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HomeMy WebLinkAbout1994-10-11; City Council; 12899; AMENDMENT TO LEASE - AGUA HEDIONDA LAGOON,~ ." i i . I.,., y.4 ,<'" ~. . .. 2 2 b a J - 0 z 3 0 0 ClYOF CARLSBAD - AGENWBILL I AB# /,'x $- ',, C' / TITLE: AMENDMENT TO LEASE - MTG. /i ' /J -. f. Y AGUA HEDIONDA LAGOON DEPT.<'~~ - DEPT CITY CITY I 1 I I RECOMMENDED ACTION: That the Council adopt Resolution No. 94 _"" *,?.si:\ to delete the mid( Agua Hedionda Lagoon from the lease between SDG&E and the City. 11 further recommended that Council authorize the Community Servic Director or his designee to deliver the amendment to the lease to San Die Gas & Electric for signature only after confirming the signing of a new le; for the Middle Lagoon between SDG&E and the YMCA of San Diego Count! 1 ITEM EXPLANATION: On March 4, 1957 the City and SDG&E entered into a lease of the Ag Hedionda Lagoon. In April 1962, this lease was amended by adding i Middle Lagoon to the leased area. In July 1962, the Cty sub-leased the mid1 lagoon to the YMCA. In December 1991, the City Council adopted Resolution No. 91-4405 rescind the November 6, 1980 supplement to the agreement between the City and Sarkaria to relieve the operators of the obligation not to launch any boat the lagoon without insurance which names the City as additionally insurl It was also recommended that the existing Lagoon Ordinance and regulatic remain the same and staff was directed to initiate steps to amend the le; agreement with San Diego Gas & Electric (SDG&E) by eliminating the midi portion of the lagoon from the lease contingent upon a new lease betwc SDG&E and the YMCA of San Diego County (YMCA). In order to termin the middle lagoon from the existing lease, SDG&E was required to draft amendment to the existing lease with the City and also amend their p existing lease with the YMCA which covers parking adjacent to the lagoc The drafting of these amendments has taken a considerable amount of ti: due to the extensive review process by staff and attorneys from YMC SDG&E and the City. To insure that SDG&E signs a lease with the YMCA use of the middle lagoon, delivery of the City's signed amendment will contingent upon the signing of a new lease between SDG&E and the YMCA FISCAL IMPACT Amending the Lease of the Middle Lagoon with San Diego Gas and Eleci will have no direct fiscal impact on the City, but it will eliminate a potential liability of the City for activities on the middle lagoon. EXHIBITS: 1. Resolution No. 'i? -2i 'i approving the Second Amendment to Leasc 2. First Amendment to Lease - SDG&E & YMCA City of Carlsbad & SDG&E T .1 I I' 11 0 0 .l. I/ 21 4 /I RESOLUTION NO. 9 4 - 2 8 8 ! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARL! 31 CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE 1 BETWEEN THE CITY AND SAN DIEGO GAS & ELECTRIC FOR i HEDIONDA LAGOON I 5 6 WHEREAS, the City Council wishes to amend the lease with San Diego 7 ' 9, Electric to eliminate the middle portion of Agua Hedionda Lagoon; and 81 WHEREAS, the City Council wishes to make the amendment to the lease con1 10 upon the successful negotiation of a lease between SDG&E and the YMCA for the 1 l1 12 portion of the lagoon. 13 NOW, THEREFORE, BE IT RESOLVED by the City Council of the ( Carlsbad, California, as follows: 14 15 1. The above recitations are true and correct. 16 17 ~ 3. That the Community Services Director or his designee is directed to ( 18 lease with SDG&E which is attached to this resolution as Exhibit "A' I 2. That the Mayor is hereby authorized to sign the second amendment 1: 19 I1 20 11 21 li 1 22 i 'I I! the attached amendment to SDG&E for its signature after he has con. the signing of a lease between SDG&E and the YMCA of San Diego < for the middle lagoon. 23 11 24 25 26 I 27 (I 28 1 .. 9. 11 . a 0 1 1 2l PASSED, APPROVED, AND ADOPTED at a regular meeting of the City C 3 " wit: 4 of the City of CMsbad held on the m day Gf OCTOBER, 1994, by the following v 5l 6 7 8 9 AYES: Council Yembers Lewis, Stanton, Kulchin, Nygaard, Finni NOES: None ABSENT: None lo I1 CLAUDE A. LEWIS, Mayor l1 12 ATTEST: 13 15 l4 "W, 16 /I ' ALETHA L. RAUTENKRANZ, City Clerk 1 17 11 I.8 1; (SEAL) I 19 1~ i1 20 i' 21 ~ ' \\ i 221 \\ 23 ' 24 25 ~ 26 27 28 I , .. e 0 SECOND AMENDMENT TO LEASE This SECOND AMENDMENT TO LEASE is made and entered into t "_ day of 1994 by and between SAN DIEGO GAS & ELECT1 COMPANY, a California corporation ("COMPANY"), as lessor and the CITY CARLSBAD, a Municipal Corporation ("CI?YM) as lessee, RECITALS A. Company and City entered into a lease of the Agua Hedionda Up Lagoon, dated March 4,1957 (the '",ease"). B. Company and City entered into an AMENDMENT TO LEASE on A I, 1962, which amended the Lease by, among other things, adding the A Hedionda Middle Lagoon to the leased area. C. Company and City now wish to amend the Lease by canceling 1,ease on the Middle Lagoon. NOW, THEREFORE, it is mutually agreed between Lessor and Lessec follows: 1. Paragraph 3 of the Amendment to Lease, is hereby amended to d( any reference to the Middle Lagoon, and shall read as follows: EX .. 0 e ”The City covenants and agrees to police, regulate, and control the entry activities in and upon the premises demised hereunder, described as Upper Lagoon, and the posted picnic areas, and in addition, will protec company owned property surrounding the demised premises, exterior to portions herein demised, so as to minimize any and all disturbances damages, including the possibility of damage to property and injur: persons incident to the use of said premises by any permittees, licen: invitees, agents, employees or independent contractors of the City.’’ 2. Paragraph 14 of the Amendment to Lease is deleted, and the follot is substituted in its place: ”14. Both parties recognize and agree that due to the operation of the ti flow of waters, and other causes not under the control of either party, cel subsurface obstructions, shoals, bars, and other potentially dangel conditions, may develop from time to time in and under the surface of waters of the Upper Lagoon, and the City, its agents, servants, emplo) permittees, licensees, invitees, and other persons using and entering c the Upper Lagoon and any of the premises herein demised, do so 7 specific knowledge and express notice of such conditions, and do he specifically release and hold the Company harmless from and against claims, demands, or liabilities for damages or injuries occasioned b. resulting from such subsurface conditions.’’ e 0 9 3. To the extent that the above changes and modifications are at varii with the provisions of the Lease dated March 4, 1957, as amended, the provisior the Lease are modified, altered and amended. All other terms and conditions 01 Lease shall remain and continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Sec Amendment to Lease to be executed by their authorized corporate representativc of the day and year first written above. LESSOR SAN DIEGO GAS & ELECTRIC COMPANY, a California Corporation LESSEE CITY OF CARLSBAD, a Municipal Corporation By: Ralph Richardson By: Bud Lewis Land Management Supervisor Mayor of the City of Carlsbac ., " .. ,. .. 0 a . .. 4 FIRST AMENDMENT TO LEASE - TI-TIS FIRST AMENDMENT TO LEASE is made and entered into this 30 tl of June, 1993 by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation, hereinafter called "LESSOR", and TI-IE Y.M.C.A. OF SA? IIIECO COUNTY, a non-profit corporation hereinafter called "LESSEE". WI-lEI<EAS, Lessor and Lessee entered into a Vehicular Parking and Recrea lmsc (Ihc "Lease") dated August 1, 198 I, and WI-IEREAS, LESSOR and LESSEE desire to amend the original Lease by a to the existing rcnl propcrty. NOW TI-IEREFORE, it is mutually agreed that the Lease is amended as follr 1. The property to be leased by Lessor to Lessee shall now include the s waters of the Middle Lagoon and that certain property located in the county of San Slate oCCaIiI'ornia ("Lcascd I'remiscs"), as more specifically described on Exhibit " attadled hereto and incorporated herein by this reference. The waters of the Middfl Lagoon are subject to the tidal flow of the Pacific Ocean; therefor, the boundaries c Middle Lagoon are to be set at the Mean High Tide Line. 2. Paragraph 6 of the Lease shall be amended and shall now read as follr "6. IJse oTPrenm: The Leased Premises shall be used by Lessee fi Vehicular Parking and for the general purpose of recreation, sporting, fishing, and c purposes connected with LESSEE'S recreational camping program." 3. . Paragraph 7 is amended by deleting the word lllesseell on the third lin [YMCALlC.DOC] EXHIBID I .- c , .- . .* I ,. .* 0 " . a 0 IN WITNESS WI-IEWOF, the parties here to have caused this FIRST AMENDMENT TO LEASE to be executed by their authorized corporate represent as or the (lay and ycar first above wrilten. I LESSOR: SAN DIEGO GAS Sr. ELECTRIC COMPANY, a California corporation By: Ralph D. Richardson, Supervisor Land Management LESSEE: Y.M.C.A. OF SAN DIEGO COUNTY, a non-profit corporation By: Richard Collato President rvIwA I lr nnrl '" I _. .:,/ _I. * - ' I. b 0 ; e EXHIBIT "A" 4 * LEGAL DESCRIPTION J'ARCEI', 1 1 l'hat porlioll of Lot "1-1" of I<ancho Agua I-Iedionda, ill the City or Carlsbad, Cour San Diego, State of California, according to Map thereof No. 823, filed in the Of[ the County Recorder or said County of San Diego, being more particularly describ Ibllows: Commencirlg at Corner No. 1 of said Rancho Agua I-Iedionda; thence ai011 Northeasterly line thereof, South 78" 03' 00" East, 1014.32 feet; thcnce leavini Norlheasterly line, South 30" 48' 00" East, 238.36 feet; thence South 76" 46' 00" 93 1.69 kc1 to a point of inlcrscction wilh the Westerly right of way line of the Atcl lopcka & Sallla Ik Itailway Company's land, as said right of way is described irl il recorded Sepkmber 13, 1948 in Book 2944, Page 76 of Official Records of said C of San Diego; tllcnce Soul11 83" 33' 25" East, 167.89 feet to the TRUE I'OTN' BEGINNING; Illcnce North 26" 5G' 40" West, 210.40 feel; tlilence North 62" 39' 20" 127.5 1 feel to a point on the mean high tide line, as established by United l Geological Survey Datum; thence along said mean high tide line, South 39" 20' 40" 134.65 Ceet and South 44" 25' 10" East, 103.78 feet; thence leaving said mean hig line, South 53" 40' 50" West, 115.57 reet; thence Soul11 57" 11' 50" West, 73.95 tllcncc North 26" 56' 40" Wesl, 45.55 feet to the TRUE POINT 01: BEGINNING. -3 EXCEPTING THEREFROM that portion lying within said Atchison, Tope Santa Fe Railroad Company's right of way recorded September 13, 1948 in Book Page 76 oC Ollicial Records. PARCEL 2; That portion or the Agua I-Iedionda Lagoon generally relerred to as the h Lagoon. Tl~c Middle. Lagoo11 is designated and described ror the purposes o tloculncnt as hat portion of the lagoon waters that lie between the Easterly right o line ofthe Atchison, Topeka & Santa Fe Railway Company land and the Westerly ri wy li~c 01- LIIC CaliTon1i;I Illlcrshte Highway 5. EXCEPTING TI-IEREFROM any shore lands lying above mean sea level, 1 Datum. [ YMCALIC.DOCj