HomeMy WebLinkAboutCUP 194Ax1; Aquaculture Systems International; Conditional Use Permit (CUP)n -
January 2,1992
John Davis
Carlsbad Aquafarms Inc.
P.O. Box 2600
Carlsbad, CA 92008
CUP lM(a)xl SEAFARMS WEST
The approval of the extension of your Conditional Use Permit carried a condition (No 13
of Planning Commission Resolution No. 3214) to sign a certain agreement. As per
telephone conversations with you in early December, 1991 enclosed is the agreement.
Please execute and acknowledge the agreement as a corporation.
The agreement has been reviewed and approved by our City Attorney. The agreement will
be signed by the Mayor and acknowledged by the City Clerk after your signature and
acknowledgment.
If you have any questions, please call me at 438-1161, extension 4500.
Associate Engineer
JD:n
c: AnnHysong $1
2075 Las Palmas Drive Carlsbad, California 92009-1 51 9 - (61 9) 438-1 161 @
I
SHELL FISH
HOLD HARMLESS AGREEMENT
This agreement is entered into this day
of , 1991 by and between Carlsbad Aquafarms
Incorporated a California Corporation hereinafter referred to as
llApplicantll and the City of Carlsbad, a municipal corporation of
the State of California hereinafter referred to as llCityll.
RECITALS
WHEREAS, the Applicant did request and receive approval from
the City for the extension of Conditional Use Permit 194(B)x1 to
allow an Aquaculture facility on property generally located on the
east side of Carlsbad Boulevard and north of the SDGLE Plant in and
adjacent to Agua Hedionda Lagoon on April 17, 1991 pursuant to
Planning Cmudssion Resolution No. 3214; and,
WHEREAS, Condition No. 13 of said Planning Commission
Resolution No. 3214 requires the Applicant to enter into an
agreement with the City acknowledging the existence of problems
associated with the intermittent Occurrence of unhealthful levels
of fecal coliforms and other bacteriological organisms within Agua
Hedionda Lagoon; and,
WHEREAS, Condition No. 13 of said Planning Commission
Resolution No. 3214 further requires that the Applicant agree to
waive certain claims for causes of action and hold the City, the
Encina Wastewater Authority formerly the Encina Administrative
Agency and its member agencies of their officers and employees
harmless from any and all liabilities and damages resulting from or
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1 arising out of Applicant's continued operation of its business.
NOW THEREFORE, in consideration of the recitals and covenants
contained herein, the Applicant and the City agree as follows:
1. Applicant fully acknowledges and understands that there
have been claims of unacceptable levels of fecal coliform and other
bacteriological conditions within Agua Hedionda Lagoon which render
applicants shellfish at times unmarketable, unsalable and not fit
for human consumption under the laws, ordinances, polices and
regulations of Federal, State, County or local jurisdictions.
Furthermore, applicant recognizes and acknowledges that its
business may be interrupted from time to time resulting from an
application of these laws, ordinances, policies and regulations.
2. Applicant waives all claims for causes of action against
the City, the Encina Wastewater Authority and its member agencies
or their officers and employees from any and all damages or
liabilities resulting from or arising out of the extension of
Conditional Use Pemft No. 194(B)x1. Applicant further waives any
and all claims for business interruption loss of profits, taking of
property or injury to business reputation to the fullest extent
allowed by law.
3. Applicant indemnifies and holds harmless the City, the
Encina Wastewater Authority and its member agencies, their officers
and employees from any and all claims, demands, causes of action,
liability or loss of any sort asserted by third persons resulting
from or arising out of applicant's continued operation of its
business.
4. Applicant agrees to pay all costs including defense costs
and attorney fees and all judgements against the City, the Encina
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Wastewater Authority, its member agencies, their officers and
employees for any claims, demands, causes of action, liability or
loss of any sort arising out of applicants continued operation of
its business.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first
APPLICANT
written above.
CITY OF CARLSBAD a
Municipal Corporation of the State of California
(Name of Applicant)
By: (sign here) By: CLAUDE E. LEWIS
Mayor
(print name here)
ATTEST:
(title and organization of signatory)
By: (sign here)
(print name here)
ALETHA L. RAUTENKRANZ, City Clerk
(title and organization of signatory)
(Proper notarial acknowledgement of execution by APPLICANT must be
attached)
(President or vice-president and secretary or assistant secretary
must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL Acting City Attorney
By
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