HomeMy WebLinkAbout1983-05-10; City Council; Resolution 72161
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RESOLUTION NO. 7216
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
A LEASE WITH THE LEUCADIA COUNTY WATER
DISTRICT FOR A BRANCH LIBRARY SITE.
WHEREAS, the City of Carlsbad and the Leucadia County Water
District desire to enter into a lease of land for a branch
1 ibr ary ;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitation is true and correct.
2. That the lease attached hereto as Exhibit A is hereby
approved.
3. That the Mayor be authorized and directed to sign the
lease on behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad, California at a regular meeting held on the
10th day of May , 1983.
AYES : Council lmrs Casler, Lm7is, Kulchin and Presmtt
NOES: None
b- 6- ABSENT: council Cltri:
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MARY H. G$SLER, Mayor
ATTEST :
(SEAL)
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EXHIBIT A a
LAND LEASE - BRANCH LIBRARY
This lease is made on , 1983 between the
City of Carlsbad, a municipal corporation hereinafter called "City"
and Leucadia County Water District, a county water district,
hereinafter called "District,"
Property: District leases to City real property located in
the City of Carlsbad, County of San Diego, State of California
described in Exhibit A attached hereto and incorporated by reference.
City shall use said property for the establishment and operation of
a temporary branch City library,
Term: The term of this lease is for four years from
, 1983 to midnight on - I 19 f
unless extended or sooner terminated by City as provided for in this
lease. Subject to the provisions for extension, this lease shall
terminate without further notice upon expiration of the term. Any
holding over by City after expiration shall not constitute any renewal
or extension or give City any rights in or to the property except that
City shall be permitted to remove any structures or other
improvements, except underground utilities, placed on the property by
City.
Extension: City may, at City's option, extend the term of
this lease for additional periods of 18 months at a time, subject to
all the terms and conditions of this lease. The option to extend
shall be exercised by giving written notice to District not less than
30 days before the last day of the original or extended term. At the
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time of exercising the option to renew, and on the last day of the
term, City shall not be in default of any provision of this lease.
The notice of exercising the option shall be effective upon delivery
of the notice to the District. Delievery shall mean actual delivery
or deposit of the notice property addressed and posted in the United
States mail, Failure to exercise the option to extend for a period
shall extinguish all other options to extend and the lease shall
terminate on the last day of the term. District may excuse failure to
meet the time limits €or exercising the option to extend without
waiving any of the provisions of this paragraph regarding extensions.
Termination: City may terminate this lease at any time upon
30 days notice to District. District shall not terminate this lease
during the original four year term. District may terminate this
lease at any other time upon 18 months written notice to City.
Rent: City shall pay to District rent of $1.00 (one dollar)
per year or portion thereof payable in advance on the annual
anniversary of the date of commencement of the original term. The
annual rent is not subject to adjustment by District upon extension of
the term.
- Use: City shall use the property solely for the
establishment, maintenance and operation of a temporary branch City
library. The primary library structure shall be no larger than 3,000
square feet in floor area, and may be of modular construction. City
shall use its best efforts to ensure that the design and color of the
structure is consistent with the design and color of the District
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office. City shall landscape the area around the structure in a
manner that is consistent with the landscaping around the District
office. City shall remove all structures and building foundations
when it vacates the premises.
Assignment or Subletting: City shall not assign or sublet
its interest in the property without the prior consent of District,
which consent shall not be unreasonably withheld.
Water and Other Utilities: City shall provide water,
trash, electrical and other utility service to the property.
Return of Premises: Upon expiration of this lease City
shall return the property to District in substantially the same
condition as it was on the date of commencement of the lease. City
shall not commit or permit waste of the property.
Hold Harmless and Insurance: City agrees to hold District
harmless from any injury to persons or property arising out of City's
possession or use of the property or City's conduct of library
operations on the property.
shall be
Notices and Payment: All notices and payments to District
delivered to:
- ~
All notices to City shall be delivered to:
City Manager, City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
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This lease is executed on the date first noted above:
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City of Carlsbad by :
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Clerk of the Board
roved as to Form:
Leucadia County Water District
by :
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District Counsel
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