Loading...
HomeMy WebLinkAbout1983-08-02; City Council; Resolution 72701 2 2 4 E c c 7 E 9 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE NORTH COAST FAMILY YOUNG MEN'S TIONAL PROGRAM ON THE MIDDLE PORTION OF AGUA HEDIONDA LAGOON AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. CHRISTIAN ASSOCIATION TO CONDUCT A RECREA- The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That certain sublease between the City of Carlsbad and the North Coast Family YMCA to conduct a recreational program in the middle portion of Agua Hedionda Lagoon, a copy of which is attached hereto marked "Exhibit A" and made a part hereof is approved. 2. That the mayor of the City of Carlsbad is hereby authorized and directed to create said agreement forandon behalf of the City of Carl sbad. PASSED, APPROVED AND ADOPTED at regular meeting of the City Council of the City of Carlsbad, California, held on the 2nd day of August , 1983, by the following vote, to wit: AYES: Councilmnkrs Casler, Lewis, Kulchh, Chick and Prescott NOES: None ABSENT: None - MARY CASLEY Mayor ATTEST: (SEAL) 7 EXHIBIT 1 6 'SUBLEASE Exhibit A THIS SUBLEASE, made and entered into as of' ¶ by and between CITY OF CARLSBAD, a municipal corporation ("Sublessor") and North Coast Family YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation ("Sublessee"). WITNESSETH: WHEREAS, Sublessor is the lessee of that certain real property of Rancho Aqua Hedionda Middle Lagoon Waters which is hereinafter described and is willjng to sublease the same to Sublessee; and WHEREAS, Sublessee is desirous of hiring and subleasing the said described property from Slrblessor for certain recreatfonal purposes; NOW, THEREFORE, in consideration of the performance of the terms and conds'tions hereof, the parties mutually agree as follows: I.. Demised Premises. -I For and in consideration of the payment of the rents and performance by Sublessee of the covenants hereinafter contained, sublessor hereby lets and Sublesset. hereby hires and 'leases from Sublessor those certa-in premises more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). 2. Use. The Property shall be used by Silblessee for the general purposes of recreation, sporting, fishing, and other purposes connected with Sublessee's recreational camping program, which use shall at all times be under the competent and effect.ive supervision of agents, servants, and employees of Sublessee. Sublessee shall not use the Property for any commercial or business venture. Sublessee's use of the water, shall be non-exclusive. Exhibit 3 Term. The initial term of this Sublease shG11 be for a period of ten (10) years 3. - commencing on the day of , 1983, and ending on the day of , 1993. This Sublease shall automatically be renewed for three (3) successive five (5) year terms unless either party gives the other written notice at least sixty (60) days prior to the end of the initial term or any successive term that the Sublease is to terminate at the end of such term. may terminate this agreement at a.ny time by giving ninety (90) days prior notice Notwithstanding anything to the contrary in this paragraph, either party to the other. 4. Rent. Sublessee agrees to pay to Sublessor the stim of ONE DOLLAR ($1.00) per yeav for the use and occupancy of the Property, receipt of which rent for the first (1st) year crf the initial term of this Sublease is hereby acknowledged. 5. Improvements Sublessee shall have the right, subject to the approval of San Diego Gas ii Electric Company and City of Carlsbad, to construct and repair any recrea- tionally re1a.ted improvement upon the Pr~perty, including, but not limited to, a corobined boat and fishing pier. clear of any and all liens at all times. Sublessee agrees to keep the Property free and Upon the termination of this Sublease, either by its expiration or upon notice, Sublessee agrees remove, at Stiblessee's own expense, any and all structural or other improvements upon receipt of winitten request from Sublessor, to which may have theretofore been erected or constructed on the Property by Sublessee. The renioval thereof shall be accompl ished within sixty (GO) days from and after the date of expiration or termination of this Sublease. 6. S u b o rd i n a t i on . This S!iblease is subordinate to that certain written lease between Sublessor and San Diego Gas & Electric Company, dated March 4, 1957, a copy of which is attached hereto, marked Exhibit "13" and incorporated herein by .- reference, as amended April 1, 1962, a copy of which Amendment is attached iereto , marked Exhibit "C" and incorporated herein by reference, 7. Waste. Sublessee shall not commit, suffer, or permit any waste, nuisances, or unlawful acts on the Property and shall at all times maintain the same in a clean and sanitary condition in compliance with all applicable laws, rules, regulations, and ordinances respecting health and safety of the City of Carlsbad, the County of San Diego, and the State of California, 8. Sanitary - Facilities. As further consideration for this Sublease, Sublessee agrees at its own expense, to erect, provide, maintain, and service such suitable sanitary facilities as may be required for the comfort and needs of the persons enter-ifig upon or us-ing the Property. 9. Hazards. -- Both parties recognize and agree that due Lo the operation of the tides, the flow of waters, and other causes not under the control of either party, subsurface obstructions, shoals, bars, and other potentially dangerous conditions certai!: may develop from time to time .in and under the surface of the waters contiguous to the Property and Sub1 essee, its agents servants employees permittees , licenseesg fnvitees, and other persons using and entering upon said waters do so with specif-ic knowledge and express notice, which notice Sublessee undertakes to give to all such persons of such conditions, and Sublessee and such persons specifically release and hold Sublessor harmless from and against any and all claims, deiriands, and 1 iabil ities for daiiiages or injuries occasioned by or resulting from such subsurface conditions. This release is in addition to such other release / 3/ i, a and indemnification as is provided below. 10. Right of Entry. Sublessor reserves the right to enter upon the Property at any time for the purpose of viewing the same to see if Sublessee is faithfully complying with the 11 * Pro per ty 12 terms and conditions of this Sublease. Ri yhts of Sub1 essee. Sublessee shall have no right nor acquire any interest in or to the other than as provided in this Sublease. Assianment. Sublessee shall not assign this Sublease nor sublease the Property; provided, however, Sublessee may allow other persons to use the Property for a fee. In the event that Sublessee allows the City of Carlsbad Parks and Recreation Department ("Parks") to use the Property, the following provisions arid conditions shall apply: (a) Fees. -- During prime-time months (as hereinafter defined) Parks shall be charged the same rate charged to YMCA Groups for use of the "Property". During non-prime time months (as hereinafter defined) Parks shall be charged one-ha1 f (1/2) of the prime-time rate for use of the Propertyy. used shall include the months of May through October and all federal, state, cowty, "Prime Time" as hereinabove and city school vacations, and all federal, state, count.y, and city ho!idays. "Noti-prime time" as hereinabove used shall include a1 1 months, days, and times which are not prime time. (b) II_ LifeEards. -- Sublessee shall not require Parks to employ Sublessee's lifeguards if, but only if, Parks ' 1 ifeguards complete Sublessee's orientation program and agree to, and in fact do, follow and uphold all of Sublessee's rules. '7 (c) Reservations. Parks and Parks' groups have the right to reserve dates for use of the Property up to one (1) year prior to the date of the actual use. 13. Waiver. Any waiver by Sublessor of any breach of one or more of the terms, covenants, and ccnditions of this Sublease shall not be a waiver of any subsequent other breach of the same or of any other term or condition hereof. 14. Indemnity. Sublessee hereby agrees to indemnify, save, and hold Sublessor harmless from any and all lossg damage, injury, and claims resulting from any act or omission of Sublessee, its employees, agents, 1 icensees E permittees, inva'tees or other persons upon the Property with or without the consent of Sublessee, to the person or persons, or property or properties of any person, including injury to or death of any person in any way arising from use and occupancy of the Property by Sub1 essee, its agents, servants employees , and other persons Notwithstanding any of the above to the contrary, Sublessee shall not be responsible for and does not tiold Sublessor harmless from any act or omission, which act or omission constitutes active negligence (whether direct, vicarious, or imputed) on behalf of Sublessor, its employees, or its agents. 15. Attorneys' Fees. In the event either party shall be requjred to commence any action or proceeding against the other by reason of any breach or claimed breach of any provision of this Sublease, to commence any action in any way connected with this Sublease, or to seek a judicial declaration of rights hereunder, the person pre- vailing in such action or proceeding shall be entitled to recover from the other person or to be reimbused the prevailing person's actual attorneys' fees and costs including, but not limited to, expert witness fees, witness fees, and any and all other fees and costs, whether or not the proceeding or action proceeds to judgment . /5/ 0 16. Construction. Whenever used in this S number shall include the plural, rblease, as the context requires, the singul,, the plural number shall include the singular, the masculine gender shall include the feminine andneuter, the feminine gender shall include the masculine and neuter, and the neuter gender shall include the mascul i ne and feminine. 17. Headicgs and Captions. The headiqsand captions at the beginning of the various paragraphs and subparagraphs of this Sublease shall not he construed to be a substantive part of this Sublease and shall not in any way define, limit, expand, or affect any provision of this Sublease. 18. Notices. -^_ Notices to be given hereunder from one party to the other may be served iri person or sent by certified mail to: SUBLESSOR: SUBLESSEE: 1200 Elm Avenue Carlsbad, California 92008 200 Saxony Road Encs'nitas, California 92024 or swh other place as the parties may designate. IN WITNESS &HEREOF, the parties hereto have caused this Sublease to be executed for and ot' behalf of each by and through their respectively authorized corporate officers as of the day and year first above written. SUBLESSOR: CITY OF CARLSBAD, a municipal corporation BY - , Mayor Attest: C1 erk Attest: SUBLESSEE: NORTH COAST' FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation --- Secret a ry The undersigned hereby consents to the foregoifig Sublease. SAN DTEGO GAS & ELECTRIC COMPANY, a corporation , President Attest : Secret a ry / 7/ RECORDING REQUESTED BY: Mr. David Kulchin CJHEN RECORDED, RETURN TO: Mr. David Kulchin North Coast Family YMCA 200 Saxony Road Encini tas Gal ifornia 92024 M EM 0 R.4 N D U M 0 F S U P L EA S E S I This Memorandum of Sublease is made as of 1983, by an between CITY OF CARLSBAD, a municipal corporation ("Sublessor") and NORTH COAST FAMILY YOUNG MEN'S CHKISTIAI\l ASSOCIATION ("Sub1 essee") concerning that certain real property (the "Property" located in the City of Carlsbad, State of Ca? ifornia, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. For 5ood and adequate consideration, Sublessor sub1 eases the Property To Sublessee, and Sublessee hires the Property from Sublessor, for the term and on the provisions contained in the SLihlease, which is incorporated in this Memormdum by this reference. 9 - -- The term of said Sublease is ten (IO) years, commencing 1983, and terminating on , 1993, subject to three (3) successive five (5) year extensions, unless either party gives the other written notice at least sixty (60) days prior to the end of the. initial term or any successive term that the Sublease is to terminate at the end of such term. Notwithstanding anything to the contrary in this paragraph, either party may terminate this agreertlent at any time by giving ninety (90) days pr-ior notice to the other. This memorandum is not a complete summary of the Sublease. Provisions in this Memorandum shall not be used in interpreting the Sublease provisions, In the event of conflict between this Memorandum and other parts of the Sublease, the other parts of the Sublease shall control. 11 / Executed on the date first written above. SUBLESSOR: CITY OF CARLSBAD, a municipal corporation , Mayor Attest : SUBLESSEE: NORTH COAST FAM I LY YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation Attest: Se creta ry STATE OF CALIFORNIA 1' 9 ss. 1 COU N T Y 0 F On , before me, the undersigned, a Notary Public in afid for said State, personally appeared -1_ , known to me to be the Mayor of the City of Carlsbad, and known to nie to be the person whose name is subscribed to the within instrunlent and acknowledged that - he executed the same on behalf' of the City of Carlsbad, known to me to be the person who executed the within instrument on behalf of the corporation therin named and acknowledged that such corporation executed the within instrument pursuant to its charter. WITNESS my hand and official seal. NOTARY PUPL I C STATE OF CALIFORNIA ) COUNTY OF ) ) ss, On a before mes the undersigned, a Notary Public in and for said State, personally appeared known to me to be the _Lc_c_-- P of the corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to rile that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal, NOTARY PUBL IC / 3/ LEGAL DESCRIPTION OF MIDDLE LAGOON WATERS OWNED BY SAN DIEGO GAS & ELECTRIC COMPANY TO BE SUBLEASED BY CITY OF CAKLSBAD TO THE Y.M.C.A. The certain portion of Lot "H" of Rancho Aqua Hedionda, according to the Map thereof No. 823, filed in the Office of the County Recorder of San Diego County described as follows: Comvencing at Corner No. 1 of said Rancho Agua Hedionda; thence South 78 03' East along the Northeaster?y line of said Lot "H" of Rancho Agua Hedionda, a distanceoof 1014.32 feet; thence leaving said Northeasterly lige of Lot "H", South 30 48' East, a distance of 238.36 feet; thence South 76 46' East, a distance of 931,69 feet to a point of intersection with the Westerly right of way line of the Atchison, Topeka & Santa Fe Railway Company as said right of way is described in a Deed recorded Septembero13, 1948, in Book 2944 at Fage 76 of said Official Records; thence South 83 33' 25" East, a distance of 167.89 feet to the FUE POINT OF BEGINNING; thence from said TRUE POINT OF BLGINNING, North 26 56' 40" West, a distance of 233.40 fee&; thence North 62 39' 20" East, a distance of 327651 feet; thence South 26 East, a distance of 208.78 fget; thence Soutn 53 40' 50" Nest, a distance of 257.37 fget; thence South 57 11' 50" West, a distance of 73.95 feet; thence North 26 56' 40" West, a distance of 45.55 feet to the TRUE POINT OF BEGINNING: excepting from the above described property that certal'n portion thereof 'lying above Mean Sea level, United States Geological Survey Datum. 56' 40" EX H I B I T I' A" March 4, 1957, lease between San Diego Gas & Electric Company (as Lessor) and City of Carlsbad (as Lessee) to be provided by Sublessor. EX H I BIT " B" .. April 2, 1962, Amendment to Lease between San Diego Gas & Electric Company (as Lessor) and City of Carlsbad (as Lessee) to be provided by Sub1 essor. EXH 1.B IT '' C" .. ..