HomeMy WebLinkAbout1974-07-16; City Council; Resolution 3466RESOLUTION N0.3466
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING
FIRST SUPPLEMENT TO INTERIM PARKS AGREE-
MENT DATED OCTOBER 15, 1973 BETWEEN THE
CITY OF CARLSBAD AND LA COSTA LAND COM-
PANY AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT.
The City Council of the City of Carlsbad, California
does hereby resolve as follows:
1. That that certainagreement entitled "First Supplement
to Interim Parks Agreement Dated October 15, 1973 Between The City
of Carlsbad and La Costa Land Company" for the modification of
La Costa's obligations in regard to the dedication of San Marcos
Canyon, a copy of which is attached hereto marked Exhibit A and
incorporated herein by reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on be-
half of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
16th day of July , 1974, by the following vote, to wit:
AYES : Councilmen Frazee, Chase, McComas, Lewis and Skotnicki.
NOES : None.
ABSENT : None.
ATTEST :
(SEAL)
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AGREEXENT BETWEEX CARLSEAD UNIFIED SCEOOL DISTRICT
This agreenent made and entered into this 24th day of June, 1974
by and between the Carlsbad Unified School District, herelnafter called
"District1' and the City of Carlsbad, hereinafter called "City".
Now, therefore, in consideration of the premises, said City and said
District do now agree to cooperate with each other in carrying out the above
purposes and to that end do agree as follows:
1. The District permits use of the Laguna Ziviera School site,
corner of Kelly Drive and Hillside Drive, Carlsbad, California for the purpose
of the City to conduct a bicycle safety program.
2. The District will permit minor alterations to the surface of the
*- property for said use, all subject to advance review and approval of the
District Superintendent or Business Manager.
3. That the personnel employed by the City in its bicycle safety
educational program shall be under the supervision of the City and, further,
that the District's business representative is expected to and will advise as
to any future property changes for the bicycle safety program or in the use of
facilities under said District's jurisdiction.
4. That the City agrees to maintain used area in good condition by
periodically removing all debris and shall return area to original condition
including proper grades and drainage within forty-five (45) calendar days upoa
coinpletion of its bicycle safety educational program or the date of termination
of the agreement, vnichever occurs first .
5. That the City shall, prior to entering the District's property,
fumish the District with a certificate of insurance which will hold hamless
EXHIBIT A
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and free from liability the District, the 3oard of School Trustees-and its
officers, agents or employees while acting as such, from all damages, costs
or expenses which any of them shall become obligated to pay by reason of
liability imposed. by law Secause of injury to or death of persons, received -
or suffered. by reason OE operacion of the bicycle safety elucationai progra~
upon said premises, and further, the City shall 3e responsible for any or all
damages to all Cistrict prcperty caused as a result of any bicycle safety
educational progran activity being conducted on said premises by the City.
6. This agreement and the services hereunder shall be effectiL7e on
the 1st day of July, 1974 and shall thereafter continue until terminated,
7.
contrary, this agreement may be terminated at any time by either party hereto
Nothwithstanding any other provision of this agreement to the
by a thirty (30) day notice in writing.
In witness whereof, the parties hereto have caused this agreeaent to
be executed on their behalf.
By :
CARLSBAD UNIFIED SCHOOL DISTRICT
Acting Eistrict Superintendent
Ap?roved by the Governing Board on
June 24, 1974.
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