HomeMy WebLinkAbout1998-01-13; City Council; 14516; ZONE 19 PARKLAND AGRICULTURAL LEASE9 B E
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WY OF CARLSBAD - AGEW BILL 7D/ue :-
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MTG. 1-13-98
DEPT. I
CITY M DEPT. p'
CITY A AGRICULTURAL LEASE
ZONE 19 PARKLAND
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RECOMMENDED ACTION:
City Council adopt Resolution No. 98-/+ approving the lease agreement
for 18 acres of City property to Sea Coast Greenhouses for agricultural purposes.
ITEM EXPLANATION :
The development in the Southwest Quadrant of the City has required parkland to be
dedicated to the City. This park property is approximately 24+ acres in size and is
currently vacant. It was deeded to the City in 1989 as part of the Hillman Properties
land dedication requirements. Sea Coast Greenhouses has approached us with a
request to lease the useable land for agricultural purposes.
Although the property is designated for Park purposes, a span of time will exist
(several year's) before any park development will occur. City staff believes a lease
agreement with Sea Coast Greenhouses would be advantageous to the City. It
would bring in additional revenue and prevent illegal dumping in the area which staff
must periodically clean up. Therefore, if Council concurs, staff has prepared lease
documents which have been reviewed and aproved as to form by the City Attorney's
office.
In essence, the term of the lease is for three (3) years with a 120-day cancellation
clause which may be initiated by either party. Staff believes this 120-day clause will
be effective and beneficial to both parties in terms of providing ample time in which
to terminate agricultural production while providing lead time prior to the actual
commencement of park development. It is estimated there are approximately 18
acres of usable land for agricultural purposes.
FISCAL IMPACT
The price negotiated for this lease is based on $300 per acre per year (consistent
with other agricultural leases). The resulting revenue for the annual lease would be
$5,400 should the agreement reach fruition.
EXHIBITS
1. Resolution No. 9f-/$
2. Lease Agreement
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RESOLUTION NO. 98-14
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
2 CARLSBAD, CALIFORNIA, AUTHORIZING THE LEASE OF
ZONE 19 PARK
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WHEREAS, the City of Carlsbad recently acquired additional property id€
5 II as Zone I9 Park Site to be developed for potential Municipal park expansion purr
6 WHEREAS, this property has been vacant and
7 WHEREAS, Sea Coast Greenhouses has requested a lease with the ( *
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Carlsbad and
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WHEREAS, the property is not scheduled for immediate development and
11 /I NOW, THEREFORE, BE IT RESOLVED by the City Council of the (
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1. That the above recitations are true and correct. 13
Carlsbad, California as follows:
2, That the City of Carlsbad City Council has decided the negotiated
l5 // price of $300 per acre, per year for the annual amount of $5,400.00 to be in th
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interest of the City to accept until such time as park development commences.
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1 3. The Mayor is hereby authorized to execute Lease Agreement Sea
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Greenhouses Aviara Park Site, Zone 19 attached hereto as Exhibit 2. The City C
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the City of Carlsbad is hereby authorized and directed to record the attached
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of the City of Carlsbad, California, held on the 13th day of January , 1998, 7
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City C 6
agreement in the Office of the San Diego County Recorder.
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following vote to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: None
ATTEST: &ht
ALETHA RAUTENKRANZ, City Cle k
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Carlshad
1200 Carisbad Vdlage Drive
Carlsbad, CA 92008
Space above this line for Recorder's Use
Assessor's Parcel No. 215-080-02
LEASE AGREEMENT
SEA COAST GREENHOUSES
AVIARA PARK SITE, ZONE 19
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CITY OF CARLSBAb
Flat Rate Lease -
(Aviara Park Site, Zone 19)
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SECTION
Section 1
1-01
1.02
1.03
1.04
1.05
1.06
Section 2
2.01 2.02
2.03
2.04
Section 3
3.01
3.02
3.03
3.04
Section 4
4.01
4.02
4.03
4.04
4.05
Section 5
5.01
5.02
5.03
Section 6
6.01
6.02
6.03
6.04
6.05
6.06
6.07
6.08
6.09
LEASE OUTLINE
PARAGRAPH
USES
Premises
Deletion of Portion of Leased Premises
Uses
Related Council Action
Quiet Possession
Easements and Reservations
TERM
Commencement
Holdover Quitclaim and Surrender of LESSEZE's Interest Termination of Lease
RENT
Time and Place of Payment
Rent
Delinquent Rent
Inspection of Records
ASSIGNMENT Time is of the Essence; Provisions Binding
on Successors
Assignment and Subletting
Encumbrance Defaults and Remedies
Eminent Domain
INSURANCE RISKS/SECURITY
Indemnity
Insurance
Waste, Damage or Destruction
IMPROVEMENTS/ALTERATIONS/REPAIRS Acceptance of Premises Entry and Inspection and Channel
Maintenance
Maintenance
Improvements/Alterations
Utilities
Liens
Taxes
Signs
Ownership of Improvements and Personal
Property
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SECTION
Section 7 7.01
7.02
7.03
7.04
7.05
7.06
7.07
7.08
7.09
7.10
7.11
7.12
7.13
7.14
Section 8
8.01
Section 9
9.01
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Section 10
PARAGRAPH
GENERAL PROVISIONS
Compliance with Law
CITY approval
Nondiscrimination
Partial Invalidity
Legal Fees
Number and Gender
Captions
Entire Understanding
Agricultural Provisions
Agricultural Operations
Noxious Weeds, Pests
Control of Livestock
Employee Housing Prohibited
Notices
WARRANm
Warranty
SIGNATURES
Signature Page
EXHIBITS
Exhibit A
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CITY OF CARISBAD
FLAT RATE LEASE
THIS LEASE AGREEMENT is executed between THE CITY OF CARLSBAD, a
municipal corporation, hereinafter called "CITY", and SEA COAST
GREENHOUSES ,hereinafter called "LESSEE".
SECTION 1: USES
1.01 Premises. CITY hereby leases to LESSEE and LESSEE
leases from CITY all of that certain real property
situated in the City of Carlsbad, County of San Diego, State of California, described in Exhibit "A" attached hereto and by this reference made
part of this agreement. Said real property is
hereinafter called the "premises" or "leased
premises".
1.02 Deletion of Portion of Leased Premises. In the event any portion of the leased premises is not used by LESSEE for its highest and best use, then CITY may, at CITY'S option, delete that portion of
the leased premises not used by LESSEE from
Section 1.01, Premises, hereof. Provided,
however, Section 3, RENT, hereof, shall be adjusted downward by the City Manager on an equitable basis.
1.03 Uses. It is expressly agreed that the premises, consisting of approximately 18 acres, is leased tc
LESSEE solely and exclusively for the purposes of growing crops and for such other related OL incidental purposes as may be first approved in
writing by the City Manager and for no other
purpose whatsoever.
LESSEE covenants and agrees to use the premise5
for the above specified purposes and to diligent11
pursue said purposes throughout the term hereof.
Failure to continuously use the premises for saic
purposes, or the use thereof for purposes not
expressly authorized herein, shall be grounds fo~
termination by CITY.
1.04 Related Council Actions. By the granting of thi:
lease, neither CITY nor the Council of CITY i:
obligating itself to any other governmental agent,
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board, commission, or agency with regard to any
other discretionary action relating to development
or operation of the premises. Discretionary
action includes, but is not limited to rezonings, variances, environmental clearances or any other
governmental agency approvals which may be required for the development and operation of the
leased premises.
1.05 Quiet Possession. LESSEE, paying the rent and
shall at all times during the term peaceably and
quietly have, hold and enjoy the premises. If
CITY for any reason cannot deliver possession of
the premises to LESSEE at the commencement of the
term, or if during the lease term LESSEE is
temporarily dispossessed through action or claim
of a title superior to CITY'S, then and in either
of such events, this lease shall not be voidable
nor shall CITY be liable to LESSEE for.any loss or
damage resulting therefrom, but there shall be determined and stated in wri.ting by the City Manager of CITY a proportionate reduction of the
minimum or flat rate rent for the period or
periods during which LESSEE is prevented from
having the quiet possession of all or a portion of
the premises.
performing the covenants and agreements herein,
1.06 Easements and Reservations.
a. CITY hereby reserves all rights, title and interest in any and all subsurface natural gas, oil, minerals and water on or within the premises.
b. CITY reserves the right to grant and USE easements or to establish and use rights-of-
way over, under, along and across the leasec premises for utilities, thoroughfares, 01
access as it deems advisable for the public
good.
c. CITY has the right to enter the premises fol
the purpose of making repairs to 01
developing municipal resources and services.
However, CITY shall not unreasonably 0: substantially interfere with LESSEE'S use of tht premises and will reimburse LESSEE for damages, i.
any, to the permanent improvements, includin?
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crops, located on the leased premises resulting
from CITY exercising the rights reserved in this sect ion. Such reimbursement may include a
reduction in the rent proportionate to the amount
the costs of maintenance and repair of all CITY
installations made pursuant to these reserved rights.
of damage as determined by CITY. CITY will pay
SECTION 2 : TERM
2.01 Commencement. Regardless of the date of execution
by the City, the term of this agreement shall be
three (3) years commencing on January 15, 1998 and
terminating January 14, 2001.
2.02 Holdover. Any holding over by LESSEE after expiration or termination shall not be considered as a renewal or extension of this lease. The occupancy of the premises after the expiration or termination of this agreement constitutes a month- to-month tenancy, and all other terms and
conditions of this agreement shall continue in
full
force and effect; provided, however, CITY shall
have the right to apply a reasonable increase in rent to bring the rent to fair market value and to terminate the holdover tenancy at will.
2.03 Quitclaim and Surrender of LESSEE'S Interest. At termination of this lease for any reason, LESSEE shall execute, acknowledge and deliver to CITY, within five (5) days after written CITY demand, a valid and recordable quitclaim deed covering all
of the premises. The premises shall be delivered
free and clear of all liens and encumbrances, and
in a decent, safe and sanitary condition.
At the expiration or earlier termination of this lease, LESSEE shall surrender the premises to CITY
free and clear of all liens and encumbrances,
except those liens and encumbrances which existed
on the date of execution hereof, and in a decent,
safe and sanitary condition. In the case of
termination of this lease by CITY prior to the end
of the specified lease term, any liens anc encumbrances must be approved in writing by the
City Manager.
If LESSEE fails or refuses to deliver the requirec
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deed, the CITY may prepare and record a notice
reciting LESSEE'S failure to execute this lease provision and the notice will be conclusive
evidence of the termination of this lease and all LESSEE'S rights to the premises.
2.04 Termination of Lease. Either party may terminate
this lease at any time upon 120 days notice to the
other. If at expiration of the 120 day time
period LESSEE still has crops growing, LESSEE shall be permitted to continue raising and tending the crops and shall be permitted to harvest the crops. The right to harvest t.he crops shall not
extend the term of the lease except that the
provisions of this lease, other than the extension
and harvest shall apply only to crops planted
before notice to terminate has been given.
provision, shall apply, The right to raise, tend
SECTION 3: RENT
3.01 Time and Place of Payment. Rent is due annually. Checks should be made payable to the City of
Carlsbad and mailed or delivered to the Financial
Management Director, 1200 Carlsbad Village Drive,
Carlsbad, California 92008.
The place and time of payment may be changed at
any time by CITY upon thirty (30) days written
notice to LESSEE. Mailed rental payments shall be
deemed paid upon the date such payment is
postmarked by the postal authorities. If
postmarks are illegible, the payment shall be
Management Director. LESSEE assumes all risk of
loss and responsibility for late payment charge: if payments are made by mail.
deemed paid upon actual receipt by the Financial
3.02 Rent.
a. Rent Amount. The initial rent is $540C
annually. Said rent is subject tc
adjustments based on increases, if any, ir
the Consumer Price Index (CPI) and in the
fair market value of the leased premises a: hereinafter provided.
b. (1) CPI Index Adjustments. At the end oj the first year following the effectivc date of the lease and at the end o!
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every year thereafter during the lease term, the rent shall be adjusted to
reflect increases in the Consumer Price
Index (CPI) .
The index used will ble the CPI for IIAl1
Urban Consumersf1 for Los Angeles/Long
Beach/Anaheim, California. If this
index is no longer published, the index
for adjustment wi1.1 be the U.S.
Department of Labor's "Comprehensive Official Index" most comparable to the
aforesaid index. If a rental adjustment
is calculated using an index from a
different base year than 1967, which
equaled a base figure of 100 for the
CPI, the base figure used will first be
converted under a formula supplied by
the Bureau of .Labor Statistics or its
successor.
If the Department of Labor indices are
no longer published, another index generally recognized as authoritative will be substituted by agreement of CITY and LESSEE. If the parties cannot agree
within sixty (60) days after demand by either party, a substitute index will be
selected by the Chief Officer of the
Regional Office of the Bureau of Labor
Statistics or its successor, notwithstanding continued reference herein to rlCPIl' in any event.
Regardless of the index publicatior dates, the effective date of the rent adjustment is as specified in this Subsection b. (1) CPI Index Adjustments. Until the rent adjustment can be
reasonably determined by the inde,
method, LESSEE shall continue to make
payments at the existing rental rate.
When the adjustment is determined, thc
balance of rents due at the adjustec
rate will be paid to CITY within thirt!
(30) days. In no event shall tht
adjusted rent as established by tht
Consumer Price Index be less than thl
rent in existence immediately prior tr
the adjustment date.
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(2) Index Adiustment Cornnutation. The rent for each rental period following the adjustment, until the next adjustment or
other rental determination as provided
herein, shall be determined prior to the
date of adjustment by multiplying the rent which is effective immediately prior to said adjustment by the "adjustment figure" established by the method outlined in the following paragraphs; provided, however, increases
in the rent shall not exceed six percent
(6%) per year nonaccumulative.
The "adjustment figure" shall be established by dividing the "current index" by the "base figure", both as
defined herein:
The "base figure" for the first such adjustment shall be a three-month
average of index- figures published by
said CPI using the fourth, fifth and sixth full months preceding the
effective date of this agreement.
To illustrate, if the lease began in
May, the CPI figures for November (sixth month), December (fifth month) and January (fourth month) preceding May would be averaged to establish the base
figure (Example 1) .
The "current index" shall be a three-
month average of index figures published by said CPI. The three months to be used to establish said average shall be the fourth, fifth and sixth full months preceding the adjustment date.
The "base figure" for each successive
adjustment shall be the "current index" figure used in the last preceding
adjustment period (Example 2).
Examle 1
Current Index 114 - = 1.04 (Adjustment
Figure)
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Base Figure 110
Effective Rent x 1.10 = Adjusted Rent
Example 2
Current Index 120
Base Figure 114
Effective Rent x 1.05 = Adjusted Rent
The adjustment figure is then multiplied by the
to determine the new rent. Using the foregoing
examples, if the rent is now $1,000 per month,
after the first adjustment it will be $1,040 per
month ($1,000 x 1.04) . In the second adjustment
it will be $1,092 per month ($1,040 x 1.05).
= 1.05 (Adjustment Figure)
monthly rent from the preceding adjustment period
3.03 Delinment Rent. If LESSEE fails to pay the rent when due, LESSEE will pay in addition to the unpaid rents, five percent (5%) of the delinquent rent. If the rent is still unpaid at the end of
fifteen (15) days, LESSEE shall pay an additional
five percent (5%) [being a total of ten percent
(10%) ] which is hereby mutually agreed by the
parties to be appropriate to compensate CITY for loss resulting from rental delinquency, including
lost interest, opportunities, legal costs, and the cost of servicing the delinquent account.
In the event that the CITY audit, if applicable, discloses that the rent for the audited period has
been underpaid in excess of five percent (5%) of
the total required rent, then LESSEE shall pay
CITY the cost of the audit plus ten percent (10%)
per year on the amount by which said rent was
underpaid in addition to the unpaid rents as shown
to be due CITY as compensation to CITY for
administrative costs and loss of interest as
previously described herein. LESSEE agrees to pay such amount and further agrees that the specific late charges represent a fair and reasonable
estimate of the costs that CITY will incur frorr
LESSEE'S late payment. Acceptance of late charges
and any portion of the late payment by CITY shall
in no event constitute a waiver of LESSEE default
with respect to late payment, nor prevent CITY
remedies granted in this lease. from exercising any of the other rights and
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3.04 InsDection of Records. LESSEE agrees to make any
and all records and accounts available to CITY for inspection at all reasonable times, so that CITY
These records and accounts will be made available
by LESSEE at the leased premises and will be
complete and accurate showing all income and
receipts from use of the premises. LESSEE I s
failure to keep and maintain such records and make
of this lease and cause for termination. LESSEE
shall maintain all such records and accounts for a
minimum period of five (5) years.
can determine LESSEE'S compliance with this lease.
them available for inspection by CITY is a breach
SECTION 4: ASSIGNMENT
4.01 Time is of the Essence: Provisions Bindinq on Successors. Time is of the essence for. all of the
terms, covenants and conditions of this lease and, except as otherwise provided herein, all of the
terms, covenants and conditions of this lease
and assigns of the respective parties, jointly and
individually.
shall apply to, benefit and bind the successors
4.02 Assicrnment and Sublettinq. LESSEE shall not assign this lease, or any interest therein, and shall not sublet the premises or any part thereof, or any right or privilege appurtenant thereto, OL suffer any other person, except employees, agents and guests of LESSEE, to use or csccupy the premises or any part thereof, without the prior
written consent of the City Manager in eack instance. Such consent by the City Manager shall not be unreasonably withheld. A consent tc assignment, subletting, occupation or use by an1
other person shall not be deemed to be a consent
to any subsequent assignment, subletting,
occupation or use by another person. Any suck assignment or subletting without such consent
shall be void, and shall, at the option of CITY, terminate this lease. This lease shall not, no1
shall any interest therein, be assignable, as tc
the interest of LESSEE, by operation of law,
without the written consent of the City Manager.
11Assignment17, for the purposes of this clause
shall include any transfer of any ownershi1
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interest in this lease by LESSEE OL' by any
partners, principals, or stockholders, as the case
may be, from the original LESSEE, its general
partners or principals.
Approval of any assignment or sublease shall be
conditioned upon the assignee or sublessee
agreeing in writing that it will assume the rights
and obligations thereby assigned or subleased and
that it will keep and perform all covenants,
conditions and provisions of this agreement which
are applicable to the rights acqyired.
4.03 Encumbrance. Subject to prior consent by CITY, which shall not be unreasonably withheld, LESSEE may encumber this lease, its leasehold estate and
its improvements thereon by deed of trust,
mortgage, chattel mortgage or other security
instrument to assure the payment of a promissory
note or notes of LESSEE, upon the express
condition that the net proceeds of such loan or
loans be devoted exclusively to the purpose of
developing and/or improving-the leased premises.
However, a reasonable portion of the loan proceeds may be disbursed for payment of incidental costs
of construction, including but not limited to the following: off-site improvements for service of
the premises; on-site improvements; escrow
charges; premiums for hazard insurance, or other
insurance or bonds required by CITY; title insurance premiums; reasonable loan costs such as discounts, interest and commissions; and architectural, engineering and attorney's fees and
construction.
Any subsequent encumbrances on the premises or on
any permanent improvements thereon, must first have the approval in writing of City Manager. Such subsequent encumbrances shall also be for the
exclusive purpose of development of the premises.
Provided, however, after the premises are fully
developed in accordance with said Development Plan
to the satisfaction of the City Manager, proceeds from refinancing or from such subsequent encumbrances may be used to reduce LESSEE'S equity so long as there is also substantial benefit to
the CITY therefrom. LESSEE understands and
specifically agrees that the City Manager shall
have the sole and absolute discretion to approve
such other normal expenses incidental to such
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or disapprove any such proposed subsequent
encumbrance including, but not limited to, amending the lease to provide then current rents and provisions.
In the event any such approved deed of trust or
mortgage or other security-type instrument should
at any time be in default and be foreclosed, or
transferred in lieu of foreclosure, the CITY will
accept the approved mortgagee or beneficiary
thereof as its new tenant under this lease with
all the rights, privileges and duties granted and
imposed in this lease.
Any default, foreclosure or sale pursuant to said
deed of trust, mortgage or other security
instrument, shall be invalid with respect to this lease without prior notice thereof to CITY. Upon
prior written approval by CITY, said mortgagee or
beneficiary may assign this lease to its nominee, if nominee is a reputable, qualified and financially responsible person in the opinion of
CITY. Any deed of trust, mortgage or other
security instrument shall be subject to all of the
terms, covenants and conditions of this lease and
shall not be deemed to amend or alter any of the terms, covenants or condition hereof,
4.04 Defaults and Remedies.
a. Default. In the event that:
(1) LESSEE shall default in the performance of any covenant or condition required by this lease to be performed by LESSEE and shall fail to cure said default within thirty (30) days following written notice thereof fror CITY; or if any such default is not curable within thirty (30) days, shall fail tc commence to cure the default(s) within saic thirty-day period and diligently pursue sucl
cure to completion; or
(2) LESSEE shall voluntarily file or have
under any bankruptcy or insolvency act 01
law; or
involuntarily filed against it any petitio1
(3) LESSEE shall be adjudicated a bankrupt; or
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(4) LESSEE shall make a general assignment for
the benefit of creditors;
then CITY may, at its option, without further notice or demand upon LESSEE or upon any person
claiming rights through LESSEE, immediately
terminate this lease and all rights of LESSEE and of all persons claiming rights through LESSEE to the premises or to possession thereof; and CITY
may enter and take possession of the premises. Provided, however, in the event that any default described in Section 4.04a. (11, Default and Remedies, hereof is not curable within thirty (30) days after notice to LESSEE, CITY shall not terminate this lease pursuant to the default if
LESSEE immediately commences to cure the default
and diligently pursues such cure to completion.
In the event that there is a deed of trust or
mortgage on the leasehold int.erest, ~ CITY shall
give the mortgagee or beneficiary written notice of the default (s) complained of, and the same mortgagee or beneficiary shall have thirty (30.)
days from such notice to cure the default(s) or, if any such default is not curable within thirty
(30) days, to commence to cure the default(s) and diligently pursue such cure to completion. The thirty-day period may be extended during such time as mortgagee or beneficiary pursues said cure with
reasonable diligence.
b. Remedies. If the mortgagee or beneficiary shall
be required to exercise its right to cure said
default (s) through litigation or through
foreclosure, then CITY shall have the option of the following courses of action in order that the default(s) may be expeditiously correction:
(1) CITY may correct said default(s) and charge
the costs thereof to the account of LESSEE,
which charge shall be due and payable on the
date that the rent is next due after
presentation by CITY to LESSEE and mortgagee or beneficiary of a statement of said costs.
(2) CITY may correct said default(s) and pay the
costs thereof from the proceeds of any
insurance fund held by CITY, CITY and LESSEE
or by CITY and mortgagee or beneficiary, or CITY may use the funds of any faithful
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performance or cash bond on deposit with
CITY, or CITY may call on the bonding agent
to correct the default(s) or to pay the costs of correction performed by or at the
direction of CITY.
(3) CITY may terminate this lease as to the
rights of LESSEE by assuming or causing the
assumption of liability for any trust deed or mortgage. LESSEE agrees to assume and pay any and all penalties or :bonuses required by
the beneficiaries, trustees or mortgagees as a condition for early payoff of the related
obligations by CITY. CITY may, as an
alternative, substitute €or the terminated
LESSEE a new LESSEE reasonably satisfactory
to the mortgagee or beneficiary. -Y
reasonable costs incurred by CITY in
releasing to a new tenant shall be the
responsibility of the terminated, LESSEE and
LESSEE hereby agrees to reimburse CITY for any such costs.
Should the default(s) be noncurable by LESSEE, then any lender holding a beneficial interest in
the leasehold, whose qualifications as an assignee
have been approved by CITY, shall have the
absolute right to substitute itself to the estate
of LESSEE hereunder and to commence performance of
this lease. If such mortgagee or beneficiary
shall give notice in writing of its election to sc
substitute itself within the thirty-day period
after receiving written notice by CITY of the
default, and the default, if curable, is cured bl such mortgagee or beneficiary, then this lease shall not terminate pursuant to the default. Ir that event, CITY expressly consents to the substitution and authorizes the mortgagee or beneficiary to perform under this lease with all the rights, privileges and obligations of LESSEE, subject to cure of the default, if possible, bl mortgagee or beneficiary. LESSEE expressly agree:
to assign all its interest in and to its leaseholc
estate to mortgagee or beneficiary in that event.
c. Abandonment bv LESSEE. Even though LESSEE has
breached the lease and abandoned the property, this lease shall continue in effect for so long a:
CITY does not terminate this lease, and CITY ma]
enforce all its rights and remedies hereunder,
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including but not limited to the right to recbuer the rent as it becomes due, plus damages.
d. Waiver. Any CITY waiver of a default is not a
waiver of any other default. Any waiver of a
default must be in writing and be executed by the City Manager. in order to constitute a valid and
binding waiver. CITY delay or failure to exercise
a remedy or right is not a waiver of that or any
other remedy or right under this lease. The use
of one remedy or right for any default does not
waive the use of another remedy or right for the
same default or for another or later default. CITY’S acceptance of any rents is not a waiver of any default preceding the rent payment. CITY and
LESSEE specifically agree that the property constituting the premises is CITY-owned and held in trust for the benefit of the citizens of the City of San Diego and that any failure by the City Manager or CITY staff to discover a default shall not result in an equitable estoppel, but CITY
shall at all times, subject to the applicable
statute of limitations, have the legal right to
require the cure of any default when and as such
~, defaults are discovered or when as the City Council directs the City Manager to take action or
require the cure of any default after such default is brought to the attention of the City Council by
the City Manager or by any concerned citizen.
4.05 Eminent Domain. If all or part of the premises
are taken through condemnation proceedings or
under threat of condemnation by any public authority with the power of eminent domain, the
interests of CITY and LESSEE (or beneficiary or
mortgagee) will be as follows:
a. In the event the entire premises are taken, this
lease shall terminate on the date of the transfer of title or possession to the condemning
authority, whichever first occurs.
b. In the event of a partial taking, if, in the
opinion of CITY, the remaining part of the
premises is unsuitable for the lease operation,
this lease shall terminate on the date of the
transfer of title or possession to the condemning
authority, whichever first occurs.
C. In the event of a partial taking , if , in the
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opinion of CITY, the remainder of the premises is suitable for continued lease operation, this lease
shall terminate in regard to the portion taken on
the date of the transfer of title or possession to
the condemning authority, whichever first occurs, but shall continue for the portion not taken. The minimum rent shall be equitably reduced to reflect the portion of the premises taken.
d. Award. All monies awarded in any such taking
shall belong to CITY, whether such taking results
in diminution in value of the leasehold or the fee
or both; provided, however, LESSEE shall be entitled to any award attributable to the taking of or damages to LESSEE's then remaining leasehold interest in installations or improvements of LESSEE, including crops. CITY shall have no
liability to LESSElE for any award not provided by
the condemning authority.
e. Transfer. CITY has the right to transfer CITY'S
interests n the premises in lieu of condemnation to any authority entitled to exercise the power of
eminent domain. If a transfer occurs, LESSEE shall retain whatever interest it may have in the fair market value of any improvements placed by it on the premises in accordance with this lease so long as such rights do not unreasonably or substantially interfere with LESSEE's operations.
f. No Inverse Condemnation. The exercise of any CITY
right under this lease shall not be interpreted as
an exercise of the power of eminent domain and
shall not impose any liability upon CITY for inverse condemnation.
SECTION 5: INSURANCE RISKS/SECURITY
5.01 Indemnity. LESSEE shall at all times relieve,
indemnify, protect, and save CITY and any and all
of its boards, officers, agents and employees
harmless from any .and all claims and demands,
actions, proceedings, losses, liens, costs, judgments, civil fines, and penalties of any nature whatsoever in regard to or resulting frorr the use of the premises, including but not limited to expenses incurred in legal actions, death,
injury, or damage that may be caused directly or
indirectly by:
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a. any unsafe or defective condition in or on the
premises of any nature whatsoever which may exist
by reason of any act, omission, neglect, or any
use or occupation of the premises;
b. any operation, use or occupation conducted on the
premises;
c. any act, omission, or negligence on the part of
LESSEE, its employees, agents, sublessees,
invitees, licensees; or
d. any failure by LESSEE to comply or secure compliance with any of the lease terms or
conditions.
5.02 Insurance. LESSEE shall take out and maintain at
all times during the term of this lease the
following insurance at its sole expense:
a. Public liability and ProDertv Damase Insurance in the amount of not less than ONE MILLION DOLLARS
($1,000,000) Combined Single Limit Liability with an occurrence claims form, if available. This
policy shall cover all injury or damage, including death, suffered by any party or parties from acts or failures to act by CITY or LESSEE or by authorized representatives of CITY or LESSEE on or in connection with the use or operation of the
premises.
b. Fire, Extended Coverase. and Vandalism Insurance
policy on all insurable property on the premises
in an amount to cover 100 percent of the
replacement cost. Any proceeds from a loss shall
be payable jointly to CITY and LESSEE. The
proceeds shall be placed in a trust fund to be
reinvested in rebuilding or repairing the damaged
property. If there is a mortgage or trust deed on the leasehold in accordance with Section 4.03, Encumbrance, hereof, the proceeds may be paid to the approved mortgagee or beneficiary so long as
adequate provision reasonably satisfactory to CITY
has been made in each case for the use of all
proceeds for repair and restoration of damaged or
destroyed improvements on the premises.
c. Condition. All insurance policies will name CITY
as an additional insured, protect CITY against any
legal costs in defending claims, and will not
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terminate without sixty (60) days prior written notice to CITY. All insurance companies must be satisfactory to CITY and licensed to do business in California. All policies will be in effect on or before the first day of the lease, except
rlcourse of construction fire insurancell shall be
in force on commencement of all authorized
construction on the premises, and full applicable fire insurance coverage shall be effective upon completion of each insurable improvement. A copy of the insurance policy will remain on file with
least thirty (30) days prior to the expiration of
each policy, LESSEE shall furnish a certificate(s)
showing that a new or extended policy has been
obtained which meets the terms of this lease.
CITY during the entire term of the lease. At
d. Modification. CITY, at its discretion, may
require the revision of amounts and coverages at any time during the term by giving LESSEE sixty
(60) days prior written notice. CITY I s requirements shall be designed to assure protection from and against -the kind and extent of
to obtain any additional insurance required by
CITY for new improvements, in order to meet the requirements of this lease.
risk existing on the premises. LESSEE also agrees
e. Accident ReDorts. LESSEE shall report to CITY any accident causing more than TEN THOUSAND DOLLARS
($10,000) worth of property damage or any serious injury to persons on the premises. This report shall contain the names and addresses of the parties involved, a statement of the circumstances, the date and hour, the names and addresses of any witnesses and other pertinent
information.
f. Failure to ComDlv. If LESSEE fails or refuses to
take out and maintain the required insurance, or
fails to provide the proof of coverage, CITY has
reimburse CITY for the premiums paid with interest
at the maximum allowable legal rate then in effect
in California. CITY shall give notice of the
payment of premiums within thirty (30) days of
payment stating the amount paid, names of the
insurer(s) and rate of interest - Said
reimbursement and interest shall be paid by LESSEE
on the first (1st) day of the month following the
the right to obtain the insurance LESSEE shall
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notice of payment by CITY.
Notwithstanding the preceding provisions of this
Subsection f. , if LESSEE fails or refuses to take
out or maintain insurance as required in this
lease, or fails to provide the proof of insurance,
CITY has the right to declare this lease in
default without further notice to LESSEE and CITY
shall be entitled to exercise all legal remedies
in the event of such default.
5.03 Waste, Damase or Destruction. LESSEE agrees to
give notice to CITY of any fire or other damage
that may occur on the leased premises within ten
(10) days of such fire or damage. LESSEE agrees not to commit or suffer to be committed any waste
or injury or any public or private nuisance, to
keep the premises clean and clear of refuse and
obstructions, and to dispose of all garbage, trash, and rubbish in a manner satisfactory to CITY. If the leased premises shall be damaged by any cause which puts the premises into a condition which is not decent, safe, - healthy and sanitary,
LESSEE agrees to make or cause to be made full repair of said damage and to restore the premises
to the condition which existed prior to said
damage; or, at CITY'S option, LESSEE agrees to
clear and remove from the leased premises all
debris resulting from said damage and rebuild the
premises in accordance with plans and specifications previously submitted to CITY and approved in writing in order to replace in kind and scope the operation which existed prior to such damage, using for either purpose the
insurance proceeds as set forth in Section 5.02,
Insurance, hereof.
LESSEE agrees that preliminary steps toward performing repairs, restoration, or replacement of the premises shall be commenced by LESSEE within thirty (30) days, and the required repairs,
restoration, or replacement shall be completed
within a reasonable time thereafter. CI.TY may determine an equitable deduction in the minimum
annual rent requirement for such period or periods
that said premises are untenantable by reason of
such damage.
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SECTION 6: IMPROVEMENTS/ALTERATIONS/REPAIRS
6.01 Acceptance of Premises. By signing this lease, LESSEE represents and warrants that it has
independently inspected the premises and made all
tests, investigations, and observatiQn8 necessary
to satisfy itself of the condition of the
premises. LESSEE agrees it is relying solely on such independent inspection, tests,
investigations, and observations in making this
lease. LESSEE further acknowledges that the premises are in the condition called for by this lease, that CITY has performed all work with respect to the premises, and that LESSEE does not hold CITY responsible for any defects in the premises.
6.02 Entry and Inspection and Channel Maintenance.
CITY reserves and shall always have the right to enter said premises for the purpose of.viewing and ascertaining the condition of the same, or to
protect its interests in the premises, or to
inspect the operations condbcted thereon. In the
event that such entry or inspection by CITY
discloses that said premises are not in a decent, safe, healthy, and sanitary condition, CITY shall have the right, after ten (10) days written notice
to LESSEE, to have any necessary maintenance work
done at the expense of LESSEE, and LESSEE hereby agrees to pay promptly any and all costs incurred by CITY in having such necessary maintenance work done, in order to keep said premises in a decent, safe, healthy, and sanitary condition. Further, if at any time CITY determines that said premises are not in a decent, safe, healthy, and sanitary condition, CITY may at its sole option, without
additional notice, require LESSEE to file with CITY a faithful performance bond to assure prompt correction of any condition which is not decent, safe, healthy and sanitary. Said bond shall be in an amount adequate in the opinion of the CITY to
correct the said unsatisfactory condition. LESSEE
shall pay the cost of said bond. The. rights
reserved in this section shall not create any
obligations on CITY or increase obligations elsewhere in this lease imposed on CITY.
6.03 Maintenance. Except as hereinafter provided,
LESSEE agrees to assume full responsibility and
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cost for the operation and maintenance of the premises throughout the term. LESSEE will perform
all such repairs and replacements necessary to
maintain and preserve the premises in a decent,
safe, healthy and sanitary condition satisfactory to CITY and in compliance with all applicable
laws. Appropriate codes and standards of CITY,
state and federal agencies shall be observed in
all maintenance, repairs and replacements on the
premises.
6.04 Im?xovements/Alterations. No improvements,
structures, or installations shall be constructed
on the premises, and the premises may not be
altered by LESSEE without prior written approval
by the City Manager. Further, LESSEE agrees that
major structural or architectural design
alterations to approved improvements, structures,
or installations may not be made on the premises
without prior written approval by the City Manager
and that such approval shall not be unreasonably
of any obligation under this lease to maintain the
premises in a decent, safe, healthy, and sanitary
condition, including structural repair and restoration of damaged or worn improvements. CITY shall not be obligated by this lease to make or assume any expense for any improvements or alterations.
withheld. This provision shall not relieve LESSEE
6.05 Utilities. LESSEE agrees to order, obtain, and
pay for all utilities and service and installation charges in connection with the development and
operation of the leased premises.
6.06 Liens. LESSEE shall at all times save CITY free
and harmless and indemnify CITY against all claims
for labor and materials in connection with
operations, improvements, alterations, or repairs
against such claims, including reasonable
attorney's fees.
If improvements, alterations, or repairs are made
to the premises by LESSEE or by any party other
than CITY, and a lien or notice of lien is filed, LESSEE shall within five (5) days of such filing
either:
a. take all actions necessary to record a valid
on or to the premises and the costs of defending
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release of lien, or
b. file with CITY a bond, cash, or other
in full all claims of all persons seeking
relief under the lien.
security acceptable to CITY sufficient to pay
6.07 Taxes. LESSEE agrees to pay, before delinquency, all taxes, assessments, and fees assessed or
levied upon LESSEE or the premises, including the
land, any buildings, structures, machines,
equipment, appliances, or other improvements or property of any nature whatsoever erected,
installed or maintained by LESSEE or levied by
reason of the business or other LESSEE activities
related to the leased premises, including any licenses or permits. LESSEE recognizes and agrees that this lease may create a possessory interest gubject to property taxation, and that LESSEE may be subject to the payment of taxes levied on such
interest, and that LESSEE shall pay all such
possessory interest taxes. LESSEE further agrees
that payment for such taxes-, fees and assessments will not reduce any rent due CITY.
6.08 Sisns. LESSEE agrees not to erect or display any
banners, pennants, flags, posters, signs, decorations, marquees, awnings, or similar devices
or advertising without the prior written consent
of CITY. If any such unauthorized item is found
on the premises, LESSEE agrees to remove the item
at its expense within 24 hours notice thereof by
CITY, or CITY may thereupon remove the item at
LESSEE'S cost.
6.09 OwnershiD of ImProvements and Personal ProDertv.
a. Any and all improvements, trade fixtures,
structures and installations or additions to
the premises now existing or constructed on
the premises by LESSEE shall at lease expiration or termination be deemed to be part of the premises and shall beca,me, at
CITY'S option, CITY'S property, free of all liens and claims except as otherwise provided
in this lease.
b. If CITY elects not to assume ownership of all
or any improvements, trade fixtures,
structures and installations, CITY shall so
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notify LESSEE thirty (30) days prior to termination or one-hundred-eighty (180) days
prior to expiration, and LESSEE shall remove
all such improvements, structures and
. installations as directed by CITY at LESSEE'S
sole cost on or before lease expiration or termination. If LESSEE fails to remove any
improvements, structures, and installations as directed, LESSEE agrees to pay CITY the
full cost of any removal.
C. LESSEE-owned machines, appliances, equipment (other than trade fixtures) , and other items
of personal property shall be removed by
Lessee by the date of the expiration or
termination of this lease. Any said items
which LESSEE fails to remove will be
considered abandoned and become CImls
property free of all claims and liens, or
CITY may, at its option, remove sqid items at
LESSEE'S expense.
d. If any removal of such personal property by
LESSEE results in damage to the remaining improvements on the premises, LESSEE agrees to repair all such damage.
e. Any necessary removal by either CITY or
LESSEE which takes place beyond said
expiration or termination thereof shall
require LESSEE to pay rent to CITY at the
rate in effect immediately prior to said
expiration or termination.
f. Notwithstanding any of the foregoing, in the
event LESSEE desires to dispose of any of its
personal property used in the operation of
said premises upon expiration or terminatior
of this lease, then CITY shall have the first
right to acquire or purchase said personal
property.
SECTION 7: GENERAL PROVISIONS
7.01 Notices
a. Any notice required or permitted to be giver hereunder shall be in writing and may be senred personally or by United States mail, postage prepaid, addressed to LESSEE at the
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l~ed DYMI~MB OY at au~k other address designated in writing by LESSEE; and to CITY
as follows:
City Manager
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Copies to:
City Engineer
1200 Carlsbad Village Drive
Carlsbad, CA 92008
or to any mortgagee, trustee, or beneficiary
as applicable, at such appropriate address designated in writing by the respective
party.
b. Any party entitled or required ,to receive notice under this lease may by like notice designate a different address to which
notices shall be sent. -
7.02 ComDliance with Law. LESSEE shall at all times in the construction, maintenance, occupancy and operation of the premises comply with all applicable laws, statutes, ordinances, and regulations of CITY, County, State and Federal Governments at LESSEE'S sole cost and expense. In addition, LESSEE shall comply with any and all notices issued by the City Manager or his authorized representative under the authority of any such law, statute, ordinance, or regulation.
7.03 CITY Amxoval. The approval or consent of CITY,
wherever required in this lease, shall mean the written approval or consent of the City Manager
unless otherwise specified, without need for further resolution by the City Council.
7.04 Nondiscrimination. LESSEE agrees not to
discriminate in any manner against any person or
persons on account of race, marital status, sex,
religious creed, color, ancestry, national origin, age or physical handicap in LESSEE'S use of the premises, including, but not limited to the providing of goods, senrices, facilities, privileges, advantages, and accommodations, and
the obtaining and holding of employment.
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7.05 Partial Invalidity. If any term, covenant,
condition or provision of this lease is found
invalid, void or unenforceable by a court of
competent jurisdiction, the remaining provisions
will remain in full force and effect.
7.06 Lesal Fees. In the event of any litigation
regarding this lease, the prevailing party shall
be entitled to an award of reasonable legal costs,
including court and attorney's fees.
7.07 Number and Gender, Words of any gender used in
this! lease shall include any other gender, and words in the singular number shall include the plural, when the tense requires.
7.08 CaDtions. The Lease Outline, section headings,
and captions for various articles and paragraphs
shall not be held to define, limit, augment, or
describe the scope, content, or intent of any or
all parts of this lease. The numbers of the
paragraphs and pages of this lease may not be
consecutive. Such lack of consecutive numbers is
intentional and shall have no effect on the
enforceability of this lease.
7.09 Entire Understandinq. This lease contains the
entire understanding of the parties. LESSEE, by
signing this agreement, agrees that there is no
other written or oral understanding between the
parties with respect to the leased premises. Each
party has relied on its own examination of the
premises, advice from its awn attorneys, and the
warranties, representations, and covenants of the
lease itself. Each of the parties in this lease agrees that no other party, agent, or attorney of any other party has made any promise, representation, or warranty whatsoever which is not contained in this lease.
The failure or refusal of any party to read the
lease or other documents, inspect the premises,
and obtain legal or other advice relevant to this
transaction constitutes a waiver of any objection,
contention, or claim that might have been based on
these actions. No modification, amendment, or
alteration of this lease will be valid unless it
is in writing and signed by all parties.
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7.10 Asricultural Provisions. LESSEE shall use
standard agricultural practices in growing,
tending and harvesting said crops and shall not
use the property in such a manner as to constitute a nuisance to adjoining property owners or
lessees. LESSEE shall comply with the following
requirements :
a. Drip irrigation shall be used whenever
possible.
b. All plastic material and debris shall be
completely removed from the property at the
completion of the lease.
c. No aerial application of pesticides or
fertilizers shall be permitted.
d. A "Resource Management System" which is a detailed report on what crops will be grown, how crops will be irrigated, what: pesticides will be used, what type of fertilizer will be used and the application methods of
pesticides and fertilizers, shall be
submitted and approved by the Public Works
Director or his deslignee prior to
commencement of agricultural operations of
the land.
e. No planting, grading, spraying, cultivating or other disturbance whatsoever shall be allowed in the wetlands area, riparian area, rare and endangered plant species area, or archaeological area.
f. Erosion shall be controlled and monitored by the Universal Soil Loss Equation provided by
U.S. Soil Consewation Service. If erosion
exceeds three tons per acre CITY may
terminate this lease.
g. No soil is to be left uncropped.
h. No land with an average slope of 30 percent or more shall be farmed.
i. All pesticide application shall be approved
and supervised by the county agricultural
office, with all necessary permits obtained
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from county in advance. A complete record of fertilization and pesticide application must
be kept and made available upon request by CITY.
~-
j. Access roads shall be limited to those approved by the Public Works Director and shall not cause erosion problems.
7.11 Asricultural ODerations. LESSE:E agrees to abide
by the conditions for agricultural operations set
forth herein. Failure of LESSEE to cease or cure any unauthorized practice within 30 days after written notice to do so shall constitute at the option of CITY, an immediate termination of the
lease.
7.12 Noxious Weeds, Pests. -LESSEE shall take proper
prevent the infestation of noxious weeds and
corrective action, to the satisfaction of CITY, to
pests.
7.13 Control of Livestock. The premises shall be
adequately fenced to control livestock without
cost to CITY and in a manner satisfactory to CITY.
LESSEE shall be solely responsible for all damage
of any kind resulting from livestock leaving said
premises.
7.14 EmDlOVee Housins Prohibited. LESSEE shall not
provide housing for employees or any other persons
on the property. LESSEE shall not permit LESSEE'S employees or any other persons to reside upon the property in any way.
SECTION 8 : WARRANTY
8.01 Warrantv The CITY does not warrant that the
premises are suitable for the agricultural
purposes for which they are leased.
//// //// //// //// //// -I/// ////
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I///
SECTION 9: SIGNATURES
9.01 Siqnature Paqe
s executed by CITY,
ESSEE, acting by and
THE CITY 0
I- 144 9s'
LESSEE: S~L Gmj Gmpd/ddxes
r. By :
Title
:3Hd/D L .7pu//y
Printed Name
/g "/ - 199 7
Date
By :
Title
Printed Name Date
APPROVED as to form and legality this .,p fl 4 day of ",
199@.
- BY / .
,&+?. City Attore
EXHIBIT A: Property Description
EXHIBIT B:
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I
U
On /-34% beforeme, &?L.y$eL-kh. /l Q
i7llbiC IDATEI ElTlTLE f OFFICER-+.a.'JANE DOE, NdTARY b?Buc.i
personally appeared I_" or;; I" I
INAMEISI OF SIGN'ERISII
(I II
0 personally known to me -0R- roved to me on the asis of satisfactory evidence to be the person(@ whose name(%) ISW subscribed to the within instrument and acknowledged to me that he/- executed the same in his/h&&&r authorized capacity(&), and that by hislbe&kir signature{# on the instrument the person(d, or the entity upon behalf
acted, executed the instrument.
dg
of which the person(@
ISEACI
Witness my hand and official seal. n /I
I \) S
AlTENTlON NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE lib or Typo of Document L Gc?reemmt
MUST BE ATTACHED
TO ME DOCUMENT Number of Pager !& Date of Document fl- 7 - q g
DESCRIBED AT RIGHT:
Siner(sl Other Than Nmd Above
RIGHT THUMBPRINT [Optional)
I
w
w x 3 2
ro
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1
02 CAP CITY CLAIMED BY SIONERI
DIVIDUALIS)
OCORWRATE -
OFFICERS)
ITINS
OPARTNERISI OLlMlTED
OGENERAL
OAlTORNEY IN FACT
OTRUSTEEIS)
OGUARDlANlCONSERVATOR
OOMER:
SIONER IS REPRESENTINO:
IN.- of Per ontrl or Entityliim)
Sea . Lws+
firem b~
RIGHT THUMBPRINT [Optionall
I [j
.L P
CAPACITY CLAIMED BY SIGNER
OINDIVIDUAL(SI
OCORWRATE
OFFICERISI
ITITLES)
OPARTNERISI OLlMlTED
OGENERAL
OATTORNEY IN FACT
OTRUSTEE(S1
OGUARDlANlCONSERVATOR
OOTHER:
SIGNER IS REPRESENTINO:
(Name of Psrronlr) or Entitylisrl
!I ;,iL WOLCOTTS FORM 03240 Rev. 5-84 lprtce clm 8-2A) Q1994 WOLCOTTS FORMS. INC.
ALL PURPOSE ACKNOINLEOGMENT WITH SIGNER CAPACINlAEPRESENTATION~O FINGERPRINTS
- ~~~lllllllll~~l L777C L7 I I
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EXXXBIT"A"
LEGAL DESCRIPTION
(PARK SITE)
- PARCEL~~A~~
That portion of Section 22, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of
San Diego, State of California, according to official plat
thereof as shown on Record of Survey No. 10774, recorded
October 30,1986 as file no. 86-494160, being more particularly described as follows:
Commencing at the southeast corner of said Section 22: thence
along the easterly line of said Section 22, North 00'33'25" Ea~t~1634.46 feet to the TRUE POINT OF BEGINNING ; thence leaving said easterly line, South 89'46'56Il West,678.27 feet:
thence South 44'1880611 West,124.45 feet: thence South
89'18806f1 West,566.00 feet: thence North 19'52'40" East,92.87 feet: thence North 45'10'21" West,54.44 feet; thence North
13'28r0411 East,60.92 feet; thence North 00'22'40" We~t~320.06 feet; thence North 12'18'08" West,92.73 feet; thence North
50'59'09'' East,201..72 feet; thence North 14'03'OB!'
West, 251.61 feet to a point on the northerly line of said Record of Survey No.10774 thence South 89'28'30" East,322.59
feet; thence leaving said northerly line-South 00'43'00" East,121.77 feet: thence South 49'41'3.3" Weat,S0.16 feet: thence South 10'13'0881 West,45.76 feet: thence South 34'30'47" East,34.62 feet: thence South 62'22'17" East,25.68
feet: thence South 19'35'241u We~t~109.22 feet: thence North 75'32'32Il East'110.78 feet: thence North 35'50'10"
Ea~t~100.96 feet; thence South 82'53'54Il Ea~t~31.50 feet: thence North 56'01'4411 East,225.45 feet: thence North
43'54'35l' Ea~t~93.91 feet: thence North 73'18'1511 Ea~t~133.63
feet to a point on the northerly line of said Record of
Survey No.10774, thence along said northerly line, South
89'28r3011 Ea~t~135.92 feet: thence leaving said northerly line South 52'45'54Il East,325.96 feet to a point on the
easterly line of said Section 22; thence along said easterly linerSouth 00'33'25tt We~t~661.79 feet to the TRUE POINT OF
BEGINNING.
The her.einabove described parcel of land contains 24.250
acres.
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P4D lkhnologlw
401 Wa 'A' Slreet. Suite 2Mo u :zEz 619.2324466
EXHIBIT IlAlI
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.1 PARCEL "A I' I
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24.250 A CRES 9
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14 APN 215-080-02 I ?
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N44.18 .,,,
f 24.45 ~89.46 '56"E 678.27'
I N89 '1 8 '06 *E 566.00 '
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R OF S 10774 T12S R4W SB" I I I
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I Elumber I
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I L1 N19'52'40"€ L 2 h'45'10'21'W 54.44
I L4 NO0 ' 22 ' 40 'W 320.06
I L 5 Nl2'18'08"K 92.73 ' 16 N50'59'09"€ 201.72 ; I I 17 N14°03'08*U 251.61 322.59 ' L8 I N89.28 '30 "K L9 NO0 '43 '00 'W 121.77 : L 10 N49 41 '33 "E 50.16 I L 11 N10'13'08"E 45.76 ' 1 L 12 N34'30'47"K 34.62 '
1 LINE TABLE
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92.87 : N I L 3 NI3'28'04'E 60.92:
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I L 13 N62.22 '1 7 'W 25.68 ' 19
I L 15 N75°32'.3Z"E 11 0.78
L 18 ffS6 01 '44 "€ 225.45 ; I L 19 El43.54 '35"E 93-91 I
I 1 2U N?3*18'15"€ 133.63 ' L 2f El89'28 '.30"I/ 135.92;
I L 14 .ff19°35'24"E 109.22 1
I 31.50'
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12 L 16 N35.50 '1 0"E 100.96 ' SCALE 1 '=Zoo ' IO
I . L 17 N82 '53 '54 "I/ I
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I I. L 22 ff52 ' 45 '54 "K 325.96
PLA T TO IL L US 7-RA 7-E LEGAL DEscRIp 7-lofd
FOR PARK sr7-E I
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€NG/N€€R OF WORK:
.&& d+f
LARRY A. u4BNC/Z
R.C.E. 3 I 757
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' J# 460-104-1 0***2'/28/89***HPI. Pt-
e e
SECTION
Section 7
7.01
7.02
7.03
7.04
7.05
7.06
7.07
7.08
7.09
7.10
7.11
7.12
7.13
7.14
Section 8 8.01
Section 9
9.01
Section 10
PARAGRAPH
GENERAL PROVISIONS
Notices
Compliance with Law
CITY approval
Nondiscrimination Partial Invalidity
Legal Fees
Number and Gender
Captions
Entire Understanding
Agricultural Provisions
Agricultural Operations
Noxious Weeds, Pests
Control of Livestock
Employee Housing Prohibited
WARRANTY Warranty
SIGNATURES
Signature Page
EXHIBITS
Exhibit A
H:\IBFARY\UM\WPDATA\AGG\AGG~~OO~.AD
PAGE
21
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22
22
22
22
22
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January 20,1998
County Recorder
PO Box 1750
San Diego CA 921 12-4147
Enclosed for recordation is the following described document:
Lease Agreement
Sea Coast Greenhouses
APN: 215-080-02; Aviara Park Land, Zone 19
Also enclosed are instructions on how the City is to be billed for the recordation fees
incurred.
Thank you for your assistance with this item.
(*&/.B,/w&v/ I/. :: /?
KATHLEEN D. SHOUP
Sr. Office Specialist
~ ".". . . . ~~~~~~~~ .. ~ ~~~~ ~ ~~
1200 Carlsbad Village Drivc - Carlsbad, California 92008-1989 - (760) 434-280
" "..~___~~_ ~ ~ ~~ ~~~. ." .~~ - ~. - .~ ~
January 20,1998
Mr. Dave Pruitt
Sea Coast Greenhouses
680 Normandy Road
Encinitas, CA 92024
RE: AVIARA ZONE 19 PARKLAND - AGRICULTURAL LEASE
Enclosed for your reference are copies of the following:
1. Conformed Carlsbad City Council Agenda Bill No. 14,516.
2. Carlsbad City Council Resolution No. 98-14.
3. The signed agricultural lease agreement between the City of
Carlsbad and Sea Coast Greenhouses, allowing the agricultural use
of park land in Aviara Zone 19.
The original signed lease agreement is being sent to the County Recorder's
office for recordation on January 20, 1998, and when recorded will be kept on file
in the Carlsbad City Clerk's Office.
If you have questions regarding specifics of the lease agreement, please call the
project coordinator, Mr. Doug Ducanson, Park Superintendent, at (760) 434-
2862.
+&J,-.7&Z.
KATHLEEN. D. SHOUP "
Sr. Office Specialist
" ~"_~~~ ~"_ .".""""" ~
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
~".__