HomeMy WebLinkAboutCUP 194Bx1; Carlsbad Aquafarms Inc; 1992-0000000; Hold Harmless Agreement/ReleaseSHELL FISH
HOLD HARMLESS AGREEMENT
This agreement is entered into this /?%k?&&'@f Z# da\
of~mwlr , 1992 by and between Carlsbad Aquafarms
Incorporated a California Corporation hereinafter referred to as
the State of Ca
commission
Resolution
agreement with
associated with the .? ce of unhealthful levels
of fecal coliforms and other bacteriological organisms within Aqua
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
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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:
1. Applicant fully acknowledges and understands that therf
have been claims of unacceptable levels of fecal coliform and othe~
applicants she1
s, polices anc
that its
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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
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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
itten above.
APPLICANT ARLSBAD a
(Proper notarial"! attached)
(President or vice-presid must sign for corporations. ~f 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
n
By : Id"& Q.6"
3 e//. qr .
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I
COrpOntion Acknowledgment
STATE OF CALIFORNIA
COUNTYOF 0/@4a 1''
On
and State. personally appeared
on the ba is of satisfactory evidenpe) to be the
executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of
the Corporation therein named, and acknowledged to me that such corporation executed thewithin instrument pur-
suant to its By-Laws or a Resolution of its Board of Directors.
d, IlfVAl , known to me to be the
-? 1- NotsrvSeal -,
NOTARY PUBUC . CILUCRNU
I Notary Public in and for said County and State.
"L-I!*
March 12, 1992
John Davis, President Aquafarms, Inc. PO Box 2600 Carlsbad, CA 92018
Enclosed for your records are copies of the signed and approved Hold Harmless Agreement - Shell Fish, and the City Council Resolution No. 92-74. These documents were approved at the City Council meeting on March 10, 1992.
If you have any questions regarding these documents please call the City Clerk's Office at (619) 434-2808. If you have questions regarding the details of the agreement or any possible conditions on this project, please call your "project engineer", located in our Community Development offices, at (619) 438-1161.
KATHLEEN D. SHOUP CT-I1
Enc: 2
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (61 9) 434-2808 @