Loading...
HomeMy WebLinkAbout1984-05-01; City Council; Resolution 75933 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 re ! Ca, wh he an Ca of bY A1 1 (: A1 RESOLUTION NO. 7593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD RESEARCH CENTER TO CONSTRUCT A TEMPORARY SOFTBALL FACILITY AT LOT 18 AND 19 OF THE RESEARCH CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Carlsbad, California, does hereby lve as follows: 1. That certain agreement between the City of Carlsbad and the sbad Research Center to lease property on a temporary basis, a copy h is attached hereto marked Exhibit "A" and made a part hereof, is 'by approved. 2. That the Mayor of the City of Carlsbad is hereby authorized directed to execute said agreement for and on behalf of the City of sbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council ;he City of Carlsbad, California, held on the 1st day of May , 1984, ;he following vote, to wit: AYES: NOES: None Council Wnbers Casler, Lewis, Chick and Petthe ABSENT: Council Member Kulchin EST: a LEASE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD RESEARCH CENTER TO CONSTRUCT A TEMPORARY SOFTBALL FACILITY AT LOT 18 AND 19 OF THE RESEARCH CENTER. THIS AdREEMENT is made and entered into this day of 9 1984 by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as the "City" and the Carlsbad Research Center, a California General Partnershid, hereinafter referred to as the "Center", WITNESSETH: , in order to promote and provide for the health and general welfare le of Carlsbad and to cultivate the development of good citizenship by an adeqbate program of community recreation for youth, the parties hereto desire to nter into an agreement to provide a practice softball and baseball fields for the youth of our community; and WHEREA I , the property leased by this agreement in which temporary facilities structed is located in the Carlsbad Research Center adjacent to , Lot 18 and 19 of Map No. 10330. THE CITY AND THE CENTER agree as follows: 1. denter leases to the City for the non-exclusive use of property on the terms and ]provisions hereinafter set forth. roperty leased for the purpose of providing practice fields only for ball and baseball leagues. ity or its designee will install temporary wooden backstops which will be remove4 within 10 days of the termination notice or upon early termination of shall terminate on July 21, 1984 and can be renewed by mutual ag eement for five (5) years unless the Center or City notifies the other party wit desired. any reaso I . 2 weeks prior written notice at any time that a termination is However, the Center or City can immediately terminate this lease for 5. the term of 6. premises, businesses will be 7. C weekends facility. 8. -2- City shall pay to Center as rental the sum of One Dollar ($1.00) per this agreement. City shall not commit or suffer to be committed any waste upon the said or any nuisance, or any other act or thing which may disturb the adjacent to where the demised premises are located. The property cleaned up after each practice game by the City's designee. .ty can use the facility Monday - Friday from 4:30 p.m. - dusk, and on from 8:OO a.m. - dusk. The City will be responsible for scheduling the City, or its designee, will provide portable toilets and trash cans at r as it is legally authorized, Center shall hold free and harmless ers of City Council, Boards or Commissions, its employees, officers, the said 9. therein and consent of 10. fields and 11. grading 12. Center, while acting arise by injury to dangerous located on site, and maintain these items on a regular basis. C$ty shall not assign its interest under the lease or any interest shall not sublet property, or any part thereof without prior written Center. City, or its designee, will be responsible for the maintenance of the the surrounding area. The Center will grade the said property prior to use by the City. All must have prior approval by the Center. Insofar as it is legally authorized, City shall hold free and harmless metmbers of the Board of Directors, its employees, officers and agents as such, from all claims, loss, expenses or liability which may season of liability imposed by law because of injury to property or or death of person, received or suffered by reason or any defective or condition on any ground, site, equipment, or other improvements the premises owned or maintained by the Center. costs, expenses law because operation or shall be result of y agrees to take out and maintain at its expense a self-insurance rotect against City's liabilities mentioned in paragraph 12 and for or liability which may arise by reason of liability imposed by of injury to or death of persons received or suffered by reason of the recreational programs upon said premises and, further, the City responsible for any and all damages to property caused as a direct any recreational activiy being conducted on said premises by City. damages on laccount of bodily injury, including death resulting therefrom, suffered or directly or alleged to be suffered by any person or persons whatsoever resulting indirectly from any act or activities of City or any person acting for City or1 under City's control or direction, and also to protect against loss year written ATTEST : to damages to any property of any person caused directly or or from acts or activities of any persons acting for City or under above. City's contbol or direction. Such insurance shall be maintained in full force the entire term of this agreement in amount of not less than ($l,OOO,OOO> for each occurrence. the parties have executed this agreement on the day and CITY OF CARLSBAD, A Municipal Corporation of the State of California I ALETHA L. qAUTE34KRANZ WRY CASLER, Mayor City Clerk 1 CARLSBAD RESEARCH CENTER BRUCE DRAYTON