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Home My WebLink About1990-07-24; City Council; 10729; ACCEPTANCE OF DONATION FROM UNION PACIFIC REALTY COMPANYg -rl 4J a a * G a, a& .rl E 40 00 &a, Oh u d&l (do w %I OG 0 a -4 Cm -rl m ; -2 mo GU mo I -d ou vcd a, a, 0 ad %I& ou 4J-d 4JG cdcd htd a, &m a,& &&l ucd PI h& h4J a, wo a0 a @a, &l m aE Gcd cdh M mo e& Na I 94 mcd 0 .rl 24J cd .a, rrlh au da, &l a as 4JQ a *rl amh a0 rl Ma Ti cd a, v&lu CQJ 3 Pa 0ac UP@ 0 07 \ * .. hl \ w *g 4 3G z 0 F 0 a : z 3 0 0 CI'OF GARLSUAD - AUtNWUILL E f != DEPT. CITY I ACCEPTANCE OF DONATION FROM CITY 1 UNION rn PACIFIC REALTY COMPANY AB#.&JZL TITLE: MTG. 7/24/90 DEPT. Arts/Lib. RECOMMENDED ACTION: Adopt Resolution No. @-Jf..accepting a donation from Union Pacific Real Company. lTEM EXPLANATION: Union Pacific Realty Company is donating funds to the City of Carlsbad Arts Offic in the amount of $2,500 to fund the cost of the fireworks at the Pops Concert tk year to be held on September 2, 1990. The concert will take place at the corn of Faraday and Priestly Drive in the Carlsbad Research Center. Admission to tl concert is free. The Arts Commission recommends the City accept the donation of fund the Poi Concert fireworks display. FISCAL IMPACT: The cost of the fireworks is $2,500. The donation will cover this cost. The donation will be deposited into the Pops Trust Fund, account no. 880-51 921 6-0000. EXHl BIT: 1. Resolution No. %'-dfT 2.' Letter from Union Pacific Realty Co. 1 2 3 4 5 6 7 a 9 lo 11 12 l3 14 15 16 17 18 19 20 21 22 24 23 25 26 27 28 0 m RESOLUTION NO. 90-249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAC CALIFORNIA, ACCEPTING A DONATION OF FUNDS FOR FIREWORKS I POPS CONCERT. WHEREAS, the City’s Arts Office provides cultural opportunities 1 Carlsbad residents; and WHEREAS, the Arts Commission recommends fireworks be held conjunction with the Pops Concert; and WHEREAS, additional funding is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Carlsbad, California as follows: 1. The above recitations are true and correct. 2. The donation in the amount of $2,500 to the City of Carlsbad from Uni i Pacific Realty Company for the Arts Office in support of the fireworks at the Po Concert is hereby accepted, and deposited into the Pops Trust Fund, acct. r 880-51 9-921 6-0000. 3. The City is hereby authorized to expend said funds for the fireworks the Pops Concert being held on September 2, 1990. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb City Council held on the Bhday of July 1990, by the following vote, to wit: j AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Lars NOES: None ABSENT: None FLJL LAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKFIANZ, City Cle& 2 R&- j 0 W . - .-__ -____ -- __-__ - - ____ . _ May 29, 1990 Ms. Connie Beardsley Arts Office CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 RE: Indemnity Agreement for Pops Concert Sept. 2, 1990, at Carlsbad Research Center Dear Connie: Attached hereto is the usual Agreement for you to have Mayc Lewis sign. that time, I should have our check for $2,500 for the fire- works. Very truly yours, Please return it to me for our signature. By UNION PACIFIC REALTY COMPANY P&-*- William P. McCubbin, Jr. Director Real Estate Operations WPM: jo Attachment 0 WJ L NO. 2-8271 Page 1 AGREEMENT This Agreement is entered into this 22nd day of July, 1988, by and between CITY OF CARLSBAD, a municipal corporation of the State of California, whose address is 1200 Elm Avenue, Carlsbad, California 92008 (rrCityll) and UPLAND INDUSTRIES CORPORATION, a Nebraska corporation, who address is 2390 Faraday Avenue, Carlsbad, California 92008 ( 1~UIC") . 1. UIC hereby grants pemission to City, subject to the terms and conditions contained herein, to use the property shown in yellow outline on the print attached hereto and hereby incorporated herein, located at Carlsbad Research Center ( lf:Fropertyll) in connection with the Pops concert to be held September 2, 1990. 2. The permission hereby granted shall be for th day of Auqust 20 -, 1990 through Sept. 5 , 1990. 3. City agrees that it shall properly prepare t Property to assure safety to performers and persons attending the Pops concert. and equipment onto the Property and to remove the same aft completion of its use of the Property hereunder. Property shall not be modified, changed, or altered withou 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 at the time of receipt, reasonable wear and tear excepted. 5. City shall not suffer or permit any mechanics materialmen's, or other lien to be filed against the Property or any part thereof by reason of any work, labor, services or materials supplied or claimed to have been supplied to City or anyone claiming under City. 4. City shall have the right to bring personnel The 6. In i-ts use of the Property, City shall compl with all applicable laws. ordinances and regulations, whether federal, state or local, and shall protect, indemnify and hold UIC harmless from and against any liens fines or penalties resulting from failure to so comply. > m; m NO. 2-827I Page 2 7. City slhall at all times protect the Property ai defend, indemnify and hold harmless UIC and its affiliates and their officers, employees, and agents from and against any and all liability for loss, damage, costs, claims and expense (including attorney‘s fees) resulting from injury tc or death of any person (including, but not limited to, injury to or death of any officer, employee, or agent of UI( 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 any manner whatsoever including the partial negligence of UIC or its affiliates, resulting from the use of the Property by City by any persoi claiming under City, or by any officer, employee, agent, permittee or invitee thereof. As used herein, the term I1affiliates1* means any corporation controlling, controlled by or under common control with UIC. 8. This Agreement shall not be assigned in whole 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 cause( this Agreement to be executed by their duly authorized representatives as of the day and year first above written. UPLAND INDUSTRIES CORPORATION BY Its CITY OF CARLSBAD BY Its