water line and one
(01) six-inch water line within the Redevelopment Project
Area; and
WHEREAS, pursuant to a Sales Agreement dated October 30,
1992, the Atchison, Topeka & Santa Fe Railway Company sold a
portion of its property referred to as the Santa Fe San Diego
Subdivision corridor within San Diego County to the North San
Diego County Transit Development Board (NCTDB); and
WHEREAS, the City's Land Leases and Pipe Line Licenses
with AT&SF involve property located within the Santa Fe San
Diego Subdivision corridor which was sold to NCTDB; and
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WHEREAS, the Atchison, Topeka & Santa Fe Railway Company
and the North San Diego County Transit Development Board are
requesting the City's signature on Tenant Estoppel
Certificates which will certify the City's acknowledgement of
the transfer of property ownership and agreement to the terms
and conditions of said ayreements,
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City
Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby acknowledges the transfer of
ownership of property described in Land Leases No. 57016,
No. 68228, No. 150082, No. 175533 and No. 179169, and
property described in Pipe Line Licenses No. 66359 and
No. 150922, from the Atchison, Topeka & Santa Fe Railway
company to the North San Dieyo County Transit Development
Board.
3. That the City Council hereby certifies the terms and
conditions of said Land Leases and Pipe Line Licenses.
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4. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said Tenant Estoppel
Certificates, copies of which are attached as EXHIBITS
#*A#* through ll~gt and incorporated herein by reference, 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 5th day of JANUARY , 1993, by the following vote, to
wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST :
&/ ALETHA L. RAUT
(SEAL)
3 0 0
T
January 4, 1993
TO: DEPUTY CITY CLERK
FROM: Senior Management Analyst
SEPARATION AGREEMENT - CDBG URBAN COUNTY REHABLITATION LOAN
PROGRAM
Attached are two (02) originals of the Tenant Estoppel Certificates to be signed by the
Mayor relative to the transfer of ownership of railway property Erom Atchison, Topeka
& Santa Fe Railway Company to the North San Diego County Transit Development
Board. This item is scheduled for action by the City Council at its meeting of January
5, 1993.
The originals stamped "Santa Fe Original" of the signed Certificates must be forwarded
to the following address:
E.W. Iandreth, Dh-ector-Asset Management
The Atchison, Topeka & Santa Fe Mway Company
One Santa Fe Plaza
920 Southeast Quhcy Street
Topeka, Kansas 66612-1116
If you have any questions, please contact me at extension 2817.
T ou for your assistance.
CLINT PHILLIPS
Attachments
c: Housing and Redevelopment Director
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Lease No.: 150082
TENANT ESTOPPEL CERTIFICATE
The undersigned ("Tenant") hereby confirms, warrants and represents to North San Diego
1. Tenant is the lessee under that certain lease (the "Lease"), attached hereto as Exhibit A, between Tenant and the currently existing lessor under the Lease ("Landlord"),
covering the property (the "Leased Propertyt') described therein.
The Lease constitutes the complete and entire understanding between Landlord
and Tenant, and there are no other agreements, whether written or oral, between Landlord and
Tenant pertaining to the Leased Property. The Tenant has no options or other rights to purchase
or expand the Leased Property. Except as expressly provided in the Lease, Tenant has no rights to renew or extend the term of the Lease. The Lease may be terminated by either party upon
thirty (30) days' written notice. The Lease has not been amended, modified or supplemented
in any way and there have been no assignments of the Lease and no subleases under the Lease, except as follows:
None
3.
County Transit Development Board ("Purchaser") the following:
2.
To the knowledge of Tenant, Landlord is not in default under the Lease. Tenant is not in default under the Lease and Tenant is current in payment of any taxes, utilities,
common area maintenance payments, or other charges required to be paid under the Lease by
Tenant.
4.
5.
Tenant has no offsets or claims against Landlord.
Landlord has no unperformed obligations to provide to Tenant any work of any
kind relating to the Leased Property.
6. The current rent under the Lease (including escalations and all other charges) is
$975.00 (per month) and has been paid through December 15, 1992. No other prepaid rent has been paid to Landlord by Tenant. The security deposit paid under the Lease is $0.00.
The above statements are made upon the understanding that they are binding on the
Tenant and that the Purchaser will rely on them in connection with the purchase of the Leased
Property.
Dated this 6th day of JANUARY , 19 93 .
Its Mavor
estoppel. 239
i ,' --+.'a i { cwzzt idc.
c -- Pe----7 :3 4LllLti) Fe Ods$R
C-~~RCI~ LEAS Secretary. Tt.5 L. T ?. 5. F. Ry. 3. TQ?E{;~
e 3-
b t I - __ - -- -
THIS LEASE, made as af the 25th day of Mzy I 197 - 6 , between
THE ATC41S9Nj TOPEKA A" SANTb FZ R?iIL\c?-y CQMP?JY ra corporation
(hereinafter called "Lessor") ZTd CITY "F CXCLSBA-" I a Californiz MuT-icFpal
sorporation
(hereinafter called "Lessee") .
WITNESSETH: -----_-----
NOW, THEREFORE, in consideration of the mutual covenants and. conditions herein
contained, the parties hereto agree as follows:
1, TERY
Lessor hereby leases to Lessee for a term beginning on JUn2 15, 1976
-----------------^--________^ , and continuing thereafter on a month to month
basis until this, lease is terminated as hereinafter provided, subject toethe rights and easements hereinafter excepted and reserved and upon the terms and conditions herein- after set forth, the land @ existinp imgrovements (hereinafter called "Premises") situated , County of San Diego , State at or near Carlsbad
dated M2Y 17 , 1976 , marked "Exhibit A", at- tached hereto and made a part hereof.
Of Calif crnia - , as described or shown on print No. ~1 - 2Aool I
4
2 . XISTING F&CILITiZS
Lessor hereby excepts and reserves the right, to be exercised by Lessor and by
(1) Operate, maintain, renew and relocate any and all existing pipe, power and communication lines and appurtenances and other facilities of like character upon, over or under the surface of Premises; and
any others who have obtained or map obtain permission or authority froia Lessor so to do, to:
(2) Construct, operate, maintain, renew and relocate such additional faci-
lities of the same character as will not unreasonably interfere with
Lessee's use of Premises as specified in paragraph 7 hereof.
3. RENTAL
Lessee shall pay to Lessor as rental for use of Premises the sum of One
Eundred ------------------------------------------------------------ and ~o/100 Dollars
(S 100.00 ) Per Tonth t payable monthlv in advance
4. SECURITY DEPOSIT
Concurrently with the execution,of this lease Lessee shall pay to Lessor the sum
of waived ($ 1 as security for the full and faithful performance of every provision of this lease to be per- formed by Lessee. If Lessee defaults with respect to any provision hereof relating to the payment of rental or additional rental or the provisions of paragraph 20 (b) hereunder, Lessor may use, apply or retain all or any part of this security deposit for the payment of my such rent or any other sum in default, or for the payment of any bther amount which Lessc may spend or become obligated LO spend by reason of Lessee's default. If any-portion,of said deposit is so used or applied, Lessee shall within Ten (10) days after written demand
therefor deposit to Lessor in an amount sufficient to restore the security deposit to its original amount and Lessee's failure to do so shall be a material breach of this lease. Lessor shall not be required to keep the secuirty deposit separate from its general funds,
and Lessee shall not be entitled to interest on such deposit. If Lessee shall fully and
0 0 '.
L fsithfully perform each provisio?. of this lease to be performed by It =he securlzy deposit or any balance =?.ereof shall be returned to Lessee upon demand by Lzssee upon cr:,,inat-ion
0: this lease a?:i upon Lessee's -lacation of the Premises.
5. RENTAL ADJUSTMENT
(a) At any time after three (3) years from the effective dab hereof, and there-
after at intervels of not less than three (3) years, the rental specified in pzzagraph 3 s>.all be swject to revision up03 thirty (30) days' notice in writicq from Lesscr to
Lessee advising Lessee of such revision. Each such revision shall bl- besed on 5 fair ren- tal return of the markeC valbe of Premises at the time of revision giving due ccisidefation to use, location, streel frontage, size and all other applicable factors. Any r.3tice con- cerning such revision shall desipate the amount of the revised rentzl and the &te such
revised rental shall become effective.
(b) If Lessee pays ths rent specified in this lease or any mdificatisn thereto after written notice has been mailed by Lessor notifying Lessee that thf rent has been increased, even though Lessee may be making such payment after receiving a bill for
the lower amount, acceptance by Lessor of the lower amount shall not consittute 2 waiver by Lessor of the right to collect the higher amount.
6. TAXES
(a) During .the term OP this lease,.. Lessee shall pay ko .Lessor, in adELtion to the rental provided for' in paragraph 3'and within ten (10) days after receipt of bill therefor, all taxes and assessments which ziay be levied upon or assessed against or equit&ly charge- able to Prernikes, or which may be fairly apportionable to Premises, but includes in taxes or assessments against a larger ?,arcel of property of which Premises is a part. Lessee shall also promptly pay all taxes levied upon or assessed against its isprovemer,=s, fixtures personal property and operations on Premises.
(b) In addition to the taxes and assessments specified above, Lessee shall pay to Lessor any privilege, sales, gross income.or other *?X (not including Federal or State incom tax) 1 r ,sed upon the rentals rezaived by Lessor by any agency having tho_ authority so to do .- .
7. USE
Lessee shall use Premises exciusively as a site for
city employee .parking puz--poses
Lessee shall comply with all..laws, ordinances or regulations applicable to said nse, includi but not limited to building and zoning ordinances, restricting or regukating or prohibiting the occupancy, use or enjoyment of the Premi;ses. Failure of the Lessee to use ee Premises exclusively for such speci€ied p.xposes (s) dr to comply with such lzws, ordinanzas or regu- lations shall constitute a material breach of this lease and a valid besis for &kt exercise by Lessor of its right to terminrte this lease as provided in paragraph 23 hereof. Snould any governmental body having jurisdiction in the matter require Lessor io dediceze, restrict or otherwise encumber the Premisrs, or any adjoining property of Lessor 3s a coofition of the approval of Lessee's use of -L;e Premises, or in compliance with zny other goTernnenta1 regulation, Lessor may, if said candition is unacceptable to Lessor, te-inate -2is lease.
Lessee covenant5 to properly notify Lessor accordingly should any of the above Gccur.
8. CONDITION OF PREMISZS
Lessee has examined Premises and accepts the use and occupancy thereof with full knowledge of the physical condition and of the conditions, restrictions, encumbrzxes and
all matters of record relating to Premises.
9. ALTSRATIONS <
Lessee shall make no change or alteration in nor additions to Premises without first obtaining the written consent of Lessor.
10. MAINTENANCE OF PE,)LISES
Lessee shall keep and maintain the Premises and any and all buildings, structures utility lines, paving and all apFatenances thereto including personal property (hereinafter sometimes called "Lessee-Owned mrovements") in condition and repair sz-lisfactory to Lessor
and shall not cause or permit any waste or nuisance in, on or about Premises.
necessary repairs shall be made ak Lessee's expense and Lessee hereby waives all right to de repairs at the expense of Lessor.
Any and all
If Lessee fails to make repairs within fifteen (15)
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0 hta Fe Origi4 I I c;:rctzry, TI.2 A T. Z 2 s. R.;. CO. Ta~e a . I -_ 3 I -'7 &2 5k
SUPPLEMENTAL AGREEMENT, aade as i.i chis 19th day of lizy, 1981, ~sc~~~
TKE ATCHISON, TOPEKA AND SANTA FE GiLWAY COMPANY, a Delaware corporatior
hereinafter referred to as "Santa :ett, and CITY OF CWSBm, a ca?1iorni
municipal corporation, hereinafter, ---xther one party or more, referrea to 2
"Second Party" .
RE C I TAL s:
Santa Fe and Second Party are now parties to 2 contract dated May 25, 1976, Santa $'e'
Secretary's Contract No. 150082, together wic3 any and all modifications, supplement
and amezdnents thereto, being hereinafter referred to as "Original Contract", unde
which Second Party pays Santa Fe a compensation of $100.00 per month for the use of
portion of Santa Fe property at or near Czrlsbad, County of San Diego, State o
Californiz, as a site for City employe parking 3urposes.
The parties desire to modify the Original Contrzct as hereinafter provided.
A G R E Z ME N T:
It is atually agreed that, effective June 15, 1981, Paragraph 3 of the Origina *'
Contraci is he-- ~y changed to read, as follows:
"Lessee shall pay to Lessor on or before the first day of each per,iod of one mont
durizg the continuance of this contract as compensation for the use of the Premise
for such period the. sum of Two Hundred end No/100 Dollars ($200.00). Lessor ma
revise the amount of such monthly compensztion at any time after three years fro
June 15, 1981 and thereafter at intervals of not less than three (3) years up0
thir:y (30) days' notice in writing from Lessor to Lessee, and without affecting th
righc of either party hereto to terrninaic this contract at any time as nay b
proxeded elsewhere herein."
Also, Original Contract is further amended by t-2 addition of the following Paragr27h 33
I' 3 3. ZNVIRONMENT
yotwithstanding any other provision of this lease, Lessee shall comply with all
environmental statutes, ordinances, miss, regulations, orders and decisions
(hereinafter referred to as "Standards"), issued by Federal, State or local
governmental body-or agency establishsd thereby (hereinafter referred to as
"Authority"), relating to lessee,'^ use of the Premises. Lessee shall maintain
The premises in full compliance with all Standards set by any Authority,
including, but not limited to, Standarcis concerning air quality, water quality
and noise.
Standards set by any Authority, Lessor may, after giving reasonable notice of
the failure to Lessee, take whatever action is necessary to bring the Premises
into compliance. Lessee shall reimburse Lessor for all costs (including ,' but
not limited to, consulting, engineering, and legal costs) incurred by Lessor in
In the event Lessee fails to maintain the Premises according to the
Rev. 3/81 (1627~) - 1-
0 e
bringir?s the Premises into compliancl- with such Standards, and also all sacil
costs rncurred by Lessor in abezrng a viol2tlon of such Standards, ?rateccing
against a threatened violation or' such Standards, defending any claim of
violation of such standards in any proceeding before any Authority or court,
and paying any fines or penalties imposed for such violations. Lessee shall further indemnify and save harmless Lessor from any claim of a violation of
such Standards regardless of the nature thereof or the Authority or person
asserting such claim, which results from Lessee's use of the Premises, whether
such claim arises in whole or in part from the negligence of the Lessor or
otherwise. Lessee, at its cost, shail assuine the defense of all such claims
regardless of whether they are asserted against Lessee or Lessor.
Further, since Lessee may be involved in the generation, transportation,
treatment, storage and/or disposal or' hazardous waste materials, Lessee agrees
to comply with the hazardous waste management regulations adopted by the
Envirorrnental Protection Agency (EPA) on May 19, 1980." '
IN WITNESS WEOF, the parties hereto have executed this supplemental agreement, i
dupliczze, as of the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COHPANY y;:/*yyy&!$ BY ..- m-d. O-&,A
.2ilEX!f L 3rCGV . Its Supervhor ef Contraotr
i
CITY OF CARLSBAD
BY
(Secona Party)
*
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5 7 1 3 6TA
Rev. 3/81 (1627~) - 2-
31-70254-26
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1 I I i ET@ TO
I 1 Sx:reiary, %E: A T. & S F. RY. CO. Topeka
SUPPLEMENTAL AGREEMENT, made as of tile 1st day of Apr-- 1981, between
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COKPANY,
qereinaf cer called "Santa Fe" , first party) and CITY 0' CARLSBAD, herelnaf ter
called "Lessee", second
a I+larJzr? corporatlon,
partY. -
RE C I TAL S:
Santa Fe and Lessee are presently parties to contract dated May 25, i976, designated in
the records of Santa Fe as Secretary's Contract No. 150082, togtther with any and all
modifications, supplements and amendments thereto, (hereinafter for convenience referred
to as "Original Lease"), under w'nich Santa Fe leased and demise: unto said Lessee those
certain premises at Carlsbad, County of San Diego, State of California.
It is the purpose of the parties to amend the Original Lease as hereinafter set forth.
AGREEMENT:
NOW THEREFORE, it is agreed by and between the parties hereto as follows:
1. That print of C.E.C.L. D-rawing No. 601-34001, dated Play 17, 1976, last revised
Februzry 5, 1982, hereto attached, marked Exhibit "A", and iy reference made a pgrt
hereto, correctly shows thereon the location agd area of th2 premises covered by
Original Lease as herein amended and that, effective as of April 1, 1982, said print
shall be and it hereby is substituted in the place and stead of print attached to
and made a part of Original Lease with like force and effec: as though originally
attached thereto and made a part thereof.
2. That, effective as of April I, 1982, rental for the leased ?remises shall be and it
hereby is increased from Two Hundred and h'0/100 Dollars ($200.00) per month, as
specified in said Original Lease, to the sum of Two Hundred Seventy-five H0/100
Dollars ($275.00) per month.
three (3) year period during which this contract nay remain in effect.
3. That, as herein amended, Original Lease shall be and remain in full force and effect
IN WITNESS WHEREOF, the parties have duly executed this Supplernsntal Agreement, i'n
duplicate, the da:.- and year first above written.
Said rental may be revised at the end of each
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
, -- By,*?r ,ti>i >2\ E: !s TO FCW?vI ;y&;;V* *
--- A~,; ~;a;li G~X~I mcmey -
CITY OF CARLSBAD
BY
Its &7-/ M4R- - - \ -
42886WL
Rev. 3/81 (M41)
called "Lessee", second parcy.
RE C I TAL S:
RETURN TO
Secretary, The A.T. d S.F. RY. CO. ?optk&
EXH lBlT “A” e
ATTACHE: D TO CONTRACT BETWEEN THE: ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPAM
AND
*-A$$, >di ,JJ+%- L:’ 3- ClTY OF CARLSOAD
LOS ANGELES, CALIF w. U.T6L\Y€G?
La5r L?ma APR/L 24,/982 D€cl--a\PT\ObA RP-ROvF
A G M -ENGlKERiNG MRY 17, 197G
SCALE 1 IN.TO 100 FT
0 1
Fl RST
- 2- ---
SCONDLDO TCU NEXT N-rO NEXT
- DE SCRIPTION - ’
A RECTANGULAR SHAPED PARCEL OF LAND CONTAIN\NG
32,8790s~ FT.? SHOWN 5HAOED.
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,T CARLSDAD, AN DIEGO COUNTY, CAUF. C.E.C L. DRAWING NO. 601-3900
OWC. NO niv EII r LIA \.r u(lA7/ - ,-
W @e Atchison, Topeka and Santa Fe Railway Company
- ----- ___ . /I , -~ --- _.__
-',+ ..
21 3/i67-~1:0 I
i I
\ Jnae 27, 1985
I
- -- ,: -7r: T3
5:: ?o?::ts - _- - -I :-cre:P.y, : '9 AT. Lr. - -
File: 11003803-22 \
City cf Carllsbad
1200 Rh Xventie 4 CdtlSb8dv CA SZOG6
Re: Failway Co-q?my Secretary+S Contrstt ij;o. 150082, cavcrirg City of
Carlsbdd's use of our pr-rtg, at C&r1BtMBI Californiar a0 B site for
City exploye partiq ~ucp-wjes; Eenrai Amivezsary ace JUR~ 1' 1585
Gentlemen:
Oar present acjgeeQBAt, -as specified above, provides for reatal ravisioaa at
three-year iat~rvil~, Considering the ever increasing cost of dairtg business,
ax? irr arCer that *e reiet keep abreast of the chjmgiiq value of mfiej, we are
initiating a proqran of teoisfng rentals aaariafly, based upn the flcctuation
thert bss cccurred in tke U.S- Sahr Ceparbent*c Crw3smar Price Index 1CPI)
duriwg the cost recent It-etcrntb period for which Xm2er figares have been
release2 precediq the sonth ia vhfcir reatal is due. Attacked is a opy of
the provfsions for the reatal adjustments. Langaage in tho provisi~as vi11 be
adapted to mific zgreemnts.
our present thraepcar rental revision has t8solted in 6orc-e substantial
Through axr newly acioptse $tc+gr&SG of revioing rentals aunPafly is accordance
with changes in tbe CPI you, as uell as we, will be rsoared of a fair rental
OR a relatively arrent basis. As will be notad froa the atlacbent, if kha
inear fluctuation calls for ~DCK~~LSQ?, tsstal shall. be so iricre&aed, bet a new
rental shall rwt be lea thes -&a tbzn czrzzst raztul, cc~~le~ witt: :ental
teviafcme based 03 CPX flnctuatioss, we will also, st =re lengthy intervals,
dcteraine the ftir aarket rental Oasis for the prfs~2ises covered by rxt
agree-at, IQ th earst the cortent CPI should cease to bs ynblished, we will
then aelcct another insex that will serve in the place aac? stead of the CTf.
The next rental 5fll you receive will reflect a rental of SeveB Bandred Eighty
and #o/lUtl Dollars ($7EB,OO) per month. Siubrrewent bills vi11 reflect the
adjnetmnts dfsc;lssec! above, afthcmgh ve will, fraa ti= to time, determine
cnrreat hair aartet reataf basis foc the premises and adjutst rental hoed cpo~
that detersination, Cizrmntly, m grapbcra to bo this at five-year intervals.
iaereagm, ptiimrilp because of the rslatiw! Infreqwncy a€ rental review.
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m
-r -. --, . L, __.
e
c 11p: 1],C;>dQ;-- 12 72 ‘ Ci:: .>< Cz;rlsti.’;d
June 27, i?8s
paqc f~o
we trust. you ZC~~KZ:*R.~ ?.ks fair;\r.l;c of 2s: nee rental pr.cqriir,.
io king Toryarded i:! dcglicate, and we shall appreciate ceturn of one copy
indicztinq >:.our ack;;s*:Jle(ige~~crrt ir, thc sFace pcovi2ed bsio’i. If “33 sbculd
fail to retrirn such :cknouledgezient, your continad 0ccui~;lcy of the prenisez
Nyond tp.2 date the :prt‘;al is ~UG: ill coz?=iru tki;st ljoil alect to ~Gfltil:c~‘ on
the site anaer the revised rental prqras.
We suqgcst yy.~ r’iltz :kin nntfci with yoc~‘ copy oE the ai.^;^.; anreeltiorit.
coo~ration in this utter is appreciatez.
T?\16 n~tic?
_-
‘icli~
Ver!; truly:’ yours,
3. W, Torpin, General Manager
&&& BY /v g? W. D. aentley, ndnrtger
*‘Re31 Estat?.and Contracts
THE AWVZ XBICX IS XCEH’O%EDCEI]:
CITY OF CbRLSBPJ . c
BY
It3
f
nf .. f .. ’ z:J. - R. Yerritt, San Bernardino (W-44036)
., - nf
-& J. E. Willard, Los Angeles
.e nf
bcc: Messrs. D. D. jchirmer, Topeka (Attn: D. zames)
.H. W. Snyder, Topeka (Manual signature rs..=uired)
Genersl ?ianager’s Contract No. 150082 -
CL3 6b/80 28 513
- .- - .
1 /I e RESOLUTION I\:. - 4 -
2 A ?.!SOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSCAD, CALIFORNIA ACCEPTING AN OFFER C,' THE LE.4SE OF AN EMPLOYEE
PA?.XING LOT, AUTHORIZING THE E>.ECUTION 3F A CONTRACT AND
AUTAORIZIIIG FUNDS FOR TEE LEASE.
jl
4 !/ /I
3; 11
I
5 11
61 at ths Corporztion Yard are parked on the ?ublic streets and;
7 i. !I
KHEREAS, The privately owned vehicles of city employees employed
I/
I.iHEREAS, these vehicles constitute a zuisance to local merchants
whose customers park in the public streets.and;
II
/I \:HEREAS, the Atchison, Topeka and Sarr'a Fe Railroad has agreed to 9 /j
10;: lease a portion of the railroad right-of-wcy at the end of Oak Street
I;
11 j in close proximity to the yard for tne purgose of a city employee parking
12' lot and;
13 \!:.(EREAS, it is in the public interest to provide off-street parking
for city emplDyees;
, c'
.
16;; as follows:
r'iOW, THEREFORE, BE IT RESOLVED 'by the Council of the City of Carlsbad,
.,
I
1. The above recitations are true and correct.
2. That the formal offer of SlOO per month, plus property taxes
by the Atchison Topeka and Santa Fe Railroad for lease of a
parking lot is hereby accepted.
That the Mayor of the City of Carlsbad is hereby authorized to
execgtc a contract for the lease of said property.
That the expenditure of si200 is hereby zuthorized out of
20
3.
4.
24 Fund 1-104-2870 - of the City of Culsbad solely and exclusively
25
26
27!j xx
281: xx
for the purpose of providing funds for the payments of the
lease during the fiscal year.
I, - .- j1 .
'I i/ I I
2
3
4
5
7, 6l
City Council on the 6tn day of July , 1975, by th?
following vote, to wit:
AYES : Counci 1 men Frazee, Lewi s , Pack? rd, Skoznfcki and
NOES : None Councilwoman Casler.
ABSENT: None
18
j9
20
21
22
23
24
25
26
27
28
I! I I I
4
8
I
- .- - -2- %
rOm /:: 5:~. w JMIlIM I L
Locatiori /- c$ nflp e'&pJ t Date 8 -- / 7.- $1 m
File Number fi [- 7 Q 2J-p --A)
Secretary :
Znclosed fc: filing and distributlon are Santa Fe original and sufficitnt
copies or' agreemct with
,ocation (s)
Descri?tion
Dated E f f ec t iv e Division 2)
Class Rent Frequency fl -~
1. - A This correspondence pertains to Contract No. ) 3Ad * 8 -
Provides lor termination of contract(s)
Provides lor assignment to
- 2.
3. -
4. - x Provides ior increase in rental to $ r>cc.).-@d
5. - Forward c:?y to ... at
effective d> - /,=-d?
Re-class if y to
Contract zalls for insurance and it will be forwarded later.
Enclosed insurance is new.
- 6.
. 7.
8.
9. - Enclosed insurance replaces Certificate No.
-
-
with
that expires
Contract !;o. 9 Sub No. & & & should be removed from expiration record, - 10.
11 6 - Ikpiraticz record should be made for
12. - Please cazcel Contract No. with
(date)
at effective
I
13. x Other coI;rents >/ 30 /crcLcJe~ /v-eL n .L'i bfl4 c. y an L, 0-l /
-er~~( ~~~i";rcwW r equ/c %- - 5
This form requires manual signature. MI lo'. j(&,o - .- I
cc ; c/"
r EXHIBIT “A” 0 0
AT’TACHED TO CONTRACT BETWEEN
AND
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY c~p~tqy
CITY OF CARCSOAD
p+J!-, ,J &”;:+
* u3.(cJ3.-rO\-\V€R LOS ANGELES, CALIF:
A.G.U.. - ENGINEERING !“ley 17, 1976
Sc-. F=E[3RueRY 7 ,\985 =-\-\ON RPP-VE SCALE: 1 IN.TO 100 FT.
01
F1 RST STREET
---
<
-DESCRIPTION-
A RECTANGULAR SHAPED PARCEL OF LAND CONTA\N\NG
26,270- SQ.FT. 5 SHOWN 5HROE0-
- -- %
r CARLSDAD,
rN DIEGO COUNTY, CALIF- ... C.E.C.L. DRAWING NO. 601-3+001
nwt-, NO niv FI~ F NO W-qrt03L T- 1 e. :
W .. I 0 Sat$-g Fs g; %;?a$
Lease No.: 175533
TENANT ESTOPPEL CERTIFICATE
The undersigned ("Tenant") hereby confirms, warrants and represents to North San Diego
1. Tenant is the lessee under that certain lease (the "Lease"), attached hereto as Exhibit A, between Tenant and the currently existing lessor under the Lease ("Landlord"),
covering the property (the "Leased Property") described therein.
The Lease constitutes the complete and entire understanding between Landlord
and Tenant, and there are no other agreements, whether written or oral, between Landlord and
Tenant pertaining to the Leased Property. The Tenant has no options or other rights to purchase
or expand the Leased Property. Except as expressly provided in the Lease, Tenant has no rights to renew or extend the term of the Lease. The Lease may be terminated by either party upon thirty (30) days' written notice. The Lease has not been amended, modified or supplemented in any way and there have been no assignments of the Lease and no subleases under the Lease,
except as follows:
County Transit Development Board ("Purchaser") the following:
2.
None
3. To the knowledge of Tenant, Landlord is not in default under the Lease. Tenant
is not in default under the Lease and Tenant is current in payment of any taxes, utilities, common area maintenance payments, or other charges required to be paid under the Lease by Tenant.
4.
5.
Tenant has no offsets or claims against Landlord.
Landlord has no unperformed obligations to provide to Tenant any work of any kind relating to the Leased Property.
The current rent under the Lease (including escalations and all other charges) is $10,040.00 (per year) and has been paid through May 1, 1993. No other prepaid rent has been paid to Landlord by Tenant. The Security deposit paid under the Lease is $0.00.
6.
The above statements are made upon the understanding that they are binding on the
Tenant and that the Purchaser will rely on them in connection with the purchase of the Leased Property.
Dated this 6th day of JANUARY , 19 93 .
CITY OF
B
Its Mayor
estoppel. 255
/ 75-?33 - p,.-!-.n75 F'. 4 '^ -, I '7 r 8 I I I I .,\?' , > lil - il- _, -
0
I -- ?-;-
2 ' - L- - - I 1 %c:C,-:;/, : ' c=' rcjsL.2 ' I
I I
11000258-26 bta Fe 0-a)
COHliKRCIAL LAM) LEASE
THIS LEASE, made as of the 1st day of Hay 1986, between THE ATCHISON, TOPEKA
AND SANTA FE RAILWAY COKPAHY, a Delaware corporation (hereinafter called
"Lessor") and CITY OF CARLSBAD, (hereinafter, whether one party or more,
called "Lessee") .
U I TWES S ETH:
For and in consideration of the rental and of the covenants and agreements hereinafter
contained, the parties hereto agree as follows:
L. TEBH
Lessor hereby leases to Lessee, subject to the rights and easements hereinafter excepted
and reserved and *:pori the terms and conditions hereinafter set forth, the land
(hereinafter called "Premises") situated at or near Carlsbad, County of San Diego, State
of California, as described or shown on print hereto attached, No. 1-04944, dated
December 11, 1985, marked Exhibit "A", and made a part hereof, for a tern beginning on
Hay 1, 1986, and continuing thereafter on a month-to-month basis, unless or until this
Lease shall be terminated as hereinafter provided.
2. EXISTING FACILITIES
Lessor hereby excepts and reserves the zight, to be exercised by Lessor and by any
others who have obtained or may obtain permission or authority from Lessor so to do, to:
(a) Operate, maintain, renew and reLocate any and all existing pipe, power and com-
munication lines and appurtenances and other facilities of like character upon,
over or under the surface of Premises; and
(b) Construct, operate, -maintain, renew and relocate such additional facilities of
the same character as will not unr,easonably interfere with Lessee's use of
Premises as specified in Section 6 hereof.
3. RENTAL AHD RELJTAL ADJUS-S
Lessee shall pay to Lessor for the use of the Premises rental as follows: - .
"(a) Subject to Sub$ection 3(c) below, the base rent shall be Six Hundred Sixty-Five
and No/100 Dollars ($665.00) per month payable, for convenience only, annually
in advance without demand. Said base rent shall be adjusted annually in
Rev. 1/86 (N40m/CD6) - 1-
w e
accordance with Subsection 3(b) below. Rent for any fractional month at the
beginning or end of the contract term shall be prorated.
on or before the date this Contract commences and thereafter shall be payable
on or before the first day of each year during the contract term,
termination of this Contract, unless Lessee is then in default, any unearned
portion of said rental, paid in advance, will be refunded to Lessee upon
written demand by Lessee therefor made within thirty (30) days folloving
termination.
Rent is due and owing
Upon
(b) Commencing on the first annual anniversary of the first day of the first full
calendar month of the lease and a11 annual anniversaries of such date
thereafter, the base rental shall be adjusted in accordance with the changes in the Consumer Price Index indicated in the column for Urban Wage Earners and
Clerical Workers, U.S. city average, (hereinafter called the "Index"),
published by the Bureau of Labor Statistics, U.S. Consumer Price Index from the
base index number to the current index number.
The index number indicated in the column for Urban Wage Earners and Clerical
Workers, entitled "all items", for the period most recently released prior to
the anniversary date in the previous calendar year, shall be the "base index
number" and the corresponding index number for the period most recently
released prior to the annual anniversary of this Lease shall be the "current
index number". The current index number shall be divided by the base index
number, to form the rental adjustment factor.
The new base rent shall be determined by multiplying the then current base rent
by the rental adjustment factor and this figure shall be rounded.to the nearest
$5.00. The new base rent, as so determined, shall be due and payable in
accordance with Subsection 3(a) above. In no event, however, shall such new
base rent be less than the then current base rent,
Sf publication of the Consumer Price Index shall be discontinued, the parties
hereto shall thereafter accept comparable statistics on the cost of Living for
Urban Wage Earners and Clerical Workers, as they shall be computed and
published by an agency of the United States or by a responsible financial
periodical of recognized authority then to be selected by the Lessor.
In the event of (I) use of comparable statistics in place of the Consumer Price
Index as above mentioned, or (2) publication of the Index figure at other than
quarterly intervals, there shall be such revisions as the circumstances may
require to carry out the intent of this provision. Lessor may, at its sole
discretion and in conjunction with its overall rental adjustment program, use
index numbers in the column for AIJ Urban Consumers, U.S. city average,
entitled "all items", or such similar index that may be published in the future
to indicate statistics comparable to the indexes named above.
The base rental shall be subject to revision at five-year intervals to adjust
same to a fair market value basis.
(c)
I
I . ILBROlfEMEWPS
essee covenants and warrants that Lessee either owns, or has obtained from the owner or men thereof the right to use, any improvements,now on the Premises shown or described
ev. 1/86 (H4h/CD6) -2-
0 W
i said Exhibit "A" as "Lessee's existing Improvements". Such improvements, if any,
igether with any other improvements andlor personal property hereafter placed upon the
-emises by or for account of Lessee are hereinafter called "Improvements".
USE
(a) Lessee shall use the Premises exclusively as a site for vehicle parking
purposes. Lessee covenants that it will not treat, store or dispose of on the
Premises "hazardous waste" or "hazardous substances", as "hazardous waste" and
"hazardous substances" my now or in the future be defined by any federal,
state, or local governmental agency or body. In the event the Premises are now
or in the future used in generating, handling, or transporting of "hazardous
waste" or "hazardous substances", Lessee agrees fully to comply with all
applicable federal, state, and local laws, rules, regulations, orders,
decisions and ordinances (hereinafter referred to as "Standards") concerning
"hazardous waste" and "hazardous substances". Lessee further agrees
' periodically to furnish Lessor with proof, satisfactory to Lessor, that Lessee
is in such compliance. In any event, Lessee shall allow Lessor to enter.*Jpon
the Prey-ses at reasonable tlmes for the purpose of irispection.
Should Lessee not comply fully with the above-stated obligations of this
Section, notwithstanding anything contained in any other provision hereof,
Lessor may, at its option, terminate this Lease by serving five (5) days'
notice of termination upon Lessee; but any waiver by Lessor of any breach of
Lessee's obligations shall not constitute a waiver of the right to terminate
this Lease for any subsequent breach which may occur, or to enforce any other
provision of this Lease. Upon termination, Lessee shall be governed by the two
sections of this Lease regarding Lessee's surrender of possession of the
Premises.
(b) Notwithstanding anything contained in the liability sections hereof, in case of
a breach of the obligations contained in this Section, or any of them,
regardless of the negligence or-alleged negligence of Lessor, Lessee agrees to
assume liability for and to save and hold harmless Lessor from and against all
injuries to any person znd damage to property, including without limitation,
employes and property of Lessor and Lessee and all related expenses, including
without limitation attorneys' fees, investigators' fees and litigation
expenses, resulting in whole or in, part from Lessee's failure to comply with
any Standard issued by any governmental authority concerning hazardous
substances and/or hazardous waste. Lessee, at its cost, shall assume the
penalties hereunder, regardless of whether they are asserted against Lessor or
Lessee. Lessee also agrees to reimburse Lessor for all costs of any kind
incurred as a result of the Lessee's failure to comply with this Seetion, * including, but hot limited to, fines, penalties, clean-up and disposal costs,
and legal costs incurred as a result of Lessee's generating, handling,
transporting, treating, storing, or disposing of "hazardous waste" or
"hazardous substances" on the Premises. .
defense of all claims, suits or actions brought for damages, and fines or
I--. '1 fQL IUAhm/fT$L\ -3-
w a
(c) It is understood and agreed that a Lessee who does not now, or in the futyre, generate, handle, transport, treat, store or dispose of "hazardous waste" or
"hazardous substances" within the meaning of this Section, is not subject to
the provisions of Subsection (b) supra.
(d) Lessee shall not use or permit the use of the leased premises in any manntc
that will tend to create waste or a nuisance.
constructing, maintaining, operating and using the Improvements thereon, Lessee
shall comply with any and all requirements imposed by federal or state stztues,
or by ordinances, orders or regulations of any governmental body having
jurisdiction thereover, including, but not limited to, building and zoning
ordinances, restricting or regulating or prohibiting the occupancy, use or enjoyment of the Premises or regulating the character, dimensions or locations
of any improvements on the Premises. Should any governmental. body having
jurisdiction in the matter require Lessor to dedicate, restrict or otherwise
encumber any portion of the Premises, or any of its adjoining property, as a
condition to approval of Lessee's use of the Premises, Lessor may, if sai?
condition is unacceptable to Lessor, terminate this Lease. Lessee covenats to
pr--erly notify Lessor accordingly should any of the above occur.
In using the Premises, ani in
I TAXES
(a) Lessee shall pay before the same become delinquent all taxes, charges, rates,
and assessments which may, during the term of this Lease, be levied upon, or
assessed against, or be equitably chargeable to or assessed in respect of the
hprovements; and where any such tax, rate, charge, or assessment may be
embraced in the general amount of taxes charged upon the Premises separately r
in connection with other property of Lessor and Lessor shall pay all of szid
taxes, then Lessee shall promptly repay or refund to Lessor the aimunt or part
of the tax, charge, rate or assessment equitably or fairly apportionable :3 the
Improvements.
PI
Lessor any privilege, sales, grogs income or other tax (not including fedsral /Lf 4 (b) In addition to the taxes and assessments specified above, Lessee shall par toL
or state income tax) imposed upon the rentals received by Lessor by any agency
having the authority so to do.
. comrrIoH OF PEWUSES *
assee warrants that, prior to taking possession of the Premises under this Lease, he
BS examined Premises and accepts the use and occupancy thereof with full and complete
zowledge of the physical condition of the Premises and of the conditions, covenants,
astrictions, encumbrances and all matters of record relating to Premises.
. ALTEEATIOHS I
assee shall make no change or alteration in nor additions to Premises without first
btaining the written consent of Lessor.
ev. 1/86 (M4Om/CD6) -4-
w
1. HAIHTENANCE OF PREMISES
.essee shall keep and maintain the Premises and any and all Improvements in condition
md repair satisfactory to Lessor and shall not cause or permit any waste or nuisance
Ln, on or about Premises. Any and all necessary repairs shall be made at Lessee's
zxpense and Lessee hereby waives all right to make repairs at the expense of Lessor. If
Lessee fails to make repairs within fifteen (15) days after notification in writing that
-epairs are necessary, Lessor may make such repairs as Lessor deems necessary to
naintain them in a clean, sightly, sanitary and good condition and Lessee agrees to
~romptly reimburse Lessor for the cost of such repairs upon receipt of bill therefor.
LO. UTILITIES
(a) Lessee shall pay any and all charges for water, gas, sewer, heat, light, power
and telephone service and all other services supplied to or used on Premises or
available, assessed or taxed to Premises. Lessee agrees that Lessor shall not
telephone service or any other facilities, equipment, labor, materials or
services of any kind whatsoever.
be required to furnish to Lessee any water, gas, sewer, heat, light, power or
(b) If any utility company requires a license or permit from Lessor to cross
property of Lessor, other than Premises, before the aforesaid services will be
provided, Lessee shall pay to Lessor the sum of Two Hundred Fifty and No/100
Dollars ($250.001, or such other sum as Lessor may from time to time put into
effect, to cover the expense of preparing and processing each such license or
permit.
11. FENCB
Lessee shall, at Lessee's expense, construct and thereafter maintain a fence or
barricade, of a type approved in writing by Lessor, along the boundary lines of Premises
adjoining other property of Lessor.
0 12. FIRE HAZARD SAFEGUARDS
Lessee shall at all times use and occupy Premises in such manner and shall adopt such
safeguards as will minimize {ire hazard to the fullest extent possible consistent with
the use of Premises specified in Section 6 hereof.
13. INDEXMITY
(a) Lessee shall indemnify and save harmless Lessor against all loss, damage or
expense which Lessor may sustain, incur or become liable for, including loss of
or damage to property or injury to or death of persons, including the persap or
property of thC parties hereto and their employes, and fines or penalties
imposed upon or assessed against Lessor, arising in any manner out of:
(1) The use of Premises by Lessee, its employes, licensees and invitees;
Rev. 1/86 (H40m/CD6) -5-
v e
(2) Any breach by Lessee of the terms, covenants or conditions hec:ein
contained ;
The construction, maintenance or location on Premises of Improvements,
utility lines or services; or
The sole or contributing acts or omissions o€ Lessee or the employes,
licensees or invitees of Lessee in, on or 2bout Premises or Improvewnts,
except that if Lessor shall participate in any such contributing acts or
omissions, then the loss, damage or expense arising therefrom shall be
borne by the parties hereto equally.
Lessee shall also indemnify and gave harmless Lessor against all fines or
penalties iqosed upon or assessed against Lessor, resulting from the violation
by Lessee of any statute or order of competent governmental authority.
Upon written request by Lessor, Lessee shall assume the defense of any suit or
action brought against Lessor, its agents or employes, alleging any claim for
loss or damage against which it indemnifies Les6oc hereunder, and Lessee shall
pay all expense, .'ncluding attorneys' fees,' incurred by Lessee and/or Lessor in
defending and s.--,ling all claims and liabilities against which it indemnifies
Lessor hereunder.
(3)
(4)
(b)
(c)
.4. LIENS
,essee shail promptly pay and discharge any and all liens arising out of any
.onstruction, alterations or repairs done, suffered or permitted to be done by Lessee on
'remises and/or Improvements and shall indemnify Lessor against any loss incurred by .essor on account of such liens. Lessor is hereby authorized to post any notices or
,ake any other action upon or with respect to Premises that is or may be permitted by
.aw to prevent the attachment of any such liens to Premises: provided, however. thzt 'ailure of Lessor to take any such action shall not relieve Lessee of any obligation or
iability under this Section 15 or any other section hereof.
5. IBSUWCE *
(a) Lessee shall, at its expense, procure and keep in force at all times during the
term of this Lease, a comprehensive form of insurance covering its liability,
including but not limited to, Public Liability 2nd Property Damage, assumed by
Lessee under this Lease covering bodily injury to or death of persons and property danage or destruction, in' the amount of $3,000,000.00.
be named as one of the insured parties.
-7 Lessor shalL/, d
(b) All insurance shall be placed with insurance coqanies licensed to do business
in the State in which Premises are located, and approved by Lessor. Lessee
shall furnish Lessor with a certificate, or certificates evidencing such
insurance. Each policy shall provide that it shall not be cancelled or
materially changed unless at least thirty (30) days' prior written notice of
Lessor at the address designated on the signature page of this inStCumnt.
.did
cancellatioa or change shall have been mailed by the insurance company to
lev. 1/86 (M4Om/CD6) -6-
w 0
Lessee shall proFtly furnish Lessor with certified copy of said policy or
poLicies upon wrizten request from Lessor.
insurance or evidence of such insurance shall not in any manner limit the
LiabiLity of Less52 under Section 13 hereof or any other provision of this
Lease,
The providing or furnishing of such
6. SIGHS
essee shall not place nor ?emit to be placed on Premises or Iniprovements any sign not
olely for the purpose of advertising Lessee's business conducted on Premises, without
aving first obtained the witten consent and approval of Lessor in each instance. Upon equest by Lessor, Lessee shall immediately remove any sign or decaratian which Lessee
as placed or permitted to be placed in, on Or about Premises or Improvements which, in
he opinion of Lessor, is cbjectionable or offensive. If Lessee fails to make such
emoval, Lessor may enter ;remises or Improvements and remove said sign or decoration at
essee' s expense.
7. EWVIRONWENT
Itwithstanding any other ;yovisions of this Lease, Lessee shall coFply with all
tatutes, ordinances, rules, regulations, orders and decisions (hereinafter referred to
i "Standards"), issued by zny federal, state or local governmental body or agency
stablished thereby (hereimfter referred to as "Authority"), relating to Lessee's use
F the Premises hereunder. In its use of the Premises, Lessee shall at all times be in
rll compliance with all Standards, present or future, set by any Authority, including,
rt not limited to, Standards concerning air quality, water quality, noise, hazardous
ibstances and hazardous wEste.
Landards set by any Authority, Lessor may, after giving reasonable notice of the
kilure to Lessee, and Lessae, within thirty (30) days of such notice, fails either to brrect such noncompliance >r to give written notice to the Lessor of its intent to ntest the allegation of r.,~ncompliance before the Authority establishing the Standard
: in any other proper fom, take whatever action is necessary to bring the Premises
ito compliance. Lessee stall reimburse the Lessor for all costs (including but not
'.mited to, consulting, engineering, clean-up and disposal costs, and legal costs)
lcurred by the Lessor in cmplying with such Standards, and also such costs incurred by
Le Lessor in abating a vic:ation of such Standards, protecting against a threatened
.alation of such Standards, defending any claim of violation of such Standards in any
Boceeding before any Authcrity or court, and paying any fines or penalties imposed for
Ich violations. Lessee shzLl assume liability for and shall save and hold harmless the
ssor from any claim of a Tiolation of such Standards regardless of the nature thereof
the Authority or person zsgerting such claim, which results from Lessee's use of the emises, whether such clain arises in whole or in part from the negligence or alleged
gligence of the Lessor or otherwise. Lessee, at its cost, shall assume the defense of
1 such claims regardless af whether they are asserted against Lessee or Lessor.
on written notice from Lessor, Lessee agrees to assume the defense of any lawsuit,
ministrative action or other proceeding brought against Lessor by any public body,, dividual, partnership, ,carpatation. or other legal entity. relating to any matter vered by this Lease for which Lessee has an obligation to assume liability for and/or
save and hold harmless the Lessor. Lessee shall pay a11 the costs incident to such fense, including, but not limited to, attorneys' fees, investigators' fees, litigation
In the event Lessee fails to be in full compliance with
c
v. 1/86 (H40mlCD6) - 7-
0 w
xpenses, settlement payments, and amounts paid in satisfaction of judgments. Any and
111 lawsuits or administrative actions brought or threatened on any theory of relief
ivailable at law, in equity or under the rules of any administrative agency shall be
:overed by this Section, including, but not limited to, the theories of intentional
iisconduct, negligence, breach of statute or ordinance, or upon any theory created by
;tatUte or ordinance, state or federal.
-8. EVICTION
:n case of eviction of Lessee by anyone owning or claiming title to or any interest in
'remises, Lessor shall not be liable to Lessee for damage of any nature whatsoever or to
:efund any rental paid hereunder, except the proportionate part of my rental paid in
idvance.
-9. ASSIGMMEKC
.essee shall not assign this Lease without first obtaining Lessor's written consent
.here for.
!O. SUBLEASE .
.essee shall not sublease Premises or any part thereof without first obtaining Lessor's
mitten consent therefor.
!I. TgRLIINATIOB
(a) This Lease may be terminated at any time by either party hereto servinq
thirty (30) days' written notice of ternination upon the other party, stating
therein the date such termination shall take effect. Upon the expiration of
the time specified in such notice, this Lease and all rights of Lessee hereunder shall absolutely cease and determine; but upon any such termination,
Lessee shall be entitled to have refunded by Lessor, a proportionate part of
any rentals paid in advance.
(b) Upon ternination of this Lease in any manner provided herein, Lessee shall
remove from Premises, at Lesseets expense, any Improvements and appurtenances,
including all trade fixtures, personal property, utility lines, paving,
foundations and any and all debris, leaving Premises in a cleared and
reasonably level condition satisfactory to Lessor. If Lessee fails to complete
the removal of said'Iqrovements and appurtenances within thirty (30) days
after termination of this Lease, Lessor shall have the option, to be exercised
in writing at any time thereafter, to either:
(1) Perfom such removal and clear Premises for the account of Lessee and in
such event Lessee shall reimburse Lessor for all costs so incurred within
fifteen (15) days after rendition of bill therefor; or
Take and dold said Improvements and appurtenances as its sole property
without compensation to Lessee, and in such event Lessee shall be relieved
of the obligation to remove or pay for removal of said Improvements and
appurtenances.
- ,
(2)
7-.. 1 IOC IUlh)rmL\ Q
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2. wrIC&S
11 notices to be given hereunder shall be given in writing, by depositing sae in the
yited Skates mail duly registered or certified, with postage prepaid, and a:dressed to
'Le Lessee or Lessor as the case may be at the address shown on the signaturr page xeof or addressed to such other address as the parties hereto may from tint+ to time
ss igna te .
3. BANKRUPTCY
Lessee should become insolvent or fail in business, or make an assignment for the
Lnefit of creditors, then Lessor may, at its option, terminate this Lease u;on five (5)
ys' written notice.
. FORFEITURE FOR DEFAULT
any rental hereunder shall be due and unpaid, or if default shall be made In any of
e covenants or agreements of Lessee herein contained, or in case of any assignment or
ansfer of his Lease.by operation of law, Lessor may, at its option, tennitate this
on Lessee notifying Lessee to cure any default or defaults within five (5) days from
rvice and if Lessee fails to do so, this Lease will be deemed forfeited anc
rminated; but any waiver by Lessor of any default or defaults shall not corstitute a
iver of the right to terminate this Lease for any subsequent or continuing default or
Faults.
, HOLDOVER
ase by serving five (5) days' notice in writing upon Lessee or serve notice in writing
Lessee fails to surrender Premises to Lessor upon any termination of this Lease, all
t liabilities and obligations of Lessee hereunder shall continue in effect Anti1
dses are surrendered.
obligation hereunder, whether of indemnity or otherwise, resulting from at.? acts,
.ssions or events happening prior to the date of termination, or date of si-:render if
be later. ..
No termination hereof shall release Lessee from ax? liability
ATTOEUiZYS' FEES
Lessor commences an unlawfuL detainer action or any other action against k_ssee to
occe any obligation arising under the terms and provisions Of this Lease, 3r against
subtenant or assignee of Lessee using the Premises, Lessee shall pay all zourt costs
reasonable attorneys' fees associated with such action.
CONDRHHATIOB
the event all or any portion of the Premises shall be taken for any publit use or'
si-public use under any statute or by right of eminent domain, or by purcbse in lieu
reof, Lessee shall have no claim to any compensation awarded for the takinq of the
nises or any portion thereof, including Lessee's leasehold interest therein or to any
pensation as severance damages, or for loss of or damage to Lessee's Imprwements.
. 1/86 (H4WCD6) a
w e
!ae UbIYER
lo waiver by either party hereto at any time of any of the terms and conditions of this
,ease shall be deemed a waiver at any time thereafter of the same or any other terms or
,onditions hereof, nor shall any provision hereof be waived except by an instruent in
riting executed by duly authorized representatives of the parties.
9. TIME OF THE ESSWlCE
ime and specific performance are each of the essence of this Lease.
0. KKADINGS AHD TITLES
he headings and titles to the sections of this Lease are not a part of this Lease and
hall have no effect upon the construction or interpretation of any part of this Lease.
1. PUBLIC RECORD
! is understood and agreed that this Lease shall not be placed of public record.
!. AEBNDIZEHT OF LEASE
: is agreed that neither Lessor nor Lessee nor any of their employes or agents have
ide any statement, promises or agreements verbally or in writing in conflict with the
xms of this Lease and that this Lease sets forth all of the promises, agreements,
mditions, inducements and understandings between the parties relative to the lease of
e Premises by Lessee and that there are no promises, agreements, conditions,
derstandings, inducements, warranties or representations, oral or written, express or
,plied, between them or their employes or agents other than as herein set forth and
at this agreement shall not be modified in any manner except by an instrument in
iting executed by duly authorized representatives of the parties.
. BIHDIBG
1 the covenants and agreements of Lessee herein contained shall be binding upon the
nefit of the successors and assigns Of Lessor.
irs, legal representatives, successors and assigns of Lessee, and shall inure to the
x
,
I X
X
r. 1/86 (kf40m/CD6) -LO-
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IIi WITHESS WHEREOF, this Lease has been duly executed, in'duplicate, by the parties
2ereto as of the day and year first above written.
TKB ATCHISOH, TOPEKA AM> SANTA E% RAILWAY COWBW
One Santa Fe Plaza
5200 E. Sheila Street
Los Angeles, CA 90040
BY v- -
Its SST. Manager of Contracts
CITY OF CARLSBAD
1266 Elm Avenue
Carlsb d, CA 9200 -1989
BY .~. Its Ma or .*
(Lessee)
,I '-.?, ~~\"r~Bi'EE ,2E j-(J FsRw
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- Lease No.: 150922 - _dY $&%-/a - i - J L
TENANT ESTOPPEL CERTIFICATE
The undersigned ("Tenant") hereby confirms, warrants and represents to North San Diego County Transit Development Board ("Purchaser") the following:
1. Tenant is the lessee under that certain lease (the "Lease"), attached hereto as
Exhibit A, between Tenant and the currently existing lessor under the Lease ("Landlord"), covering the property (the "Leased Property") described therein.
2. The Lease constitutes the complete and entire understanding between Landlord and Tenant, and there are no other agreements, whether written or oral, between Landlord and
Tenant pertaining to the Leased Property. The Tenant has no options or other rights to purchase or expand the Leased Property. Except as expressly provided in the Lease, Tenant has no rights to renew or extend the term of the Lease. The Lease may be terminated by either party upon thirty (30) days' written notice. The Lease has not been amended, modified or supplemented in any way and there have been no assignments of the Lease and no subleases under the Lease, except as follows:
None
3. To the knowledge of Tenant, Landlord is not in default under the Lease. Tenant is not in default under the Lease and Tenant is current in payment of any taxes, utilities, common area maintenance payments, or other charges required to be paid under the Lease by Tenant.
4.
5.
Tenant has no offsets or claims against Landlord.
Landlord has no unperformed obligations to provide to Tenant any work of any
The current rent under the Lease (including escalations and all other charges) is
$50.00 (per year) and has been paid through January 1, 1993. No other prepaid rent has been
paid to Landlord by Tenant. The security deposit paid under the Lease is $0.00.
The above statements are made upon the understanding that they are binding on the Tenant and that the Purchaser will rely on them in connection with the purchase of the Leased Property.
kind relating to the Leased Property.
6.
Dated this 6th day of JANUARY , 19 93 .
Its Mayor
estoppel.275
__ __--- - I&% Nz. @42t . .7 Peturn ta
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sYJ!m. : i’.f2-ilj*i
PIPE LINE LICENSE
Fm la SlsdaId
Approved by &rural %!kitor)
THIS LICENSE, We this Ist w of January -----, 19-77-,
I MI LWAY COMPANY - be*= THE ATCHISON. TOPEKA AND Sm FF,
a De lawar e -corporation (hereinafter called “Licensof) , parQ of the fir& pa& and
--- CITY --- OF CARLSBAD
---__ ----
(hereinafter, whether ?ne or more, cal!ed“licensee“), p& of the eecond part.
agree a8 follows:
One--- and maintain ________----
S&l%-.-inchea in diameter (hereinafter, whether one or more pipe linea, called the “PIPE
LINE”) , acrw or along the right of =aF of Licensor at or near the station of- Carlsbad, -
shown 43- upon the print hereto attached, No. 601-34561-, dated --
--- October .------ 29 z ------ 1976 - -----------, marked “Exhibit A” and made a part hereof.
WITNESSETH, That the partiea hereto for the considerations hereh&m expr& covenant and
1. Subject to the terms and conditions hereinafter set forth, Licenaor Sax,uw~ Liwmee to co&ct
--__
--- { 1 ) pipeIinc;--- ---_
sa* Diego -- ____-- Coun!CaifE&tha exact location of the PIPE LINE being more particularly
--- --__ 2. Licensee ahall usr ’ he PIPE LIS73 solely for carrying-,----- water
---_-__ ----..--.--------- ----_._______ and ahall not use it to carry any other commodity or for any other purpose whstsoever.
Fifty --- and No/100 Dollars ($so,oo> per annum payable annually in advanceo
-- 3. License;? &~II pay Licensor 88 compensation for this license the smp of- -----.
---- - --
------_- --------- ---
4. Licensee shall. at its om cost and subject to the supervision and control of Licensor’s chief en- gineer, locate, construct and maintain the PIPE LINE in such a manner and. of SU& material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In cases where +he Licensee is permitted un- der paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIPE LINE shall be conssucted, installed and there-
after maintained in conformity with the plan2 and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licensee &all, in the judgment of Li- censor, fail to perform properly its obligations under this paragraph, Licelrsor may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad. and in such event Liceneee agrees to pay, within fifteen (15) days after bill shall have been rendered rherefor, the cost 80 incurred by Licensor, but failure on thepart of Licensor tn perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or darpage occasioned thereby.
6. Licensee shall reimburse Licensar for any expense incurred by Licensor for false work to sup port Licensor’s tracks and for flagman to Drotect its traffic ‘during installation of the PIPE LINE and for any and all other expense incurred b;F Liceneor on account of the PIPE LINE;,
6. Licensee ahail at all times indemnify and gave harmless ~cemr lmillst and pay in fa all loss,
damage or expense that Licensor may stlstain, incur or become liable for, zvsdting in any manner from the comtruction, mainmnce, use, state or repair, Qr presence of the PIPE LINE, induding any such foes, damage or eyue arising out of (a) loss or or damage to property, @) injury to or death of per-
SO^, (c) mechamcs or other liens of any character, or (d) faxes or assei3sments of any kind.
7. If at any time Licsnsee ehau faif or refuse to comply with or carry Ont my of the covenanb here- in contained Licensor may at ita election forthwith revoke thie licensa
e six (6) months' 0
8. THIS LICENSE is given by Lkemor and accepted bdlicensee upon the expryy condition kt the same may be terminated at any time by either party upon - ' noticein mttng to be -a upon the other pm, stating therein the date that such termination shall take place, and that upon &e terminatim of this kense in this or any other manner herein prorided, Licensee, upon demand of Li-- aor, shall abandon ke use of the PIPE LINE and remove the aame and restore the right of way md tracks of Licensor ia the aame condition in which they were prior to the placing of the PIPE LINE that+ under. In me Lim &dl fail to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor map proceed with such work at the expenae of Licensee. No termination hereof &dl release Licensee from any liability or obligation hereunder, whether of indem- nity or other-, resulting from any acts, omissions or events happening prior to the date the PIPE LINE is removed and the right of way and track of Licensor restored aa above provided.
9. Ln the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LIST2 is located, or the sale or abandonment by Licensor of said premises, Licenwr sha
not be lieble to Licersee for any damage of any nature whatsoever or to refund any payment made by Lice= a Licemar hereunder, except the proportionate part of 2ny recurring rental charge which nag
have been paid hmder in advance.
10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly sen&
if it be deposited in the United Stab Mail, postage prepaid, addressed to Licensee at:-
Any notics to be @x.n hereunder by Licensee to Licensor shall be deemed to be properly served if %e
same be deposited b the United Stab Mail, postage prepaid, addressed to Liceneor'e
1200 Elm Aveilue, Carlsbad, California 92008.
--
General Manager sf: 121 East Sixth Street
Los Angeles, California ---- 900W --
11. In the evert thst tppo or more partiee execute this insbrument as Licensee, all the covenanta md agreemen3 of Licexi in this license ehaU be the joint and several covenanta and agreements of en& partie
12. -u1 the cornants and proviaions of thia instrumentshall be binding upon and inure to the k& fit of the mccesaora, bgd representatives and a&gns of the parties to the same extent and effect as &e same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licen-
see, its succewors, I& representatives or ass*, or any subsequent assignee, shall be binding upon Licensor *thout tk written consent of Licensor in each htance,
Actached hereto and made a part hereof is Rider "A" identified by
the signature of J, H, Schwartz,
LU WITNESS VHEREOF, The parties have executed thia agreement in duplicate the day and y'ear fht abore written. TE ATCHISON, TOPEKA AND SASTA FE RAILWAY COMPANY (E-)
Approved as to Description: 4
By
- / Its -
1 gL&4+Y @ef Slgineer. <
CITY OF CARLSBAD
I
I BY /Yd, - /(- c c L 7, r,-
''\ ''f&$d?fD hS TO FOX.4 r/ -7 I -
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I '/>:A < c ---- _--_------- + Its
1 b ..$p > If-&.- -
' Assistant Gczerk !'.tt;.:.:;ey
4 (X-)
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'_ 77 '. ,;.: .. .. Janui.:y 1 . - . . - .__ - . - . . - . . - . -.. . . . - *::E.: '5 1 ;::,.:: ;i:,z<"i.,- ::-:.
. .-_ . .. . . ._. . - . . . . .. -, . , 'C : :.:, -:. r:....: I.., _.. - . - - ... . .. ..
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- ... CITY OF Ck-USBAD - ., ; .' - - __ - __ - - __ . . -- _-_ - -. - - -. - __ . - - . - - - , - . - __-. -- - . . -. . . . - . .
1). In CJ~C~ wp,erc '-<;enset is -,c.'d;-o:- $.'A:: :o .<' ''e PI:: , .. , .-,-f;"-.;.] .) . -1 ;., ,,,., ~. , . .
r:.. -~n.f-c.--:~,'$ >J;..,,,L.,r:.. ,
-.?1,,:*'-.+: ' -:?*.,-I., .:it-, ;I;.; P!P: ::!#: thall be co-siru;!e:. fnr:a;:eC e': :-. Lwr'ca- 2ai iway Enginec r i cp ; siccI a: i :-. , . ::,.pi;= _'.: :......:.-;; ;<nr =e1:.., Pcviss: i564. or Specificbt:C- f:r tv.2 9;: I-:? r; 'c-' ' '.?, -k"*!. 2 ISCE. w) i;
14. Any car&, perfs-+.: c'. ~';b-.'.i- i - je dwc :~a : ::ti:'<,:.:. ucrirt-,l;ke canner and in acr:rcer.ce -;:? :.:-: j- I covoricq z*: i.:!s.!.:~.t,.,
braci-.; cr cribkin ,at r*y :? ?,E:~S$:? :I .st -,: shall LC- :?--'''e& . . . -.. ...:. . . saia citns and speclf,caticnr -.eve trr- I;:-:.+: 5. '2
15. Licen:ee or Lici.%te'r cm:ri:::r !.:' -:: D? is-.'.. :.c :?-..-.F :d kcrt 0,. L:ie: Irlr's *iaht of w-1 .:::*rout 1t:dr. : first received wriLLen r,otlficc;i3n frr.7 Llc+-i:r ec: 2' :i-T.iriicn ?? :rr:?+.!,
15. Ar,y ccntrectcr or sub::+:rac::- ,_ -.L.'--'-- . . i work x cr 3 cor.-ec!i:: with the ?!?Z :!::E rial1 for 1C.f :';r~ose cf :?,;: agree:+nt, and particu;rriy tcr :he xr:;re: :f :*:-..:- < Gf :&is t!:-:r.-tr:, be t:xl!.sivelj :cr.-erl :: tc tb Cerv?-: .rn< aqer.: .:'
LIC~~SI? cc:i;j on :tna:i ane .;;a:: :r.s :i::* 0' I-:-. :z-,:r~it:rs
17. Licensee agrees tc fur::$+ I-: iz.i.: :- ':-ce or zr-?-.q to -eve f,.rnlshed ara keep ii 5:r.e insurance of all kir,ds ard e:iL?ts specified belod t.7;r.g :*! ir,it!i' :E- -' _. ::r.strcc-.<:- I- :?e ;lFE i:!E and durin; :e:/ :.:$equiEnt tec: 2r terns c~r-
ir.5 k-:cn ixintensr.ce is pdrf:--ed c-. ::? ?::I :I*,:.
:,' :&c,~?:-~:..ors' eiql:yci-rt icr .icensee. ,:, 1..
(a] The Licccsce s:!li, u!:-. res:<:: :: :-: ::+r3cic-.c -' Y i: rtrfo-s u:m. cercdt: :r 2:'Jccnt tc L;,.+CSC~'S r'c:: of sa,# e:;d!or track. furr.ir> c- Jrrerir :.I -!.? -.-----a- I ._ (i) rc;.';. ::r.:?:c:?rs' P>bi!c L'e>i:':j i.:;rance vi!\ l--i:.s tr e:: I.?:: :ztcl Flve Hundrat itoustr: 2o:lt-s ;:5:: .::: ':- :'? ' ,(?:':'.:,. :;.;i*; c,br. :' tj:{ly i-.:.-.$: :.; ;? death :~'.fcc: :3 that linit for eke- ;erior. C-a "'"'" . __ --'- :7$(>1,:.:-,'
'of I..;. cr rsrr persons i:. ~ne trcitcr: :r c::.--;-:+ : Fr?cert:* ,?:.-.::- '::::;icy :r$
0:' -,;: :;..,s til..," Oil#? :<ill(..n :-.i:e-s '<:.:-,-,: lI!;,-er'~.<*: ',I -.. ;?"+:a I.7
.sbfi *:! 2rc2et'ty. Llie-,ac t-: tll !I$ c:-.,-: 'Cd !l:SL'*a:C; .' ."+I. /. d S\Pl]:%' :'"'.'J Cf :r'__:. ': cd-;>:*.? *!:n II;- :t3;;re.:,a-,:: of t"s $A::!-
*.--';.e :utccntr . '-5 .r'.all ;e*?:= i-,.. i::, . .;*? ' ;r.surc L':t-s~?'% CC-...~;,:..,.:'
! ' .;i:y in f- >f Licensor CC~C;:-C: ic ::
(5) T3e Llctcsee s?.;::. ~i:f re$:<:: :: :-? ::tr?tic-! :: ;.- ;?.) c,' ::s con:rsc?crr :- suz:.:-:ractors ;cc':.rz upu:. ti- ' i.ca:n cr cdjacrnt to Li:Pr,sar's risn: :? -5; :': :- :r::t. fur.';- I-' :-re-% :i -.dve t;rnf+.a' 'r. :i:::,sor's fdvsr 'i'. ,xlicI tr
poltciti of insurance satisfec:?ry tc Lice:$:- '.-.:e i-:!l prG:i:: . ::c$cr a -:es to or ?e!:? ai,pers:.q or xrscns. !ItCLIIDIIG LiCEISCR'S C'!?::'!:S. ::::!':-:: :.. or res:':..:, ir. -h :.:era:toiis cf :?.e Licrr.ste cr t7.7 3f its subcontrectcrs. m or c:-ti;;:.i :: -':+-::r's )r':.:-?-:: tar+:: :icensor's s.r,;!!;tnccj. ,it- 1ini:s jf not less than Five i's-.dred -:ass?-: :::';-$ ':f59.@C:'f f:r , ; cz-,t?ei :q;?rrles :? zr each cf 3,: Frrc. .- ccd subjtct to sxh l$,-!:a:ic, ??? -.':i:- .II - .. :'I (S!.:~~J?.O:': f0.- 2:; 1' :-.ally i-.j,.-f+f to or .:ea?.- of :va or rare perrons in ai:: $-.e dcci:e?,: z- :cc.:-;-:e; and (ti: 31 ':j c- >:ii 'if&ctor:' 1.1 .;censar ~91~'
will :ratect Licensor e$a!cs: :!tt!Ii:: for :r.$;t 1: :- loss i- ccs.-'..c:!c, 5' :-c:etr:;a. !r::;::?; :-::erty ir: :::e-$ar'5 CIW. ccs:of:. or control. occtslo-t: ?y or =s;lt.-;, .- --:'z cr in :?r:, ;-m ::.e cFt-?:fo-.s ni :+e .!cer~cc. it$ coc:*e:..cre. 01' su?. cor.tra::arr (except liabliity iue riielj to ::t-j:- I -+;liv?:$: .: .? il-r'ts 0' Yot ;ess :+:-. :.a ".iI!im kllers '11 ,3r)C,'23C!
far edCi occurrence.
.. ' ._ c til ::?:il:tg ir::',-; r;: :a bodfly
:-:- Tericds ii :-:: :c~:ut.:n-
.._.
..
:f Lce --;: .... .-,. :..-; ,:< - _.._.. . ..
.. .. .
18. Licensee agrees x fcr-!sh cr :r-:-;r :I -9ve fL-.:s*v. :'3 '.':8-,sf- cer:if!cr;ec -s'lc::;!:q the (..s.a*eccd covc?egi
j r?c;--L: :.' :;:::-e~-~ -:? (:> of :ari;-::'. .:. C.:rL',ii?,t*.+; r+flec:;::. cr cicifled copj of jnsuranct :al:c,., fi re:.es:s: rr -.:.?~scr. ts -.I'J:c+T :i s.>22re$re;? 'i: :f ?t.'rqraph :: k*i:f dnd I.-,
fu?zi$*,, 31- arransc to have i,r?fsbr:. t': :-';'-:. :
f:ctt!:n of the insursxe referrei ic in Sc:- :!-:'-.':::zS.
.. .. ,ne c2verape requiwd ty ru3Cira~r€;r :a) $-! : --:.5 tely re:.'-! :.: e:..$ n'r'::en -3:ice -: .:cw!:r cf cdncei:r::sn or ..rr:.-
13. L{cenree shall -:! ke :QF-!;-.:: I: ti(-:'ie :he '':e-:! :-: :trr.'isicn crar.::g *+++J-.%? 'inti1 wrif:ec b: lhc ._ Li:c-.isv thdt ir,sura.irc furisre: x.-1ri-.t :: :t-k;-i:- . nert.:f ': ;::s'.c:or,.
20. This license supersedes sd cancels licenses dated
March 19, 1926, October 14, 1949 ad >larch 16, 1970 designated
in the files of Licensor as contrc.-t, Secretary's Nos, 26671,
' 53919 and 137769 respectively,
f3J I - .-
-
IEXIFISD ' BY pQg-&-
~
* ~L~UATER xwc E.S. 22gF+99.9~ ?4.R 230+II21.7 APPROVED: as to escrip
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Lease No.: 179169
TENANT ESTOPPEL CERTIFICATE
The undersigned ("Tenant") hereby confms, warrants and represents to North San Diego County Transit Development Board ("Purchaser") the following:
Tenant is the lessee under that certain lease (the "Lease"), attached hereto as
Exhibit A, between Tenant and the currently existing lessor under the Lease ("Landlord"), covering the property (the "Leased Property") described therein.
The Lease constitutes the complete and entire understanding between Landlord
and Tenant, and there are no other agreements, whether written or oral, between Landlord and
Tenant pertaining to the Leased Property. The Tenant has no options or other rights to purchase or expand the Leased Property. Except as expressly provided in the Lease, Tenant has no rights to renew or extend the term of the Lease. The Lease may be terminated by either party upon
thirty (30) days' written notice. The Lease has not been amended, modified or supplemented in any way and there have been no assignments of the Lease and no subleases under the Lease, except as follows:
None
3.
1.
2.
To the knowledge of Tenant, Landlord is not in default under the Lease. Tenant is not in default under the Lease and Tenant is current in payment of any taxes, utilities, common area maintenance payments, or other charges required to be paid under the Lease by Tenant.
4.
5.
Tenant has no offsets or claims against Landlord.
Landlord has no unperformed obligations to provide to Tenant any work of any kind relating to the Leased Property.
The current rent under the Lease (including escalations and all other charges) is
$12,992.00 (per year) and has been paid through September 1, 1993. No other prepaid rent has
The above statements are made upon the understanding that they are binding on the
Tenant and that the Purchaser will rely on them in connection with the purchase of the Leased
6.
been paid to Landlord by Tenant. The security deposit paid under the Lease is $0.00.
Property.
Dated this 6th day of JANUARY 7 19 93 .
CITY OF C
BY
Its Mayor
estoppel.269
RETL~RN TO
* e
G. Addresses for Noticcs.
To Lessor:
THE ATCHIZ3N, TOPEKA AND SANTA FE RAILWAY COMPANY
3230 East Imperial Hwy. Suite 100 Brea, California 92621
To Lessee:
CITY OF CARLSBAD
2965 Roosevelt Street, Suite 0 Car 1 sbad , CA 92008-2389
H. Address for Payments to Lessor: Checks payable-to THE ATCHISON, TOPEKA
AND SANTA Ff RAILWAY COMPANY shall be mailed to P. 0. Box 73043, Chicago,
IL 60673.
I. Early Possession: Lessor hereby grants Lessee permission to occupy the
Premises fo- the period August 15, 1989 to the Commencement Date. Such
early occupzncy shal: be subject to all the terms and conditions of the
Lease, inclzding renr. Rent for such period shall be prorated and shall
be due and cayable tc Lessor on or before the Commencement Date.
attached Part 11, and the attached Addendum(s>, Exhibit(s1 and Rider(s>
(hereinafter referred to as "RiderW") are incorporated into and made a
part of this Lease. If there is any conflict between the Basic Lease Terms and the attached General Lease Terms and Rider(s>, the latter shall
control.
J. The + r,-egoing Basic Lease Terms, the General Lease Terms set forth in the
LESSOR :
THE ATCHISON, TOPEKA AND SAYTA FE RAILWAY
COMPANY, a Delaware corporaTion
APmt@-q&q &k\Jp - I
0.rmd By : ' Q eT,A- 1 5
I,-,.- -
__I :b:: ~ Assi.;trr: -. ;,- '- - . . ' 11.4 Title:
LESSEE:
CITY OF CARLSBAD
\
City Attorney Its: NfiY OR
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PART 11. GENERAL LEASE TEPHS
1. PREMISES AND TERM
Lessor hereby leases to Lessee the PrenisEs for the -=rm shown in the Baslc Lease
Terns, subject to the terms and conditions se: forth in --is Lease.
2. USE
Lessee shall not use the Premises for any gse other :Tan that stated in the Basic Lease Terms, and shall not make any alterations to the F-mises except as required for such use. LESSEE SPECIFICALLY ACKNOWLEDGES TPAT THIS IS 4 30 DAY LEASE AND THAT LESSEE HAS NOT RELIED ON ANY REPRESENTATIONS BY ANY ASENT OR EM:'_OYEE OF LESSOR TO THE CONTRARY
IN MAKING ANY IMPROVEMENTS TO THE PREMISES
Lessee shall not permit to be placed on thi Premises ir improvements any sign not
Lessee shall not permit any damage, nuisance or was:: on the Premises. Lessee shall
solely related to the business of Lessee conducted on trt Premises.
40t permit to be placed upon the Premises any gasoline c- any hazardous or explosive material, waste or substance.
subdivision map act and of any environmental impact repo-t required by any governmental body having jurisdiction in the matter.
If any governmental body seeks to impose any conditi:ns on approval of Lessee's use of the Premises, Lessor may terminate this Lease forthwi:? if any such condition will
affect any other property of Lessor or will affect the F-smises after this Lease is no longer in effect.
3. CONDITION OF PREMISES
Lessee, at its expense, shall arrange for the filinc of any map required under any
Lessee warrants it has examined the Premises and accfots the Premises "AS IS, WERE IS" condition with 211 faults and with full knowledge of <+e physital condition, of all zoning and other ' - use laws and regulations affectins :ne Premises, and of the c9nditions, restr
Frami ses.
markers, monuments or maps indicating their existence.
"ions, encumbrances and all matters c- record relating to the
Ther. may be subterranean facilities on the Premises notwithstanding the absence of
2. RENT
Lessee shall pay in advance to Lessor as rental for :le Premises the amount shown as Rent in the Basic Lease Terms at the times payable as SE-. forth therein, without deduction, setoff, prior notice or demand. Upon tenins:-on of this Lease, unless Lessee is then in default, any unearned portio, of the fir-t paid in advance will be rrfunded to Lessee upon Lessee's written deman2 if made *-thin thirty (30) days after termination.
E RENT REVISION
Should the Lease continue in effect, Lesso- shall hzlf the right, on each 27niversary of the Rent Base Date, to increase che Base ;at as further provided berein. Rent for any fractional month shall be proratec Nothing contained herein shall affect the right of either party hereto -0 termins:? this Lease at any time as may bi provided elsewhere herein.
The rental at each anniversary of the Rent Base Date :hall automatically and without prior notice to Lessee be adjusted, upwards oniy, in acc:-dance with changes in the Consumer Price Index to an amount which is equal to the :-educt of (i) the Index (as
defined in Section D of the Basic Lease Terms) for the t--rd month preceding the Adjustment Date (as hereinafter defined), multiplied by ri) the monthly rental payable during the immediately preceding twelve month period, dirTded by (iii) the Basic Index which shall mean the index published for the third month yreceding the Rent Base Date of the previous calendar year. The adjusted rental shall bc rounded to the nearest $1.00.
The rental, as increased, shall be effective as of each rmiversary of the Rent Base Date (the "Adjustment Date"), notwithstanding Lessor's acceptance of a lesser amount and notwithstanding any billing by Lessor for a lesser amoun-.. If, for any reason, the- , rental is not revised at such time as herein specified, -,le rental shall continue to be subject to revision by Lessor without prior notice to Lessee and, when so revised, may be retroactive to the date the revised rental should havo become effective.
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Said new base rent, as so determined. shall be due and payable in acco,rdance wit- Section D of the Basic Lease Terms. In no event, however, shall such n?w base rent :t less than the then current base rent.
Notwithstanding the abovz, Lessor -::<, at any time, upon thirty (30! da;;s' wri'-.- i .: notice to Lessee, revise :he rental the? in effect based upon the fair rental value :. the Premises at the time of such revisim. Nothing in this Section shail be constr-e: as waiving in any way Lessor's statutory right to terminate.
6. SECURITY DEPOSIT
(a) Concurrently with the execution of this Lease, Lessee shall deposit with Lesr;r
the Security Deposit indicated in the Basic Lease Terms as security for Lessee's performance of this Lease. separate from its general funds. Lessee shall not be entitled to interest on such deposit .
Lessor shall not be required to keep the Security Deposi:
(b) If Lessee breaches any provision of this Lease, including, but not limited I:.
the payment of rent, repair of damages to the Premises and the cleaning of the Premiscj upon termination of this Lease, Lessor aay apply the Security Deposit to the payment :: rent or any other sum in default, or to reimburse Lessor for any amount which Lessor ray
spend or become obligated to spend by reason of Lessee's default or to compensate Lesz2r for any other loss or damage which Lessor may suffer by reason of Lessee's default. 1: any portion of the Security Deposit is so applied, Lessee shall, within five (5) days after written demand therefor, deposit with Lessor an amount sufficient to restore the Security Deposit to its original amount.
Deposit or any balance thereof shall be returned to Lessee no la'er than thirty (30) days after the expiration or termination of the Lease.
the Security Deposi t to. an mount specified by Lessor.
(c) If Lessee has fully performed each of its obligations hereunder, the Securit:
(d) Lessor may, upon thirty (30) days' written notice, require Lessee to increast
7. u
.. (a) Lessee shall pay, before the.y. be'come delinquent, all taxes, charges, and assessments which are levied TJpon. or assessed against any improvement or personal property placed upon the Pregises by Lessee.
(b) In addition to the taxes and assessments specified above, Lessee shall pay i: Lessor any privilege, sales, gross income or other tax (not including federal or stato income tax) imposed upon the rent received by Lessor by any agency having the authori:! to do so.
8. ADDITIONAL RENT: INTEREST: LATE CHARGES
this Lease shall be deemed additional rent. If Lessee defaults in making any payment required of Lessee hereunder {other than the payment of Rent) or in perfonning any obligation hereunder which car! be perfoned by the expenditure of money, Lessor may, without obligation to do so, rake such payment or expenditure. Such payment or expenditure by Lessor shall be payable as additional rent upon demand by Lessor.
Lessee ack3owledges that Lessee's late payment of Rent and other SJTX due hereunder will cause Less3r to incur costs (including without limitation process<-; and accounting costs) not conzemplated by this Lease, the exact amount of which will :.$ extremely difficult to ascertain. Accordingly, Lessee agrees to pay Lessor, as additional rent and without further notice from Lessor, a late charge equal to the
Additional Rent. All costs and expenses which Lessee assumes or agrees to pay unzzr
Late Chargef.
greater of $50.00 or 5% of any overdue mount, if such amount is not paid within 10 d;!s
after it is due.
Interest. Lessee 3hall pay Lessor, as additional rent, interest at the rate of te- percent (10%) per annum or at the highest rate permitted by law, whichever is lower, cy all amounts due hereunder from the date due until paid; provided, however, that, excep-. as provided elsewhere in this Lease, interest shall not be payable on any such amount :f such amount is paid within 10 days after the date is is due or, in the case of amounts to be demanded by Lessor, within 10 days after the date OF such demand.
9. UTILITIES
Lessee shall arrange and pay for all utilities, including without limitation. watsr, < power, heat, garbage. comnunications and sewer services. to be used in connection witL this Lease.
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If Lessor contracts with a utility company to provide access for service to Lessee at the Prcnis@$ for lessee's sole use, Lessee shall pay to Lessor a minimum sum of 9250
upon receiot of a bill therefor to partially defray administrative costs.
10. MAINTEPIANCE AND REPAIR
Lessee shall, at its expense and to the satisfaction of Lessor, keep and maintain the Premises and all improvements thereon in good repair and in a neat and safe condition, and shall promptly make all repairs and replacements that may become necessary to the Premises or improvements thereon, whether structural or nonstructural, ordinary or extraordinary.
11. ALTERATIONS
LesseE shall make no alteration or improvement to the Premises without Lessor's prior written consent. All repairs, alterations and improvements to or on Premises shall be property of Lessor, without payment by Lessor of any compensation therefor.
12. LIENS
Lessee shall not commence any repairs (except emergency repairs), changes or alterations on the Premises until fifteen (15) days after Lessor has received notice from Lessee stating the date such repairs, changes or alterations are to comnence. Lessor shall have the right to enter the Premises to post notices of nonresponsibility.
Lessee shall not permit any mechanics' or other liens to be filed against the Premises nor against Lessee's leasehold interest therein by reason of labor or materials furnished to the Premises at Lessee's instance or request. If any such lien is filed against the Premises, Lessee shall cause the same to be discharged of record, either by payment of the claim or by posting and recording the bond contemplated by California
indemnify. hold harmless and defend Lessor from and against any such lien.
13. INDEMNIFICATION
To the ' .ent it lawfully may. -5ssee shall release, defend (with counsel satisfactory to Less-r-1 and indemnify Lessor from and against all liability, cost and expense for loss of or damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of each party hereto) when arising or resul ti ng from:
Civil Code $3143, within twenty (20) days after demand by Lessor. Lessee shall .
(a) the use of the Premises by Lessee, its agents, employees, or invitees;
(b) breach of this Lease by Lessee, or
(c) the condition of the Premises or any part thereof,
regardless of whether such liability, cost or expense is caused or contributed to by the negligence. active or passive, of Lessor.
the termination of this agreement. It is Expressly understood and agreed that the foregoing provisions shall survive
The ten "Lessor," as used in this Section 13, Sections 14 and 15, shall include th6 successors, assigns and affiliated companies of Lessor.
14. COMPLIANCE WITH LAW: ENVIRONMENTAL IMPAIRMENT
(a) In the event the Premises are now or in the future used in generating, hand1 i ng, or trjtnsporti ng of "hazardous waste" or "hazardous substances", Lessee, at its expense, agrees fully to comply with all applicable federal, state, and local laws, rules, regulations, orders, decisions and ordinances regardless of when they become or became effective, (hereinafter referred to as "Standards"), concern; ng "hazardous waste" and "hazardous substances". Lessee further agrees periodically to furnish Lessor with proof, satisfactory to Lessor, that Lessee is in such compliance. In any event, Lessee shall allow Lessor to enter upon the Premises at reasonable times for the purpose of inspection. of this Section, notwithstanding anything contained in any other provision- hereof, Lessor may, at its option, terminate this Lease by serving five (5) days' written notice of termination upon Lessee; but any waiver by Lessor of any breach of Lessee's obligations shall not constitute a waiver of the right to terminate this Lease for any subsequent breach which may occur, or to enforce any other provision of this Lease. Upon termination, Lessee shall be governed by the sections of the Lease regarding Lessee's surrender of possession of the Premises.
Should Lessee not comply fully with the above-stated obligations
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(b) Hotwithstanding anything c?ntained in the liability sections hereof, in case of a breach of the obligatiors contained in this Section, or any of them, reoardless of the negligerze or alleged negligence of Lessor, Lessee aarees to
injuries to my- person anc damage to property, including without limitat.cn, employees and property of -essor and Lessee and all related expenses, inc:uding without limitation attorneis' fees, investigators' fees and litigation expenses, resulting in whole or in part from Lessee's failure to comply with any Standard issued by an! governmental authority concerning "hazardous
substances" and/or "hazardous waste". Lessee, at its cost, shall assume the defense of 311 claims, suits or actions brought for damages, and fines or
penal ties .-reunder, regarcless of whether they are asserted against Lessor or Lessee. Lessee also agrecs to reimburse Lessor for all costs of any kind incurred as a rcsult of the Lessee's failure to comply with this Section, including, bclt not limited to, fines, penalties, clean-up and disposal costs,
and legal costs incurred Ej a result of Lessee's generating, handling, transportin?. treating, sriring, or disposing of "hazardous waste" or "hazardous substances" on :he Premises.
(c) Should any discharge, leakage, spillage, emission, or pollution of any type
assume liabi'it~ for acid :? save and hold harmless Lessor from and again:: all
occur upon or from the Prenises due to Lessee's use and occupancy thereof? Lessee, at its expense, st's11 clean a11 property affected thereby, to the satisfaction of Lessor (insofar as the property owned or controlled by Lessor is concerned) and any governmental body having jurisdiction thereover.
It is understood and agreed that a Lessee who does not now, or in the future, generate, handls, transpor:, treat, store or dispose of "hazardous waste" or "hazardous substances" within the meaning of this Section, is not subject to
(d)
the provisions of Subsection (b) supra.
(e) Lessee shall not use or permit the use of the Premises in any manner that will tend to create waste or neisance. In using the Premises, and in constructing, maintaining, operating and using the Improvements thereon, Lessee shall comply with any and all requirewqts imposed by federal or state statutef, or by ordinances, orders or regu'ations of any governmental body having jurisdiction 'therFover, inclcding, but Tot limited to, building and zoning ordinances, restricting cr regulating r?r prohibiting the occupancy, use or enjoyment of the Premises or reaulating the character, dimensions or locations of any improvements on the Premiscs. Should any governmental body having jurisdiction
in the matter require Lessor to dedicate, restrict or otherwise encumber any portion of the Fremises, or any of its adjoining property, as a condition to approval of Lesseels use of the Premises, Lessor may, if said condition is unacceptable to Lessor, teninate this Lease. Lessee covenants to properly notify Lessor accordingly should any of the above occur.
15. INSURAIICE
While this Lease is 'n effect, Lessee shall, at its expense, maintain and furn;sh evidence of insurance wr:tten through an insurance company having a Best's rating cf B + 13 or better and licensed to do bus;ness in the state in which the Premises are located, meeting the requirements stated belcw in form satisfactory to Lessor, for each of the followiiig types of insurance in amoSJnts not less than the amounts shown on the Basic Lease Terms:
A. Comprehensive 9""eral liab'lity insurance or commercial general liability insurance on an occurrence basis wh'ch provides for the following:
insurance 4ich may be in effect.
of other insureds.
Such insurance shall not be modifiable or cancellable without 30 days' prior written notice to Lessor (except in the case of cancellation for nonpayment of premium in which case cancellation shall not take effect until at least 10 days' notice has been given to Lessor). This provision is hereinafter referred to as "Notice of Modification or Cancellation".
(1) Such insurance shall bs primary, without right of contribution from other
(2) Such insucance shall not be invalidated by the acts or omissions
(3)
(4) Lessor shall be named as additional insured.
(5) Contractual liability.
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(5) Premises/completed operations, and persona: injury endorsements.
(7 I Severabi 1 i ty of interest clause.
(5) In the case of commercial General liabilit, insurance, the policy must
also provide for aggregate coverage at eac” location and for reinstatement of the aggregate in the event the limits o< the policy are exhausted.
Comprehensive automobile liability insurance wh’ch provides for the following:
(1) Such insurance shall be primary, without rizht of contribution from other
6.
insurance which may be in effect.
Such insurance shall not be invalidated by ‘.he acts or omissions of other i nsureds.
(31 Notice of Modificati,on or Cancellation.
(4) Lessor shall be named as additional insurec.
(5) Severability of interest clause.
(2)
C. Workers’ compensation insurance which shall cover all persons employed by
Lessee in the conduct of its operations on the Premises sqd shall provide for the fol 1 owing:
(1) Waiver of subrogation against Lessor.
(2) Notice of Modification or Cancellation.
(3) All states endorsements.
(“1 Coverage for Longshore and Harbor Workers Act, if applicable.
D. Enoloyer’s liability endorsed to provide for Not’ce of Modification or lance1 1 at < - _. and wai.ver of subrogation agai nst Lessor.
agregate IS exhausted, the excess coverage will drop doh? as primary insurance and will provide for Notice of Modification or Cancellation.
representative of the insurer or insurers or a certified copy of the policy or policies
shall be furnished to Lessor prior to the Lease Comnencewnt Date and no later than thirty (30) days prior to expiration of any insurance policy. In the event Lessee fails to comply with this requirement, Lessor may, but shall noi be obligated to, obtain such insurance and keep the same in effect and, upon demand, LEssee shall pay to Lessor, as additional rent, the premium cost thereof.
16. TERMINATION: SURRENDER OF PREMISES
E. . : umbrella or excess liability insurance will orovide that if the underlying
Either 2 properly completed certificate of insurance executed by an authorized
Upon termination of this Lease, Lessee shall leave thz Premises in a neat and clean
condition, satisfactory to Lessor and free of all Lessee’s personal property.
Under Section 11 hereof, all repairs, alterations and improvements made by Lessee shall be the property of Lessor. However, Lessor may, by .written notice, require Lessee to remove any such alterations and improvements from the ‘remises and to restore the Premises to their original condition (normal wear and tear excepted) prior to
termination of this Lease. If Lessee fails to do so, Lessor may perform such removal and restoration in which case Lessee shall pay Lessor within thirty (30) days after demand therefor (1) an amount equal to the Rent (as in effect immediately before
termination) for the period during which such removal is accomplished to compensate Lessor for the loss of rent to Lessor resulting from the unavailability of the Premises
for leasing to another tenant during such time and (2) the cost of removal of such improvements. Lessor will use reasonable diligence in the removal of such improvements.
obligation hereunder resulting from an event which occurred before termination.
17. CONDEMNATION
Termination of this Lease shall not release either party from any liability or
If all or part of the Premises is acquired by eminent domain or purchase in lieu thereof, Lessee shall have no claim to any compensation awarded for the taking of the Premises or any portion thereof, including Lessee’s leasehold interest therein or to any compensation paid as severance damages, or for loss of or damage to Lessee’s
improvements.
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18. DEFAULT
Lessee shall be in default hereunder if Lessee fails to pay the rental or to make sny other payment required to be made by Lessee hereunder within three (3) days after
-ritten notice by Lessor or fails to perform any other term or condition of this Lease *ittiin fifteen (15) days after written notice by Lessor or abandons or vacates the >remises.
remedies it may have at law or equity, terminate this lease forthwith.
19. ASSIGNMENT. SUBLETTING
If Lessee is in default hereunder, Lessor, may, in addition to any other
Lessee shall not assign or encumber or transfer its interest in this Lease or in the
"remises, in whole or in part, or sublease all or any part of the Premises without Lessor's prior written consent, which consent may be given or withheld for any reason
*hatsoever.
10. DISPOSSESSION
If Lessee is lawfully deprived of the possession of all or any part of the Premises "y a party other than Lessor, Lessor may, upon receipt of notice from Lessee setting forth the circumstances, either install Lessee in possession of the Premises or
terminate this Lease and refund to Lessee the pro rata amount of any prepaid rental for
the unexpired term of this Lease after receipt of such notice. Lessor shall not be liable to Lessee for any loss, damaae or claims resulting from such deprivation of
oossession.
21. NOTICES
All notices shall be in writing and shall be deemed to have been given when delivered personally or deposited in the United States mail, registered or certified, oostage prepaid, and addressed to the party to whom the notice is directed at the
zddress set forth in the Basic Lease Terms. Payments to Lessor shall be made at the
zddress for payments set forth in the Basic Lease Terms. Either party may change the zddress for notices or Lessor may change the address for payments by giving the other
oarty notice to that. effect.
22. ATTORNEYS' FE- ~
If either party brings any action against the other to enforce or collect any sum
due undfr this Lease or if Lessor brings an action for unlawful detainer of the
Jremi ses , the 1 osi ng party shall pay the reasonable attorneys' fees of the prevai 1 i ng
oarty in addition to the judgment and court costs.
23. LESSOR'S RIGHT OF ENTRY
Lessee shall permit Lessor and the agents and employees of Lessor to enter into and
If nonresponsibility, or exhibitins :he Premises to prospective tenants or buyers.
24. NONWAIVER
!pori the Premises at all reasonable times for the purpose of inspection, posting notices
Lessor's failure to enforce or Exercise its rights with respect to any provision iereof shall not be construed as a zaiver of such rights or of such provision.
Acceptance of rent or any other sum shall not be a waiver of any preceding breach by -essee of any provision hereof, regzrdless of Lessor's knowledge of such preceding
>reach at the time of acceptance of such rent.
25. TIME OF ESSENCE
Time is of the essence of each provision of this Lease.
26. ENTIRE AGREEMENT: AiENDMENT
lease of the Premises and supercedes all prior agreements, communications, and
representations, oral or written, express or implied, since the parties intend that this be an integrated agreement. This aoreement shall not be modified except by written
agreement of the parties.
This Lease sets forth the entire agreement between the parties with respect to the
-
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27. EXISTING FACILITIES
Lessor hereby excepts and reserves the right, to be exercised by Lessor 2-d by any others who have obtained or may abtain permission or authority from Lessor sc :o do, to
(1) operate, maintain, rev-cw and relocate any and all existincj pipe, trsck, power and communication (inciuding without limitation fiber optic) lines E-d appurtenances and other facilities of like character upon, over or c-der the surface of the Premises: and
(2) construct, operate, maintain, review and relocate such additional facilities of the same character as will not unreasonably interfere with Lessee's -se of the Premises as specified in Section 2 of the General Lease Terms.
Any such construction, operation, relocation or maintenance shall not be :one at Lessee's expense unless such work is requested by Lessee or done for the bens'it of
Lessee.
28. NOISE FROM TRAIN OPERATION; 3ARRICADES
Lessee hereby recognizes and acknowledges that railroad tracks are locatec on or adjacent to the Premises.
The term "Lessor" as used in Sections 13, 14 and 15 of the General Lease Terns and
in the next paragraph shall include any railroad company operating on such tracks.
Lessee recognizes that the operation of trains over the tracks does and w-11 produce noise levels which may be considered objectionable by the employees, agents, :enants, or invitees of Lessee. Therefore, Lessee agrees that no legal action or complaint of any
kind whatsoever shall be instituted against Lessor on Lessee's behalf as a rcsult of such noise levels and to indemnify and save harmless Lessor against any loss. damage, liability or expense either mial-t incur as a result of such action being take- by Lessee's employees, agents, tenents or invitees.
Lessee, at its exoense. shall install and maintain barricades, fences, anc fence Gates as shown on Exhibit A.
I
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ADDENDUM TO LEASE DATED JULY 27, 1989
BETWEEN
THE ATCHISON, TOPEKA & SANTA FE RA1LN;Y COMPANY, AS LESSOR
AND
CITY OF CARLSBAD, AS LESSEE
Section F - Part I (Basic Lease Terms) of the Lease is hereby partially
modified as follows:
Lessee represents to Lessor that Lessee is self-insured. Lessee shall
provide Lessor proof of such self-insurance, acceptable to Lessor, prior to
entTy onto the Premises.
INITIAL L.2 \: 7 INIl x 4,
3 56 vT'Q-- Vu
EXHIBIT. "A"
ATTACHED TO CONTRACT BETWEEN
AN@
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPA'dY
CN2-Y UK C&kLS&PQ4Q
&JWA>
TOPEKA, KANSAS SCALE: 1 IN. TO loo, FT. h! GL -e&?=&?&- - - C HIF E NG IN E E R
CA///O/ rJlA DIV. DESCRIPTION APPRC.'E D
J.? &l&GO SUB0 IV .
--
-
&2777U//AL
t/r/ F.LLJP 7u4
I
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A 5/7/ tU/7M/d///G j ?
/? 350 5Q. A27 A=
SHdrJd N6k.EOd A/
SH/D.E49 ARKA -
A7 CH!LS45WD,
SA& &7/&CO Cu&w74
cAL/-oAM2w C.E. DRAWING NO. 1 - ./di'y/
DIV. DWG. NO. DIV. FILE NO. G.M. FILE NO. /.-oJ~J - r-p
Ard
5i:ca WI S Cc:d!ra:t No, 3 /,3 .,.L
RETW FE
Secretary, The A.T. 8, S.F. RY. CO. Topeb Form 722 Std.
Locat: 2 xi LOS Angeles (8rea) , Date ,,_ P -3 4- BP
File No. 1 - L-/73& 8 To: M. W. Prosser
Secretary and Treas-rer, Topeka (3)
Enclosed for filing and distribution are Santa Fe Original and fficient
copies of Agreement with > e& d @&UOc, cd
Description : %:A- / CLL QTu-em.---t
I L/
Division: -- Dated: 7 9- Effective: 7 / By
Class: Bent: Frequency:. ; - /I- This corremondence* pertains to Contract Bo.
- 2, Provides for termination of Contract(s) - 3. Provides for assigfnnent to - 4. Provides fzr increase in rental to $ , effective
- 5. Re-classify to
- 6. - 7. Enclosed iz.surance is new.
- 8. Enclosed F7surance replaces Certificate WO.
:ntract czLls for insurance and it Will be forwarded later.
with that expires
should be - 9. Contract 6:. , Sub No.(s) - h - & -
rezaoved f r:n expiration record.
(date) - 10. Expiration record should be'made for
11. Please cancel Contract No. with -
at effective -
// - 1 22. Other comneqts: P~YC .$L- A Fu ebyw
JJ &"s Ct.e4-, / /9BE \
Note: Please posk-the assigned contract number or supplement reference on
the attach& copy of Form 722 Std. and return to this office for
completion of our records.
This form requires nanual signature.
,
cc :
CL17/0058P
W -- 0
L-47 32
1101s
SUPPLEMENTAL AGREEMENT made as of September 9, 1989, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY, a Delaware corporation ("Lessor") and CITY OF CARLSBAD, a body corporate and politic ("Lessee").
RECIT.! -5 :
Lessor and Lessee are now parties to a Lease dated July 27, 1989, Contra:r No. (pending), being hereinafter called "Original Contract", for the
as a s'ie for public parking.
hereint=ter provided.
AGREEMEUT:
use ~f 2 portion of Lessor's property located at or near Carlsbad, California
The parties hereto desire to modify the Original Contract as
It is mutually agreed that, effective September 1, 1989, the Origlnal
Section B, Part I of the Basic Lease Terms is revised to change the Lease "Conencement Date" to September 1, 1989.
Except as herein amended and supplemented, the Original Contract
IN WITNESS WHEREOF, the parties hereto have executed this
Contra.: is hereblr changed as fol lows:
sball rrmain unchanged and continue in full force and effect as written.
Supplewntal Agreement in duplicate counterparts as of the day and year first above ~-i tten.
THE ATC-ISON, TOPEKA AND SANTA FE CITY OF CARLSBAD RAILWA) 2OMPANY a Delakzre corporation
-- BY r3J= 1-
Ti tl e Ass*stb - 2-
* ~- -. - , L.; ... Zb .d
-LESSOR- -LESSEE-
I
General Attorney
-
e
SAMlA FE
IW31.59A
Form 722 Std.
Location Lcs Angeles (8rea) . Date /d -2 - - 8 7
f! - 4 'd/
-3 '7:H G9
File No.
To: M. W. Prosser
Secretary and Treasurer. Topeka (31
Enclosed €or filing and distribution are Santa Fe Original and sufficient
copies of Agreement with
/I7 ?/1& 7 4 d
v32dQJa", ,rA
Description: i 2 a L \
Dated: 7.2 7- g7 Effective: 9 - /-88 Divisfon:
Class : Bent: *boo Frequency: 1.7
- 1. This correspondence pertains to Contract NO. - 2- Provides €or termination of Contract(s1
- 3. Provides for assigmaeat to
- 4. Provides for increase in rental to $ , effective
- 5. Re-classify zo
- 6. - 7. EncLosed insJrance is new.
- 8. Enclosed inwrance =laces Certificate No.
I'(Tp- - 7 )
Contract calls for insurance and it will be forwarded later.
with that expires
& & should be - 9. Contract 110- , Sub No*(s) - - -
removed frm expitatlon record.
10. Expiration ~pcord sharld be made for
11. Please cancel Contract NO- with
(date2 -
-
at effective .
- J' 12. Other comenzs: ,& 5 &U&JWh
Note: Please post the assigned contract number or supplesaent reference on
the attach&-copy of Form 722 Std. and return to this office for
completion of our records.
This form requires manual signature. R. I?. Fields
\
cc :
CL17/0058P
0 W
days after nziification in writing that repairs tre zscessary, Lessor may make such repairs
LO ti:?% Pre2:ise.s and Lessee-O.med Improve=ents as Lessor deems necesszry to maintain them F=
a clsan, s:~:.z1yl sanitary and good condition art Lessee agrees to promptly reimurse Lessor for the cost 2: such repairs upon receipr of bill thtrefor.
..
11. LITILITIES
(Lj Lessee shall pay any and all charges.for water, gas, sewer, heat, light,
po.zler and, telaphone service and all other services s-pplied to or used on Premises or avail. Ale, assesse5 CI: taxed to Premises. Lessee agri?es ihat Lessor shall not be required to furnish to LEssee. ariy water, gas, sewer, heat, light, power or telephone service or any oL>.er facilities, equipment, labor, materials or senices of any kind whatsoever.
(b: If any utility company requires 2 license or permit from Lessor to cross pro perty of Lesc5rI other than Premises, before the aforesaid services will be provided, Less€
shall pay to lessor the bum of One Hundred Fifty and! No/100 Dollars ($150.00), or such othe
processins exn such license or permit.
SSI as Lesscr nay from time to time put into effect, to cover the expense of preparing and
12. FENCE
Lessee shall, at Lessee's expense, coistrict a fence or barricade, of a type ap- proves in writing by Lessor, along the boundary liner of Premises addoining other property of Lessor. . . .-
, ..^ . z
13. FIRE HAZAFd SAFEGUARDS
Lessee shall at all times use and occ~py ?remises in such manner and shall adopi such safeguarss as will minimize fire hazard to the fullest extent possible consistent wit1
the we of Pranises specified in paragraph 7 hereof. ..
14. ZNDEMNITY
(5: Lessee agrees to indemnify and save Azmless Lessor- against all loss, dm& or eqense which Lessor may svstain, incur or become liable for., including loss of or damac to progerty or :njury to or death of persons and fines or penalties imposed upon or assess agaipst'lessc,:- -rising in any mariner out of:
(1) The use of Premises by Lessee, its employees, patron$, licensees and invitees;
(2) Any breach by Lessee of the terms, covenants
or conditions herein containeC;
(3) The construction, maintenace or location on Premises of Srnprovements, ctifity lines or services; or
(4) The sole or contributing ccts or czissions of Lessee or the employees, scents, patrons or invitees of Lessee in, on or &out Premises or Improvements.
(b; Upon written request by Lessor, Lessee shall assume the defense of any sui or action bro-ght against Lessor, its agents or aplcyees, alleging any claim for loss or dzqac- hereunezr , and Lessee shall pap. all expense, kcluding attorneys' fees, incurred by Lzssee and/or Lessor in defending and settlinc; all claims and liabilities against whick it indemnifies Lessor hereunder. -
15. LIENS <
Lessee shall promptly pay and discharce my and all liens arising out of any cc structton, alterations or repairs done, suffered or permitted to be done by Lessee on Premises and/cr Improvements and shall indemnify Lessar against any loss incurred by Lessc on account of such.liens. Lessor is hereby authorized to post any notices or take any otl
attachment of any such liens to Premises; provided, however, that failure of _Lessor t.p tal my such action shall not relieve Lessee of any obligation or liability under this paragri
15 or any other paragraph hereof.
action upon o!: with respect to Premises that is cr my be permitted by law to prevent the
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16. SIGNS
Without the l.-:L=;en consent of Lessor, Lessee shall zcz place nor permrt to be placed on Premises or I;r.;r3vcmints any sign not solely for the ;-r?ose of advertising Lessee's business condbcr-.-d oil Premises. Upon request by Lesscr, Lessee shall munediately remove any sign or decorecron which Lessee has placed or permitzaf to be placed in, on or &out Preiruses or Improvsents which, in the opinion of Lessor, 1s objectionable or offen- sive. If Lessee fails tc make such removal, Lessor may enter Prexises or Improvements and remove said sic- or decorttion at Lessee's expense,
17. EVICTION
In case of eviztion of Lessee by anyone owning or clzhing title to or any in- terest in Ptemises, Lesscr shall not be liable to Lessee for da9e of any nature whatsoeve or to refund any rental ;sLd hereunder, except the proportionat? ?art of any rental paid ir
advance.
18. ASSIGNMENT
Lessee shall >at assign this lease without first obtrining Lessor's written ap- proval therefor.
19. SUBLEASE
Lessee shall r.ct sublease Premises or any part thereof without first obtaining
Lessor's written approval therefor.
20. TERMINATIO!;
(a) This 1Qase nay be terminated at any time by either party hereto servin thirty (30) days' writter. notick of termination upon the other Gzrty stating therein %e date such termination shall take effect. Upon the expiration 05 the time specified in SUC notice, this lease and 211 rights of Lessee hereunder shall absolutely cease and determine
(b) Upon t--zi.7etion of this lease in any manner provided herein, Lessee shall remove from Premises, at Lessee's expense, any Lessee-owned improvements and appurtenances including all trade fixtxres, personal property, utility lines, ?wing, foundations and any and all debris, leaving Premises in a cleared and reasonably level condition satisfact
to Lessor. If Lessee fAils to complete the removal of said improvements and appurtenances within thirty (30) days rfter termination of this lease, Lessor shall have the option, to exercised in writing at ay time thereafter, to either:
(1) Perfon such removal and clear Premises for t?e account of Lessee and in such event Lessee shall reimburse Lessor for all costs
so incxrred within fifteen (15) days after rendirron of bill therefor; or
(2) Take ezd hold said improvements and appur- tenancts as its sole property without com- pensarion to Lessee, and in such event Lessee shall be relieved of the obligation to rerave or pay for removal of said improve- ments and appurtenances.
21. NOTICES
~ll notices tobe given hereunder shall be given in vriting, by deposxting sami in the United States mail duly registered,or certified, with postage prepaid, and address1
as follows:
Lessor 2t: 121 East Sixth Stre, nf
Los A-?geles, Califcrnia 90014
- .- Lessee zt: 1200 Elm Avenije . Carlsbad, California 92008
or addressed to such other address as the parties hereto may fro= time to time designate.
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22. BAYKRUPTCY
15 Lessee should &_=one insolvent or fail i:. business, or :.ake an aSSiqUaent for the benefit of creditors, the:. ~essor may, at its o?Ci.c:., terninate =his lease upon five
(5) days' written notice.
23. FORFEITURE FOR DZFAULT
If any rental iiereLTder shall be due and un+id, or if delault shall be made in
my of the covenants or agreezents of Lessee herein contained, or in case of any assignment
or transfer of this lease by orreration of law, Lessor nay, at its option, terminate this lease by serving five (5) days' notice in writing upon Lessee or serve notice in writing
vice and if Lessee fails to do so, the lease will be demed forfeitez and terminated: but
upon Lessee notifying Lessee to cure any default or defzults within five (5) days from ser-
my waiver by Lessor of any default or defaults shall not constitute B wavier of the right
to terminate*this Lease for any subsequent or continuing defaillt br eefaults.
24, HOLDOVER
If Lessee fails to surrender Premises to Lessor upon any termination of this lease, all the liabilities and obligations of Ikssee hereunder shall continue in effect until Premises is surrendered. No termination hereof shall release Lessee from any lia- bility or obligation hereunder, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination, or date of surrender if it be later.
25. ATTORNEYS' FEES
If Lessor commences an unlawful detainer action or any othar action against Lessee to enforce any obligattm arising under the terms and provisior.s of this lease, or
against any subtenant or assiF.ee of Lessee using the Premises, Lessee shall pay all court costs and reasonable attorney's fees associated withauch action..
26.. CONDEMNATION
In the event all or any portion Of the leasea Premises sha.11 be condemned for
public use, Lessee shall receive compensation only for the taking and damaging of Lessee's 1mprovemen.ts. Lessee shall have no claim to any compensation awarded for the taking of the Premises or any portion thereof including Lessee's leasehold interest therein or to any compen.sation from a sale of the Premises or any portion thereof by Lessor under threat of condemnatfon.
2 7. WAIVER
No waiver by either ?arty hereto at any time of any of the terms and conditions of the lease shall be deemed a waiver at any time thereefter of the swe or any other terms or conditions hereof.
28. TLME OF THE ESSESCE
Time and spscific performance are each of the essence of tnis lease.
29. HEADINGS AND TITLES
The headings and titles to the paragraphs of &&.is lease are not a part of this lease and shall have no effect upon the construction or interpretation of any part of this lease.
30. PUBLIC ECORD
It is understood and agreed that this lease shall not be placed of public record.
31. AMENDMENT OF LEASE
It is agreed that this iease sets forth all of the promises, agreements, congi- tions, inducements and understandings-between the parties relative to the PremiSeZand ' there are :no promises, 'agreements, conditions, understandings, inducements, warranties or representations, oral or written, expressed or implied, between them other than as herein set forth and this agreement shall not be modified in any manner nor shall any provision
be waived except by an instrument in writing executed by duly authorized representative of the parties.
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32. BINDING
All the covenants and. agree?s-.=s of Lessee herein contained shall 3s binding upon
-.. -,e heirs, legal representatives, Successsrs and assigns of Lessee, and shall -nure to the
:er.efit of the successors an6 asslqns cf Lessor.
IN WITNESS WHEREOF, ais lease has been duly executed in duplicate 3y the partie
>-ereto as of the day and year first &ox-= written. ..
TE?? ATCHISOX, TOPEFA AhJD SFNTA FE RAILWAY COY!&T
(Lessor )
BY
Its
CTT (3:. raRT,CRAn (Lessee)
BY YMCA*
Its MA vo r
<
- ._ - ,
-6-
w EXHIBIT “A‘
ATTACHED TO CONTRACT aETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
C\TY OF CARCSOAD
LOS ANGELES. CALIF J. G FRY
MRY \7, 1976 k G.M - ENGlKERlNG
SCALE 1 IN.TO 100 FT
---
scoNT)iDo JCU NEXT
L,,
WASHtNGTON
-DESCRIPTION-
A RECTANGULAR SHAPED PARCEL OF LAND CONTAIN\NG
O.UU23 ACRES SHOWN OUTLlNED SHADED. -- &
DlV FII F NO
0 e
Lease No.: CL-57016
TENANT ESTOPPEL CERTIFICATE
The undersigned ("Tenant") hereby confirms, warrants and represents to North San Diego
County Transit Development Board ("Purchaser") the following:
1. Tenant is the lessee under that certain lease (the "Lease"), attached hereto as
Exhibit A, between Tenant and the currently existing lessor under the Lease ("Landlord"),
covering the property (the "Leased Property") described therein.
The Lease constitutes the complete and entire understanding between Landlord
and Tenant, and there are no other agreements, whether written or oral, between Landlord and Tenant pertaining to the Leased Property. The Tenant has no options or other rights to purchase
or expand the Leased Property. Except as expressly provided in the Lease, Tenant has no rights
to renew or extend the term of the Lease. The Lease may be terminated by either party upon
thirty (30) days' written notice. The Lease has not been amended, modified or supplemented
in any way and there have been no assignments of the Lease and no subleases under the Lease,
except as follows:
2.
None
3. To the knowledge of Tenant, Landlord is not in default under the Lease. Tenant is not in default under the Lease and Tenant is current in payment of any taxes, utilities,
common area maintenance payments, or other charges required to be paid under the Lease by
Tenant.
4.
5.
Tenant has no offsets or claims against Landlord.
Landlord has no unperformed obligations to provide to Tenant any work of any kind relating to the Leased Property.
6. The current rent under the Lease (including escalations and all other charges) is
$17.74 (per year) and has been paid through October 16, 1993. No other prepaid rent has been paid to Landlord by Tenant. The security deposit paid under the Lease is $0.00.
The above statements are made upon the understanding that they are binding on the Tenant and that the Purchaser will rely on them in connection with the purchase of the Leased
Property.
Dated this 6th day of JANUARY
BY
Its Mayor
estoppel.204
0
LEASE OF LAND (Short Term)
THIS LEBSE, Made 89 of the .............. I!& ................................. day of ............. .o.C.O.b..... ................ ~~~~~-., ig--53--
a __-.. ...... ........._. ........ ..hLlStIS ............................................................... _____________.corporation (hereinafter called “hd~
between-. .~~~4T.~I-s~~-,..TOP-~K-A~-.~~..S.~~T~~--.~--HQI~~-Ay..C-~Xhy, .................................................... ______._ ...
and.. ....... -:.e: pT?y ........... OF ChRT_sSAD ..................... ............................................................. ...._.... ....................................... ...._..-..._..__.. ..
. .............................................-........... ...--_-....-.......-..................................................................................................................
(hereinafter, whether one psrty or more, called “Lessee”),
foilom :
.. WITNESSETH, That tlic partics hercto for the considerations. hereinafter expressed covenant and +,&e -
.- . , .... .- .. - -..
1. Lwm hereby Iw to Lessee, subject to the rights and easements hereinafter excepted and ~~md:~~
_____________.______ . ---.__ Gm.l.s-:a-.- ......... ........................., county of --------.- -sxQi-egs?*- ...... ......................................-...--.
State of _____ -----c-d&fOr.C!b .............. ~-.~ ................. :i ........ ;.... -.-.-, outlined in red coloring on’ the print he& atte0he
upon the terns and cociiitions hereinafter set forth, the land (hereinafter called “Premises”) situated at+ ne
Weber ................... 8 ’ 1953. .. ............... ........................................................ ....... No..Ldd,%&6 ---.---------.--., dated. ______ = *--. X i i ......._..._.
marked ‘TkhiM AJJ and made a part hereof, for a term beginning OIL --.--____-.-__.___ !k@!?X& -.--.-----------, ig->A and ending Waen this lease shall be terminated as hereinafter provided.
2. Lesscn hei-eby excepts and reservea the right, to be exercised by Lessor ‘and by any others who have obtain or may obtain permission or authority from Lessor so to do, (a) to operate, maintain, renew and re1-b my 81 all existing pip, power, and communication linea and appurtenances and other facilities of like character upon, ov or under the dace of the Premises; and (b) from time to time to constmct, operate, maintain, renew and EI~ such additiod facilities of the same character as viM’not umeasbnably interfere with the use of the Premises 1 Lessee for the purpose : .-ciEed in paragraph 6 hereof.
3. Lessee shall pay to Lesgor on or before the firat day of each period of one year during the continuance ab ff
.
_. lease as rental €or the use of the Premises for such period, ad --- the*e&,%-t* tkrm_-- .--i-- - ----- ---. .- - ..................... : -_-____-__-__---------- .. L..... ................ ....- ................... l3aara ($ ...---------
For. the.p~ofthislesse.th~-fairrentslvslue-o~-the~~ises-at-~~ -
._1_____1_____-___...__I____._______._..__.___.___._I._ ................ ---.------..---..-______I____._.__.__ .-Dollars (0 -_.....____
and the initial rental shall be...~e..:~. .................................................................................................
................................................ doll^^ (8 .. lr-~...1.....~...rr...rr.) pcr annum. Such fair rcntal vaIue shall be increar from time to tke by the amount pf any governmental charge or assessment (except general property taxes) payal on account of or in respect to the Premises for the.construction of public improvements.
4. Lessee covenants and marrants that Lessee either owns, or has obtained from the owner or owners then the right to use, any improrements now on the Premises shown or described on said Exhibit A as “Lessee’s Exis4 Improvements” Such improvements, if any, together with any other improvements hereafter placed upon 1 Premises by or for account of Lessee are hereinafter called “Improvements.”
5. Lessee shdl pay before the same become delinquent all taxes, charges, rates, and assessments which fzu during the tern of this leas, be levied upon, or Sssessed against, or be equitably chargeable to or assessed in resp of the Irnprovunenb; and where any such tax, rate, charge, or assessment may be embraced in the general mot of taxea charged upon the Premises separately or in connection with other property of Lessor and Lessor sbaLl F all of said taxes, then Leseee shall promptly repay or refund to Lessor the amount or part of the tax, charge, mte assessment eq+StabIy or fairly apportionable to thb Improvements.
6. &&aJ me the Prim& exclGvely k a si& for.-~~k~~:-~~-~o~~~-~~ _____ i ____ - _____.-__ :id
.
.. - ........ __-._ .__. .... 1--. -.--.-- .---.+
-
___________-___.______________._----..-.-..-.-....-.---.-----.-------......---.----.-..--...--....-.---..-------.-...-..--.--.------- *-.------ ...
7. Imsset afiall keep ad maintain the Premia- and Improvements & such safe, sanitary,-and sightly cadit
as shall be safikfadory to ko.rj and, if -required by-Lessor,.shaU p&t the Impmvements,Wi-& ~Sints Qf a ec approved 6y rgsOr; and if Lessee fails or refuseSwithin fifteen (15) days after receipt of any request by Le$sbr.sc do, Lessor may,. at its bption, perform such work; and -in such event Lessee shall within thirty (30) daya rendition of baB- therefor reimburse. Lessor for the!cOst!so incurred. ....
0 e
8. In wing the P&-es, and in constructing, maintaining, operating 3nd us& the Improvements there:= Lessee shall comply with my and all requirements impass by federal or state statutes, or by ordinances, ord+,s or regulatiollj of any gov-t-pmental body having jurisdiction thereover. In the event the Premises or Imprp:+ ments shall be wed for th loading, unloading, storing, or othemke handling of any petroleum products, hw shall comply with 811 rejghtions and recommendations from time to time promulgated by the Bureau of Expi~~e of the Associstion of Am&- Railroads, or my successor agemy. -4ll artificid Lighting in pump houses, rrarehou..rs or other enclosures upon tke Premises, There oil or other inflnrnmable fluid supplies are handled or stored by Lm;* except in unbroken originai containera, shall be by electricity, and .such electrical installation and any other eImtr2 installation upon the Pren3ea shall at all times conform to and be maintained in accordance ~th the pro*oE 0 the then current edition of the National Electrical Code TFith respect to Clsa I hazardous l~cations. Lessee <=I
promptly pay and dischm any and all Gens arising out of any construction, alteration or rep& work done. 0 sufiercd or permitted to be done, by Lessee on the Premises, and Lessor is hereby authorized to post any notim o take any other action upon or with respect to the Premises that is or may be permitted by law Q prevent the atts,:b
rnent of any such liens to rhe Premises; provided, hon-ever, that failure of Lessor to take any such action shall 20 relieve Lessee of any obligs~on or liability under this or any other paragraph hereof.
Lessee shall at d hes keep a space of six (6) feet from the nearest rail of my railroad track entirely c;=Z of structures. material and obstructions of every sort and shall observe an overhead clearance of not less than txeq five (25) feet above the top of rail; but, nevertheless, Lessee may erect loading platforms which shall not be moR h three (3) feet and six (6) ixhea higher than the top of the rails, and which at no point shall be nearer thsn four (4 feet to the nearest side of ?e head of the nearest rail of such track; provided, however, if by statute or order of CM petent public authority merent clearances shall be required, then Lessee shall strictly comply with such statuk c order.
kee agrees to indedy and saveharmless 6or‘against all loss, damage or expense Fhich kc may sustain, incur or beeme liable for, including loss of or damsge to propefty-or-in-jwy to ordeath of pem and fines or penalties imp4 upon or assessed against Lessor, arising in any manner out of (a) the use of the Prem&+ or Improvements by Lese. (b) any breach by Lessee of the tern, covenanta or conditions in this instrument ox tained, or (c) the sole or coiltributing acts or omissions of Lessee or the employes, agents, patrons or inviteea of k+ in, on or about the Pred- or Improvements, except that if Lessor shall participate in any such contributing bd or omissions, thm the loss. damage or expense arising therefrom shall be borne by the parties hereto equally.
11. Seither Lessee -7r the heirs, legal representatives, succe88ors or sssigns of he, nor any subeequs assignee, shall underleas- : sublet the Premises or the Improvements, or any part thereof, nor assign or fzar& this lease or any interest h-ein, without the written consent and approval in each instance of Lessor.
Lessor shall not be liable to Lessee for any damage of any nature whataoever, or to refund any rental paid herem& except the proportionate part of any rental paid in advance.
If any rental hereunder shall be due and unpaid, or if default shall be made in any of the covenants 01 agrs menta oi kee herein con-xined, or in case of my assignment or traasfer of this lease by operstion of law, h-< map, at its option, termkte this lease by serving five (5) days’ notice in witing upon Lessee; but any mairer i Lessor of any defsult or deiaults shall not constitute a waiver of the right to terminate this Iease for an-y subseq~ default or defaults.
This lesse may te terminated at any time by either party by sening thirty (30) days’ written notice
termination upon the othe- party, stating therein the date that such termination shall take place, and upon rhe t piration of the time speci€d in such notice this lease and all right& of Lese hereunder shall absolutely cese = determine; but upon any sxh termination Lessee shall be entitled to have refunded by Lessor a proponionsx pi of any rentals paid in adrmce.
15. Any notice to be given by Lessor to Wee hereunder shd be deemed to be properly ~er~eb. if the S~E delivered to L,essee, or if 1~5 with any of the agents, sen7ants or employes of Lessee, or if posted on the Premises.
if dep&t& in the Post O€w, postpaid, addressed to Lessee at .___ Gar~Skd .,.-. Cdi.f.Or.QhA __.... ~ _...._. _.. .._.~------.--I
Upon the terminadon of this lesse in any manner herein provided, Lessee shall forthwith surrender to Les
state in rrhich they were prior to the construction of the Improvements, and in we Lessee shall fail mithin thirty {3 days after the date of such termination to make such removal or restoration, then Lessor may, at its election to exercised within thirty (30) days thereafter, either remove the Improvements and restore the Premises for the UCOL of Lessee, and in-=& event Lessee shall within thirty (30) days after the rendition of bill therefor reimburse Lea:
9.
- -- 10.
12. In case of the e-riction of Lessee by anyone owning or claiming title to or any interest in the ME
13.
14.
_...________________.___._____._.._._______.......__._____.____..............~...~.........~..~.~~.~~~~..~~~~.~.............-.--~..-.-..--............---.-.--........----~-...---------------
16. the possession of the Premises and shall remove the Improrements and restore the Premises to substantidly i
for the cost so incurred, or may tgke and hold the Improvements 89 its sole property. -- ,
1
.- ..,
0 0
17. If Lessee fa to surrender to kor the PreIuises, upon any termination of thk he, all the liab&tie and ohligations of Lessee hereunder shall continue in effect until the Premises are surrendered; and no terminatior hereof &all release Lessee from any liability or obligation hereunder, whether of indemnity or otherwise, resultkt from an^ acts, omissions or events happening prior to the date of termination or the date, if later, when the Improve menta are removed and the Premises restored or Lessor elects to take and hold the Improvemenz as its soie propert! as hereinabove in paragraph 16 provided.
18, In the event that Lessee consists of two or more partie! all the covenants and agreeaents of Lessee hereil
contained shall be the joint and several covenants and agreements of such parties.
19. All the covenants and agreements of Lessee herein contained shall be binding upon the heirs, legal repre sentatives, successors and assigns of Lessee, and shall inure to the benefit of the successor^ and assigns of kol
..>
IN WITNESS WHEREOP,.This h&e has been duly executed H duplicate by the parties her& 'as of the dr and year first above mitten.
\ THE ATCHISCN, TCFEKA AND ..............................._..............-................... SANTA FE R-ULUAY COYPANY (kc A.Tdi ......................................................
- -e-.--. -b. . By .-_ ..................................................... .........._..._........... .....................
Assistat tc GC:.~::.,; 'ptxager Its .---........... ...... ................-.. . .._ .......-........... ...... ____ =-.F-
_......... zf+-s@ku.&$ ..................................................... Chief Engineer.
...-..... CITY OF, C-IRLSBAD ....................................................... .................-.......-......................
... Bx ,&&%?= /- - ._.____._-_ sy8& L- ...kt.. d$d& .................... ...................................... & &&PikJtS ,&wp ...... ~~- ................................................................. .____________ ...........
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SUppLE>lX:i‘r,?I, AC; .L~<XEX‘, ~;:..:.r: 25 of this 3rd
, 19.22- t.2t-A-ecn -- any of __________-- OctLober
‘IJiZ ATCH’’CC3 ‘rfj?Ll’*\ (\bJ) :;:;ITA FE -~ -.-_ ,L .__. &-.--.L)--
* 0
Lease No.: CL-66359
TENANT ESTOPPEL CERTIFICATE
The undersigned ("Tenant") hereby confirms, warrants and represents to North San Diego
County Transit Development Board ("Purchaser") the following:
Tenant is the lessee under that certain lease (the "Lease"), attached hereto as
Exhibit A, between Tenant and the currently existing lessor under the Lease ("Landlord"),
covering the property (the "Leased Property") described therein.
The Lease constitutes the complete and entire understanding between Landlord
and Tenant, and there are no other agreements, whether written or oral, between Landlord and
Tenant pertaining to the Leased Property. The Tenant has no options or other rights to purchase
or expand the Leased Property. Except as expressly provided in the Lease, Tenant has no rights
to renew or extend the term of the Lease. The Lease may be terminated by either party upon thirty (30) days' written notice. The Lease has not been amended, modified or supplemented in any way and there have been no assignments of the Lease and no subleases under the Lease, except as follows:
1.
2.
None
3. To the knowledge of Tenant, Landlord is not in default under the Lease. Tenant
is not in default under the Lease and Tenant is current in payment of any taxes, utilities, common area maintenance payments, or other charges required to be paid under the Lease by Tenant.
4.
5.
Tenant has no offsets or claims against Landlord.
Landlord has no unperformed obligations to provide to Tenant any work of any
kind relating to the Leased Property.
6. The current rent under the Lease (including escalations and all other charges) is
$394.00 (per year) and has been paid through December 23, 1992. No other prepaid rent has
been paid to Landlord by Tenant. The security deposit paid under the Lease is $0.00.
The above statements are made upon the understanding that they are binding on the Tenant and that the Purchaser will rely on them in connection with the purchase of the Leased
Property.
Dated this 6th day of JANUARY
CITY OF C
BY
Its
estoppel. 222
66x59 0 ;+e: ..A Conmct ~ecp’a Nc __-- 0
S,A,hTA FF L - .._ 7-
West Qf Aih~;w:3~e
Form 1658 Standad ;bporoved by Gnoral SoliJ?~)
PIPE LINE LICENSE
THIS LICENSE, Made t~is--.-.--.-.----..~~rd---------day of .---.---.--.-.... ~U~-St-----..~----.----.-----.--.---., i9.-.6&- .,
betw~n---~~--~-C-~~-~-~~~~ -E&&D.- 3.2CU-FE- -~-&!ULGC!Mp_W-- ________ ___ ___ ________ ______ ___ - - ___ . . . ,
a -----.-----.--.--.. HaU-aS __..____..________.... corporation (hereinafter called “Licensor”) , party of the first part, and.
.-------------------------- CITY -------------._-____----_-..--------------~-~----_--.------------------~~---------------------~_----~~~-~-.--~~--~~~.~~..~.~~~.-~~~ OF CARLSBAD
(hereinafter, whether one or more, called “Licensee”), party of the second part. .-------------~-..--._--------------_.~~~~~~~~~~~.~.~~~~~~~~~~~_~~~~~~~~~~.--~~~~~~~~~~~~~~~~~~.___________________________________~~~~~~~~~~~~~~~~~~~~
WITNESSETH, That the parties hereto for the considerations hereinafter expressed. covenant and
1. Subject to the terms and conditiom hereinafter set forth, Licensor licenses Licensee to conatruct
( 1 ) pipe line ____ ~--~--~--~---~-~--~--~-=~~----=~=-----~-=---~~~~~~--~~-~-~-~---- - -
Ei~~~I..--.----..inches in diameter (hereinafter, whether one or more pipe lines, called the “PIPE
LINE”), across or along the right of way of Licensor at or near the station of__~~rl-s’oa~-s_~-Di~~O--
C_a~~-t~,.-cr-n_~ __________________________________ the exact location of the PIPE LINE being mcre particularly
shown by red coloring upon the print hereto attached, NO .---__ Ld~&4zQb_ -----, dated ____ J&--&&-%& ____
.-------- ---- 7 -_____________________________ i _______ L ___________ 7 ______-_-____ marked “Exhibit A” and made a part hereof.
2. Licensee shail use the PIPE LINE so1ely:for carrying ---!!?%*T ___________________________
agree aa followa:
.. and ~ln~1nQn~--:---r: - - - - - - - - - - - - - - - - - - - - - .. - - - - - - - - - - - -------- -----_----__---__________-_________
- ..9
.-------- ------.. -- -----------_____________.__________________--__-____-----_______________________ ~ _______________ and shall ni . dse it to carry any other commodity or for any other purpose whatsoever.
3, Licensee shall pay Licensor as compensation for this license the sum of ______. __________________-.
Clns-ana-N-o~loo-D-ollar-~-(-~~ooZ_- _____________.--____---------------------_______________________ ~ ____ i
.------_--._------.-_---.---.__---.---------.------------------.-----.-.--------..--------------___________ _-_____.
.-------____________________________________________________________________.--_______-______________-_________-___________
4. Licensee shall, at its om cost and subject to the supervision and control of Licersor’s chief en- gineer, locate, construct and maintain the PIPE LINE in such a manner and of such material that it wil: not at any time be a source of danger to or interference with the present or future tracks. roadbed anc property of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted un, der paragraph 2 hereof to use the PIPE LIXE for oil or gas, or petroleum products, the PIPE LINE shal be constructed, installed and thereafter maintained in conformity with the plans and specifications shorn on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at anF time Licensec shall, in the judgment of Licensor, fail to perform properly its obligations under this paregraph, Licen- sor may, at ita option, itself perform such R-ork as it deems necessary for the safe operaf?n of its rajl- road, and in such event Licensee agrees to pay, within fifteen (15) days after’ bill shall Lzve been ren- dered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obli. gations of Licensee shall not relezse Licensee from liability hereunder for loss or damge occasionec thereby.
5. Licensee shall reimlurse Licensor for any expense incurred by Licensor for false work to sup. port Licensor’s tracks and for flagman to protect its traffic during installation of the PIPE LINE anc for any and all other expense incurred by Licensor on account of the PIPE LINE.
Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss damage or expense that Licensor may sustain, incur or become liable for, resulting in any manner fron the construction, maintenance, use, state of repair, or presence of the PIPE LINE, incluGng any SUCZ
sons, (c) mechanics’ or other liens of any character, or (d) taxes or assessments Of ani End.
If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants here in contained Licensor may at its election forthwith revoke this license.
THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition tha the same may be terminated at any time by either party upon ten (10) days’ notice in writing to be senw
6.
loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of per
7.
8.
0 W
upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon demand of Licen- sor, shall abandon the use of the PIPE LiSE and remove the same and restore the ?-:ght of \yay and tracks of Licensor to the same cordition iu which they were prior to the placing of the PiPE LINE there- under. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense or' Licensee. No termination hereof shall release Liceiisee from any liability or obligation hereunder, nhether of indem- nity or otherwise, resulting from any acts. omissions or events happening prior to the date the PIPE LINE is removed and the right of way and track of Licensor restored as above provided.
9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is located, or the saie or abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental chzrge which may
have been paid hereunder in advance.
Any notice, request, instructions or revocation of this license to be given by Licensor to Licensee hereunder shall be deemed to be properly served if the same be delivered to Licensee, or if deposited in
the Post Off ice, postpaid, addressed to Licensee at_2~~-Pio-_~-i~4~~~BQ~-265~lsbad,Ca
11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements of such parties.
12. All the covenants and provisions of this instrument shav be binding upon and inure to the bene- fit of the successors, legal representatives and assigns of the partnes to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licen. see, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upor Licensor without the written consent of Licensor in each instance.
10.
13. The PIF'E LINE shall be constrxted, installed and thereafter mintained in
conformity with the plans and specifications 'sot .forth ie the American Reilway Eng-
ineering Associa" . n' Specifications for Pipe Line Crossings TJnder Railsay Tracks, 1956' for non-flamable substances.
14, This license supersedes and. cancels license dated September 28,1931, and
SuDpleinent "An thereto dated August 23,1961, known ia the files of Licertsor as con-
tr?ct, Secretary1 s No. 33778, and NO. 337784.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and yea
______________________ THE ATCHISO? 2-9 ------. TCP EZ _A__ A?~S~A-EZ-D~fi--c;azslfsrm_ _________.____ ___ (Licensor
iirst above written. --
/ By ____________ fl&ax _____ __ - __ __ - ~ ____ - ____---- - _- ____ -Approved as to Description :
A~~ista~tt? -zI~; 3'l- I -dvfj ______ ?$& _----------- Its _____________________________-_--____________-______----------__
Chi Engineer.
____________________________________________-_____________-__-____
-- CITY OF C A& --22--
Supsrcn tendcat _______ ............................. - _----- -__ ________________________________ I'
7 !LyB$ d izF+!i.zk _---- ---------
* Its @A&J -- B?--Z.-eP- (Licensee) . I -I
e
Qc!b 7 - j5?4 v a359 \A i
RETURN TO i I 2 Secretary, The A.T. 8 S.F. RY. CO. T0-h
One Santa Fe Plaza, 5200 E. Sheila St , Los A-ieles, CA 90040 213/267-5228
November 2, 1984
Fi le: 11002920-22
CERTIFIED U.S. MAIL
Return Receipt Requested
City of Carlsbad
2960 Pi0 Pic0 Drive
P.O. Box 265
Carlsbad, CA 92008
Gentlemen:
You are prese ly a party to that certain agreemeit, dated August 23, 1961,
including a supplements and amendments thereto, with The Atchison, Topeka
and Santa / e Railway Company, identified in Santa Fe's records as Contract
66359. The Contract covers your use of Ra4l-y Company property at
rlsbad, San Diego County, California, as a site for an 8'' water line.
bThe Agreement provides that the amount of compensation'for the use of Santa Fe
F-
property may be revised al; regular intervals. We have reappraised the
property subject to the Agreement and find it necessary to adjust the
compensation to be paid for the continued use of the property. We are
reluctant to take this action; however, it is necgssary that the compensation
be in line with current property values.
You are hereby advised that, effective December 23, 1984, the compensation to
be paid under the Contract is increased to $360 per annum, payable anmally
in advance
Very truly yours,
Q. W. Torpin, General Manager
By &. b, /a
W. 0. Bentley, Manqger
Real Estate and Contracts
!bcc: Messrs W. L. Tiller, Topeka (Attn: D. James) F
nf -*
- J. R. Merritt, San Bernardino f
J. E. Millard, Los Angeles nf
&- H. W, Snyder, Topeka (Manual signature required)
-- !WLT: Please cancel billing under Contract No. 33778
!HWS: Attached is copy of Secretary's advice showing Contract No. 33778
,
cancelled effective August 23, 1961; please remove from active files.
! CL3 6/8 6 198d r
- w
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<7dRN TO
xcre:ary, Ths A.T. 8.S.F. !X. Cc). Tor;dca I-
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Farm 722 Std.
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Location d.2 - 4 @ [;&, . -a:? J/) ?/, ci /'/,x--
/ J' -= 1 1 e No. ///,[- 277;- A72
,,,,I--> Mr. H. W. Snyder, Topeka
-3
CL 66359 B
H Enclosed for fiLing and distribution are Santa Fe Original anc sufflclent
copies of Agreement with <& /7 & L@dL
iocation(s4 : 42%$d>Lyd, ,/>&-=g,, L7 -.:d2k,Hq3 ,-7 -')A //9 1
Description:
Dated : Effective: Division:
Class: Rent : Fr e quenc j- : h
- J 1. This CorreSpondence pertains to Contract KO. 6hg5-9
- 2. Provides for ternination of Contract(s L9-
- 3. Provides for assignment to
- J 4. Provides for increase in rental to $34=c :'/, eifectlvf /J- 233-,>+
- 5. Re-classify to
- 6. Contract calls for insurance and it will 52 forwardec later.
7. nclosed insurance is new.
8. Enclosed insurance replaces Certificate No.
-
-
with that expires
9. Contract No. , Sub NO.(~) & & shoulc be --- -
removed from expiration record.
__ 10. Expiration record should be made for !cats!)
11. 'Please cancel Contract No. witn -
2t efiec I: ivs
12. Other coments: -
This form requires manual signature. - I L/ fl
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Word Processing, Los Angeles (PIS. purge DOC. '#3//5Lfrom sysiem.)
CL17/0058P
","jn,N TO
Secre'ary, The A.T. G S.F. RY CO. Topeka 1 \
0 w
"The index number indicated in the colum. for Urban Wage Earners and Clerical Workers, entitled 'all items', for the period most recently released prior to
the anniversary date in the previous calendar year, shall be the 'base index
number' and the corresponding index number for the period most recently
released prior to the annual anniversary of this Contract shall be the 'current
index number'. number, to form the rental adjustment factor.
"The new base rent shall be determined by inultiplying the then current base rent
by the rental adjustment factor and this figure shall be rounded to the nearest
$5.00. The new base rent, as so determined, shall be due and payable in
accordance with Subsection 3(a) above. In no event, however, shall such new
base rent be less than the then current base rent.
"If publication of the Consumer Price Index shall be discontinued, the parties
hereto shall thereafter accept comparable statistics on the cost of living for
Urban Wage Earners and Clerical Workers, as they shall be computed and
published by an agency of the United States or by a responsible financial
periodical of recognized authority then to be selected by the Licensor.
In the event of (I) use of comparable stetistics in place of the Consumer Price
Index as above mentioned, or (2) publication of the Index figure at other than
quarterly intervals, there shall be such revisions as the circumstances may
require to carry out the intent of this provision. Licensor may, at its sole discretion and in conjunction with its overall rental adjustment program, use index numbers in the column €or All Urbar. Consumers, U.S. city average,
entitled 'all items', or such similar index that may be published in the future
to indicate statistics comparable to the indexes named below.
The current index number :hall be divided by the base index
"!c> The base rental shall be subject to revision at five-year intervals to adjust
same to a fair market value basis."
IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement, in
duplicate, as of the day and year first above written.
THg ATCHISOP, TOPEKA AND SWA FE RAILWAY COWAM(
*- 9 EY
Kp&dw2&L- . -, .. I .
CIYY OF CARLSB
BY
Its City Manager
(Second -- Party) ~
437652cHB
Rev. 8/85 (16271 -2-
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Lease No.: CL-68228
TENANT ESTOPPEL CERTIFICATE - The undersigned ("Tenant") hereby confirms, warrants and represents to North San Diego
County Transit Development Board ("Purchaser") the following:
1. Tenant is the lessee under that certain lease (the "Lease"), attached hereto as Exhibit A, between Tenant and the currently existing lessor under the Lease (Tandlord"), covering the property (the "Leased Property") described therein.
The Lease constitutes the complete and entire understanding between Landlord
and Tenant, and there are no other agreements, whether written or oral, between Landlord and
Tenant pertaining to the Leased Property. The Tenant has no options or other rights to purchase
or expand the Leased Property. Except as expressly provided in the Lease, Tenant has no rights
to renew or extend the term of the Lease. The Lease may be terminated by either party upon
thirty (30) days' written notice. The Lease has not been amended, modified or supplemented
in any way and there have been no assignments of the Lease and no subleases under the Lease,
except as follows:
2.
Subleased to Carlsbad Chamber of Commerce, effective May 15, 1970.
3. To the knowledge of Tenant, Landlord is not in default under the Lease. Tenant is not in default under the Lease and Tenant is current in payment of any taxes, utilities,
common area maintenance payments, or other charges required to be paid under the Lease by
Tenant.
4.
5.
Tenant has no offsets or claims against Landlord.
Landlord has no unperformed obligations to provide to Tenant any work of any kind relating to the Leased Property.
6. The current rent under the Lease (including escalations and all other charges) is
$89.00 (per year) and has been paid through December 31, 1992. No other prepaid rent has
been paid to Landlord by Tenant. The security deposit paid under the Lease is $0.00,
The above statements are made upon the understanding that they are binding on the
Tenant and that the Purchaser will rely on them in connection with the purchase of the Leased
Property.
Dated this 6 th day of JANUARY ,19 93 .
CITY OF C
BY
Its Mayor
estoppel.22 1
.9 ?
\
%‘;a Fe OriginSr r 4. f
.L 1. Contract Secy’s NO. 68%
THIS LEASE, Alade = of the........-.-......-^^^ _._.___________ day of _______.___________ Piarch ..-...--. ~ 19- 63
Form 1616-8 Standard
(-4PPCOTed by Caned budtor) SANTA FF RGUT~ West of Albuqcerqu? LEASE OF LAND (ShortTerm)
- bet ween .?HE..ATGHIsOr~IT.~.~~ ..A-@-- sk!!!A--~-.&~~!-.c!%W!X ____ ____ _.______ . ___ ____.__ _________ _.______
a................--......~.~~-S~.~.~~~.........~.-...-~~--.-~-~----~--~----------~--~--~-~~----~--~~~--~----~-~-~--~corporation (hereinafter called ‘Zeeror
and.- __ __ ..~~-Ty.-.OF.-C~~-SE-~-.~ ..._ .-.--- __-_ _.___________._________I____.____________-.__________________________ __ ______ _____ ~ __________________
(hereinafter, whether one party or Inore, called “Lessee”).
WITZTESSETH, That the parties hereto for the considerations hereinafter ’expressed covenant and w folloms:
1. Lessor hereby leases to Lessee, subject to the rights and easements hereinafter excepted and resera& a upo~ the ter,ms and conditions hereizafter set forth, the lend (hereinafter called “Premises”) situated at or nc
______ ____ :=isbad ..._ ___--_---._- ~ -__--____-_.------.-_____.____ - -.---~-.-----------.------, county of -----------------_--__I_________ San Diego i -__-._-..-.---_-__I________________--
State of. ____ Ca-&if*r@-* ___._____. ~ ____-.___.._._--._____________.___._____-.----. -~ outlined in red coloring on the print hereto attach(
No...L-~3-=25582....~.~ .----.---, dated .-_I_ k.Cd?~X--&&%? __._______ ~ __.___-___._____ _. .________.__ __ __. __.. ~ _____ ~ ________ __ _. __ __.__ _. ______
marked “Exhibit A” and made a part hereof, for a term beginning on ... .----.---.__ -.-.kGS!!b-SX-J& -----------..-----, 19-.. 62 and ending when this lease shall be terminated 88 hereinafter provided.
2. Lessor hereby excepts and reserves the right, to be exercised by Lessor and by any others rho have ob’& or may obtain permission or authority from Lessor SO to do, (a) to operate, maintain, renew and relocate =F a
all existing pipe, power, and communication lines and appu-ances and other facilities of like character upon, OY or under the surface of the Premises; and (b) from time to time to construct, operate, maintain, renew and doco such zdditional fncilitics of the same character 88 will not unreasonably interfere with the use of the Premkz I Lessee for the purpose specified in paragraph 6 hereof.
Lessee shall pay to Lessor on or before the first day of each period of one year during the continuance m- tl
YE’*
P
_________________-_--.-.....~~~~-~~~......-....-..~...-.-...~..~.--~~-~~...~...~..~-~~~ _.----_--__-______.----------------------------------.--.~.....-~~~.--.---------------_.
3. lease as rental for the use of the Premises for such period, -mwscen-ni I.
til- esrthm ~~~~~~~~~~-~~~~^-~~ *-*_ -. i - _-__-----__-------____________._______.-.---.---- Irr -_--_._-___---.---_
. For thepurposes-oi%is-lease-the-fair-renta~-vdue-&the~ . -a%-&eeffeotfvedetkr~~ -_-. ------. .- -- .....-.-. .__-._.---.- __-. .-._..--_.--.-- - -..---..- ~- __ ________.___ ~ ___________________._____________ ___ -__-__--- ~ --_-.-.-.-._-_-_---._________.________ ---.---.- --.- --....--.--- -.-.-...-.- SBars-fS --.-.-. _--.-.-----__------__
a~halI~..-~h-~---~--o-f--~~e---and--~~-O-O--~---~-~---~--~-----~--.~--=.~=.-~--~---~--=--=--~----
100
Ebnd-th-
___________._._-_________________________________._____Dollars ($ .______ 2 .______._.__-) per mum. Such-fair-rental-valueshall-be *
on .accow&of or. in respect to-the-Premises-for-thec~~€~ublioimp
4. Lessee covenants and warrants that Lessee either om, or has obtained from the omer or omem Cere the right lo use, any improvements nom on the Premises shorn or described on said Exhibit A s ”Lessee’s lXd,iI Improvenents.” Such improvements, if any, together FFi-h any other improvements hereafter placed up03 tl Premises by or for account of Lessee are hereinafter called ‘~Improvements.”
kssee shall pa; before tho snmc bccornc dclinquent all tnxcu, charges, rates, and sssesments \\-hi& na during the term of this lese, be levied upon, or assessed against, or be equitably chargeable to or assessed in nspec of the Improvements; and where any such tax, rate, charge, or assessment may be embraced in the general ~OUL of taxes charged upon the Premises separately or@ connection with ot.her property of Lessor and Lessor shan pa all of Ad &xes, then Lessee shall promptly repay or refund to Lessor the amount or part of the tax, charge, rzte c assessment equitably or fairly apportionable to the Improvements.
------------ I ---_ from-timetdime by the amoun t-of-any-gov~~~~~r-~~~~F~~a~ I-
5.
6. Lessee shall use the Premises exclusively aa a Site for-Qefi~-~f--.~d-n-e~O~i-~--~~k
@
S In using the Premises, and in constructing, maintaining, operating and using the Improvements there Lessee shall comply with any and all requirements imposed by federal or state statutea. or by ordinances, ordc
or reslations of any governmental body having jurisdiction thercover. In the event the Premises or ImproT meni; shalI be used for the loading, unloading, storing, or otherwise handling of any petroleum producte, La shall comply with all regulations and recommendations from time to time promulgated by the Bureau of Explosi of the Association of American Railroads, or any successor agency. All artiijcial lighting in pump houses, Bjarehout
Or 0th ~~chsures *1Pon the Premises, where oil or other inflammable fluid supplies are handled or stored by Less excep: in unbroken original containers, shall be by electricity, and such electrical installation and any other electri installation upon the Premises shall at all time conform to and be maintained in accordance with the provisions the then current edition of the Natiqpaj Electrical Code with respect to Class I hazardous locations. Lessee sh promptly pay and disoharge any and all liens arising out of any construction, alteration or repair Fork done,
suffered Qr permitted to be done, by Lessee on the PremiaeS, and Lessor is bereby authorized to post any notices take any other action upon or n+,h respect to the Prek that is or may be permitted by law to prevent the attac ment of any such liens ta the Premises; provided, however, that failure of Leisor to take any such action shall n relieve Lessec of any obligation or liability under this or any other paragraph hereof.
3. Lcssee shall :kt 811 tirues keep 5 space Of ax (6) feet from the nearest rail of any railroad track entirely cIe Of stmtures, material and obstructions of even- sort and shall observe an overhead clearance of not less than twent five (15; feet above the top of rai1; but, nevertheless, Lessee may erect loading platforms which shall not be more thr three .3) feet and six (6) inches higher than the top of the rails, and which at no point shall be nearer than four ( feet to the nearest side of the head of the nearest rail of such track; provided, however, if b_r statute or order of cor. peten: public authority different clearances shall be required, then Lessee aheU strigtly comply nith such statute (
Qrder.
Lessee agrew to indemnify and save barmk Lessor against all loss, damage or expense which Lessc may Fdstain, incur or become liable for, including loss of or damage to property or injury to or death of penon and hes or penaities imposed upon or asessed against kor, arising in any manner out of (a) the use of the Premise or Improvements by Lessee, (b) my breach by Lessee of the terms, covenants or conditions in this instrumcnt cor tained. or ic) the sole or contributinq acts or omissions of Idcascr. or the cinployes, ilgcnts, patrons or invitees of Lase, in, 011 tJr ILI)OU!, thc Frcmisw or Improvements, escept tohat if Lessor shall participate in any such contributing nct or o:t!i:aiotis, then the loss, damage or expense arising therefrom shd1 be borne by tho parties hereto equally.
h'cillior I,(wee, nor the Iieira, legal representatives, sucoessom or assi,w of Lessee, nor any subsequen~
ossignw, shall underlease or sublet the Premiss or the Improvements, or any part thereof, nor assign or transfei this ,?=e or .I--- 'aterest herein, without the mitten consent and approval in each instance of Lessor.
In CL'- of the eviction of bee by anyone owning or claiming title to or any interest in the Premises, Lessor shall not be Liable to Lessee for any damage af any nature whatmever, OF to refund any rental paid hereunder, except the proportionate part of any rental paid in advance.
13. If any rental hereunder shall be due and unpaid. or if default shall be made in any of the covenants or agree- ments oi Lessee herein contained, or in case of any sssignment or transfer of this lease by operation of law, Lessor may, ~i its option, terminate this lease by serring five (5) days' notice in rrriting upon Lessee; but any waiver by Lessor of any default or defaults shall not constitub a waiver of the right to terminate thi3 lease for any subsequent default or defaults.
14. This lease may be termicated at any time, by either party by serving thirty (301 days' written notice of
termktion upon the other party, stating therein the date that such termination shall take place, and upon the ex- piration of the the specified in such notice this lease nnd all righta of Lessee hereunder shall absolutely cease and dctemhc; Init upon any mch termination ksee shall be entitled to have refunded by bor a proportionate part of any rentals paid in advance.
15. hy notice to be given by Lessor to bee hereunder shall be deemed to be properly served if the same be delived to Lessee, or if left -4th an?- of the ag&ts, servants or employes of Lessee, or if posted on the Premises, or
if depmted in the Post Office, postpaid, addresed to Lessee at ____ C.~l-sb-ad~-.-C-~-~o-rn-~ .__-_-_--------..- ~ ---_-.____.__________
16. Upon the termination 2 this Iease in any manner herein provided, Lessee shall forthwith surrender to Lessor the pmssion of the Premises and shall remore the Improvements and restore the Premises to substantially the state in wr-hich they mere prior to the construction of the Improvements, and in case Lessee shall fail within thirty (30) days drer the date of such terminntion to make such removal or restoration, then Laor may, at ita election to be exercised within thirty (30) days thereafter, either remove the Improvemenh and restore the Premises for the =count
Of Le, and h such event bee shall Wit& thirty (30) days after the rendition of bill therefor reimburse Lessor
for the rmt so incurred, or may take and hold the Improvements as ita aole property.
10.
1 I
12
___ ____________________---------.-.---------------------.-.---------.----------------------.--------.--.----------------.-.----.-----.----------.-*----~.-------.--.-----.-------
-- I
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,*
~ ,-
ATTACHED TO CONTRACT BETWEEN
THic ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY OF C~RSBAD
SAN BERNARDINO. CALIF. DESCRIPTION CORRECT J.W. CONPOY OECEMBEQ 14 ~ \962
.... __ n!v! S! '3N CK5l P4 E E z
SCALE: 1 IN. TO \OO FT, .:
0' n,
..- ____. - -
. -.--
GO G4S i ELECiSLtC POWEP -I*.(€ 5'ECV.S * 32221 ____._.-. .. ...._. - ..-.- ----------------d--
fi DE-9 CQ t P7-10 u
' TbJO PARCELS OF L4NO LEASED CONT4\N\NG cw
49,960 .5$(3 FT SHOWN OUTL\NEG RED.
L.:/.\LV-t:'s Ex\5-l'\NCr IMPROL'tivtENTS : AS S\(O'.*.N-
- -- .I ,. 5
I
i-! (j:8228 .4 ‘c-1 ”C
- /+I,.,o” 0 I a.
x
r)r- Ira h,TC.IjS;(;; , ‘-m; z-.. [&2 3;piT*< 2:; ;I:;&<,{-; (-. yb’.*$+>-:
,‘yF-j..k; (3 slj, y$.uyi-i;;jJfi;,c
J ‘./I JL 9
1
-- q ,1: !Ep&y pie2Sk >:€fer
A.. K. JOhrlfs@l 1170 Heat Thfrar Street t, P--
Suparintonaac I F-d1,201 5cn Bem*-il;thtoac.3lSL2rLLh $22$10 =x+=- / &--- ------ CC-t-45002 !?h,xic TU 4-21:: City 03 Carlsbzd
Carlsbad,Califora Decder 9,1y%..
%; Gentlemen :
r.. IGB City oi !.;::rlsbart has =tie w- wstaaz,t fc? ztrszt ligt..tiaa
~s;jr<,:;~f*.- u...:.t .-
A2$z&?m:Ak 3!,.Jtrict Ne ’
i~.?c-i-;n lease i.1 ya &%r s~-~t,rtct, Sacrztary. a N? ..- 68228
t13 z :33iiit S: the f3mt.j~~ of Carwoad DwtijiqZ st,vet %ahbs
-&-A>-+; - -\“d: a -~x+.ls. or s::.:)\ cibt.rict b:f::!d.Lz tk.c h.4
J.j
. r’ _.--
1% is tnaz-e,’D,r iieceasary b inci-,aze %he rL?&QL i.5 tk.: ~~:LGL of
i-:.$-d&.?3 --_ - px- ma93 *I c.il’CCtiY?l- Jw.mL--y 9 ti%? 3
i KLWQ ar::k‘-”i~qb rwcoipt in s:m aNcu p-erictwi c-i the cor7;’ ai’
this L,tkecjr ma Xtuiiii i> to r,c Tor our PJ~G:Q~~
- j>y&L’> T;p.&? ~ ,j
-e R~CL?L~>~ GLt!LC ~~ CiC!U:GH1aMCd y&&i.?-;;-*- : 4 fl KT$-
i .C - OY,__. L ;,
\ Jtsw- &&#J&&L&&-&$*.
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I
Ilull 6 66 Ih4 !dJ ’ Form 1736 Standard
(hoproved by Oansral Sol;&!o,) ~I’‘JfP (C
THIS AGREEMENT, hf ndc this ............................................................ 2nd dny of ____... ........... _______. April ......... ........, 1 ‘3 .......... 70
be tween TtiE ATCYISsi; e- TCPW AIZI SANTA FE RAILWQI’ CQllpANY ...................... .................... .......... r.- ................................................... ----__________._____--.----.---.-----.--- . ______________._____
a .......... ____ DQkVI~r~ ........... .____-..-. ...................... corporation (hereinafter called “kor”) ;
CITY OF CLWS
(hereinafter, whether one party or more, called “Lessee”) and
CP31LsBA.D CI3AMEiB QI: CCBQ*EiZE
(hereinafter, whether one party or more, called “Sublessee’J).
WITNESSETR :
68223. ’ ’ Lessor’s Secretary’s Contract 30; .... .......-................................., relating to the use by Le= of a portion of Less01
property (hereinafter called “?remises”) at..Galsbad ------.---.-------.----.--.--------) County-of-~~~Q~ ......................
State of ............... C.diX~..-. .............. -..--, which contract, together with any and all mdifications, supplemeni
arid nirienduients thereto, wiiethcr or uot rcfcrrcd to above, is hcrcinafter cnlletd “Original &ntrsct”; and
WHEREAS, Lessee has qre‘d-to permit Sublessee to use exclusively for the purpose oi _.... ................................... .. office .... WLkkmL ....... ......-....... .........-......................................... ...................... ..-......... ...................................................
Section 1. Lessor herebp consents to the granting by Lessee to Sublessee of the right to use all or a portic
of the Premises and improvements located thereon for the sole purpose set forth in the foregoing recitals.
Section 2. &-see agrees (a) promptly to pay snd discharge, or cause to be paid and diccharged, all liens ari
ing out of any construction, Steration or repair wbrk done, or suffered or permitted to lx done, by it or by SUI
lessee on the Premises, and if hssee fails ~3 to do, Lessor, at ita option, may terminate the Original Contract by ser.
ing five (5) days’ notice, in miting, upon Lessee; (b) to indemnify and save hadess Lessor irom and against ai! 10s
damage or espense paid by Lxssor on account of my such liens; and (c) that Lessor is hereby authorized to post a1
notices or take any other action upon or with respect to such property that .is, or may be, permitted by Ism to preve
the attachment thereto of any such liens, but that neither failure of Lessor to take any such action nor any termin
tion of the Original &n$act for failure to pay and discharge any such liens as above pronded shall relieve Less
from the obligation oi indemnity in Clause (b) above in this section hereof set forth.
Section 3. Nothing herein contained shall release or rEleve Lessee frcm any obligation under the Orick3
Contract, but Lessee shall be and remain as fully recponsible t;. Lessor for thc acts and omissiom of Sublessee 5: i
such acts and omissions were the acts and omijsions of Le=%.
Section 4. Sublessee hereby agrees to obserre and be &:-=d by 311 of the covenants, terms and conditio= o
the Original Contract and this agreement so far 3s the same z3:y to the use and occupancy of the Premises and ‘2
provements thereon by Sublessee.
Section 5. This agreement may be terminated at any tke upon thirty (30) days’ written notice given by w
party to the other parties heto and, in any event, shall ipsa 5cto terminate upon the termination of the Ongh
Contract, and upon any termination, Sublessee shail vacate an? .:ense to use the Premiscs and improvements therw
Any notice to be given by Lessor to Lessee c7: Sublessee hereunder, or under the Original ContrLc
shall be deemed to be properly served if the saxe he delivered ;.:. lessee or Sublcsscc, or if left with any of the agert
servants or employes of Lessee or Sublessee or if posted on the ?remises, or if deposited in the Post Ofiice, postpG
eddressed to Lessee at .... 12.O.C)-.1F;~..Str~-~~.,..(l~.ls~aA,~f OT~&--- _____ ~ ________ ~ ____ __ ____________________..~~...~..~....... ____.._.
and to Sublessee a tP,O,i30x--sg.~,--c-~lsbad,-_~~~~--~;?.0018..-. _______________ ___ ___ .____ __ __ __.___ ________ ___ __ ._ ____ ~. -. _______
In the event either Lessee or Sublessee, or kth, consist of two or more parties, all the covensl
Section 6.
Section 7.
This agreement shall be effective as of ....._...._......-......-~-.-~-.--------.-.-----------.-.-, 19 .. To-.....
and ngrecments herein shall bc thc joint and several covenants 2nd agreements of such parties.
IN WITNESS WHEREOF, this agreement hs been 2uir; executed, in triplicate, by the parties hereto as of ;i
day nnd year first above mitten.
THE-.~T~-~ISOEi,T~--~S~-Th--FE--~~~..c-~~~ .. , :.. . _-.-.-----.- ~ -.-_ (Less
.---_-__-I
-_ _----.-.-_------ c-22--..@-..G-w-m -_-_-.---.-..-.-._-_._.___.___________ __ _.____-._______-
(LeS.4 - <
Its
(SubIesE __------ -------
Suoerintendent
Supt .File ,No .F-l+401
..-_. ..
-. a ~8228c ______ -- ,-
Contract No. , .+ururn tb
Slcrtt~ry, he A, 1. & S. F. Rye COS Topeka ..
SUPPLENENT.4L AGREE>IENT, made as of this 3rd 72 19-, betv day of October
THE ATCHISON, TOPEKA AND SA&A FE
1- ROLL CALL - 7:OO P.M. I'r.CSc'I1L x
i!-
3- ALLEGIANCE TO THE FLAG was given.
INVUCAl lUf4 WJI, 01 Ic~'c~ by Mdy~r Uullllc. 1 x x x x
4- APPROVAL OF MINUTES:
(a) Minutes of the regular meeting of September 1, 1970, approved as corrected.
. 5- COUNCIL COMMITTEE REPORTS. ..
[.6!,:] (;I) ,l~-~~~~~,t~~~~it~~~~~!.t~~~~~f - -.. I_ Ovi?t.i):i:;: ___ - - Ciiin. Jat-cliric reported that the City Engineer, City klanager, City Attorney and himself had met with Mr. Citron and his architect and representatives of the State Highway department to inspect the site of the overcrossing of Jefferson and Vista Way. It was noted that the property owners agreed to contribute $110,000 toward the development of the project and the city would then be prepared to pay $170,000 making a total c0s.t of 921O;OOO. .- Cmn. Jar., ne reported that the question of sewer
line ins -1lation was discussed and it 'vias agreed the State would install the lines on the owners property up to 500 feet and the balance would be f'le responsibility of the owners. The proposed agreement was sent to Mr. Citron's attorney and the City Attorney suggested that if the terms of the agreement were acceptable to the Council, he would draw up the agreement for signatures.
The'City Engineer noted that the State is asking for bids in November, and the City Attorney was requested to proceed with preparation of the . agrrEriicnt for prcscnt.ition to thc Council.
[34] (b) Chamber of Commerce. Cmn. Castro conveyed the appreciation of the inamber to the City for finalizing of the City and Chamber of Commerce
I
flotion X Ayes x xxx Abstained x
.
I '.
I' 1 ,\ c: l! o I /-1c I! I i II 'J : Coutic i 1 Clicwbet~~
4
LC, of $1 ,153.47. Commerce for expenditures in the amount of f:;:on
agreement.
Mayor Dunne noted that the Santa Fe Railroad had
the Chamber on the, same basis as in the paqt, anti the City Attorney was instructed to notify the Chamber of Commerce to this effect.
Authorization was given to reimburse the Chamber
'agreed to maintaining the'lease of the depot to
[GS] (c) C.P.O. I4ayor Dunne announced that the day session of the C.P.O. was scheduled for September 21.
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January 8, 1993
Mr. E. W. Landreth
The Atchison, Topeka & Santa Fe Railway Company One Santa Fe Plaza
920 Southeast Quincy Street Topeka, Kansas 66612-1116
Dear Mr. Landreth:
RE:
Director-Asset Management
Transfer of Ownership of City of Carlsbad public parking lot
land leases
The Carlsbad City Council, at its meeting of January 5, 1993, adopted Resolution No. 93-2, acknowledging the transfer of ownership of City of Carlsbad Public Parking Lot Land Leases
No. 57016, No. 68228, No. 150082, No. 175533, and No. 179169, and
Pipe Line Licenses No. 066359 and No. 150922, from the Atchison,
Topeka & Santa Fe Railway Company to the North San Diego County
Transit Development Board.
Enclosed are the original Tenant Estoppel Certificates and a copy of Resolution No. 93-2 for your records.
wk-
ALETHA L. RAUTENKRANZ, CMC
City Clerk
ALR: ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808