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HomeMy WebLinkAbout1992-03-10; City Council; 11585; Shell Fish Hold Harmless Agreement_ . . I- n Y 0 if % . . zi 4 s 5 8 CIT’WF CARLSBAD - AGENDP-WLL J. 3 0 ,. II t.: JB# /i,5s TITLE:APPROVAL OF A SHELL FISH HOLD HARMLESS MT& 03/10/92 AGREEMENT CONCERNING QUALITY 0~ WATER DEPT. ENG- IN AGUA HEDIONDA CUP 194(6)X1 RECOMMENDED ACTION: CITY MGR.&2&& Adopt Resolution No. ?Y Lia- approving a Shellfish Hold Harmless Agreement between Carlsbad Aquafarms Incorporated and the City of Carlsbad and authorizing the Mayor to sign the agreement on behalf of the City. ITEM EXPLANATION: On April 17, 1991 the Planning Commission approved a three year extension of a Conditional Use Permit, CUP 194fB)xl by adopting Planning Commission Resolution No. 3214. The CUP was for operating an aquaculture facility for the growing of shellfish in water from the Agua Hedionda Lagoon. Condition No. 13 of the Planning Commission Resolution requires the applicant to enter into an agreement with the City acknowledging the existence of problems associated with the intermittent occurrence of unhealthful levels of fetal coliforms and other bacteriological organisms within Agua Hedionda Lagoon and agree to waive certain claims for causes of action and hold the City and the Encina Wastewater Authority harmless. The attached Exhibit No. 2 is such an agreement. The agreement was reviewed by the City Attorney’s office and is intended to meet Condition No. 13 of CUP 194(B)xl. FISCAL IMPACT: The signing of this agreement may save potential unspecified costs associated with any claims connected to the operation of the aquaculture facility. EXHIBITS: 1. Location Map. 2. Shellfish Hold Harmless Agreement. 3. Resolution No. %- ?q approving the Shellfish Hold Harmless Agreement between Carlsbad Aquafarms, Inc. and the City of Carlsbad and authorizing the Mayor to sign. LOCA-TION MAP cm OF ocutsm NOT TO SCALE PROJECT NAME CARLSBAD AQUAFARMS -.. -. _-.. -.-. .-..- --- ..- .-_ PROJECT EXHIBIT NUMBER CUP 194(B)Xl 1 WT. 2/18/m. SHELL FISH HOLD HARMLESS AGREEMENT This agreement is entered into this /???&?p%%%?/ Zr/ day , of rs&&?fl#Y- I / 1992 by and between Carlsbad Aquafarms Incorporated a California Corporation hereinafter referred to as "Applicantl' and the City of Carlsbad, a municipal corporation of the State of California hereinafter referred to as rrCitya. RECITALS WHEREAS, the Applicant did request and receive approval from the City for the extension of Conditional Use Permit 194(B)xl to allow an Aquaculture facility on property generally located on the 1 east side of Carlsbad Boulevard and north of the SDG&E Plant in and adjacent to Agua Hedionda Lagoon on ‘April 17, 1991 pursuant to Planning Commission Resolution No. 3214; and, WHEREAS, Condition No. 13 of said Planning Commission Resolution No. 3214 requires the Applicant to enter into an agreement with the City acknowledging the existence of problems associated with the intermittent occurrence of unhealthful levels of fetal coliforms and other bacteriological organisms within Agua Hedionda Lagoon; and, WHEREAS, Condition No. 13 of said Planning Commission Resolution No. 3214 further requires that the Applicant agree to waive certain claims for causes of action and hold the City, the Encina Wastewater Authority formerly the Encina Administrative Agency and its member agencies of their officers and employees harmless from any and all liabilities and damages resulting from or -l- arising out of Applicant's continued operation of its business. NOW THEREFORE, in consideration of the recitals and covenants contained herein, the Applicant and the City agree as follows: I 1. Applicant fully acknowledges and understands that there have been claims of unacceptable levels of fetal coliform and other bacteriological conditions within Agua Hedionda Lagoon which render applicants shellfish at times unmarketable, unsalable and not fit for human consumption under the laws, ordinances, polices and regulations of Federal, State, County or local jurisdictions. Furthermore, applicant recognizes and acknowledges that its business may be interrupted from time to time resulting from an application of these laws, ordinances, policies and regulations. 2. Applicant waives al+ claims for causes of action against the City, the Encina Wastewater Authority and its member agencies or their officers and employees from any and all damages or liabilities resulting from or arising out of the extension of Conditional Use Permit No. 194(B)xl. Applicant further waives any and all claims for business interruption loss of profits, taking of property or injury to business reputation to the fullest extent allowed by law. 3. Applicant indemnifies and holds harmless the City, the Encina Wastewater Authority and its member agencies, their officers and employees from any and all claims, demands, causes of action, liability or loss of any sort asserted by third persons resulting from or arising out of applicant's continued operation of its business. 4. Applicant agrees to pay all costs including defense costs and attorney fees and all judgements against the City, the Encina -2- Wastewater Authority, its member agencies, their officers and employees for any claims, demands, causes of action, liability or loss of any sort arising out of applicants continued operation of its business. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. APPLICANT -J//N /)cI T/p/s . (print name here) 9?ww&>~7 ation of signatory) .5757p/+9/4&?- y (title and'orgdization of signatory) CITY OF CARLSBAD a Mayor ATTEST: City Clerk (Proper notarial acknowledgement of execution by APPLICANT must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL Acting City Attorney By: /2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 2i 23 24 25 26 27 28 RESOLUTION NO. 92-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SHELLFISH HOLD HARMLESS AGREEMENT BETWEEN CARLSBAD AQUAFARMS INCORPORATED AND THE CITY OF CARLSBAD. WHEREAS, Carlsbad Aquafarms Incorporated has received an extension of a Conditional Use Permit, CUP 194(B)xl, under certain conditions, and WHEREAS, one of the conditions of approval requires the applicant to enter into a Shellfish Hold Harmless Agreement with the City, and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the t public interest to enter into said agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the Mayor is authorized to execute the agreement and the City Clerk is authorized to maintain the original agreement in public record and furnish copies of the agreement to the Encina Wastewater Authority, the Planning Director and Carlsbad Aquafarms Incorporated. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 10th day of March , 1992 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton & Nygaard NOES: None ABSENT: None ATTEST: (SEAL) rk