HomeMy WebLinkAbout1988-08-09; City Council; 9571; APPROVAL OF AGREEMENT BETWEEN UPLAND INDUSTRIES CORPORATION AND CITY OF CARLSBAD FOR USE OF THEIR PROPERTY TO HOLD POPS CONCERT*
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AB# Y57d TITLE: APPROVAL OF AGREEMENT BETWEEN UPLAND DE
MTG. LIB INDUSTRIES CORPORATION AND CITY OF
CARLSBAD FOR USE OF THEIR PROPERTY TO cI1
DEPT. 8/9/88 HOLD POPS CONCERT CI1
RECOMMENDED ACTION:
Adopt Resolution No. tfy'Jff approving Agreement between th
City of Carlsbad and Upland Industries Corporation an
authorizing the Mayor of the City of Carlsbad to execute sai Agreement for and on behalf of the City of Carlsbad.
ITEM EXPLANATION
Upland Industries Corporation, owners of the property whei
the Pops Concert is to be held, are requesting the attach6 agreement be signed, giving the City of Carlsbad permissic
to use the property for the use of the City's Pops concert '
be held on September 4, 1988.
FISCAL IMPACT
The agreement makes the City responsible even if proper owner is negligent.
EXHIBITS
1. Resolution $7%
2. Exhibit "A"
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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 UPLAN
INDUSTRIES CORPORATION FOR USE OF THEIR PROPERTY
The City Council of the City of Carlsbad, Califor
hereby resolve as follows:
1. That certain agreement between the City of
and Upland Industries Corporation, a copy of which is
hereto marked Exhibit “A” and made a part hereof, i
approved.
2. That the Mayor of the City of Carlsbad i
authorized and directed to execute said agreement for and
of the City of Carlsbad.
NOW, THEREFORE, BE IT FURTHER RESOLVED that
Council of the City of Carlsbad, California that:
PASSED, APPROVED AND ADOPTED at a regular meeti
City Council of the City of Carlsbad, Californla, held o
day of August, 1988 by the following vote, to wit:
AYES:
NOES: None
ABSENT: Council Member
Council Members Lewis, Kulchin, Pettine and Man I
i2tTak” ,LC-
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(SEAL)
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No. 2-8271 Page 1
AGREEMENT
This Agreement is entered into this 22nd day
July, 1988, by and between CITY OF CARLSBAD, a municipi corporation of the State of California, whose address
1200 Elm Avenue, Carlsbad, California 92008 ('*City*@) ai
UPLAND INDUSTRIES CORPORATION, a Nebraska corporation, address is 2390 Faraday Avenue, Carlsbad, California 9
1. UIC hereby grants permission to City, SUI
to the terms and conditions contained herein, to use tl property shown in yellow outline on the print attached
hereto and hereby incorporated herein, located at Carl: Research Center(11Property18) in connection with the Pop:
concert to be held September 4, 1988.
2. The permission hereby granted shall be fc
("UIC") .
days of September 1, 1988 through September 7, 1988.
Property to assure safety to performers and persons
attending the Pops concert.
City shall have the right to bring perso
and equipment onto the Property and to remove the same completion of its use,of the Property hereunder. The Property shall ?ot be modified, changed, or altered wi permission from UIC. Upon completion of its use of th
Property hereunder, City shall remove all equipment an
restore the Property to the same order and condition a
the time of receipt, reasonable wear and tear excepted
City shall not suffer or permit any mech
materialmen's, or other lien to be filed against the Property or any part thereof by reason of any work, la
services or materials supplied or claimed to have been
supplied to City or anyone claiming under City.
3. City agrees that it shall properly prepa
4.
5.
6. In its use of the Property, City shall c with all applicable laws, ordinances 'and regulations,
whether federal, state or local, and shall protect, indemnify and hold UIC harmless from and against any 1
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 f
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and against any and all liability for loss, damage, cost claims and expense (including attorney's fees) resulting
from injury to or death of any person (including, but no limited to, injury to or death of any officer, employee,
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 manner whatsoever, including the partial negligence of u or its affiliates, resulting from the use of the Property
City by any person claiming under /city, or by any officc employee, agent, permittee or invitee thereof. As used
herein, the term "affiliates" means any corporation
controlling, controlled by or under common control with 1
8. This Agreement shall not be assigned in whc 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 cal
this Agreement to be executed by their duly authorized
representatives as of the day and year first above writtc
UPLAND INDUSTRIES CORPOWT:
BY Its
CITY OF CARLSBAD Jkfl i 77 (Li7
BY Its CLAUDE A. LEWIS, Ma or
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