HomeMy WebLinkAbout1980-11-04; City Council; Resolution 6343,
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RESOLUTION NO. 6343
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
A SUPPGEMENT TO AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND SNUG HARBOR MARINA
OWNER FOR USE OF AGUA HEDIONDA LAGOON
WHEREBY THE OPERATOR AGREES NOTTO LAUNCH
ANY BOAT WITHOUT INSURANCE AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain Supplement, to Agreement between the
City and Marina Operator dated July 1, 1980, whereby Marina
Operator agrees not to launch any boat without insurance, a copy
of which is attached hereto as Exhibit A and made a part hereof,
is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
4th day of November , 1980 by the following vote, to wit:
Council Members Packard, Casler, Anear, Lewis and Kulchin AYES :
NOES : None
ABSENT: None
ATTEST :
- RONALD C. PACKARD, Mayor
(SEAL)
e EXHIBI~ TO CITY COUNCIL
RESOLU ON NO. 6343
SUPPLEmNT TO AGREEMENT
BETWEEN THE CITY OF CARLSBAD
AND SNUG HARBOR MARINA OWNER
FOR USE OF AGUA HEDIONDA LAGOON
This agreement is made this 1980
between the CITY OF CARLSBAD, a municipal corporation of the State of
California (hereinafter referred to as "City") and Dr. Daljit Sarkaria
(hereinafter referred to as "Marina Operator") .
RECITALS :
1.
July 1, 1980, whereby the City granted Marina Operator non-exclusive
rights to provide launching and marina facilities for boats on the
surface of the Agua Hedionda Lagoon.
The City and Marina Operator entered into an agreement, dated
2. Marina Operator in return for such rights agreed to certain
obligations regarding the use of the Lagoon.
3. City wants to be assured that the people using the Lagoon for
boating purposes are aware of the need to observe safety rules and are
responsible people financially and otherwise, who will conform their
conduct to the rules in order to insure a safe Lagoon. To help accom-
plish that purpose, both City and Marina Operator agree that liability
insurance should be required as a condition of launching a boat on the
Lagoon.
4. City and Marina Operator wish to supplement their agreement
whereby the Marina Operator will agree not to launch any boat that is
not insured.
NOW, THEREFORE, in consideration of their mutual covenants
and conditions, the parties hereto agree as follows:
1. The agreement between City and Marina Operator, dated
July 1, 1980, on file with the City Clerk and incorporated by
reference herein is hereby supplemented and amended to add the
following provision as a part of said agreement:
(8) The Marina Operator will not launch or allow to
be launched any boat onto the surface of the Agua Hedionda Lagoon
without first insuring that at least a $300,000 liability insurance
policy exists on the boat, naming the City as an additional insured,
which cannot be cancelled without notice to the City.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
CITY OF CARLSBAD, a municipal corporation
of the State of California
ATTEST:
v City Clerk
SNUG HARB
BY
APPROVED AS TO FORM: v
City Attorney
City Attorney
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