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HomeMy WebLinkAbout1980-07-01; City Council; Resolution 6225t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l? 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND DR. DALJIT SARKARIA, MARINA OWNER AT SNUG HARBOR, 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 1. hereby resolve as follows: and Dr. Daljit Sarkaria, Snug Harbor marina owner, for granting non-exclusive rights to the marina operator to provide launching and marina facilities for launching boats on to the surface of Agua Hedionda Lagoon, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. execute said agreement for and on behalf of the City of Carlsbad. of Carlsbad, California at a regular meeting held on the That the certain agreement between the City of Carlsbad 2. That the Mayor of the City of Carlsbad is authorized to PASSED, APPROVED AND ADOPTED by the City Council of the City 1st day of July , 1980, by the following vote, to wit: Council Members Packard, Casler, Anear, Lewis and Kulchin AYES: None NOES : ABSENT: None ATTEST : (SEAL) -.- -7 F RONALD C. PACKARD, Mayo; AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SNUG EARBOR MARINA OWNER FOR USE OF AGUA HEDIONDA LAGOON day of 9 This agreement is made this between the CITY OF CARLSBAD, a municipal corporation of the State of California (hereinafter referred to as "City") and Dr. Dal-jit Sarkaria (hereinafter referred to as "Marina Operator"). - RECITALS: 1. The City of Carlsbad is responsible for use of the sur- face of Agua Hedionda Lagoon. The City's rights and obligations concerning the lagoon are established by lease agreement between San Diego Gas and Electric Company and the City. A copy of that agreement dated April 1, 1957, is on file with the City Clerk and is incorporated into this agreement by reference. 2. The City Council of the City of Carlsbad has approved a lagoon management and user fee program. 3. The marina operator at Snug Harbor operates a business that depends upon the waters of the lagoon and the use of same. 4. Both parties provide recreational opportunities to the citizens and visitors of Carlsbad. In consideration of the recitals and of the mutual covenants herein expressed, the City and the marina operator hereby agree as follows: 1. The City shall grant non-exclusive rights to the marina oper9tor to provide launching and marina facilities for launching boats on the surface of Agua Hedionda Lagoon. The marinaberator shall. assist the ey by issuing I lagoon user permits, checking said permits to insure that City arid State regulations are being met, distributing City boating infor- mation, collecting and being responsible for City monies collected as a result of this process, and allowing the City to post regulatory . and information signs on property leased by marina operators. The marina operator shall allow no boats to launch without appropriate permits. Monies collected by the marina operator under this agree- ment shall be delivered to City monthly and an accounting of the sources of these monies shall be provided. - 3. The marina operator shall provide adequate restroom facilities and provide trash clean-up in the Snug Harbor area from the mouth of Snug Harbor near the presently existing sandbars and buoys around the harbor to include floating debris on the water surface and. debris ten feet on to the shore. 4. The marina operator shall monitor and regulate the number of boats using, the lagoon and launching from their facility to 80 boats at any given time and shall provide boat launching and docking facilities for the City patrol boat at no cost to the City. 5. The marina operator will pay to the City one dollar for every boat launched from Snug Harbor marina. 6. The marina operator shall procure and maintain a policy or policies, of public liability and property damage insurance with aE insurance company, or companies, approved by the City Manager wherein the City is named as an additional insured. Such insurance to insure to a limit of not less than $1,000,000 combined. single limit for injuries or death of any one person and property damage. The insurance policy shall cover t.hose patrons launching from or using the marina operator's facilities and shall cover any and all. accidents occuring on the operator's property. 7. This license may be terminated by either party upon * sixty days notice (II writing to be served upc, e the other party *’ stating the day of the month such termination will take place. 8. Unless otherwise terminated, this agreement shall be for the period of one year and may be renewed for subsequent years thereafter. Renewal shall be automatic unless a notice of termin- ation is received by either party as stipulated in item 5 above. c. EXECUTED this day of , 1980 by the parties as follows: City of Carlsbad, California, a municipal corporation. Attest: I Ronald C. Packard, Mayor City Clerk Snug Harbor Marina Operator BY Marina Operator APPROVED AS TO FORM: n Assistant City Attorney