Loading...
HomeMy WebLinkAbout1995-07-11; City Council; 13233; APPROVE FIRST AMENDMENT TO GROUND LEASE AT SAFETY CENTER’+“d , jr :;& %., 6 E & a. .I 2 0 4 5 =! 0 z 3 0 0 OF CARLSBAD - AGENM BILL : :. / L. *a<.-, -,2 ‘4’ I AB#- - APPROVE FIRST AMENDMENT TO DEPT. I I MTG. 7/11/95 DEPT. CSD I GROUND LEASE AT SAFETY CENTER (Contract No. C-45-8788) CITY A CITY M I I I ~~~ ~~~- RECOMMENDED ACTION: Adopt Resolution No. 9 5 + 19 y authorizing the Mayor to execute the First Amendment to the Ground Lease, dated July 1, 1988 (also Exhibit E of Contract No. C-45. 8788)at the Safety Center between the City of Carlsbad and the Carlsbad Unified School District . 1 ITEM EXPLANATION: The City of Carlsbad and the Carlsbad Unified School District entered into an Agreement f Cooperation, dated March 23, 1988 and a subsequent Ground Lease on July 1, 1988 for t School District’s use of modular buildings and parking’spaces at the Safety Center. The lease included the use of three City owned modular buildings. The City has a leased restroom modular building at this location that is used by the School District but was not included in the original lease with the School District. The monthly lease cost of the restroom modular building is $644; it will be purchased by the City to avoid further lease costs. The Ground Lease is being amended to provide the restroom modular building in exchans for one of the other modular buildings that is needed by the City. The amendment also provides ten additional parking spaces for the School District’s use and increases the rent the City by $450 per month for the remainder of the lease. The rent increase is retroactiw January 1, 1995. The cost to purchase the restroom modular building is $1 5,729. The additional revenue generated by the rent increase for the remainder of the lease term will 1 $18,900 which more than offsets the cost of the restroom modular building. i FISCAL IMPACT: I Approval of this agreement will resutt in a net increase in income to the City of $450 per month for 42 months (the remaining term of the lease) for a total of $18,900. The City will pay $1 5,729 for the restroom modular building. EXHI BIT 1. Resolution No. 9 5 - 19 q 2. First Amendment to Ground Lease at Safety Center I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 I.7 ~ 18 0 EXHIBIT 1 RESOLUTION NO. 9 5 - 19 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALlFdRNlA APPROVING TU€ FIRst' AMENDMENT TO THE GROUND LEASE AT THE SAFETY CENTER BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT WHEREAS, the parties entered into an Agreement for Cooperatio dated March 23, 1988, and a subsequent Ground Lease on July 1, 1988, for th, school district's use of modulars and parking space at the Safety Center; and WHEREAS, it is desirable to amend said lease to provide for an exchange of modular units plus ten additional parking spaces for the school district and a commensurate rental increase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the 1 ~ of Carlsbad as follows: I ~ 1. The above recitations are true and correct. 2. The First Amendment to the Ground Lease at the Safety Center between the City of Carlsbad and the Carlsbad Unif~ School District, dated July 1, 1988, attached hereto, is here l9 I approved. 20 21 22 23 24 25 26 27 28 3, The Mayor is hereby authorized to sign the Amendment to Ground Lease on behalf of the City. Ill 111 Ill Ill I1 4 1 2 3 4 5 6 7 8 9 10 11 12 13 3.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PASSED, APPROVED AND ADOPTED by the City Council of the C of Carlsbad at its regular meeting held on the 1 lth day of JULY 1995, by the following vote, to wit: ! AYES: Council Members Lewis, Kulchin, Finnila, Hall NOES: None ABSENT: Council Member - CLAUDE A. LEWIS, Mayor AITEST: 1 ALETHA L. RAUTENKRANZ, City Clerk’ (SEAL) e EXHIBIT 2 1 FIRST AMENDMENT TO GROUND LEASE AT SAFETY CENTER This First Amendment to the Ground Lease, dated July 1, 1988 (also Exhibit E of Contract No. C-45-8788) is made on this 12 th day of’ JULY , 1995 between the Carlsbad Unified School District (lessee) and the City of Carlsbad (lessor RECITALS WHEREAS, THE PARTIES ENTERED INTO an Agreement for Cooperation dated March 23, 1988, and a subsequent Ground Lease on July 1, 1988, for lessee’s us of modulars and parking space at lessor’s Safety Center, and WHEREAS, it is desirable to amend said lease to provide for an exchange of modular units plus ten additional parking spaces to the lessee and a commensurate re1 increase. NOW, THEREFORE, the parties agree as follows: 1. Paragraph 2 of the Ground Lease is amended by changing the square footage from 3260 to 3000 and adding after the existing text the following: Lessee agrf to turn back to the City one (1) 12’ x 58’ storage modular (indicated as #1 on the plor plan attached and ,marked Exhibit A to First Amendment to Ground Lease) in exchan for the use of the restroom modular (indicated as #4 on Exhibit A). 2. Paragraph 3.1 is amended by adding the beginning and ending dates of t term of ten years as: July 1, 1988 and July 30, 1998 respectively. 3. Paragraph 4 of the Ground Lease is amended by increasing the monthly rental by $450 per month from the current rate of $754 to $1,204 for the duration of t lease. 4. Paragraph 6 of the Ground Lease is amended to increase the number of vehicle storage spaces from twenty-two (22) to thirty-two (32) at the sites shown on Exhibit A . 5. The change in the rental amount shall be effective January 1, 1995. 6. Except as expressly modified herein, the remaining terms and conditions the Ground Lease remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Amendment to the Ground Lease as of the date set forth above. MISOSIIlo.I~M 0 0 LESSEE: LESSOR: Carlsbad Unified School District City of Carlsbad n Date: 4 .-e 93- Dat I iWd&L By: Appr ed as to f rm: &&&K Attorney for CUSD ' Approved as to form: @l<ZiLf ,+f Assistant City Attorne Baa& PpmprcQ 5-24-9s L, MISPS100.FM ATTACHMENT TO EXHI 0 -4*r 7 ~wr c 0 0 EXH1B1T 2 FIRST AMENDMENT TO GROUND LEASE AT SAFETY CENTER This First Amendment to the Ground Lease, dated July 1, 1988 (also Exhibii E of Contract No. C-45-8788) is made on this 12th day of JULY , 1995 between the Carlsbad Unified School District (lessee) and the City of Carlsbad (lessor) RECITALS WHEREAS, THE PARTIES ENTERED INTO an Agreement for Cooperation, dated March 23, 1988, and a subsequent Ground Lease on July 1, 1988, for lessee’s us€ of modulars and parking space at lessor’s Safety Center, and WHEREAS, it is desirable to amend said lease to provide for an exchange of modular units plus ten additional parking spaces to the lessee and a commensurate ren increase. NOW, THEREFORE, the parties agree as follows: 1. Paragraph 2 of the Ground Lease is amended by changing the square footage from 3260 to 3000 and adding after the existing text the following: Lessee agrec to turn back to the City one (1) 12’ x 58’ storage modular (indicated as #1 on the plot plan attached and marked Exhibit A to First Amendment to Ground Lease) in exchant for the use of the restroom modular (indicated as #4 on Exhibit A). 2. Paragraph 3.1 is amended by adding the beginning and ending dates of th term of ten years as: July 1, 1988 and July 30, 1998 respectively. 3. Paragraph 4 of the Ground Lease is amended by increasing the monthly rental by $450 per month from the current rate of $754 to $1,204 for the duration of th lease. 4. Paragraph 6 of the Ground Lease is amended to increase the number of vehicle storage spaces from twenty-two (22) to thirty-two (32) at the sites shown on Exhibit A . 5. The change in the rental amount shall be effective January 1, 1995. 6. Except as expressly modified herein, the remaining terms and conditions ( the Ground Lease remain in full force and effect. IN WITNESS WIIEREOF, the parties have executed this First Amendment to the Ground Lease as of the date set forth above. MISOSIOO.I~h1 0 0' I LESSEE: LESSOR: Carlsbad Unified School District City of Carlsbad Date: d .-p 92- 7 &z4m.Ld@L Appr ed as to form: LLhg?5Y@& @,KLLq +h,f Approved as to form: Attorney for CUSD Assistant City Attorn? L-, B,& pppy.Jt S"z4" MIS'JS100.l~M