HomeMy WebLinkAbout1983-04-05; City Council; 7341; MARCARIO CANYON PARK AGRICULTRAL LEASEAB# 73'-// TITLE:
MTG. 4/5/83
DEPT. p e! R
Macario Canyon Park Agri cul tural Lease
DEPT. P
CITY AT
CITY Mi
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, -,-- c w CITO3F CARLSBAD - AGENDA. 3lLL
RECOMMENDED ACTION:
City Council adopt Resolution No. 7/f2. accepting the proposal from Pacific Elite to lease approximately 75 acres of Macario Canyon Park for agri cul tural purposes.
I T EM E X PLAN AT I Or4 :
City Council directed staff on December 21, 19ato solicit proposals to lease certain land in !?acari0 Park for farming. two (2) bids were received by the City's Purchasing Department. On February 28, 1983, They are:
A. Xackauf/Sanchez $200/acre/year = $1 5,300
B o Paci f ic El i te $261 /acre/year = $1 9,575
Both parties submitted a Resource Management System (RMS) that met the standards required by the U.S,D.A. Soil Conservation Service, The :!ackauf/ Sanchez RMS was a more detailed and indepth document.
A background check has shown that the Mackauf/Sanchez group has been farmin the area in and around Macario Canyon for nany years., They have indicated an overall understanding of the environmental condition and sensitivity of the area.
The Pacific Elite is a relatively new corporation. experience in farming environmentally sensitive areas, of the company's associates has been involved in agriculture for 30 years e
They also have had Ray Kawano one
PARKS AND RECREATION COMMISSION:
At their meeting on !-larch 21, 1983, the Parks and Recreation Conmission by a vote of 5-2 recommended to select Pacific Elite as the lessee of the
property,
FISCAL IMPACT:
The revenue received from leasing the land at Macario would be:
Pacific El i te $261 lacrelyear = $1 9,575/year
EXHIBITS :
A, Resolution No, 7/82
B,
C. Agri cul tural Lease
Memorandum dated March 21 , 1983, from Parks and Recreation Director
to the Parks and Recreation Commission,
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RESOLUTION NO. 7182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND PACIFIC ELITE, MATELY 75 ACRES OF LAND AT MACARIO CANYON
THE MAYOR TO EXECUTE SAID AGREEMENT
INC., TO LEASE APPROXI-
PARK FOR AGRICULTURAL PURPOSES AND AUTHORIZING
The City Council of the City of Carlsbad, does hereby resolve
as follows: t
1. That Pacific Elite, Inc. will lease approximately 75 acres of
agricultural land at Macario Canyon Park at $261 per acre per
year for a period of three years renewable on a year to year
basis thereafter, a copy of which is attached and marked as
Exhibit C and incorporated herein by reference is hereby
approved.
That the Mayor of the City of Carlsbad is hereby authorized
and directed to execute said agreement for and on behalf of
the City of Carlsbad.
2.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the - 5th day
of &xi1 , 1983 by the following vote, to wit:
AYES:
NOES: Nore
ABSENT: None
Council PkmberS -la, WS, K~l~hin, Chick and Prescot
... Y1Cdyd &L
MARY H. CdSLER, Mayor
ATTEST: 8&m7
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
Exhibit A
c W @ Exhibit C '2
AGRICULTURAL LEASE (Macario Canyon)
THIS LSASE AGREEMENT is executed by and between THE CITY OF
CARLSBAD, a municipal corporation, hereinafter called "City"
"LESSEE. "
I. PREMISES
r hereinafter called
CITY hereby leases to LESSEE and LESSEE leases from CI7
real property situated in the City of Carlsbad, County of S;: Diego, State of California, described in Exhibit "A" , attack
hereto, and incorporated by this reference. Said real prope
's hereinafter called the "premises ."
,. .
A. Permitted Use, The pr ises are leased to or the purposes of conducting agricultural operations and f no other purpose.
said prern?ses for the above specified purposes and to dilige
pursue said purposes throughout the term hereof.
€3. Obligation to Diliqently Use, LESSEE covenants to
C. Public Purpose Easements. CITY reserves the right
grant road, utility, or other public purpose easements over property e .-
11. TERMS OF AGREEMENT
A. Term. The term of this lease is for three years fr
unless extended or sooner terminated as provided for in ths
lease. This lease shall terminate without further notice uy
expiration of the term. Any holding over by LESSEE after
expiration shall not constitute any renewal ox extension or . LESSEE any rights in or to the property except that LESSEE I
be permitted to harvest any crops growing at the time of
termination.
v 19 , to midnight on , 19
B. Extension, LESSEE may, at LESSEE'S option, extend
original term of this lease for additional periods of one yc at a time, subject to all the terms and conditions of this
lease, The option to extend shall be exercised by qivinq WI
notice to CITY not more than 60 nor less than 30 days
before the last day of the term. At the time of exercisinq
option to renew, and on the last day of the term, LESSEE shi
not be in default of any provision of this lease. In lieu ( executing a new lease the option to renew may be noted on tI original lease, or a true copy of the original lease. If sc noted the note shall be dated and initialed by the CITY and
LESSEE. Failtire to exercise the option to extend for a per. shall extinquish all other options to extend and the lease ! terminate on the last day of the term. CITY may excuse
w e 9- , '
failure to meet the time limits for exercising the option tc
extend without waiving any of the provisions of this paragr; regarding extensions -
C, Termination: Either party may terminate this least any time upon 90 days notice to the other- If at the expiri of the 90 day tine period LESSEE still has crops growing, Ll
shall be permitted to continue raising and tending the crop: shall be permitted to harvest the crops. The right to harvc
the crops shall not extend the term of the lease except tha'
provisions of this lease, other than the extension provisioi
shall apply- The right to raise, tend and harvest shall apl
only to crops planted before notice to terminate has been g
D, Surrender of Premises: At the expiration or earlier termination of this lease, LESSEE shall execute,
acknowledge and deliver to CITY, within five days after wri,
demand by CITY, a valid and recordable Quitclaim Deed cover all of the leasehold premises. The leasehold premises shal
delivered free and clear of all liens and encumbrances,
111. CONSIDERATION
A. Rent: LESSEE shall pay to CITY an annual rent of $ payable in advance in four equal quarterly
installments of $ each on the
annual rent is subject to adjustment by CITY upon extension of the tern as follows:
of each quarter beginning , 19 '
B, Delinquent F.ent: In the event LESSEE fails to pay
the applicable rents when due, then LESSEE shall pay CITY,
addition to the delinquent rent, a sum of money equal to FI'
PERCENT (5%) of said delinquent rent; provided, however, in event said delinquent rent is still unpaid after fifteen da
becoming delinquent, then LESSEE shall pay CITY, instead of
FIVE PERCENT (5%), a sum of money equal to TEN PERCENT (10%
said delinquent rent- It is the intent of this provision t CITY shall he compensated for loss resulting from rental
delinquency including costs to CITY of servicing the delinq
account. The City Manager, at his option, may for good cau waive any such delinquency compensation required herein, up
advance written application of LESSEE.
rv, COVENANTS AND CONDITIONS
A. City Covenants
2.
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1. Quiet Possession. LESSEE, payipg the said rent performing the covenants and agreements herein, shall and mal
all times during the said term peaceably and quitely have, hc and enjoy the said premises for the term hereof, If CITY for reason whatsoever cannot deliver possession of the said premj to LESSEE at the commencement of said term as hereinbefore speciEied, or if LESSEE is dispossessed through action of a title superior to CITY'S, then and in either of such events, this lease shall not be void or voidable nor shall CITY be
liable to LESSEE for any loss or damage resulting therefrom, there shall be determined and stated in writinq by the City
Manager of CITY a proportionate reduction of the rent cover the period or periods during which LESSEE is prevented from
having the quiet possession of all or a portion of the demisi
premises o
,. 2. Right to Assiqn and Sublet. When in the opinio
the City Manager, and if it is deemed consistent with the be interests of the CITY, LESSEE may assign this lease or any
interest therein and may sublease any portion thereof to an assignee or sublessee who has, in the opinion of City Nanage
the financial capability and overall competence to successfu operate the assigned or subleased premises, The consent of City Manager will not be unreasonably withheld.
assignable by operation of law without the written consent c
the City Manager. Any or all of the following actions are r permitted activities under this contract and will be considf
as contrary to the CITY'S best interests:
This lease and any interest herein shall not be
a, Assignment or subleasing by LESSEE for a
consideration in excess of a reasonable return on the actua
value of the LESSEE'S installed improvements and/or service:
rendered.
b. Subleasing of the primary function of the or subleasing of a major portion of the leasehold,
If CITY has been notified in writing of the existe a trl;st deed or mortgage secured by the leasehold, CITY agr
gi.ve the trustee or beneficiary notice of any sublease or assignment prior to CITY'S approval thereon. Approval of a
assignment or sublease shall be conditions upon Assignee or Sublessee agreeing in writing that they will assume the riq
and obligations thereby assigned or subleased and they will keep and perform all covenants, conditions and provisi this agreement which are applicable to the rights acquired.
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B. Lessee Covenants
1. - Compliance with Law, LESSEE agrees, at its so: cost and expense, to comply and secure compliance with all 1 requirements now in force, of all municipal, county, state ( federal authorities, pertaining to the said premises, or thc
operations conducted thereon, and to faithfully observe and secure compliance with, in the use of the premises, all
applicable county and municipal ordinances and state and fec statutes now in force or which may hereafter be in force, a< pay before delinquency all taxes, assessments, and fees ass( or levied upon the lESSEE or the leased premises including
land and any buildings, structures, machines, applicances o other improvements of any nature whatsoever, erected, insta or maintained by LESSEE or by reason of the business or othc
activities of LESSEE upon or in connection with the Leased premises. LESSEE recognizes and understands that this leas( create a possessory interest subject to pro7erty taxation a1
that the LESSEE may be subject to the payment of property t
levied on such interest. LESSEE further agrees that such t
payment shall not reduce any rent due the CITY hereunder ani any such tax shall be paid by the LESSEE before becoming
delinquent. The judgment or any court of competent jurisdil or the admission of LESSEE or any sublessee or permittee in
action or proceeding against them, or any of them, whether 1 be a party thereto or not, that LESSEE, sublessee or permit has violated any such ordinance or statute in the use of thl premises shall be conclusive of that fact as between CITY a
LESSEE .
2. Construction/Alterations. LESSEE agrees not tl
construct or install any buildings or structures on said premises or otherwise improve or alter said premises in any
manner except in accordance with plans and specifications previously submitted to the City Manager and approved by hi writting.
3, - Use. LESSEE shall use the property solely for
growing, tending and harvesting of the following agricultur
crops:
LESSEE shall use standard agricultural practices i
growing, tending and harvesting said crops and shall not us
property in such a manner as to constitute a nuisance to
adjoining property owners or lessees. 'LESSEE shall comply-
the following requirements:
a. Only drip type irrigation shall be used.
b, All plastic material and debris shall be
completely removed from the property at the completion of t lease.
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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
irrigated, what pesticides will be used, what type of fertil
will be used and the application methods of pesticides and
fertilizers, shall be submitted and approved by the Parks an
Recreation Director prior to commencement of agricultural
operations of the land.
e. No planting, grading, spraying, cultivating other disturbance whatsoever shall be allowed in the wetland area, riparian area, rare and endangered plant species area,
archaeological area as shown on Exhibit B attached hereto and incorporated by this reference.
f, Erosion shall be controlled and monitored 1 Universal Soil Loss Equation provided by U. S. Soil Conservi
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 perceni more shall be farmed.
i, All pesticide application shall be dpprove, supervised by the county agricultural office, with all nece permits obtained from county in advance. A complete record
fertilization and pesticide application must be kept and ma available upon request by CITY.
j. Access roads shall be limited to those app by the Parks and Recreation Director and shall not cause er problems.
IC. The Lagoon and Wetlands areas shall be mon
Inspections of area may be conducted by Califor
by LESSEE for erosion and pesticide and organic phosphate
pollution. Fish and Game Department, U. S. Soil Conservation Service, University of California or CITY at any time without prior
to LESSEE.
4, Agricultural Operations. LESSEE agrees to abi
the conditions for agricultural operations set forth hereir Failure of LESSEE to cease or cure any unauthorized practit
within 30 days after written notice to do so shall constiti the option of CITY, an immediate termination of the lease.
5. Warranty. The CITY does not warrant that the premises are suitable for the agricultural purposes for wh
they are leased,
5.
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6. Indemnity. LESSEE agrees that CITY, its agents officers and employees, shall not be liable for any claims,
liabilities, penalties, fines or for any damage to the goods properties or effects of LESSEE, its sublessees or
representatives, agents, employees, guests, licensees,
invitees, patrons or clientele or of any other person whomsoever, nor €or personal injuries to, or deaths of any
persons, whether alleged to have been caused by or resultin5 from any acts or omission of LESSEE or its sublessees in or
about: the leased premises, or any act or omission of any per or from any defect in any part of the leased premises or frc
any other cause or reason whatsoever. LESSEE agrees to indemnify and save free and harmless CITY and its authorizec
agents, officers, and employees against any of the foregoins
alleged liabilities and any costs and expenses incurred by (
on account of any claim ox claims therefor,
7. Insurance Coverage. During the entire term of
agreement LESSEE agrees to procure and maintain public liab
insurance which names CITY as an additional insured with an
insurance company satisfactory to CITY licensed to do busin1 in California to protect against loss from liability impose4 law for damages on account of bodily injury, including deat:
therefrom, suffered or alleged to be suffered by any person persons whomsoever, resulting directly or indirectly from a act or activities of CITY or LESSEE, its sublessees or any
person acting for CITY, or LESSEE or under its control or direction, and also to protect aginst loss from liability
imposed by law for damages to any property of any person ca directly or indirectly by or from acts or activities of CIT
LESSEE, or its sublessees, or any person acting for CITY or
LESSEE, or under its control or direction, Such property d
and public liability insurance shall also provide for and protect CITY against incurring any legal cost in defending claims for alleged loss. Such public liability and propert
damage insurance shall be maintained in full force and eEfe during the entire term of this lease in the amount of not 1 than ONE MILLION DOLLARS COMBINED SINGLE LIMIT LIABILITY,
agrees to submit a policy of said insurance to the CITY on before the effective date of this agreement indicating full coverage of the contractual liability imposed by this agree
and stipulating that the insurance company shall not termir
cancel or limit written notice thereof to CITY. If the ope under this agreement results in an increased or decreased z
he opinion of the City Manager, then LESSEE agrees that the
minimum limits hereinabove designated shall be changed accordingly upon request by the City Manager. LESSEE agre;
provisions of this paragraph as to maintenance of insurance not be construed as limiting in any way the extent to whick
LESSEE may be held responsible for the payment-. of damages t
persons or property resulting from LESSEE'S activities of i person or persons for which LESSEE is otherwise responsiblc
6.
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8, Legal Proceedings. LESSEE agrees that should
become necessary for CITY to commence legal proceedings to collect rent, recover possession, or enforce any other prov of this lease, the prevailing party will be entitled to leg costs in connection therewith, including reasonable attorne
fees as determined by the court. The parties agree that th of the State of California shall be used in interpreting th
I lease agreement and will govern all disputes under this lea
agreement and will deternine all rights and obligations heretinder, Personal service either within or without the S
of California shall be sufficient to give personal jurisdic to any court in which an action is filed for litigation of
under this lease agreement .
9, Maintenance. LESSEE agrees to assume full
responsibility for the operation and maintenance of said pr
throughout the term hereof without expense to CITY unless
otherwise specified herein, and to perform all repairs and replacements necessary to maintain and preserve said premis a decent, safe, healthy and sanitary condition in a manner
satisfactory to CITY and in compliance with all applicable
LESSEE agrees that CITY shall not be required to perform an maintenance, repairs or services, or to assume any expense
specifically assumed herein in connection with said premise
10. Utility Costs. LESSEE agrees to order, obtain
pay for all utilities and service and installation charqes
connection therewith. All utilities installed by LESSEE sh installed underground,
tl Waste,Damage or Destruction, LESSEE agrees to notice to the CITY of any fire or other damage that may occ
the leased premises within ten days of such fire or damage,
LESSEE agrees not to commit or suffer to be committed any \i or injury or any public or private nuisance, to keep the pr clean and clear of refuse and obstructions, and to dispose
garbage, trash and rubbish in a manner satisfactory to the If the leased premises shall be damaged by any cause which
the premises into a condi.tion which is not decent, safe, he
' and sanitary, LESSEE agrees to make or cause to be made ful repair of said damage and to restore the premises to the
condition which existed prior to said damage, or LESSEE agr clear and remove from the leased premises all-debris result from said damage.
C, General Conditions -
I, Administration and Notices, Control and
administration of this lease is under the jurisdiction of t
City Manager of CITY as to CITY'S interest herein and any
communication relative to the terms or conditions or any ch
thereto or any notice or notices provided for by this lease
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law to be given or served upon CITY may be given or served t
registered letter deposited in the United States mails, posl
prepaid, and addressed to the City Manager, 1200 Elm Avenue, Carlsbad, California, 92008. Any notice or notices provide( by this lease or by law to be given or served upon LESSEE, T
given or served by depositing in the United States mails, pc prepaid, a letter addressed to said LESSEE at the leased prc or at such other address designated in writing by LESSEE, 07
be personally served upon LESSEE or any person hereafter
authorized by them to receive such notice. Any notice or nc given or served as provided herein shall be effectual and b for all purposes upon the principals of the parties so servt upon personal service or forty-eight hours after mailing in manner required herein.
2. City Approval and Consent. The approval or con!
of the CITY, wherever required in this agreement, shall meal
approval or consent of the City Manager unless otherwise
specified, without need for further resolution by the City Council.
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3. Entry and Inspection. CITY reserves and shall always have the right to enter said premises for the purpos'
viewing and ascertaining the condition of the same, or to p'
is interests in the premises or to inspect the operations conducted thereon. In the event that such entry or inspect
CITY discloses that said premises are not in a decent, safe
healthy and sanitary condition, CITY snall have the right, ( ten days written notice to LESSEE, to have any necessary
maintenance work done for and at the expense of LESSEE and : hereby agrees to pay promptly any and all costs incurred by in having such necessary maintenance work done in order to j
said premises in a decent, safe, healthy and sanitary condi
Further, if at any time the CITY determines that said premi: are not in a decent, safe, healthy and sanitary condition, (
may at its sole option, without additional notice, require : to file with CITY a faithful performance bond to assure pro] correction of any condition which is not decent, safe, heal
and sanitary. Said bond shall be in an amount adequate in
opinion of the CITY to correct the said unsatisfactory condition. LESSEE shall pay the cost of said bond. The rii
reserved in this section shall not create any obligations o or increase obligations elsewhere in this lease imposed on
4. Merger. The voluntary or other surrender of t lease by LESSEE, or a mutual cancellation thereof, shall no a merger and shall, at the option of CITY, terminate all or
existing subleases or subtenancies or may, at the option of operate as an assignment to it of any or all such subleases subtenancies.
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5, Oral Representation. It is specifically under and agreed hereby that this lease contains the complete
expression of the whole agreement between the parties heret
that there are no promises, representations, agreements, warranties or inducements, either expressed orally or impli
the said parties, except as are fully set forth herein; and
further, that this lease cannot be enlarged, modified or ch
in any respect except by written agreement duly executed by
between the said parties.
6. Ownership of Improvements, All improvements,
such fixtures as are hereinafter described on the attached
addendum, which have been installed by LESSEE in accordance the provisions of this agreement, shall at the option of CI become the property of CITY upon expiration or sooner termi of this agreement. LESSEE shall have the right to remove f the demised premises only those fixtures described on the
attached addendum at any time prior to the expiration or ea
termination of the agreement, provided that such removal wc not, in the opinion of CITY, restrict the operation of the
demised premises to the extent that the rent paid to CITY i
reduced as a direct result therefrom. LESSEE'S removal of
said fixtures shall be at LESSEE'S own expense and shall be
conditioned upon LESSEE'S repairing any damage to the remai
improvements and upon LESSEE leaving the demised premises i
order and condition. In the evezt LESSEE does not so remov
fixtures prior to the expiration of this agreement, CITY ma remove, sell or destroy the same at the expense of LESSEE,
the proceeds of the sale are not adequate, LESSEE shall prc
pay to CITY its reasonable cost of any such removal, sale c
destruction together with the reasonable cost of repair of
damages to CITY'S property resulting from such rernova1,sale
destruction. At the option of CITY, any such property, re2
personal, not removed by LESSEE may be deemed abandoned and
be removed and sold by CITY and all income received by CITS therefrom shall he the property of CITY exclusively. Said
addendum may be changed from time to time upon approval of
City Manager, without further resolution by the City Counci
7. Remedies of City.
a. Default by Lessee, In the event that:
(1) LESSEE shall default in the perforr or fulfillment of any covenant or condition herein require< performed or fulfilled by LESSEE and sh3ll fail to cure sa; default within thirty days following the service on LESSEE
written notice from CITY specifying the default complained or
(2) LESSEE shall voluntarily file or hi
involuntarily filed against him any petition under any ban1 or insolvency act or law; or
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(3) LESSEE shall be adjudicated a bankrl
(4) LESSEE shall make a general assignml for the benefit of creditors;
Then CITY may, at its option, without fu notice or demand upon LESSEE or upon any person claiming th
I LESSEE, immediately terminate this lease and all rights of and of all persons claiming rights through LESSEE in or to said premises or in or to further possesion thereof and CIT
thereupon enter and take possession of said premises and ex
LESSEE and all persons so claiming rights thereto. Provide
however, in the event that any default described in Part a,
of this section is not curable within thirty (30) days afte
service of a written notice upon LESSEE, CITY shall not ter
this lease pursuant to said default if LESSEE immediately 'commences to cure said default and diligently pursues such to completion.
b. Abandonment by Lessee. Even though LESSEE breached the lease and abandoned the property, this lease s continue in effect for so long as CITY does not terminate
LESSEE'S right to possession, and CITY may enforce all its
rights and remedies under said lease, including, but not li to, the right to recover the rent as it becomes due under t lease. For purposes of this section, the following do not constitute a termination of LESSEE'S right to possession:
(1) Acts by CITY or' maintenance, or preservation, or efforts to relet the property.
initiative of CITY to protect the CITY'S interest under the lease.
c. Damages, Damages which CITY may recover i event of default under this lease include the worth, at the of award, of the amount by whicn the unpaid rent for the ba of the term after the date of award, or for any shorter per time specified in this lease, exceeds the amount of such re
loss for the same period that the LESSEE proves could be
reasonably avoided, The remedies provided by this section not exclusive and shall be cumulative to all other rights E
remedies possessed by CITY, and nothing contained herein sk be construed so as to defeat any other rights or remedies t which CITY may be entitled.
(2) The appointment of a receiver upon
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8. Reservation of City Riqhts. CITY hereby resc
all rights, title and interest in any and all gas, oil, mir and water beneath said lease premises. CITY shall have the
right to enter said leased premises for the purpose of maki
repairs to or developing municipal services. CITY hereby
reserves the right to grant and use such easements or estak
and use such rights oE way over, under, along and across si
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leased premises for utilities, thoroughfares, or access as i
may deem advisable for the public good. Provided, however,
shall not unreasonably interfere with LESSEE'S use of premis and will reimburse LESSEE for physical damages, if any, to t
permanent improvements of LESSEE located on the leased premi resulting from CITY'S exercising the rights retained in thi:
, paragraph. Such reimbursement shall include a reduction in
annual rent proportionate to the amount of said physical ilar as determined by the City Manager. CITY shall pay the cost: maintenance and repair of all CITY installations made pursui to the rights reserved herein.
9. Time is of the Essence. Time is of the essenc
each and all of the terms and provisions sf this lease and 1
lease shall inure to the benefit of and be binding upon the parties hereto and any successor of LESSEE as fully and to same extent as though specifically mentioned in each instan and all covenants, stipulations and agreements in this leas shall extend to and bind any assigns or sublessees of LESSE
10. Waiver. The waiver by CITY of any breach of term, covenant, or condition herein contained shall not be
deemed to be a waiver of such term, covenant or condition, any subsequent breach of the same or any other term, covens
condition herein contained. The subsequent acceptance of x
hereunder by CITY shall not be deemed to be a waiver of an1
preceding breach by LESSEE of any term, covenant or conditi this lease, regardless of CITY'S knowledge of such precedir breach at the time of acceptance of such rent. Failure on
part of CITY to require or exact full and complete cornpliar with any of the covenants, conditions or agreements of thi:
shall not be construed as in any manner changing the terms
hereof and shall not prevent CITY from enforcing any provi:
hereof.
IN WITNESS WHEREOF, this Lease Agreement is executed by CI'
acting by and through the City Manager, and by LESSEE, act and through its lawfully authorized officers.
THE CITY OF CARLSBAD
DATE By :
City Manager
LESSEE
By :
By :
APPROVED as to form this day of I 19-
VINCENT F. BIONDO, JR., City
By :
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March 27, '1983
TO: PAWS AND RECREATION COMMISSION
FROM: Parks & Recreation Director
MACARIO AGRICULTURAL LEASE PROPOSALS
Recommendation
The Mackauf/Sanchez group has had prior experience in farming in and around the Macario area, and also submitted a more in-depth Resource Management proposal. to farm the environmental sensitive areas in Nacario Park.
Fiscal Impact
Because of this, staff feels their group may be more qualified
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A. Mackauf/Sanchez $15,000 per year
B. Pacific Elite 19,575 per year $4,575 difference per year
Di scus si on
Two proposals were submitted for consideration:
A. Mackauf/Sanchez $200 per acre per year
B. Pacific Elite $261 per acre per year
Each proposal was to include a Resource Management System which would
out1 i ne agri cu7 ture practi ces p
Resource Management System Comparison
Mac kau f / S an c h e z Paci fi c Elite
Crops and Tomatoes - July Pol e Tomatoes Pl anting Peppers - July St raw be rr i e s
Periods Green Beans - October Squash - January
Crop rotation concept in conformity with the Resource Management Sys tern
Pl anted to acceptable agri cul ture standards
Exhibit E:
e W
Resource Management System Comparison Cont'd,
Mack a u f / S a n c h e z Pacific Elite
Pes ti ci de Listed specific chemical Listed specific chemical Management application in accordance appl i cation i n accordance to State and County regulations.
No aerial spraying No aerial spraying
Sanchez has pes ti ci de Does not have appl icator's applicator's license. license - will rely on Groc Chemical Company to provi de assistance L
Listed acceptable solid anc
1 iqui d types
to State and County regul at i ons e
Ferti 7 izer Listed acceptable sol id and liquid types.
and sub-surface piping. Backflow devices will be installed to protect City water supply o
Irrigation Drip system and surface Drip system
Erosion Contour furrows will be Any erosion problems will 1 Controls used. Crops will be left corrected. Crops will be - intact after each harvest. intact after each harvest.
Plastic sheeting will be
used.
Temporary setting basins using baled hay to prevent runoff will be utilized,
Summary of Resour,ce Management System
Both proposals meet the minimal Soil Conservation Management standards, Tht Soil Conservation representative who reviewed both proposals feels that the Mackauf/Sanchez management statement is a more detailed and complete propos(
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DAVID BRADSTREET
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ITY OF CARLSSFD (619) 438-5530
4 200 Elm Avenue
Carlsbad, CA 92008 eq i;
- PROPOSAL FORiYf
. Opening: February 28, 1983 B-i ti No ' 10
4:OO p. m.
For: Agricultural Lease 4
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1. A'bid $ 400 dollars per acre, per year.
2. Proposal mirst incl ud2 "Resource Management Systeert1 I' statement.
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READ ATTACIILD GEPlERAL PROVlSIONS CAREFULLY; THEY ARE A PAgT OF YOUP, BID.
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. GUARANTEE OF GO3D FAITH REQUIRED: Street Address 6'/& ~<<JQ~ A/.&? -
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Title:
city Oi" Tosn
zip Code B~w?
Date I_ Tel epltone bla. &?8--/2 /F
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QF good faith will void the
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, (61 9) 438-5530 m .I * CITY OF CARLSBAD
c 1200 Elm Avenue Carlsbad, CA 92008
PROPOSAL - FORI
Bid No, 10 Opening: February 28, 1983
For: Agricirl ttiral Lease a
4:OO p. M.
I. I bid $ dollars per acre, per year.
2. Proposal must include "Resource Management Systev '' statement.
READ ATTACHED GENERAL PROVIS!OI\IS CAREFULLY; THEY ARE A PART OF YOUR BID.
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Signed Fimm. By A!!oZA*J -
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. GUAZANTEE OF GOOD FAITH REQUIRED: Street Address /J-/'F c/du?L FffPG -
city or TopJn
zip code>C~08
Date
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( fai 1 ure to subliii t guaraimee of good faith will void the
Provisions. f
Tel ephone No. 727-87fl
' * bid. See Parc?graph 3, General
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APPLICANT : Peter G. Ma.ckauf Raul Sanchez
RESOURCE l!UNAGEMIENT SYSTEM
Objective: Implenent a crop rotation program consistent with
established maket windo-,vs for San Diego County produce in conformity to the practices outlined in the Resource Management System.
Tomatoes July Fe ppers / July Green Beacs/October Squasli//January
CropsLPlanting Period:
Pesticide Mdnzgemcnt : All cornmercidly viable Integrated ?est Managermt (IPN) programs are -to be utilized in an effort to monitor pest levels and mi.nimize pesticide applications. Whenever feasible, biological control Zgen-ts are to be used. The site will be made available to the University of California Departments of Plant Pathology and Entonology to furi;her the devetopmc of improved IPM and SioiogicaL control agents. When EecessaryTI the following pest control
agents are to be apslied consistent with manufac-
P registered label ipstructions and County De2artm of Agricultu-re pernit procedures :
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Insecticides: Tomatoes-Guthion, Methomyf, Thiodan, Paraquat, D.D.,
Rezns- Nethomyl, Thiodan, Orthene, Dibrom. Squash- Methonzyl, Thiodep, Dibrom. PepFers- Methomyl, Orthece
General- Braxo, Captan, Benlate, Ridornil, Bayieton,
Carbryl, StTychnrne 3EJizL-t p Zinc Phosphide Bai- Monitor, Vydate.
Fungicides:
Zinc Copasil
All pesticides are to be applied by the “ground-drag line” niethod with the exception of those compounds registered by the FDA for applic through drip irrlgatior! systems. At present on1 Vydate is registered for this application method
IrrTga-kSon: All crops are to be irrigated with drip irrigation syslcrrs .Fil.ters, subsurface and surface distributio piping are to be installed. Approved backflow devi are Lp be installeu to protect City water supply fr chemical. contaminatioi? when application is made thr
the drip sys-tern.
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Fertiliaers: Both solid and liquid fertilizers are to be used. Preplant a.nd postplant solid fertilizers are to be applied by tractor-and include: 15-15-15 16-20-0 17.5-0-0 (Calcium Nitrate) Calciuin nitrate liquid fertilizer is to be applied through the drip irrigation system during the growing season.
Erosion Control: In order to minimfze soil erosion the follcwing practices are to be employed:
- Contour alignment of all furrows.
- Crops will be left intact after completion oj harvest periods terminating immediately prioi and during ths peak rainfall season ( Decembf March). '
- On steeper slops the normal roadway drainage ditches will be lined with plastic sheeting - carry rainfall off the field.
- If necessary, temporary settling basins will installed,(barrlers of baled hay), to preven- soil runoff into the lagoon area.
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Joint Proposal : Peter Mackauf Raul Sanchez
I. BACKGROUND AND EXPERIENCE:
Raul Sanchez - Carlsbad resident since 1959. Worked with
other area farmers until 1969, then went independent. and is currently farming 300 acres. Raul is presently leasing 70 acres of Kelly property contiguous with Macario Canyon, farmed Macario property.
Started with 2 acres in 1969,
In 1977 he
Peter Mackauf - He is the General Manager for Ukegawa Bros. (since 1978). He is also the major lessor of Ecke/Hun-t & Aetna (Carrillo) Properties 3 for use in agricultural enterprise. Mr. Mackauf is interested in bringing a hiqh level of technology combined wfth sound conservation practices to the agricultural ._ communi ty .
11. TYPES OF CROPS TO BE GROWN:
Tomatoes, peppers, green beans, and squash
111. IRRIGATION SYSTEMS:
Drip System: 1. Subsurface - 2", 3", and 4" poly pipe are used to bring water from the city water supply to irrigated crop land.
liquid fertilizer dispenser system, Drip irrigation lines. Backflow device.
2. Surface - Water meter, filtration and
IV. PESTICIDE MAldAGEMENT:
1. Io P.M. ( Integrated Pest Management) They will use I.P.M,, a system that monitors pest levels so as to minimize pesticide applications, Biological controls will be utilized whenever feasible.
2. Pesticide Application - No aerial spraying Raul Sanchez has a Pest Applicator's License. Pesticides will be applied according to manu- facturer's instructions and County Agriculture
Permit Procedures will be adhered to. This
i ncl udes pre , post 3 and completion of spray,
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V. FAMILIARITY WITH ENVIRONMENTALLY SENSITIVE AREAS:
1. Rancho Penasqui tos Vernal Pools Biological Surveys of Flora and Fuana.
Ecke Property - crop land contiguous with lagoon. 2.
SUMMARY
The joint proposal by Mackauf and Sanchez indicates an overall understanding of the environmental conditions and the sensitivity of the area.
The group has been farming in this geographic area since 1959, Mr. Sanchez presently farms land owned by the Kelleys which is contiguous to the Macario
property, and in 1977 he actually farmed land in Macario, Presently, Mr, San has access to Macario via Kelley's property,
Both parties are very concerned about the environment and want a high caliber farmi ng operati on *
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*‘ CITY OF CAkLSUAD 1290 Eliii Avenve Carl s bad, CA 92008
(61 9) 438-5530
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PROPOSAL -FORl4
Bid No. IO . Opening: February 28, 1383
For: Ayr-icuf tuu’al Lease
4:OO p. rn. -
lo E bid $ 261.00 dollars per acre, per year.
2, Proposal must i nc’lude “Resource Management Syste;!: ’‘ statemeilts
READ ATTACIIED GENERAL PROVISIONS CARCFULLY; THEY ARE ,4 PART OF Y0.X BID.
9- Firm Pacific FII’tc, Inc.
I Signed Bjf. . ,pl /A/$+/
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Street Address II-- 1910 t.ir~da Vista nrjve
c<~i:i Q? ~op!n San %rcos, Ca 6+
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Secreta ry/Trea s uwr
. GUAlIANTEE OF GOOD FAITH EEQUIKED: -
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(Fa!! ure to submit guarantee
- hid. See Paregraph 3, Gerteral Provi si ox. 1
92069 Pip Cod2
Date 2/28/83 Telephone No. (6?.9)757-474 . of good faith wi17 void the
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AI. * @ PACIFIC ELITE, INC. e
P.O. BOX 4119
OCEANSIDE , CA. 92054
. (619) 727-1347
RESOURCE MANAGEMENT SYSTEM
SCOPE
Faming wfll be limited to pole tomatoes and strawberrfes and conducted
with professionally accepted standards of agricultural practice.
IRI?TGATION/EROSION CONTROL
Irrigation will be limited to a "drip irrigation" system. In view of the lay of the land, soil erosion should be virtually non-existent, To ensure minimum erasion on sloped areas, once planted, such land wil' remain planted. After completion of harvesto no tilling of the soil will
done except immediately prior to the planting of subsequent crops, Further, all planted areas wl'll be tended on a daily basis, Any ems problems that do occur will be corrected immediately.
FERTILIZERS/CHEF?ICALS
Common fertilizers and chemicals such as potassium, phosphorus, nitrogen, calcium nitrate, Lannate, Pydrin, Vydate, ZAP, Bayleton, Triton, Bravo, Paraquat, Monitor-4, Ridomil, sulphur, Dyrene, Till am, Devrinol , Kocide, Round-up, and Benlate will be employed.
Fertilizers will be applied in both iiquid and solid Toms"
Chemicals will be applied using ground application methods. No
aerial applications will be uti1 ized,
CONTROLS
Chemicals will be applied in strict accordance with state and county regulations, Prior to appl icat-r'sn, the corporation will obtain a permit from the County Dept. of Agriculture for application of any material which is on the State or County Restricted Materials List. In
accordance with existing practice, notices of pre-app?ication,and post- application of restricted materials will be filed with the County Depart- rnent of Agriculture. \
CLEAN-UP
1
Upon ternination of the lease, all farming materials such a4 pipe, stakes, and plastic will be removed from the premises. farm land will be disced prior to vacating the premises, If desired, all I
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Pacific Elite - new corporation formed by Bobby Astleford and Ron Abshire.
I. BACKGROUND AND EXPERIENCE:
1. Bobby Astleford - Associated with Templeton Grading of San Marcos, a long time heavy equipment firm in the area. He also serves as the chairman of the Board of Pacific Elite.
2. Ron Abshire - Retired career military (U.S.M.C.). Former City Finance Di rector from Kentucky. been with Kawano Inc. as Business Manager for
3 years. Treasurer of Paci f i c El i te.
Chapter I1 Bankruptcy Clause) e Head of North County Agri cul ture Consul ti ng Corp. This corpo ration will be the main operation behind Pacifi Elite. Kawano Inc, has been in area agricultur for 30 years.
He has
He is currently serving as Secretary/
3. Ray Kawano - Associated with Kawano Inc. (which has filed
II. TYPES OF CROPS TO BE GROWN:
Tomatoes and strawberries
I I I a I RRIGATI OM SYSTEMS :
Drip System: 1. Subsurface - 2", 3", 4" poly pipe are used to brin: irrigation water to crops from domestic city water to supply lines,
Surface - water meter, filtration and liquid fertil dispenser system. Backflow device and drip irrigaf lines. No overhead irrigation will be used.
2.
IV. PESTICIDE MANAGEMENT:
1. I.P.M. (Integrated Pest ivlanagement) Pest levels will be monitored by Pacific Ag Chem. or Mr. Sagawa of Grove Chemical Company of Chula Vista to
minimize application of pesticides,
Pacific Elite will utilize Mr. Sagawa of Grove Chemical who has an Applicators and Advisor's License. The actual appli.
cation will be done by laborers. Mr. Sagawa's services are rendered compl imentary when purchasing pesticides and ferti' from Grove Chemical Company. County agri CUI ture requi remen. will be followed.
2. Pesticide Application - No aerial spraying
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V. FAMILIARITY NITH ENVIRONMENTALLY SENSITIVE AREAS:
I. San Luis Rey River (30 yrs. Kawano Inc. }
2. Ecke Property - crop land contiguous with lagoon
lvey Ranch Property - adjacent to Ivey Ranch Park
(Ray Kawano 195E-7 975)
3. (City of Oceanside)
VI. SUMMARY
Pacific Elite is a newly formed corporation, Astleford associated with Templeton Grading, Ron Abshire representing Kawano Inc. as business manager for the past three years, and Ray Kawano who was with Kawano Inc. Kawano Inc, recently filed a Chapter 11 Bankruptcy cl auso. Mr. Kawano has 30 years of agriculture experience throughout the area.
The corporation will be getting technical assistance from a chemical company arid outside consultants,
It consists of Bobby