HomeMy WebLinkAbout1980-05-20; City Council; Resolution 61871
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mSOLUTION NO. 61 87
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE BRISTOL COVE PROPERTY OWNERS ASSOCIATION REGARDING THE USE OF THE SURFACE WATERS OF AGUA HEDIONDA LAGOON AND THE PROVISION OF LAUNCHING FACILITIES
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
The City Council of the City of Carlsbad, California does
iereby resolve as follows:
1. That the certain agreement between the City of Carlsbad
snd the Bristol Cove Property Owners Association regarding the
me of the surface waters of Agua Hedionda Lagoon and the granting
if nonexclusive rights to provide launching and marina facilities
io launch boats onto the waters, a copy of which is attached
iereto as Exhibit A and made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is authorized to
2xecute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED by the City Council of the City
If Carlsbad, California at a regular meeting held the 20th day
If May , 1980, by the following vote, to wit:
AYES: Councilmen Packard, Lewis and Anear and Councilwomen
NOES: None
Casler and Kulchin
NALD C. PACKARD, Mayor
YUETHA L. RAUTENKRANZ, Ci&y C rk 3% Anita Dack Murphy, Deputyzty Clerk ...
( SEAL)
7
AGREEM~NT BETWEEN THE CITY OF CARLSRAD AND THE BRISTOL COVE PROPERTY OYNERS ASSOCIATION FOR USE OF AGUA HEDIONDA LAGOON
This agreement is made this day of *
1980, between the CITY OF CARLSBAD, a municipal corporation of the
State of California (hereinafter referred to as "City") and the
BRISTOL COVE PROPERTY OWNERS ASSOCIATION (hereinafter referred to
as the "Association").
1. The City
Lagoon for public
2. The City
lagoon regulation
RE C I T A L S:
of Carlsbad uses the surface of Aaua Hedionda
recreational programs.
Council of the City of Carlsbad has adopted a
and user fee program,
.3. The Bristol Cove Property Owners Association has a private
access to the waters of the lagoon.
4. Both parties believe that establishment and enforcement
of reasonable rules and regulations for use of the lagoon is essen-
tial for the safety and welfare of all persons utilizing the lagoon.
In consideration of the recitals and of the mutual benefits
accruing to both parties, the City and the Association hereby
agree as follows:
1. The City shall adopt and enforce reasonable rules and
regulations for the use of the lagoon.
2. The Association shall assist the City by distributing
boating information and advising members of lagoon requirements
and regulations as from time to time adopted by the City.
3. Boats entering the lagoon from Bristol Cove shall adhere
to all City and State regulations regarding lagoon and boat use
and shall obtain all necessary City permits prior to entry onto
the surface of the lagoon.
4. The Association shall use its best efforts to control
boat launching access to ensure that only members of the Associa-
tion and their guests use such access. The public shall not be
allowed to use the Association's facilities for access to the lagoon.
5. This agreement may be terminated by either party upon
-sixty days notice in writing to be served upon the other party
stating the day of the month such termination will take place.
This agreement shall be for a period of one year and 6.
automatically renewed for like periods unless a notice of termina-
tion is received by either party as stipulated in item 5.
EXECUTED this day of , 1980 by the
parties as follows: City of Carlsbad, California,
Bristol Cove Property Owners Association
By : Victor Arndt, President
APPROVED AS TO FOKM:
Vincent F. Biondo, Jr.
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