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Home My WebLink About2022-07-12; City Council; Resolution 2022-175RESOLUTION NO. 2022-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE HONORARY NAMING OF THE COURTYARD AT THE CARLSBAD CITY LIBRARY ON DOVE LANE (DOVE LIBRARY) AS THE ANN KULCHIN COURTYARD WHEREAS, the City Council of the City of Carlsbad, California recognizes Former Council member Ann Kulchin's more than three decades of service to the City of Carlsbad and her prominent support for the completion of the Carlsbad City Library on Dove Lane; and WHEREAS, the Kulchin family has requested an honorary naming of a part of the Carlsbad City Library on Dove Lane in recognition of her service to the City of Carlsbad and has met the application requirements for an honorary naming as specified in Council Policy No.48; and WHEREAS, both the Library & Cultural Arts Department Director and the City Manager reviewed the proposal and determined that all applicable criteria as required by the Council Policy No. 48 were satisfactorily demonstrated and achieved, and they recommended it be placed on the Library Board of Trustees agenda for recommendation to the City Council; and WHEREAS, at their regular May 2022 meeting, the Library Board of Trustees voted to recommended approval of the naming proposal to the City Council; and WHEREAS, approval of this honorary naming of the Dove Library courtyard as the "Ann Kulchin Courtyard" will result in tangible, ongoing recognition and appreciation for Former Councilmember Ann Kulchin's service to the City of Carlsbad. 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 courtyard at the Carlsbad City Library on Dove Lane shall be named the "Ann Kulchin Courtyard." 3.That the City Manager is authorized to execute the honorary naming agreement with the Kulchin Family, attached hereto as Attachment A. EXHIBIT 1 July 12, 2022 Item #16 Page 3 of 23 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of !!!!Y, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta. None. Norby. fr FAVIOLA MEDINA, City Clerk Services Manager (SEAL) July 12, 2022 Item #16 Page 4 of 23 HONORARY NAMING RIGHTS AGREEMENT BETWEEN THE CITY OF CARLSBAD AND ANN KULCHIN, STEVE KULCHIN AND LESLIE SALDANA THIS HONORARY NAMING AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of ___________________, 2022 (“Effective Date”), by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Ann Kulchin, Steve Kulchin and Leslie Saldana ("Kulchin Family”). RECITALS The City of Carlsbad Council Policy No. 48 provides an opportunity to name parks, municipal facilities and amenities within those facilities, including a procedure and criteria. The City desires to offer naming rights specific to designated areas of the Carlsbad City Library as authorized by the Carlsbad City Council on July 12, 2022. The City owns all the intellectual property rights associated with the naming of all or designated areas within any City park and municipal facility, including the Carlsbad City Library, located at 1775 Dove Lane, Carlsbad, CA (“Dove Library”). The Kulchin Family has proposed the honorary naming of the courtyard area of the Dove Library authorized by Carlsbad City Council for naming rights. On July 12, 2022 the Carlsbad City Council reviewed the proposal and found it consistent with the criteria identified in Council Policy No. 48. The City and Kulchin Family now wish to name the area, designated as the Dove Library courtyard, the “Ann Kulchin Courtyard.” NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and the Kulchin Family agree as follows: 1.The above recitals are true, correct and incorporated herein. 2.Naming of City Facility City hereby names the Dove Library courtyard, the “Ann Kulchin Courtyard” (“Naming”). The City shall install a sign in the Dove Library courtyard designating the area as the “AnnKulchin Courtyard”.. 3.Consent to Naming and Publicity For purposes of publicizing the Naming, City will have the right, without charge, tophotograph the Kulchin Family and use the names, likenesses, and images of the KulchinFamily in photographic, audiovisual, digital or any other form of medium (the MediaMaterials”) and to use, reproduce, distribute, exhibit, and publicize the Media Materials inany manner and in whole or in part, including brochures, Web site posting, informationaland marketing materials, and reports and publications describing the city’s development and business activities. 4.Term of Agreement Attachment A July 12, 2022 Item #16 Page 5 of 23 The term of this naming Agreement shall commence on the Effective Date and shall continue for either: (1) the life of the building, in its current specified use as the Dove Library or (2) the Dove Library is replaced, substantially renovated or developed for another use; whichever is earlier. 5. Termination The City retains the exclusive right to revoke the Naming of the Dove Library Courtyard. Therefore, this Agreement may be terminated by the City for any reason upon 30 days-notice. 6. Assignment This Agreement may not be assigned or otherwise transferred by any party hereto. 7. Modification No change, alterations, modifications or additions to the Agreement will be effective unless it is in writing and properly signed by both parties. 8. Representatives and Notices The City and Kulchin Family shall each designate a person who has the authority and responsibility for administering this Agreement. All notices regarding the performance or interpretation of this Agreement shall be served on such person at the following addresses: i. City’s Representative: Library & Cultural Arts Director, 1775 Dove Land, Carlsbad, CA 92011 ii. Steve Kulchin & Leslie Saldana: 7424 Circulo Sequoia Carlsbad 92009 9. Governing Law and Venue The existence, validity, construction and enforcement of this Agreement shall be governed in all respects by the laws of the State of California. In the event that either party deems it necessary to institute legal action arising from this Agreement, such action shall be instituted in the Superior Court of the State of California, County of San Diego. The parties each consent to the personal jurisdiction of such court. 10. Severability If any term, provision, covenant or condition of this Agreement is held by a court of competitive jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated as a result of such decision. 11. Vested rights No vested rights shall be conferred or received by the Kulchin Family, any individual or entity as a result of this agreement. 12. Entire agreement July 12, 2022 Item #16 Page 6 of 23 his Agreement constitutes the entire Agreement and understanding between the parties relating to this Agreeme t and supersedes all prior oral and written agreement, if any, of the parties, 1n respe to this Agreement. 13.Authority The individual executing this greement and the instruments referenced in it o behalfof the Kulchin Family each represent and warrant that they have he legal power, right andactual aut ority to bi d e Kulchin Family to he terms and conditions of his Agreement. Kulchin family CITY LSBA . a municipal e tate of California By: .. ,"'/,,, , /. ,,,,,..__ ,,,� _ __.:____.:,,.,;___ -------(sign here) S eve Kulchin By, ATTEST: ,21/4 kt ,&£-fl �� (sign here) ll'FAVIOLA MEDINA Leslie (Kulchin) Saldana ·y Ci y Clerk Service Manage By: L) II � ,,1d�� ,tu;. (sign here) nn Kutchin AP ROVED AS TO FORM: CELIA A BREWE , City Attorney July 12, 2022 Item #16 Page 7 of 23 ct ,