HomeMy WebLinkAbout1995-11-21; City Council; Resolution 95-327., ll e e
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RESOLUTION NO. 9 5 - 3 2 7
RESOLUTION OF THE CITY COUNCIL TO THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE SECOND AMENDMENT TO THE LEASE BETWEEN THE CITY AND
SAN DIEGO GAS & ELECTRIC FOR AGUA HEDIONDA
LAGOON
WHEREAS, the City Council wishes to amend the lease wit1
Diego Gas & Electric to eliminate the middle portion of Agua Hedj
Lagoon; and
WHEREAS, the City Council wishes to make the amendme
the lease based upon the successful negotiation of a license bet
SDG&E and the YMCA for the middle portion of the lagoon.
THEREFORE, the City Council of the City of Carlsbad does h
resolve as follows:
1. That the above recitations are true and correct.
2. That the Mayor is hereby authorized to sign the SI
amendment to the lease with SDG&E which is attached to this resol
as Exhibit “A”.
PASSED AND ADOPTED at a Regular Meeting of the City Cc
of the City of Carlsbad on the 21st , day of - NOVEMBER ,
by the following vote, to wit:
AYES: Council Members Kulchin, Finnila, Hall
NOES: None
ABSENT: c
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ATPEST:
s&+dANZ, City Clerk
KAREM R. KUNDTZ, Assistant City Clerk
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2ND AMENDMENT TO LEASE
This SECOND AMENDMENT TO LEASE is made and entered into
this 22nd day of NOVEMBER , 1995 by and between SAN DIEGO GAS &
ELECTRIC COMPANY, a California corporation, (“COMPANY”),as lessor and
the CITY OF CARLSBAD, a Municipal Corporation (“CITY”) as lessee,
RECITALS
A. Company and City entered into a lease of the Agua Hedionda Upper
Lagoon, dated March 4, 1957 (“Lease”).
B. Company and City entered into an AMENDMENT TO LEASE on
April 1, 1962, which amended the lease by, among other things, adding .the Agua
Hedionda Middle Lagoon to the leased area.
C. Company and City now wish to amend the Lease by canceling the
Lease on the Middle Lagoon.
NOW THEREFORE, it is mutually agreed between Lessor and Lessee as
follows:
1. Paragraph 3 of the Amendment to Lease, is hereby amended to
delete any reference to the Middle Lagoon, and shall read as follows:
“The City covenants and agrees to police, regulate, and control the entry
and activities in and upon the premises demised hereunder, described as the Upper
Lagoon, and the posted picnic areas, and in addition, will protect all company
owned property surrounding the demised premises, exterior to the portions herein
demised, so as to minimize any and all disturbances and damages, including the
possibility of damage to property and injury to persons incident to the use of said
premises by any permittees, licensees, invitees, agents, employees or independent
contractors of the City”
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2. Paragraph 14 of the Amendment to Lease is deleted, and the
following is substituted in its place:
“14. Both parties recognize and agree that due to the operation of the tides,
flow of waters, and other causes not under the control of either party, certain
subsurface obstructions, shoals, bars, and other potentially dangerous conditions,
may develop from time to time in and under the surface of the waters of the Upper
Lagoon, and the City, its agents, servants, employees, permitees, licensees,
invitees, and other persons using and entering upon the Upper Lagoon and any of
the premises herein demised, do so with knowledge and express notice of such
conditions, and do hereby specifically release and hold the Company harmless
from and against any claims, demands, or liabilities for damages or injuries
occasioned by or resulting from such subsurface conditions.”
3. To the extent that the above changes and modifications are at
variance with the provisions of the Lease dated March 4, 1957, as amended, the
provisions of this Lease are modified, altered and amended. All other terms and
conditions of the Lease shall remain and continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Second
Amendment to Lease to be executed by their authorized corporate representatives
as of the day and year first above written.
LESSOR: LESSEE:
SAN DIEGO GAS &
ELECTRIC COMPANY,
CITY OF CARLSBAD,
a Municipal Corporation
a California corporation
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By: Carlene A. Timm By: Bud Lkwis’
Real Estate Management & Mayor of the City
Planning, Manager of Carlsbad