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HomeMy WebLinkAbout1976-07-06; City Council; Resolution 3947'cl. k 1 I f 1 at E 1C 11 1; 12 14 1E 16 17 18 19 20 21 22 23 24 25 26 27 28 0 RESOLUTION NO. 3947 e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING AN OFFER OF THE LEASE OF AN EMPLOYEE PARKING LOT, AUTHORIZING THE EXECUTION 0F.A CONTRACT AND AUTHORIZING FUNDS FOR THE LEASE. WHEREAS, The pri vately owned vehicles of ci ty empl oyees employed at the Corporation Yard are parked on the public streets and; WHEREAS, these vehicles constitute a nuisance to local merchants whose customers park in the public streets'and; WHEREAS, the Atchison, Topeka and Santa Fe Railroad has agreed to lease a portion of the railroad right-of-way at the end of Oak Street in close proximity to the yard for the purpose of a city employee parking lot and; WHEREAS, it is in the public interest, to provide off-street parking for city employees; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Carlsbad, as follows: xx xx 1. 2. The above recitations are true and correct. That the formal offer of $100 per month, plus property taxes by the Atchison Topeka and Santa Fe Railroad for lease of a parking lot is hereby accepted. That the Mayor of the City of Carlsbad is hereby authorized to execute a contract for the lease of said property. That the expenditure of $1200 is hereby authorized out of Fund 1-104-2870 of the City of Carlsbad solely and exclusively for the purpose of providing funds for the payments of the lease during the fiscal year. 3. 4. > 1 1 L F € - I € 5 1c 11 li 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 6th day of July , 1976, by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnfcki and NOES: None Councilwoman Casler. ‘ATTEST : (SEAL) 4 -2- CDMMERCIAL LEASE THIS LEASE, made as of the 25th day of May I 1976, between THI ,a YP corporation (heteinafter called "Lessor") and OF CAWBAD, .a California p,pwl1 corporatio- (hereinafter called "Lessee") . WITNESSETH: --__----- NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties hereto agree as follows: 1. TERM Lessor hereby leases to Lessee for a term beginning on June 15, 1976 , and continuing thereafter on a month to month -_--_-------------____I______ basis until this' lease is terminated as hereinafter provided, subject to.the rights and easements hereinafter excepted and reserved and upon the terms and conditions herein- after set forth, the land @ existinq improvements (hereinafter called "Premises") situated at or near Carlsbad , County of San Dieqo , State Of ma , as described or srown on print No. I dated Hay 17 , 1976 . , marked "Exhibit A", at- tached hereto and made a part hereof. 2. EXISTING FACILITIES Lessor hereby excepts and reserves the right, to be exercised by Lessor and by (1) Operate, maintain, renew and relocate any and all existing pipe, power and communication lines and appurtenances and other facilities of like character upon, over or under the surface of Premises;.and any others who have obtained or may obtain permission or-authority from Lessor so to do, to: (2) Construct, operate, maintain, renew and relocate such additional faci- lities of the same character as will not unreasonably interfere with Lessee's use of Premises as specified in paragraph 7 hereof. 3. RENTAL Lessee shall pay to Lessor as rental for use of Premises the sum of One Hundred ............................................................ and No/100 Dollars (S 100.00 payable in advance 4. SECURITY DEPOSIT Concurrently with the execution of this lease Lessee shall pay to Lessor the sum - -- of waived ($ 1 as security for the full and faithful performance of every provision of this lease to be Der- formed by Lessee. payment of rental or additional rental or the provisions of paragraph 20 (b) hereunder, Leqsor may use, apply or retain all or any part of this security deposit for the payment of any such rent or any other sum in default, or for the payment of any bther amount which Lessor may spend or become obligated to spend by reason of Lessee's default, said deposit is so used or applied, Lessee shall within Ten (10) days after written demand therefor deposit to Lessor in an amount sufficient to restore the security deposit to its original amount and Lessee's failure to do so shall be a material breach of this lease. Lessor shall not be required to keep the secuirty deposit separate from its general funds, and Lessee shall not be entitled to interest on such deposit. If Lessee defaults kith respect to any-pkovision hereof relating to th; If any portion of if Lessee shall fully and Q 0 0- faithfully Perform each provision of thjs lease to be performed by it the security deposit or any balance thereof shall be returned to Lessee upon demand by Lessee upon termination of this lease and upon Lessee's vacation of the Premises. 5. RENTAL ADJUSTMENT (a) At any time after three (3) years from the effective date heGeof, and there- after at intervals of not less than three shall be subject to revision upon thirty (30) days' notice in writing from Lessor to Lessee advising Lessee of such revision. Each such revision shall be based on a fair ren- tal return of the market valhe of Premises at the time of revision giving due considefation to use, location, street frontage, size and all other applicable factors. Any notice con- cerning such revision shall designate the amount of the revised rental and the date such revised rental shall become effective. (3) years, the rental specified in paragraph 3 (b) If Lessee pays the rent specified in this lease or any modification thereto after written notice has been mailed by Lessor notifying Lessee that the rent has been increased, even though Lessee may be making such payment after receiving a bill for the lower amount, acceptance by Lessor of the lower amount shall not consittute a waiver by Lessor of the right to collect the higher amount. 6. TAXES (a) During the term of this lease, Lessee shall pay to Lessor, in addition to the rental provided €or in paragraph 3 and within ten (10) days after receipt of bill therefor, all taxes and assessments which may be levied upon or assessed against or equitably charge- able to Premises, or which may be fairly apportionable to Premises, but included in taxes or assessments against a larger parcel of property of which Premises is a part. Lessee shall also promptly pay all taxes levied upon or assessed against its improvements, fixtures, personal property and operations on Premises. (b) In addition to the taxes and assessments specified'above, Lessee shall pay to Lessor any privilege, sales, gross income or other tax (not lncluding Federal or State income tax) imposed upon the rentals received by Lessor by any agency having the authority so to do. 7. USE Lessee shall use Premises exclusively as a site for citv cmploves sac: Lessee shall comply wmordinances or regulations applicable to said use, including but not limited to building and zoning ordinances, restricting or regulating or prohibiting the occupancy, use or enjoyment of the Premises. Failure of the Lessee to use the Premises exclusively for such specified purposes(s1 dr to comply with such laws, ordinances or regu- lations shall constitute a material breach of this lease and a valid basis for the exercise by Lessor of its right to terminate this lease as provided in paragraph 23 hereof. Should any governmental body having jurisdiction in the matter require Lessor to dedicate, restrict . or otherwise encumber the Premises, or any adjoining property of Lessor as a condition of the approval of Lessee's use of the Premises, or in compliance with any other governmental regulation, Lessor may, if said condition is unacceptable to Lessor, terminate this lease. Lessee covenant$ to properly notify Lessor accordingly should any of the above occur. 8. CONDITION OF PREMISES Lessee has examined Premises and accepts the use and occupancy thereof with full knowledge of the physical condition and of the conditions, restrictions, encumbrances and all matters of record relating to Premises. 9. ALTERATIONS Lessee shall make no change or alteration in nor additions to Premises without first obtaining the written consent of Lessor. 10. MAINTENANCE OF PREMISES Lessee shall keep and maintain the Premises and any and all buildings, structures, utility lines, paving and all appurtenances thereto including personal property (hereinafter sometimes called "Lessee-Owned Improvements") in condition and repair satisfactory to Lessor and shall not cause or permit any waste or nuisance in, on or about Premises. Any and all necessary repairs shall be made at Lessee's expense and Lessee hereby waives all right to make repairs at the expense of Lessor. If Lessee fails to make repairs within fifteen (15) -2 - days after notification in writing that repairs are necessary, Lessor may make such repairs to the Premises and Lesdee-Owned Improvements as Lessor deems necessary to maintain them in a clean, sightly, sanitary and good condition and Lessee agrees to promptly reimburse Lessor for the cost of such repairs upon receipt of bill therefor. 11. UTILITIES (a) Lessee shall pay any and all charges €or water, gas, sewer, heat,.light, power and telephone serdice and all other services supplied to or used on Premises or avaii- able, assessed or taxed to Premises. furnish to Lessee any water, gas, sewer, heat, light, power or telephone service or any other facilities, equipment, labor, materials or services of any kind whatsoever. Lessee agrees that Lessor shall not be required to ~ (b) If any utility company requires a license or permit from Lessor to cross pro- perty of Lessor, other than Premises, before the aforesaid services will be provided, Lessee shall pay to Lessor the bum of One Hundred Fifty and No/100 Dollars ($150.00), or such other sum as Lessor may from time to time put into effect, to cover the expense of preparing and processing each such licbnse or permit. 12. FENCE Lessee shall, at Lessee's expense, construct a fence or barricade, of a type ap- proved in writing by Lessor, along the boundary lines of Premises adjoining other property of Lessor. 94 13. FIRE HAZARD SAFEGUARDS Lessee shall at all times use and occupy Premises in such manner and shall adopt such safeguards as will minimize fire hazard to the fullest extent possible consistent with the use of Premises specified in paragraph 7 hereof. 14. INDEMNITY (a) Lessee agrees to indemnify and save harmless Lessor against all loss, damage or expense which Lessor may sustain, incur or become liable for, including loss of or damage to property or injury to Cr tleath cf pers0r.s and fines cr pemlties imposed upon or assessed against Lessor, arising in any mariner out of: (1) The use of Premises by Lessee, its employees, (2) Any breach by Lessee of the terms, covenants patron3, licensees and invitees; or conditions herein contained; (3) The construction, maintenance or location on Premises of Improvements, utility lines or services; or (4) The sole or contributing acts or omissions of Lessee or the employees, agents, patrons or invitees of Lessee in, on or about Premises or Improvements. (b) Upon written request by Lessor, Lessee shall assume or action brought against Lessor, its agents or employees, alleging damage hereunder, and Lessee shall pay all expense, including attorneys' fees, incurred by Lessee and/or Lessor in defending and settling all claims and liabilities against which it indemnifies Lessor hereunder. the defense of any suit anv claim €or loss or 15. LIENS Lessee shall promptly pay and discharge any and all liens arising out of any con- struction, alterations Qr repairs done, suffered or permitted to be done by Lessee on Premises and/or Improvements and shall indemnify Lessor against any loss incurred by Lessor on account of such liens. Lessor is hereby authorized to post any notices or take any other action upon or with respect to Premises that is or may be permitted by law to prevent the att,achment of any such liens to Premises; provided, however, that failure of Lessor to take - any such action shall not relieve Lessee of any obligation or liability under this paragraph 15 or any other paragraph hereof. -3- 16. SIGNS Without the written consent of Lessor, Lessee shall not place nor permit to be. placed on Premises or Imptovements any sign not solely for the purpose of advertising Lessee's business condhcted on Premises. Upon request by Lessor, Lessee shall immediately remove any sign or decoration which Lessee has placed or permitted to be plhced in, on or about Premises or Improvements which, in the opinion of Lessor, is objectionable or offen- sive. If Lessee fails to make such removal, Lessor may enter Premises or Improvements and remove said sign or decoration at Lessee's expense. 17. EVICTION In case of eviction of Lessee by anyone owning or claiming title to or any in- terest in Pltemises, Lessor shall not be liable to Lessee for damage of any nature whatsoever or to refund any rental paid hereunder, except the proportionate part of any rental paid in adVhce. 18. ASSIGNMENT Lessee shall not assign this lease without first obtaining Lessor's written ap- proval therefor. 19. SUBLEASE Lessee shall not sublease Premises or any part thereof without first obtaining Lessor's written approval therefor. 20. TERMINATION (a) This lbase may_be terminated at any'time by either par'ty hereto servin thirty (30) days' written notice of termination upon the othzr party stating therein ?he date such termination shall take effect. Upon the expiration of the time specified in such notice, this lease and all rights of Lessee hereunder shall absolutely cease and determine. (b) Upon termination of this lease in any manner provided herein, Lessee shall remove from Premises, at Lessee's expense, any Lessee-owned improvements and appurtenances, including all trade fixtures, personal property, utility lines, paving, foundations and any and all debris, leaving Premises in a cleared and reasonably level condition satisfactory to Lessor. If Lessee fhils to complete the removal of said improvements and appurtenances within thirty (30) days after termination of this lease, Lessor shall have the option, to be exercised'in writing at any time thereafter, to either: Perform such removal and clear Premises .for the account of Lessee and in such event Lessee shall reimburse Lessor for all costs so incurred within fifteen (15) days after rendition of bill therefor: or Take and hold said improvements and appur- tenances as its sole property without com- pensation to Lessee, and in such event Lessee shall be relieved of the obligation to remove or pay for removal of said improve- ments and appurtenances. 21. NOTICES All notices to be given hereunder shall be given in writing, by depositing same in the United States mail duly registered or certified, with postage prepaid, and addressed as follows: Lessor at: 121 East Sixth Street LQS Angales, California 90014 Lessee at: 1200 Elm Avenue Carlsbad, California 92008 or addressed to such other address as the parties'hereto may from time to time designate. -4- I. < .- the (5) =Y 22. BANKRUPTCY If Lessee should become insolvent or fail in business, or make an assignment for benefit of creditors, then Lessor may, at its option, terminate this lease upon five days' written notice. 23. FORFEITURE FOR DEFAULT * If any rental hereunder shall be due and ungaid, or if default shall be made in of the covenants or agreements of Lessee herein contained, or in case of any assignment or transfer of this lease by operation of law, Lessor may, at its option, terminate this Lease by serving five (5) days' notice in writing upon Lessee or serve notice in writing upon Lessee notifying Lessee to cure any default or defaults within five (5) days from ser- vice and if Lessee fails to do so, the lease will be deemed forfeited and terminated; but to terminate this lease for any subsequent or continuing default or defaults. any waiver by Lessor of any default or defaults shall not constitute a wavier of the right ,= .-? . 24. HOLDOVER If Lessee fails to surrender Premises to Lessor upon any termination of this lease, all the liabilities and obligations of Lessee hereunder shall continue in effect until Premises is surrendered. No termination hereof shall release Lessee from any lia- bility or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or date of surrender if it be later. t 25. ATTORNEYS' FEES If Lessor commences an unlawful detainer-action or any other action against Lessee to enforce any obligation arising under the terms and provisions of this lease, or against any subtenant or assignee of Lessee using the Premises, Lessee shall. pay all court costs and reasonable attorney's fees associated with such action. ' 26. CONDEMNATION In the event all or any portion of the leased Premises shall be condemned €or public use, Lessee shall receive compensation only for the taking and darnaging of Lessee's Improvements. Lessee shall have no claim to any compensation awarded for the taking of the Premises or any portion thereof including Lessee's leasehold interest therein or to any compensation from a sale of the Premises or any portion thereof by Lessor under threat of condemnation. 27: WAIVER No waiver by either party hereto at any time of any of the terms and conditions of the lease shall be deemed a waiver at any time thereafter of the same or any other terms or conditions hereof. 28. TIME OF THE ESSENCE The and specific performance are each of the essence of this lease. 29. HEADINGS AND TITLES The headings and titles to the paragraphs of this lease are not a part of this lease and shall have no effect upon the construction or interpretation of any part of this lease. 30. PUBLIC RECORD It is understood and agreed that this lease shall not be placed of public record. 31. AMENDMENT OF LEASE It is agreed that this lease sets forth all of the promises, agreements, condi- tions, inducements and understandings between the parties relative to the Premises and there are no promises, agreements, conditions, understandings, inducements, warranties or representations, oral or written; expressed or implied, between them other than as herein set forth and this agreement shall not be modified in any manner nor shall any provision be waived except by an instrument in writing executed by duly authorized representative of the parties. -5 - 32. BINDING All the covenants and agreements of Lessee herein contained shall be binding upon the heirs, legal representatives, successors and assigns of Lessee, and shall inure to the benefit of the successors and assigns of Lessor. IN WITNESS WHEREOF, this lease has been duly executed in duplicate by the parties hereto as of the day and year first above written. TKE DON. FE b y (Lessor) Its -6 - G.M FILE N0.a-70759 t 1 1 EXHIBIT "A" I ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND ClTY OF CARLSOAD . LOS ANGELES, CALIF: MRY 17, 1976 J. G. FRY A.C.M. -ENGINEERING SCALE: 1 IN.TO 100 FT. .. I -DESCR\PTION- A RECTANGULAR SHAPED PARCEL OF LAND CONTAiN\N6 0.WZ 2 OCRES SHOWN OUTLlNED SHADED. C.E.C.L. DRAWING NO. 601-39001 AT CARLSDAD, SAN DlEGO COUNTY, CALlF.