HomeMy WebLinkAbout1980-11-04; City Council; 6285-1; Supplement to agreement w/Agua HediondaCITY OF CARLSBAD
AGENDA BILL NO. j JfJ ' njj^^j^i . Initial: 0
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DATE: November 1th, 1980 r Atty \lt=^\
DEPARTMENT Parks and Recreation C. Mgr.
Subiect:J . SUPPLEMENT TO AGREEMENT WITH AGUA HEDIONDA LAGOON MARINA
OPERATOR
Statement of the Matter
At the suggestion of the City Attorney, discussions have been
held with Dr. Sarkaria, the Agua Hedionda Lagoon Marina
Operator, regarding liability insurance.:.As a result of
those discussions, it was determined to be in the best
interests of both the Marina Operator and the City, for the
Operator to agree not to launch any boat on the lagoon
that did not have insurance. As a private property owner
and businessman, the Operator has that right, independent
of the City's ordinance or requirements of state lav/. The
City Attorney has prepared a supplement to the agreement
between the City and the Operator whereby the Operator
agrees not to launch any boat without insurance.
Exhibits
Supplement to Agreement with Agua Hedionda Lagoon Marina
Operator.
Resolution No. (f3T-3 approving said Supplement to Agreement.
Recommendation
If the City Council concurs, your action is to adopt
Resolution No. &3 *J3 approving the Supplement to the
Agreement between the City of Carlsbad and Snug Harbor
Marina Owner for use of Agua Hedionda Lagoon.
Council Action:
11-4-80 Council adopted Resolution 6343, approving a supplement to agreement with
owner of Snug Harbor M arina not to launch any boat without insurance.
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RESOLUTION NO. _
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
A SUPPLEMENT TO AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND SNUG HARBOR MARINA
OWNER FOR USE OF AGUA HEDIONDA LAGOON
WHEREBY THE OPERATOR AGREES NOT TO 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 I, 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
_4£h day of^NQVfimber, ' I960 by the following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
ATTEST:
RONALD C. PACKARD, Mayor
ALETHA L. RAUTENKRANZ, City Clerk)
(SEAL)
EXHIBIT TO CITY COUNCIL
wN NO. 6343
SUPPLEMENT TO AGREEMENT
BETWEEN THE CITY OF CARLSBAD
AND SNUG HARBOR MARINA OWNER
FOR USE OF AGUA HEDIONDA LAGOON
This agreement is made this l.^J_ day of fJ & VtCn\Bf/ft 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. The City and Marina Operator entered into an agreement, dated
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.
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:
I. 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:
By
RONALD C. PACKARD, Mayor
ALETHA L. RAUTENKRANZ,
City Clerk
SNUG HARB
APPROVED AS TO FORM:
VII City Attorney
DANIEL S/tHENTSCHKE, Assistant
City Attorney
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