HomeMy WebLinkAbout1980-07-01; City Council; Resolution 62241
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RESOLUTION NO. 6224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MR. AND MRS. FRED LATHROP, MARINA OPERATORS AT SNUG HARBOR, REGARDING THE USE OF THE SURFACE WATERS OF AGUA HEDIONDA LAGOON AND THE PROVISION OF LAUNCHING FACILITIES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California does
1.
hereby resolve as follows :
and Mr. and Mrs.. Fred Lathrop, Snug Harbor marina operators, for
granting non-exclusive rights to the marina operator to provide
launching and marina facilities for launching boats on to the
surface of Agua Hedionda Lagoon, a copy of which is attached
hereto as Exhibit A and made a part hereof, is hereby approved.
execute said agreement for and on behalf of the City of Carlsbad.
of Carlsbad, California at a regular meeting held on the
That the certain agreement between the City of Carlsbad
2. That the Mayor of the City of Carlsbad is authorized to
PASSED, APPROVED AND ADOPTED by the City Council of the City
iSt , day of July , 1980, by the following vote to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ATTEST :
(SEAL)
AGREEMENT
BETWEEN THE CITY OF CARLSBAD
AND SNUG HARBOR MARINA OPERATOR
FOR USE OF AGUA HEDIONDA LAGOON
This agreement is made this day of ,
between the CITY OF CARLSBAD, a municipal corporation of the State
of Carlifornia (hereinafter referred to as "City") and Mr. and Mrs.
Fred Lathrop (hereinafter referred to as "Marina Operator").
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RE C I TAL S:
1. The City of Carlsbad is responsible for use of the sur-
face of Agua Hedionda Lagoon. The City's rights and obligations
concerning the lagoon are established by lease agreement between
San 'Diego Gas and Electric Company and .the City. A copy of that
agreement dated April 1, 1957, is on file with the City Clerk and
is incorporated into this agreement by reference.
2. The City Councilof the City of Carlsbad has approved
a lagoon management and user fee program.
3. The marina operator at Snug Harbor operates a business
that depends upon the waters of the lagoon and the use of same.
4. Both parties provide recreational opportunities to the
citizens and visitors of Carlsbad.
In consideration of the recitals and of the mutual convenants
herein expressed, the City and the marina operator hereby agree
as follows:
1. The City shall grant non-exclusive rights to the marina
operator to provide launching and marina facilities for launching
boats on the surface of Agua'Hedionda Lagoon.
2. The perator shall assist the c) ty by issuing
lagoon user permits, checking said permits to insure that City
and State regulations are being met, distributing City boating
information, collecting and being responsible for City monies
collected as a result of this process, and allowing the City to
post regulatory and information signs on property leased by marina
operators.
appropriate permits. Monies collected by the marina operator under
this agreement shall be delivered to City monthly and an accounting
The marina operator shall allow no boats to launch without
of the sources of these monies shall be provided.
3. The marina operator shall provide adequate restroom facili-
ties and provide trash clean-up in the Snug Harbor area from the mouth
of Snug-Harbor near the presently existing sandbars and buoys around
the harbor to include floating debris on the water surface and debris
ten feet on to the shore.
4. The marina operator shall monitor and regulate the number
of boats using the lagoon and launching from their facility to 80
boats at any given time and shall provide boat launching and dock-
ing facilities for the City patrol boat at no cost to the City.
5. The marina operator shall procure and maintain a policy
or policies, of public liability and property damage insurance with
an insurance company, or companies, approved by the City Manager
wherein the City is named as an additional insured.
to insure to a limit of not less than $500,000 for injuries or death
of any one person and property damage.
Such insurance
The insurance policy shall
cover those patrons launching from or using the marina ,operator's
facilities and shall cover any and all accidents occuring on the
operator's property.
6. This license may be terminated by either party upon sixty
days notice in writing to be served upon the other party stating
the day of the month such termination will. take place.
e e
7. Unless otheriwise terminated, this agreement shall be for
the period through July 30, 1980.
EXECUTED this day of , 1980 by the parties
as follows:
City of Carlsbad, California, a
municipal corporation.
Attest:
BY &&/-/JfL&>'l
Ronald C. Packard, Mayor
City Clerk
Snug Harbor Marina Operator
APPROVED AS TO FORM:
BY
Marina Operator
- Assistant City Attorney