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HomeMy WebLinkAbout1980-11-04; City Council; Resolution 6343, 1 2 3 4 5 6 7 a 9 10 11 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUPPGEMENT TO AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SNUG HARBOR MARINA OWNER FOR USE OF AGUA HEDIONDA LAGOON WHEREBY THE OPERATOR AGREES NOTTO LAUNCH ANY BOAT WITHOUT INSURANCE 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 certain Supplement, to Agreement between the City and Marina Operator dated July 1, 1980, whereby Marina Operator agrees not to launch any boat without insurance, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf 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 4th day of November , 1980 by the following vote, to wit: Council Members Packard, Casler, Anear, Lewis and Kulchin AYES : NOES : None ABSENT: None ATTEST : - RONALD C. PACKARD, Mayor (SEAL) e EXHIBI~ TO CITY COUNCIL RESOLU ON NO. 6343 SUPPLEmNT TO AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SNUG HARBOR MARINA OWNER FOR USE OF AGUA HEDIONDA LAGOON This agreement is made this 1980 between the CITY OF CARLSBAD, a municipal corporation of the State of California (hereinafter referred to as "City") and Dr. Daljit Sarkaria (hereinafter referred to as "Marina Operator") . RECITALS : 1. July 1, 1980, whereby the City granted Marina Operator non-exclusive rights to provide launching and marina facilities for boats on the surface of the Agua Hedionda Lagoon. The City and Marina Operator entered into an agreement, dated 2. Marina Operator in return for such rights agreed to certain obligations regarding the use of the Lagoon. 3. City wants to be assured that the people using the Lagoon for boating purposes are aware of the need to observe safety rules and are responsible people financially and otherwise, who will conform their conduct to the rules in order to insure a safe Lagoon. To help accom- plish that purpose, both City and Marina Operator agree that liability insurance should be required as a condition of launching a boat on the Lagoon. 4. City and Marina Operator wish to supplement their agreement whereby the Marina Operator will agree not to launch any boat that is not insured. NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1. The agreement between City and Marina Operator, dated July 1, 1980, on file with the City Clerk and incorporated by reference herein is hereby supplemented and amended to add the following provision as a part of said agreement: (8) The Marina Operator will not launch or allow to be launched any boat onto the surface of the Agua Hedionda Lagoon without first insuring that at least a $300,000 liability insurance policy exists on the boat, naming the City as an additional insured, which cannot be cancelled without notice to the City. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: v City Clerk SNUG HARB BY APPROVED AS TO FORM: v City Attorney City Attorney -2-