HomeMy WebLinkAbout2026-06-16; City Council; Resolution 2026-117Exhibit 1
RESOLUTION NO. 2026-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE
AND INDEMNITY AGREEMENT WITH THE SAN DIEGO COUNTY WATER
AUTHORITY FOR USE OF A PORTION OF THE PARK PROPERTY CONTROLLED
BY THE WATER AUTHORITY FOR THE VETERANS MEMORIAL PARK
GROUNDBREAKING EVENT, AND DELEGATING AUTHORITY TO THE CITY
MANAGER TO EXECUTE SIMILAR AGREEMENTS FOR FUTURE CITY
CEREMONIAL EVENTS ON PROPERTY NOT CONTROLLED OR OWNED BY THE
CITY
WHEREAS, Veterans Memorial Park will be the City of Carlsbad's largest community park, at
almost 94 acres near the intersection of Faraday Avenue and Cannon Road; and
WHEREAS the City of Carlsbad plans to hold a groundbreaking event for Veterans Memorial Park
on July 6, 2026; and
WHEREAS, the city plans to use a portion of the park property controlled by the San Diego
County Water Authority, a water collection facility site, for the park’s groundbreaking event because
the site is flat and paved; and
WHEREAS, the rest of the Veterans Memorial Park property is hilly, uneven and unpaved,
making less desirable for hosting a public event; and
WHEREAS, the city needs to execute a release and indemnity agreement with the Water
Authority to use this portion of the park property; and
WHEREAS, without a delegation of authority from the City Council, this agreement and similar
agreements for future city ceremonial events on property not controlled or owned by the city will each
need to be separately authorized by the City Council at a City Council meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the proposed action authorizing the City Manager to execute a release and
indemnity agreement for a city ceremonial event and delegating authority to the City
Manager to execute similar agreements for future city ceremonial events is not a
“project” as defined by California Environmental Quality Act, or CEQA, Section 21065
and CEQA Guidelines Section 15378(a) and does not require environmental review
under CEQA Guidelines Section 15060(c)(2) because the action is limited to the
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execution of an agreement to permit temporary use of property for a groundbreaking
event. The action has no potential to cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment.
3.That the City Council authorizes the City Manager to sign the release and indemnity
agreement with the San Diego County Water Authority for use of a portion of the park
property controlled by the Water Authority for the Veterans Memorial Park
groundbreaking event (Attachment A).
4.That the City Council delegates authority to the City Manager to execute similar
agreements for future city ceremonial events on property not controlled or owned by
the city.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 16th day of June, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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Attachment A
RELEASE AND INDEMNITY AGREEMENT
This Release and Indemnity Agreement ("Agreement") is entered into as of ____ (the "Effective Date") by and between the San Diego County Water Authority ("Water Authority"), the
City of Carlsbad ("Releasor"). Water Authority and Releasor are each a "Party" and collectively the
"Parties."
1.Definitions
1.1 "Claims" means all claims, demands, suits, causes of action, proceedings, liabilities,
obligations, damages (including consequential, incidental, special, exemplary, and punitive), fines, penalties, settlements, judgments, losses, costs, and expenses of every kind and nature, whether known or unknown, suspected or unsuspected, fixed or contingent, in law or equity, including reasonable attorneys' fees and costs and the costs of investigation, remediation, response, and compliance.
1.2 "Laws" means all applicable federal, state, and local laws, statutes, ordinances, codes, rules, regulations, orders, permits, approvals, and directives.
1.3 "Premises" means the real property located at
including all property, facilities, rights-of-way, and easements thereon.
1.4 1.4 "Released Matters" means any and all Claims arising from, related to, or in connection
with (a) Releasor's access to or use of the Premises and (b) Releasor's activities, operations, or occupancy in, on, over, under, or adjacent to the Premises.
2.Release by Releasor
2.1 Release. To the fullest extent permitted by Law, Releasor, for itself and its directors, officers, employees, agents, invitees, and representatives, irrevocably and unconditionally releases, acquits, and forever discharges the Water Authority and its past, present, and future board members, officers, employees, agents, contractors, consultants, representatives, and assigns ( collectively, the
"Water Authority Parties") from all Released Matters.
2.2 Waiver of Unknown Claims. Releasor expressly waives any rights or benefits it may have under any Law that would otherwise limit the scope of the above release to known or suspected claims
as of the Effective Date. Releasor understands and acknowledges the significance and consequences
of this waiver.
3.Covenant Not to Sue; Dismissal
3 .1 Covenant. Releasor covenants and agrees not to commence, maintain, or prosecute any Claim against any Water Authority Party concerning the Released Matters.
3.2 Dismissal. To the extent any such Claim has been or is hereafter commenced, maintained,
or prosecuted, Releasor shall promptly cause it to be dismissed with prejudice and shall bear its own fees and costs associated therewith.
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The water desalination receiver site on Faraday Avenue, south of Whitman Way, at Veterans Memorial Park
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06/17/2026
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