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HomeMy WebLinkAbout1980-07-01; City Council; 6285; Agua Hedionda Lagoon Marina Operator's Agreementsfl- !rI-^_9JL £A!ii'S?AD -AGENDA BILL NO.' (j> £ ft x5^ . Initial: Dept.lld.l' 198° : c. n DEPARTMENT; Parks and Recreation _ _ , c< Mgr> Subject: ] AGUA HEDIONDA LAGOON MARINA OPERATOR'S AGREEMENT S ta tempn t of the Matter The City boating program for Agua Hedionda Lagoon will go into effect on July 17, 1980. It will be necessary for the City to obtain agreements with the current operators through July 30, 1980, and/with the new owner thereafter . \ i-1" Fiscal Impact N/A Exhibits . 1. Agreement with current Snug Harbor operators. 2. Agreement with new Snug Harbor owners 3. Resolution No. ^ 331/ , approving agreement - City and marina operator 4. Resolution No., ^jj^" , approving agreement - City and new owner Recommendations That City Council: 1. Adopt Resolution No. 6<334 , approving .agreement with marina operators 2. Adopt Resolution No. m^f , approving agreement with new owner. Council Action: 7-1-80 Council adopted Resolution No. 6224, approving an agreement with the marine operators, and adopted Resolution 6225, approving an agreement with the new owner, with the insertion of the new page 2 to each. 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 hereby resolve as follows: 1. That the certain agreement between the City of Carlsbad 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. 2. That the Mayor of the City of Carlsbad is authorized to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California at a regular meeting held on the 1st , day of julv , 1980, by the following vote to wit: AYES: NOES: ABSENT: Council Members Packard, Casler, Anear, Lewis and Kulchin None None '.cn^f RONALD C. PACKARD, Mayor ATTEST: THA L. RAUTENKRA (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"). » . RECITALS: 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 Council of 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. U. 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 marina operator shall assist the ^ity 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. The marina operator shall allow no boats to launch without .appropriate permits. Monies collected by the marina operator under this agreement shall be delivered to City monthly and an accounting 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. Such insurance to insure to a limit of not less than $500,000 for injuries or death of any one person and property damage. 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. 7. Unless otherwise terminated, this agreement shall be for the period through July 30, 1980. EXECUTED this as follows: Attest: day of Aletha L. Rautenkranz City Clerk , 1980 by the parties City of Carlsbad, California, a municipal corporation. By Ronald C. Packard, Mayor Snug Harbor Marina Operator By Marina Operator APPROVED AS TO FORM: . Biondo, Jr. , City Attorney Daniel S. Herttschke Assistant City Attorney 1 2 3 4 5 6 18 19 RESOLUTION NO. 6225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND DR. DALJIT SARKARIA, MARINA OWNER 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. 7 The City Council of the City of Carlsbad, California does o0 hereby resolve as follows: 9 1. That the certain agreement between the City of Carlsbad and Dr. Daljit Sarkaria, Snug Harbor marina owner, for granting non-exclusive rights to the marina operator to provide launching and marina facilities for launching boats on to the surface of 12 Agua Hedionda Lagoon, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. J.O 2. That the Mayor of the City of Carlsbad is authorized to execute said agreement for and on behalf of the City of Carlsbad. 15 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California at a regular meeting held on the16 1st day of July , 1980, by the following vote, to wit: 17 AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None 20 ' SDMLTTCT'PSCKASDTTlayor" 22 ATTEST: 23 24 25 26 27 28 ALETHA L. MUTENKRANZ,City Clgrk (SEAL) AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SNUG HARBOR MARINA OWNER 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 California (hereinafter referred to as "City") and Dr. Daljit Sarkaria (hereinafter referred to as "Marina Operator"). R E .C I T A L 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 Council of 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 covenants 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 marine operator shall assist the ty by issuing lagoon user permits, checking said permits to insure that City and State regulations are being met, distributing City boating infor- mation, 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. The marina operator shall allow no boats to launch without appropriate permits. Monies collected by the marina operator under this agree- ment shall be delivered to City monthly and an accounting of the sources of these monies shall be provided. 3. The marina operator shall provide adequate restroom facilities 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 docking facilities for the City patrol boat at no cost to the City. 5. The marina operator will pay to the City one dollar for every boat launched from Snug Harbor marina. 6. 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. Such insurance to insure to a limit of not less than $1,000,000 combined single limit for injuries or death of any one person and property damage. The insurance policy shall cover t,hose patrons launching from or using the marina operator's facilities and shall cover any and all accidents occuring on the operator's property. 7. This license may be terminated by either party upon sixty days notice .a writing to be served up<.., the other party stating the day of the month such termination will take place. 8. Unless otherwise terminated, this agreement shall be for the period of one year and may be renewed for subsequent years thereafter. Renewal shall be automatic unless a notice of termin- ation is received by either party as stipulated in item 5 above. EXECUTED this as follows: day of Attest: Aletha L. Rautenkranz City Clerk , 1980 by the parties City of Carlsbad, California, a municipal corporation. By ^Ronald C. Packard, Mayor Snug Harbor Marina Operator By Marina Operator APPROVED AS TO FORM: Vii><5ent Ff Biondo, Jr., City Attorney Dairiel S'. Hentschke Assistant City Attorney TO : FROM : DATE : SUBJECT: M E M 0 R A N D U M City Council Frank Aleshire, City'Manager July 1, 1980 Item 18, Agua Hedionda Lagoon Marina Operator's Agreements Please substitute each of the attached pages for pages two of the two agreements pertaining to marina operation. Paragraphs two and three have been changed to clarify that the operators will not permit boats to launch without permits and to clarify the area for trash clean-up. FA:MDL:kap