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HomeMy WebLinkAboutMP 139; Rancho Carrillo Master Plan; Master Plan (MP) (25)WHITE, PRICE, PETERSON 8 ROBINSON A PROFESSIONAL CORPORATION BYRON F. WH.TE ATTORNEYS AT LAW 230° FIRST NATIONAL BANK BUILDING SOL PRICE . , J R. f\ p f1 /*^T r VT C T5 TEDWARD E.WEISSMAN 530 B STREET OF COUNSEL WILLIAM E.JOHNS SAN DIEGO, CALIFORNIA 92101 ED^D C^MUNS (714) 234-0361 PILE NO. LAWRENCE S. BRANTON JAMES B.MEHAL1CK M. RICHARDSON SLYNN, JR. 24 January 1974 10,003.01 RECEIVED JAN Z 5 1974 Mr. Don Agetep CITY OF CARLSBAD Planning Director Planning Department City of Carlsbad 1200 Elm Street Carlsbad, California 92008 Re: Carrillo Rancho - Park Site Requirement Dear Mr. Agetep: We have previously discussed with you the dedication of the site containing the Carrillo residence to the City as a park site. In those discussions, we indicated that the property was presently occupied by Mr. and Mrs. Frank B. Delpy and was subject to a trust deed in favor of Mrs. Delpy (Marie Antoinette Carrillo Delpy), the daughter of Leo Carrillo. At the time of those discussions, there were indications that the City would not, in fact, want immediate possession of the premises and that the Delpys could continue to reside on the property for a period of time even though it was dedicated to the City. Most of our discussions at that time were with Mr. Delpy and he had indicated agreement to the proposed plan. Unfortunately, however, subsequent to that time, Mr. Delpy has suffered a severe stroke and it is not possible at this time to deal with him. Mrs. Delpy is naturally quite upset by her husband's condition and it would appear advisable at this time to consider entering into a written agreement with her regarding her occupancy. With these considerations in mind, we would propose that a lease agreement to take effect upon the dedication be entered into between the City and Mrs. Delpy. This lease might include provisions substantially similar to the following: Mr. Don Agetep Planning Director City of Carlsbad 24 January 1974 Page Two 1. There would be no fixed term of the lease except that the term would be at least until December 31, 1974. The City would be required to give six months notice of termination. For example, if the City desired the occupancy to cease on March 31, 1975, it would be required to give notice by September 30, 1974. 2. No rent would be payable; or if some rental were deemed to be required, it would be $1.00 per year or other nominal amount. 3. Mrs. Delpy would be required to keep the buildings insured and to maintain the assets as they are; reasonable wear and tear excepted. 4. Mrs. Delpy would be required to pay any property taxes (or possessory interest taxes) that may be levied against the property. 5. Mrs. Delpy could terminate the lease at any time upon giving 30 days notice to the City. We would appreciate hearing your thoughts on this matter at your early convenience. Yours very truly, WHITE, PRICE, PETERSON & ROBINSON Byron\NF. White BFW/jc