Loading...
HomeMy WebLinkAbout1982-04-06; City Council; Resolution 6839, I. 1: 1; 1: 11 11 It 1: 1Z 1$ 2c 21 22 22 24 25 26 27 28 0 RESOLUTION NO. 6839 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING OF CARLSBAD AND THE CARLSBAD BOYS AND GIRLS CLUB TO CONSTRUCT A TEMPORARY FACILITY AT LEVANTE SCHOOL SITE FOR A A SUB-LEASE AGREEMENT BETWEEN THE CITY COMMUNITY RECREATION PROGRAM AND AUTHORI- ZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That certain sub-lease agreement between the City of Carlsbad and the Carlsbad Boys and Girls Club to construct a tem- porary facility at Levante School site for a community recreation program, a copy of which is attached hereto marked Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby author- ized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, held on the 6th day of April , 1982, by the following vote, to wit: AYES: Council Wers Casler, Anear, Lewis and Kdchin ATTEST: LETH HA L. RAUTENKRANZ, City Cleyd (SEAL) RONALD C. PACKARD, Flayor 2. SUB-LEASE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD BOYS AND GIRLS CLUB TO CONSTRUCT A TEMPORARY FACILITY AT LEVANTE SCHOOL SITE. day THIS AGREEMENT is made and entered into this of municipal corporation, hereinafter referred to as the rrCityr' and the Carlsbad Boys and Girls Club, a non-profit corporation, hereinafter referred to as the "Club". , 1982 by and between the City of Carlsbad, a W I T N E S S E T H: WHEREAS, the City is lessee from the Encinitas Union Elementary SchoolDistrict,San Diego County, State of California, hereinafter referred to as the "District" of certain property according to the terms of that certain lease of land hereinafter referred to as "Master Lease" dated May 5, 1981, is attached as Exhibit ttA'r and by this reference incorporated herein; a copy of which WHEREAS, the property sub-leased by this agreement in which a temporary facility will be constructed according to the terms of the Master Lease is located on the northwest corner of Levante School site, La Costa, adjacent to Levante Street, Parcel No. 24, Lot No. 250 as shown on the San Diego County Assessors Map No. 7451. NOW, THEREFORE, THE CITY AND THE CLUB agree as follows: 1. City sub-leases to the Club for the non-exclusive use of property on the terms and provisions hereinafter set forth. 2. Property is sub-leased for the purpose of maintaining and operating a Boys and Girls Club and for no other purpose. 3. The Club will install a temporary facility which will consist of a 1,200 to 2,400 square foot building that has decor appropriate for the surrounding community. This lease shall be for an indefinite term, but shall be subject to cancellation when the Club relocates in a permanent facility or at the sole discretion of either party hereto by giving to the other party sixty (60) days written notice of such cancellation. 5. Club shall pay to City as rental the sum of One Dollar ($1.00) per year. 6. Club shall not commit or suffer to be committed any waste upon the said premises, or any nuisance, or any other act or thing which may disturb the quiet enjoyment of the neighborhood in which the demised premises may be located. 7. Club shall pay for all water, gas, heat, light, power, sewer, telephone service, and all other service supplied to said premises. 8. Club shall, at its sole cost, landscape the area sur- rounding the temporary building in a manner that is attractive and appropriate for the neighborhood. the maintenance of this landscaped area. The Club will pay for 9. Club shall not assign its interest under the lease or any interest therein and shall not sublet property, or any part thereof without prior written consent of City.- - . .I :>, 10. The’Encinitas Union Elementary School District must give prior approval for the construction of the temporary facility. 11. Insofar as it is legally authorized, City shall hold free and harmless Club, members of the Board of Directors, its employees, officers and agents while acting as such, from all -2- , e claims, loss, expenses or liability which may arise by reason of liability imposed by law because of injury to property or injury to or death of person, received or suffered by reason of any defective or dangerous condition on any ground, site, building, equipment, play areas, recreation facilities or other improvements located on the premises the City. owned or maintained by Insofar as it is legally authorized, Club shall hold free and harmless City, members of the City Council, boards or Commissions, its employees, officers, costs, expenses or liability which may arise by reason of liability imposed by law because of injury to property or injury to or death of persons received or suffered by reason of operation of the recreational programs upon said premises and, further, the Club shall be responsible for any and all damages to District or City property caused as a direct result of any recreational activity being conducted on said premises by Club. 12. The Club further covenants and agrees during the term of this agreement, to maintain liability insurance, insuring said Club, as well as said City, its officers and responsible employees, from any liability that might arise because of negligence, negligent act, or omission on the part of any Club officer or employee during the course of, and arising out of, -. .I the performance of this agreement. *_ -3- , IN WITNESS WHEREOF, the parties have executed this agreement on the day and year written above. ATTEST : ALETHA L. RAUTENKRANZ City Clerk ATTEST : DAN SHERLOCK Executive Director CITY OF CARLSBAD, A Municipal Corporation of the State of California RONALD C. PACKARD, Mayor CARLSBAD BOYS AND GIRLS CLUB JOE HOLT President, Board of Directors -4-