HomeMy WebLinkAbout1983-08-02; City Council; Resolution 73041
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RESOLUTION NO. 7 304
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LEASE BETWEEN THE CITY OF CARLSBAD AND DENISE NICOL TO CONDUCT A SNACK BAR AT CHASE SOFTBALL FIELD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Carlsbad, California does hereby
resolve as follows:
1. That certain lease between the City of Carlsbad and Denise
Nicol to open a Snack Bar at Chase Softball Field, a copy of which is
attached hereto marked "Exhibit A" and made a part hereof is approved.
That the mayor of the City of Carlsbad is hereby authorized 2.
and directed to create said lease for and on behalf of the City of
Carl s bad.
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:
NOES: None
Council Members Casler, -is, Kulchin, Chick and Presmtt
ABSENT: None
ATTEST:
(SEAL)
EXHIBIT 1
LEASE
THIS LEASE, made and entered ii?to this Of
_I , 1983, by and between the City of Carlsbad, a
municipal corporation, hereinafter referred to as "City" and.
Denise NicoS- of Carlsbad, California, hereinafter referred to as
"Lessee".
WITNESSETH
WHEREAS, the parties hereto desire to enter into a
lease of the snack bar facilities located at Chase Softball
Field, 3480 Rarcling Street, Carlsbad, California.
NOW, THEREFORE, it. is agreed as follows:
1. The term of the lease shall be from July 20, 1983 to
December 31, 1983. Lessee may operate the snack bar when the
departnent schedules softball games, tournaments, and special
events, during the hours of 6:OO - 9:OO p.mor Monday - Friday
and 1O:OO z.m. - 5:OO p.m. on Saturday and Holidays, The City
or Lessee can terminate the lease by giving the other party
thirty (30) days prior written notice.
2, The Lessee shall pay to the City One Ilundred Dollars
($100.00) per month. The rent shall be due and payable in
advance upon the fifteenth (15th) day of each month.
3. The premises hereby leased shall be used for the purpose of
conducting a food stand type business serving the general
public. No alcoholic beverages can be served. A health permit
must be obtained if required by law. The City will issue a key
for the rest rooms to the Lessee. The rest rocins can he opened
for public tlse while the Lessee is operating the facility.
4. A13 signs relating to said business are to conferm with City
Codes and are to be approved by the City Planning Department.
5, Ci.ty shall pa.y far all utilitj.cs furnished to said building.
A telephone can be added at the expense of the hssee.
c
6. Lessee agrees to maintain the leased premises in as good a
condition as said premises were when first occupied by Lessee
subject only to ordinary wear and usage, Lessee agrees to
maintain the facility in a safe, clean, and sanitary condition
to the complete satisfaction of the Parks and Recreation
Department and in compliance with all applicable law.
Lessee further agrees to provide proper containers for trash and
garbage and to keep the premises free and clear of rubbish and
litter during operation of the facility. City shall have the
right to enter upon and inspect the premises at any time for
cleanliness and safety. City agrees to maintain the roo€ and
the exterior of the building on the premises. Lessee shall
maintain the .interior of said building including all pointed
surfaces, plumbing, electrical and other utility facilties or
equipment.
7. Lessee shall not assign this leasep or any interest therein,
and shall not. sublet the said premises or any part: thereof, or
any right or privilege thereto, or suffer any other person to
occupy or use said premises, or any portion Lhereoi", without the
written consent of the City. Any such assignment or subletting
without such consent shall be void, and shall, at the option of
the city, terminate this lease.
8. If Lessee holds over the expiration of this lease for any
cause such holding over shall. be deemed to be tenancy fron month
to month only at the same rental per month and upon the same
terms, restrictions and provisions as herein contained. This
lease, however, shall not be extended past February 29, 1984.
9. Lessee shall not make any alterations to the premises without
City's consent. Any alteratioas made sha1.l remain on and be
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surrendered with the premises on expiration or termination of the
term, except that City can elect within thirty (30) days before
the expiration of the term, or wi-thin five (5) days after
expiration of the term, to require Lessee to remove any
alterations that Lessee has made to the premises. If City so
elects, Lessee at its cost, shall restore the premises last day
of the term, or within thirty (30) days after notice of election
is given.
10. Insofar as it is legally authorized and pursuant to
Government Code Section 895-4, the Lessee shall hold free and
harmless the City, members of the City Council, boards or
commissions, its erfiployees, officers and agents, bihil-e acting as
such, from all claims, loss, damages, 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 OK suffered by reasons of any defective or dangerous
conditio2 of any ground, site, building, equipment, play areas,
recreation facilities or other improvement located on the
premises leased by Lessee.
11. Lessee agrees to take out and maintain at its expense
liability insurance to protect against City's liabilities and
for damages on account of bodily injury, including death
resulting therefrom, suffered or alleged to be suffered by any
person or persons whatsoever resulting directly or indirectly
from any act or activities of City or any person acting for City
or under City's control or direction, and also to protect
against loss from liability for damages to any property of acy
person directly or indirectly by or from acts or activities of
any person acting for City or under City's control or direction.
Such insurance shall be maintained in full force and effect
during the entire term of this agreement in amount of not less
than five hundred thousand dollars ($500,000) for each occurrence.
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’.
IN WITNESS WHEREOF, the parties have executed this lease on
the day and year written above.
DENISE NICOL, Lessee
By:
APPROVED AS TO FORM:
VINCENT R. BIONDO, JR.
City Attorney
CITY OF CARLSBAD
By :
ATTEST:
7-
ALETHA L. RAUTENKRANZ
City Clerk
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