HomeMy WebLinkAbout1988-08-09; City Council; Resolution 88-277\ 3
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RESOLUTION NO. 88-277
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND UPLAND
INDUSTRIES CORPORATION FOR USE OF THEIR PROPERTY
The City Council of the City of Carlsbad, Californ
hereby resolve as follows:
1. That certain agreement between the City of Ci
and Upland Industries Corporation, a copy of whi.ch is a.
hereto marked Exhibit "A" and made a part hereof, is
approved.
2. That the Mayor of the City of Carlsbad is
authorized and directed to execute said agreement for and on
of the City of Carlsbad.
NOW, THEREFORE, BE IT FURTHER RESOLVED that tl
Council of the City of Carlsbad, California that:
PASSED, APPROVED AND ADOPTED at a regular meeting
City Council of the City of Carlsbad, California, held on
day of August, 1988 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine and Mamau
NOES: None
ABSENT: Council Member
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(XKz?&- ,/e- ALETHA L. RAUTENKRANZ, City Yerk
(SEAL)
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NO. 2-8278 Page 1
AGREEMENT
This Agreement is entered into this 22nd day ( July, 1988, by and between CITY OF CARLSBAD, a municipa.
corporation of the State of California, whose address i
1200 Elm Avenue, Carlsbad, California 92008 (IVCitytr) an(
UPLAND INDUSTRIES CORPORATION, a Nebraska corporation, '
address is 2390 Faraday Avenue, Carlsbad, California 92
( "UIC" ) .
1. UIC hereby grants permission to City, sub to the terms and conditions contained herein, to use th property shown in yellow outline on the print attached hereto and hereby incorporated herein, located at Carls
Research Center(llPropertylf) in connection with the Pops
concert to be held September 4, 1988.
2. The permission hereby granted shall be fo days of September 1, 1988 through September 7, 1988.
3. City agrees that it shall properly prepar Property to assure safety to performers and persons
attending the Pops concert.
4. City shall have the right to bring person and equipment onto the Property and to remove the same completion of its use.of the Property hereunder. The Property shall not be modified, changed, or altered wit permission from'UIC. Upon completion of its use of the Property hereunder, City shall remove all equipment and restore the Property to the same order and condition as
the time of receipt, reasonable wear and tear excepted.
5. City shall not suffer or permit any meche
materialmen's, or other lien to be filed against the
Property or any part thereof by reason of any work, lak services or materials supplied or claimed to have been supplied to City or anyone claiming under City.
6. In its use of the Prope,rty, City shall cc with all applicable laws, ordinances and regulations, whether federal, state or local, and shall protect, indemnify and hold UIC harmless from and against any lj
fines or penalties resulting from failure to so comply.
7. City shall at all times protect the Prop€
and defend, indemnify and hold harmless UIC and its
affiliates and their officers, employees, and agents fl
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and against any and all liability for loss, damage, costs claims and expense (including attorney's fees) resulting from injury to or death of any person (including, but not limited to, injury to or death of any officer, employee, c agent of UIC or its affiliates) or from damage, loss, or
destruction of Property (including, but not limited to,
Property of UIC or its affiliates), arising out of or in E manner whatsoever, including the partial negligence of UI(
Or its affiliates, resulting from the use of the Property
City by any person claiming under /city, or by any officer employee, agent, permittee or invitee thereof. As used herein, the term "affiliates" means any corporation
controlling, controlled by or under common control with UI
8. This Agreement shall not be assigned in who1 or in part by City without the written consent of UIC.
9. This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
IN WITNESS WHEREOF, the parties hereto have caus this Agreement to be executed by their duly authorized
representatives.as of the day and year first above written
UPLAND INDUSTRIES CORPORATIOI
BY Its
CITY OF CARLSBAD /ATz-;,
By 1 ['rfs I, i Its ' CLAUDE A. LEWIS, Mayor
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