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HomeMy WebLinkAboutBristol Cove Property Owners; 1980-05-20;*- - . AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE BRISTOL COVE PROPERTY OWNERS ASSOCIATION FOR USE OF AGUA This agreement is made this * 1980, between the CITY OF CARLSBAD, a State of California (hereinafter referred to as "City") and the BRISTOL COVE PROPERTY OWNERS ASSOCIATION (hereinafter as the "Association"). RECITALS: referred to 1. The City of Carlsbad uses the surface of Aqua Hedionda Lagoon for public recreational programs. 2. The City Council of the City of Carlsbad has adopted a lagoon regulation and user fee program. 3. The Bristol Cove Property Owners Association has a private access to the waters of the lagoon. 4. Both parties believe that establishment and enforcement of reasonable rules and regulations for use of the lagoon is essen- tial for the safety and welfare of all persons utilizing the lagoon. In consideration of the recitals and of the mutual benefits accruing to both parties, the City and the Association hereby agree as follows: 1. The City shall adopt and enforce reasonable rules and regulations for the use of the lagoon. 2. The Association shall assist the City by distributing boating information and advising members of lagoon requirements and regulations as from time to time adopted by the City. 9 3. Boats entering the lagoon from Bristol Cove shall adhere to all City and State regulations regarding lagoon and boat use and shall obtain all necessary City permits prior to entry onto the surface of the'lagoon. 4. The Association shall use its best efforts to control boat launching- access to ensure that only members of the Associa- tion and their guests use such access. The public shall not be allowed to use the Association's facilities for access to the lagoon. 5. This agreement 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. 6. This agreement shall be for a period of one year and automatically renewed for like periods unless a notice of termina- tion is received by either party as stipulated in item 5. EXECUTED this J@ day of ~~~~ , 1980 by the parties as follows: City of Carlsbad, California, a municipal corporation By. @,&.&kd~&/ . * /RZald C. Packard, Mayor ATTEST: APPROVED AS TO FORM: Vincent F. Biondo, Jr. Bristol Cove Property Owners Association By: . Ass- Y - 2-. RESOLUTION WHEREAS, the City of Carlsbad proposes to adopt and enforce rules and regulations for the use of the waters of Agua Bedionda Lagoon, and WHEREAS, enforcement of the proposed rules will make boating on the Lagoon safer; will require all persons using the Lagoon to be insured to the same extent as Bristol Cove Members- are required by Association rules to be insured, and will gen- erally make the Lagoon a more desirable recreational area, all to the benefit of members of the Association, and WHEREAS, the benefits to be derived from the adoption and enforcement of use regulations on the Lagoon by the members of the Association are such that the Association should agree to assist the City in its implementation of the rules, NOW THEREFORE, be it resolved that the President of the Association be, and he hereby is, authorized and directed to execute on behalf of the Association the agreement with the City of Carlsbad regarding use of Agua Hedionda Lagoon, a copy of which shall be inserted in the Minute Book of the Association immediately following the minutes of this meeting. CERTIFICATION The undersigned as duly elected and acting Secretary of the Bristol Cove Property Owners Association, hereby certifies that the copy of a resolution appeaqing above was adopted by the Board of Directors on the ,/(3.':day of q/f~+. Mp , , at a duly held meeting at which a quorum was pkesefit, and 1s 4 full, true and accurate copy and that the resolution has not been modified or rescinded. Dated: 7-/c:. $lL,' -. s- AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE BRISTOL COVE PROPERTY O'JNERS ASSOCIATION FOR USE OF AGUA HEDIONDA LAGOON This agreement is made this day of t 1980, between the CITY OF CARLSBAD, a municipal corporation of the State of California (hereinafter referred to as "City") and the BRISTOL COVE PROPERTY OWNERS ASSOCIATION (hereinafter referred to as the "Association"). 1. The City Lagoon for public 2. The City lagoon regulation RECITALS: of Carlsbad uses the surface of Aqua Hedionda recreational programs. Council of the City of'carlsbad has adopted a and user fee program. 3. The Bristol Cove Property Owners Association has a private access to the waters of the lagoon. I . 4. Both parties believe that estabiishment and enforcement of reasonable rules and regulations for use of the lagoon is essen- - tial for the safety and welfare of all persons utilizing the lagoon. In consideration of the recitals and of the mutual benefits accruing to both parties, the City and the Association hereby agree as follows: 1. The City shall adopt and enforce reasonable rules and regulations for the use of the lagoon. 3 2. The Association shall assist the City by distributing boating information and advising members of lagoon requirements and regulations as from time to time adopted by the City. 3. Boats entering.the lagoon from Bristol Cove shall adhere to all City and State regulations regarding lagoon and boat use and shall obtain all necessary City permits prior to entry onto the surface of the lagoon. 4. The Association shall use its best efforts to control boat launching access to ensure that only members of the Associa- tion and their guests use such access. The public shall not be allowed to use the Association's facilities for access to the lagoon. 5. This agreement 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. 6. This agreement shall be for a period of one year and . i automatically renewed for like periods unless a notice of termina- tion is received by either party as stipulated in item 5. . . EXECUTED this day of , 1980 by the parties as follows: ATTEST: /I City of Carlsbad, California, a municipal corporation By. @&i&&TA&f * . . /Ronald C. Packard, Mayor Bristol Cove Property Owners Association By: Victor Arndt, President APPROVED AS TO FORM: Vincent F. Biondo. Jr. . Assi- Y -2- 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92009 TELEPHONE: (714) 438-5821 May 22, 1980 Victor Arndt, President BRISTOL COVE PROPERTY OWNEris' ASSOCIATION 2965 Roosevelt Street Carlsbad, CA 92008 Re: Agreement for use of Agua Hedionda Lagoon Enclosed is the original of the above-referenced Agreement which wasapproved by the Carlsbad City Council at their meeting of May 20, 1980, by the adoption of Resolution 6187. Please obtain the signature of the appropriate officer of your Association and return the original Agreement to us, The copy of the Agreement and copy of Resolution 6187 are enclosed for your files. Thank you for your&Ttention. /' .'i ,.' : i Enclosures' RAYMOND F. FEIST NORMAN I-. “ETTER ROBERT c. KNSXUF JOHN I. LOY RAYMOND F. FEIST. JR. *LAN H. BURSON GERRY L. CURTIS HENRY R. HAGUE LAW OFFICES FEIST, VETTER. KNAUF AND LOY 810 M,SS,ON AVENUE. S”lTE 300 POST OFFICE BOX 240 OCEANSIDE. CALIFORNIA 92054 July 23, 1980 AREA CODE 714 TELEPHONE 722-1914 Aletha Rautenkrantz Deputy City Clerk 1200 Elm Avenue Carlsbad, California 92008 Dear Ms. Rautenkrantz: Reference: Bristol Cove Homeowners Association Enclosed please find the original Agreement between the City and Bristol Cove Homeowners Association which has been executed by the Association president. Also enclosed is a copy of the Resolution of the Board directing the president to sign the agreement. Thank you for your cooperation in this matter. Very truly yours, F AND LOY Alan H. Burson Enclosure