HomeMy WebLinkAbout1992-03-10; City Council; Resolution 92-741
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RESOLUTION NO. 92-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SHELLFISH HOLD HARMLESS AGREEMENT
BETWEEN CARLSBAD AQUAFARMS INCORPORATED AND THE CITY OF
CARLSBAD.
4 WHEREAS, Carlsbad Aquafarms Incorporated has received an extension (
5 Conditional Use Permit, CUP 194(B)x1, under certain conditions, and
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WHEREAS, one of the conditions of approval requires the applicant to enter in
Shellfish Hold Harmless Agreement with the City, and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in
public interest to enter into said agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlst
California as follows:
1. That the above recitations are true and correct.
2. That the Mayor is authorized to execute the agreement and the City C
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Aquafarms Incorporated. 17
agreement to the Encina Wastewater Authority, the Planning Director and Carls 16
is authorized to maintain the original agreement in public record and furnish copies of
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad (
Council held on the loth day of March , 1992 by the following vote, to wit: I 20
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AYES:Council Members Lewis, Kulchin, Larson, Stanton t Nygaa
NOES: None
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25 ATTEST:
ABSENT: None
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27 ALETHA L. RAUTENKRANZ, City &rk
28 (SEAL)
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SHELL FISH
HOLD HARMLESS AGREEMENT
This agreement is entered into this FH&j&@/ 29
of FFHMPrnr” e’ , 1992 by and between Carlsbad Aquaf
Incorporated a California Corporation hereinafter referred t
llApplicantll and the City of Carlsbad, a municipal corporatic
the State of California hereinafter referred to as tlCityll.
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RECITALS
WHEREAS, the Applicant.,did request and receive approval
the City for the extension of Conditional Use Permit 194 (B)%
allow an Aquaculture facility on property generally located 01
east side of Carlsbad Boulevard and north of the SDG&E Plant il
adjacent to Agua Hedionda Lagoon on April 17, 1991 pursuan
Planning Commission Resolution No. 3214; and,
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WHEREAS, Condition No. 13 of said Planning CommiE
Resolution No. 3214 requires the Applicant to enter int(
agreement with the City acknowledging the existence of pro1
associated with the intermittent occurrence of unhealthful 1c
of fecal coliforms and other bacteriological organisms within
Hedionda Lagoon: and,
WHEREAS, Condition No. 13 of said Planning Commis
Resolution No. 3214 further requires that the Applicant agre
waive certain claims for causes of action and hold the City,
Encina Wastewater Authority formerly the Encina Administrz
Agency and its member agencies of their officers and emplc
harmless from any and all liabilities and damages resulting frc
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arising out of Applicant's continued operation of its busines
NOW THEREFORE, in consideration of the recitals and coven
contained herein, the Applicant and the City agree as follows
1. Applicant fully acknowledges and understands that t
have been claims of unacceptable levels of fecal coliform and o
bacteriological conditions within Agua Hedionda Lagoon which re
applicants shellfish at times unmarketable, unsalable and not
for human consumption under the '' laws,- ^.ordinances, polices
regulations of Federal, State, County or .local jurisdicti
Furthermore, applicant recognizes and acknowledges that
business may be interrupted from time to time resulting fro
application of these laws, ordinances, policies and regulatic
2. Applicant waives all claims for causes of action aga
the City, the Encina Wastewater Authority and its member ager
or their officers and employees from any and all damage:
liabilities resulting from or arising out of the extensio:
Conditional Use Permit No. 194 (B)xl. Applic,ant further waives
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and all claims for business interruption loss of profits, takir
property or injury to business reputation to the fullest e>
allowed by law.
3. Applicant indemnifies and holds harmless the City,
Encina Wastewater Authority and its member agencies, their offi
and employees from any and all claims, demands, causes of act
liability or loss of any sort asserted by third persons resul
from or arising out of applicant's continued operation of
business.
4. Applicant agrees to pay all costs including defense c
and attorney fees and all judgements against the City, the Er
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Wastewater Authority, its member agencies, their officer
employees for any claims, demands, causes of action, liabili
loss of any sort arising out of applicants continued operat:
its business.
IN WITNESS WHEREOF, this agreement is executed in San
County, California as of the date first written above.
APPLICANT CITY OF CARLSBAD a
.. Municipal Corporatic
rH@Lsw &@6!4AFA@nI fNC
I! Mayor
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(print name here) * ATTEST:
F&ZG/JK&7 ation of signatory)
x 6. >. BpRdA
.~ , ~ ALETHA L. RAUTENKRAI City Clerk
(print name here)
.Gz~H"fB& Y -c
(title and orgiafiization of signatory)
(Proper notarial acknowledgement of execution by APPLICANT m attached)
(President or vice-president and.secretary or assistant sec: must sign for corporations. If only one officer signs corporation must attach a resolution certified by the secret' assistant secretary under corporate seal empowering that offi bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL Acting City Attorney
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By : Da 62.L
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