Loading...
HomeMy WebLinkAbout1983-08-02; City Council; Resolution 73041 2 3 4 5 E 'i E z 1( 1: 1: 1: 11 l! 11 1' 1 1 2 2 2 2 2 2 2 2 2 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 -2- 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. -3- ’. 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 -4-