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HomeMy WebLinkAboutRotary Club of Carlsbad; 1967-01-09; F-44201V 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 29 30 31 32 SUB•LEASE •• ' ' ' I'-':' 'PARTIES: The parties to this Sub-Lease Agreement are the City of Carlsbad, California! a municipal Corporation, hereinafter re» ferred to as CITY; and The Rotary Club of Carlsbad, a California non profit corporation, hereinafter referred to as CORPORATION. RECITALS: This Sub-Lease Agreement is made with reference to the following facts: -; , U CITY is lessee from The Atchison Topeka 5 Santa Fe Railway i Company, a Kansas corporation, hereinafter referred to as RAILWAY, ' ! i ' ' " ' of ce,rtjain'property according to the terras of that certain LEASE OF LAND (short tern) hereinafter referred to as MASTER LEASE,dated March IS, 1963, a copy of which is attached hereto and by this reference incorporated herein, 2. The property sub-leased by this Agreement, hereinafter referred to as PROPERTY, is a portion of property, leased by CITY from RAILWAY according to the terras of MASTER LEASE, and is bounded by Grand Avenue, Washington, Elm Avenue,, and RAILWAY right of way. PROPERTY is shown on Exhibit "A" attached to MASTER LEASE, and is outlined in green thereon. I COVENANTS: It is mutually agreed by and between the parties as follows:'). . . . .• ,- .--.•- . ., •'.',- , • .; - . . :. ••. .-• •: •>'. •• '! 1. CITY sub-leases to CORPORATION and CORPORATION sub-leases from CITY, PROPERTY on the terras and provisions hereinafter set forth. . 2. PROPERTY is sub-leased for the purpose of us© by CORPORATION as a Fieiaorial park. CORPORATION shall not use, or permit PROPERTY, or any part thereof, to be used for any other purpose, ; 3. The terra of this Sub-Lease chall commence , and it shall continue tRefeafter for five (5) years tales soc-ner terminated. This Sub-Lease raay be terminated at any tir.c by 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 j 26 •27 ii 28 |! 29 .1 30 31 ii 32! cither party hereto by tho giving of thirty (30) days written notice of termination to the other party,; statin* therein tho date that such termination shall take cffectj and upon tho expiration of tho tl'wo specified in.such notice, this Sub»Lease and all rights of CORPORATION hsrcunder shall absolutely cease and determine; but upon any such termination CORPORATION shall be entitled to have refunded by CITY a proportionate part of any rental payed in advance0 2n the event MASTER LEASE is terminated for sny reason whatsoeverp this Sub-Lease shall automatically terminate as of the date and tiaio of termination of MASTER LEASE, without the necessity of any notice to either party he?cto8 This Sub-Lease HISY be terminated by CITY at any tiiaa for breach by CORPORATION of any of the terms hereof, by the giving of written notice thereof to CORPORATION, la the event of termination of this Sub-Lease, for any reason whatsosver8 CITY shall sustain no obligation or liability whatsoever by reason there- of to CORPORATION, other than to refund a proportionate pert of any rentals paid in advance. 4. CORPORATION agrees to perform ail of CITY's obligations, agreed to be performed under MASTER LEASE in regard to PROPERTY. 5. CORPORATION shall pay to CITY as rent for PROPERTY the :-u," of one dollar ($1.00) per year by delivering said sum to CITY on the date of commencement of this lease and on the sarce day of each ,r»;d every subsequent year during the term hereof. 6. CITY excepts and reserves the right to be exercised by CITY and by others who have obtained or may obtain permission or authority from CITY so to do, to operate, siaintain, renew, and relocate ;any and all existing pipe, power, and communication lines and appurtenances .and other facilities of like character upon, over or under the surface of PROPERTY; and from time to time to construct operate, maintain, renew and relocate such additional facilities ^ cf the sarae character on PROPERTY. 7. CORPORATION agrees to take out and maintain public -7. 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 | 29 jj 30 j h31 i! 32 ' liability insurance in regard to PROPERTY, naming CITY as an i additional insured, with an insurance-carrier satisfactory to CITY,; in limits of at least $100,000.00 for one person injured in one i : • • ; accident and $300,000.00 for raor© than one person injured in one i accident and $50,000.00 for property damage. 8. Any notice to be given by CITY to CORPORATION hereunder shall be deeroed to be properly given if the same be delivered to CORPORATION, or if left with any of its agents, servants or employees, or if deposited in the United States nail, postage prepaid, addressed to CORPORATION at 155 East Juniper Avenue,* Carlsbad,'California. DATEDt */*.u CITY OF CARLSBAD, CALIFORNIA THE ROTARY CLUB OF CARLSBAD, CALIFORNIA,INCORPORATED -3- Form 1616-B Standard ed by GeneraJ Solicitor} LEASE OF LAMD (Short Term) THIS LEASE, Made a3 of the ................. . ............................. day of ...... __________ .. ____________ , 19..6.L.., TH2 ATCEISON.TOPEXA AND SA2WA FZ RAILWAY CQI-5»ANIbetween .............................. :. ........................................................................................... ------ ............... ~ ............ — ...................... _ a. _____ .................... !....?....f. ............................................................... . ....................... corporation (hereinafter called "Lessor"). CITY OF GARLSSAQand ..................................................................................................................... . ......................................... ________ . ______ „ _________________ (hereinafter, whether one party or more, called "Lessee"). WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Lessor hereby leases to Lessee, subject to the rights and easements hereinafter excepted and reserved, and upon the terms and conditions hereinafter set forth, the land (hereinafter called "Premises") situated at or near Cas-lcbod <- * * San Diego_ ___ ............................................................................. t County of._ ..... _ ............. " ________________________________ ......... _____________ , „. . , GcJifos-nla ... , . , . . . ., . , , A ^ , , ;State of. ............ _________________ ........................................... „ ........... , outlined in red colonng on the print hereto attached, marked "Exhibit A" and made a part hereof, for a term beginning on .................. ®ce&tQ?_l ............... _.., 19..A?...., and ending when this lease shall be terminated as hereinafter provided. 2. Lessor hereby excepts and reserves the right, to be exercised by Lessor and by any others who have obtained or may obtain permission or authority from Lessor so to do, (a) to operate, maintain, renew and relocate any and all existing pipe, power, and communication lines and appurtenances and other facilities of like character upon, over or under the surface of the Premises; and (b) from time to time to construct, operate, maintain, renew and relocate such additional facilities of the same character as will not unreasonably interfere' with the use of the Premises by Lessee for the purpose specified in paragraph 6 hereof. 3. Lessee shall pay to Lessor on or before the first day of each period of one year during the continuance of this lease as rental for the use of the Premises for such period, a sum~equaHo-8tx-per--eent> -(6%)-crrHhe-fairTental value of ike-Premises; :-bot-cotr less- than:— :z~..::v.r.r.:~..™™^^ - the fair rental value of the Premises -at- th& effeotive-date hereof-i3-agreed-tt>-b«=rnr^.T- *---- ; — . ----------- .......................... Dollars ($ ..... *. ........................ ) per annum. Such fair rental- value ehaH-be increased fre£a-£ime -to time by the amount-of any -governmental chargeor assessment -(except general property taxes) payable on-accouat-ofcy-ia-reapeei-to-the-Pramiees- for-tha construction o£.public improvements. . 4. Lessee covenants and warrants that Lessee either owns, or has obtained from the owner or owners thereof the right to use, any improvements now on the Premises shown or described on said Exhibit A as "Lessee's Existing Improvements." Such improvements, if any, together with any other improvements hereafter placed upon the Premises by or for account of Lessee are hereinafter called "Improvements." 5. Lessee shall pay before the same become delinquent all taxes, charges, rates, and assessments which may, during the term of this lease, be levied upon, or assessed against, or be equitably chargeable to or assessed in respect of the Improvements; and where any such tax, rate, charge, or assessment may be embraced in the general amount of taxes charged upon the Premises separately or in connection with other property of Lessor and Lessor shall pay all of said taxes, then Lessee shall promptly repay or refund to Lessor the amount or part of the tax, charge, rate or assessment equitably or fairly apportionable to the Improvements. 6. Lessee shall use the Premises exclusively as a site f 7. Lessee shall keep and maintain the Premises and Improvements in such safe, sanitary, and sightly condition as shall be satisfactory to Lessor, and, if required by Lessor, shall paint the Improvements with paints ,of a color approved by Lessor; and if Lessee fails or refuses within fifteen (15) days after receipt of any request by Lessor so to do, Lessor may, at its option, perform such work, and in such event Lessee shall within thirty (30) days after the rendition of bill therefor reimburse Lessor for the cost so incurred. fi. In using the Premises, and in constructing, maintaining, operating and using the Improvements thereon, Jxjssee shall comply with any and all requirements imposed by fedora) or state statutes, or by ordinances, orders, or regulations of any governmental bodj- having jurisdiction thereover. In the eve.nt the Premises or Improve- roenta shall be used for the loading, unloading, storing, or otherwise handling of any petroleum products, Lessee shall comply with all regulations and recommendations from time to time promulgated by the Bureau of Explosives of the Association of American Railroads, or any successor agency. All artificial lighting in pump houses, warehouses, or other enclosures upon:the Premises, where oil or other inflammable fluid supplies are handled or stored by Lessee, except in unbroken original containers, shall be by electricity, and such electrical installation and any other electrical , installation upon the Premises shall at all times conform to and be maintained in accordance with the provisions of the then current edition of the National Elertrical Code with respect to Class 1 hazardous locations. Lessee shall promptly pay and discharge any and all liens arising out of any construction, alteration or repair work done, or suffered or permitted to be done, by Lessee on the Premises, and Lessor is hereby authorized to post, any notices or take any other action upon or with respect to the Premises that is or may be permitted by law to prevent the attach- ment of any such liens to the Premises; provided, however, that failure of Lessor to take any such action shall not relieve lessee of any obligation or liability under this or any other paragraph hereof. 9. Lessee shall at all times kqep a space of six (6) feet from the nearest rail of any railroad track entirely clear of structures, material and obstructions of every sort and shall observe an overhead clearance of not less than twenty- five (25) feet, above the top of rail; but, nevertheless, Lessee may erect loading platforms which shall not be more than three (3) feet and six (6) inches higher than the top of the rails, and which at no point shall be nearer than four (4) feet to the nearest side 6f the head of the nearest rail of such track; provided, however, if by statute or order of com- petent public authority different clearances shall be required, then Lessee shall strictly comply with such statute or order. 10. Lessee agrees to indemnify and save'harmless Lessor against all loss, damage or expense which Lessor may sustain, incur or become liable for, including loss of or damage to property or injury to or death of persons and fines or penalties imposed upon or assessed against Lessor, arising in any manner out of (a) the use of the Premises or Improvements by Lessee, (b) any breach by Lessee of the terms, covenants or conditions in this instrument con- tained, or (c) the sole or contributing acts or omissions of Lessee or the employes, agents, patrons or invitees of Lessee in, on or about the Premises or Improvements, except that if Lessor shall participate in any such contributing acts; or omissions, then the loss, damage or expense arising therefrom shall be borne by the parties hereto equally. , 11. Neither Lessee, nor the heirs, legal representatives, successors or assigns of Lessee, nor any subsequent assignee, shall underlease or sublet the Premises or the Improvements, or any part thereof, nor assign or transfer this lease or any interest herein, without the written consent and approval in each instance of Lessor. 12. In case of the eviction of Lessee by anyone owning or claiming title to or any interest in the Premises, Lessor shall not be liable to I^essee for any damage of any nature whatsoever or to refund any rental paid bereunder, except the proportionate part of any rental paid in advance. 13. If any rental hereunder shall be due and unpaid, or if default shall be made in any of the covenants or agree- ments of Lessee herein contained, or in case of any assignment or transfer of this lease by operation of law, Lessor may, at its option, terminate this lease by serving five (5) days' notice in writing upon Lessee; but any waiver by Lessor of any default or defaults shall not constitute a waiver of the right to terminate this lease for any subsequent 'default or defaults. 14. -This lease may be terminated at any time by either party by serving thirty (30) days' written notice of termination upon, the other party, stating therein the date that such termination shall take place, and upon the ex- piration of the time specified in such notice this lease and all rights of Lessee hereunder shall absolutely cease and determine; but upon any such termination Lessee shall be entitled to have refunded by Lessor a proportionate partj of any rentals paid in advance. 15. Any notice to be given by Lessor to Lessee hereunder shall be deemed to be properly served if the same be delivered to Lessee, or if left with any of the agents, servants or employes of Lessee, or if posted on the Premises, or; if deposited in the Post Office, postpaid, addressed to Lessee ot_.5 16. Upon the termination of this lease in any manner herein provided, Lessee shall forthwith surrender to Lessor the possession of the Premises and shall remove the Improvements and restore the Premises to substantially the state in which they were prior to the construction of the Improvements, and in case Lessee shall fail within thirty (30) j days after the date of such termination to make such removal or restoration, then Lessor may, at its election to be exercised within thirty (30) days thereafter, either remove the Improvements and restore the Premises for the account of Lessee, and in such event Lessee shall within thirty (30) days after the rendition of bill therefor reimburse Lessor for the cost so incurred, or may take and hold the Improvements as its sole property. . * 17. If Lessee fails to surrender to Lessor the Premises, upon any termination of this lease, all the liabilitiea and obligations of Lessee hercunder shall continue in effect until the Premises are surrendered; and no termination hereof shall release Lessee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or the date, if later, when the Improve- ments are removed and the Premises restored or Lessor elects to take and hold the Improvements as its sole property aa hereinabovo in paragraph 16 provided. IS. In the event that Lessee consists of two or more parties, all the covenants and agreements of Lessee herein contained shall be the joint and several covenants and agreements of such parties. 10. All tha covenants and agreements of Lessee herein contained shall be binding upon the heirs, legal repre- Bcntatives, successors and acaigna of Lessee, and ehall inure to the benefit of the successors and ansigna of Lessor. HT WITNESS WH2ESGF, This lease has been duly executed in duplicate by the parties hereto as of the day and year first above written, .';; . ' _ (Lessor) Approved as to description:By... Its..General Manager Chief Engineer. Bv_Ito .(Lessee) (Attach print here.) EXHIBIT 4kA" ATTACHED TO CONTRACT BETWEEN THE ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY AND • C\TY SAN BERNARDINO. CALIF. ER i-r , 19 6 a 50 50 cO (0 " i \ DESCRIPTION CORRECT J. W. COM ROY DIVISION ENGSNEEiR SCALE: 1 IN. TO IOO FT. Q 5T. as' ., « 15 .,.„ .1 ! it .. it .. 1 10 9 1 , 3 7 « 4.5 •r , ! ! u t 43' , (0 CO ! I 01 / UINS O- OEL5CRIPT\OM TV7O PARCEU5 OF L.A.KO LSA6EO FT. SHOWKl -OUTUN1ED -\T DIVISION ENGINEER'S DRAWING NO. L-3- Hall 6 66 1M 5645 Form 1736 Standard (Approved by General Solicitor) CONSENT TO SUBLEASE \ 2*K* __________________________ da Of _________________________ 19.7 /.THIS AGREEMENT, Made this ......................... K __________________________ day Of _________________________ ........ , 19 a D.<3lav;2.ra corporation (hereinafter called "Lessor"); CUT OF CARLSBAD (hereinafter, whether one party or more, called "Lessee") and CAULSBAD CHAI-EEB OF CQJ££RCB (hereinafter, whether one party or more, called "Sublessee"). WITNESSETH: WHEREAS, Lessor and Lessee are now parties to a contract dated iX.X.X.XXMXX.X~^a.r.. .T-5-,....Ul£3 Lessor's Secretary's Contract No...j6822B. , relating to the use by Lessee of a portion of Lessor's property (hereinafter called "Premises") at...Carlsfcad. , County"of...vGn..UiQ5Q. , State of C-ali£cuSli£l. , which contract, together with any and all modifications, supplements and amendments thereto, whether or not referred to above, is hereinafter called "Original Contract"; and WHEREAS, Lessee has agreed to permit Sublessee to use exclusively for the purpose of all or a portion of the Premises and/or improvements thereon, such agreement, however, being subject to the con- sent of Lessor as required by the Original Contract; and WHEREAS, Lessor is willing to give such consent upon the terms and conditions hereinafter set forth, which have been agreed to by Lessee and Sublessee; NOW, THEREFORE, the parties hereto, for the considerations herein expressed, agree as follows: Section 1. Lessor hereby consents to the granting by Lessee to Sublessee of the right to use all or a portion of the Premises and improvements located tbcreon for the sole purpose set forth in the foregoing recitals. Section 2. Lessee agrees (a) promptly to pay and discharge, or cause to be paid and discharged, all liens aris- ing out of any construction, alteration or repair work done, or suffered or permitted to be done, by it or by Sub- lessee on the Premises, and if Lessee fails so to do, Lessor, at its option, may terminate the Original Contract by serv- ing five (5) days' notice, in writing, upon Lessee; (b) to indemnify and save harmless Lessor from and against all loss, damage or expense paid by Lessor on account of any such liens; and (c) that Lessor is hereby authorized to post any notices or take any other action upon or with respect to such property that is, or may be, permitted by law to prevent the attachment thereto of any such liens, but that neither failure of Lessor to take any such action nor any termina- tion of the Original Contract for failure to pay and discharge any such Hens as above provided shall relieve I/jssee from the obligation of indemnity in Clause (b) above in this section hereof set forth. Section 3. Nothing herein contained shall release or relieve Lessee from any obligation under the Original Contract, but Lessee shall be and remain as fully responsible to Lessor for the acts a.nd omissions of Sublessee as if such acts and omissions were the acts and omissions of Lessee. Section 4. Sublessee hereby agrees to observe and be bound by all of the covenants, terms and conditions of the Original Contract and this agreement so far as the same apply to the use and occupancy of the Premises and im- provements thereon by Sublessee. Section 6. This agreement may be terminated at any time upon thirty (30) days' written notice given by any party to the other parties hereto and, in any event, shall ipso facto terminate upon the termination of the Original Contract, and upon any termination, Sublessee shall vacate and cease to use the Premises and improvements thereon. Section 6. Any notice to be given by Lessor to Lessee or Sublessee hereunder, or under the Original Contract, shall be deemed to be properly served if the same be delivered to Lessee or Sublessee, or if left with any of the agents, servants or employes of Lessee or Sublessee or if posted on the Premises, or if deposited in the Post Office, postpaid, addressed to Lessee at. and to Sublessee atZ«. Section 7. In the event either Lessee or Sublessee, or both, consist of two or more parties, all the covenants and agreements herein shall be the joint and several covenants and agreements of such parties. This agreement shall be effective as of ...................................... .Jfe2..3:§ ........................... , 19...7.9...... IN WITNESS WHEREOF, this agreement has been duly executed, in triplicate, by the parties hereto as of the day and year first above written. (Lessor) X.tt3 Assistant to Genera! (Sublessee) Supt.File llo.F-44201 n u Citp of Cartebab P. O. Box 265 i, California July I, 1983 Mr. A. K. Johnson A. T. & 5. F. Railroad Company 1170 Third Street San Bernardino, California Re: Sublease under March 15, 1963 JLtiaa^ to City of Carlsbad (Print No. L-3-25582, dated Deeeznbsr 1 4, 1**> .*» A vao*i>. Dear Mr, Joaasoa: The abov»-meotion*<d lease, which was recently entered into covers two psrci3l.s of property, one on either side of your right-of-way. The City wisaes to aablsasa to the _ Rotary Ck:b of Carlsbad, a non-profit corporation, the larger "of the two parcels for issu by tfewm as a memorial It is cont-SEip-lat'Sci that the lease will be terttiiiiabie oa thirty days notice just *s onr lease from yon ia, and in addition will bind tne Rotary Club to aii tne terrru and conditions contained in the leas 3 for your benefit. Under Paragraph 11 of our lease we must have written consent in order to enter into this sublease, and tola letter ia a request to you for s'jch written consent. W® proj>OBa to e^aeuts this l«as« on or abotit July 16, 1983, at the anniversary of the City's incorporation, with a cere- jnorry in the parh eit«. 1 would, therefor*, appreciate your giving written cons-sot to this sublease 33 joon as possible. A ftilly co0f.on33««S copy of the sublease tviil be trans rnitt-sd to yon for 3/our ills 3 -upon your request . Very truly yours, City Atto SCW:ma