HomeMy WebLinkAbout1994-10-11; City Council; 12899; AMENDMENT TO LEASE - AGUA HEDIONDA LAGOON,~ ."
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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
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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
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6 WHEREAS, the City Council wishes to amend the lease with San Diego
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Electric to eliminate the middle portion of Agua Hedionda Lagoon; and
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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
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portion of the lagoon.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the (
Carlsbad, California, as follows:
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15 1. The above recitations are true and correct.
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~ 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
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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.
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2l PASSED, APPROVED, AND ADOPTED at a regular meeting of the City C
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of the City of CMsbad held on the m day Gf OCTOBER, 1994, by the following v
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AYES: Council Yembers Lewis, Stanton, Kulchin, Nygaard, Finni
NOES: None
ABSENT: None
lo I1 CLAUDE A. LEWIS, Mayor
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ATTEST:
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16 /I ' ALETHA L. RAUTENKRANZ, City Clerk
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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:
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”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.’’
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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
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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
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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
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EXHIBIT "A"
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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.
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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