Exhibit 1RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT OF PARKS ANDRECREATION AND THE CITY OF CARLSBAD FOR THE MAINTENANCE, RESTORATION AND UPKEEP OF THE TAMARACK UPPER PICNIC FACILITIES AND BLUFF AT CARLSBAD STATE BEACHWHEREAS, the City Council of the City of Carlsbad has determined that it is beneficial to improve and maintain the Tamarack upper picnic facilities and bluff at Carlsbad State Beach; andWHEREAS, on May 20, 2014, the City of Carlsbad entered into an initial Right of Entry Permit with the State of California Department of Parks & Recreation, or State Parks, to improve and maintain the Tamarack upper picnic facilities and bluff at Carlsbad State Beach for a term of one year; and WHEREAS, the intent of the permit was to provide enhanced coastal experiences for residents, business owners and visitors of the City of Carlsbad; and WHEREAS, along with entering into the Right of Entry Permit, on May 20,2014, the City Council appropriated $899,830 in corresponding one-time improvements for this area and $115,000 per year in corresponding ongoing maintenance (Resolution Nos. 2014-099, 2014-100 and 2014-101); andWHEREAS, based on the successful results during the first year, the city and state have entered into annual permits for the past 11 years; and WHEREAS, staff are recommending authorizing the execution of a five-plus year joint powers agreement with State Parks, in place of the annual right of entry permit for this area. The proposed joint powers agreement includes similar terms and conditions to the existing right of entry permit; and WHEREAS, the City Council previously directed staff to seek a long-term agreement with State Parks that would allow for the continuation of the services identified in the annual right of entry permit, as well as the potential for expanding maintenance and operations services to other state-owned properties within the city; and WHEREAS, staff were able to negotiate the proposed joint powers agreement for the services identified in the annual right of entry permit, but were unable to obtain State Parks’ approval for expanding maintenance and operations services to other state-owned properties within the city; andWHEREAS, the joint powers agreement allows the city to improve, develop, repair and maintain this area, at the city’s cost, on behalf of State Parks; and Sept. 23, 2025Item #8 Page 4 of 102 WHEREAS, the joint powers agreement expires on Feb. 9, 2031, which coincides with the expiration date of the existing 20-year operating agreement for the Ocean Street Sculpture Park; and WHEREAS, sufficient funds for ongoing maintenance of this area are available in the adopted fiscal year 2025-26 Parks Maintenance Operating Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:1. That the above recitations are true and correct.2. That the proposed action is not a “project” as defined by CEQA Section 21065 and CEQAGuidelines Section 15378(a) and does not require environmental review under CEQAGuidelines Section 15060(c)(2) because the action is limited to the execution of a jointpowers agreement for the maintenance, restoration and upkeep of the Tamarack UpperPicnic Facilities and Bluff at Carlsbad State Beach. The action has no potential to causeeither a direct physical change in the environment or a reasonably foreseeable indirectphysical change in the environment.3. That the City Council authorizes and directs the Mayor to execute a joint powersagreement (Attachment A) with State Parks for the maintenance, restoration andupkeep of the Tamarack upper picnic facilities and bluff at Carlsbad State Beach.PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2025, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: ______________________________________KEITH BLACKBURN, Mayor ______________________________________SHERRY FREISINGER, City Clerk (SEAL)Sept. 23, 2025Item #8 Page 5 of 102
Docusign Envelope ID: EA98B866-9D6F-4818-8E24-0080C9B3A83F Docusign Envelope ID: EA98B866-9D6F-4818-8E24-0080C9B3A83F 12/4/2025
DirectorArmando Quintero
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Director
Docusign Envelope ID: EA98B866-9D6F-4818-8E24-0080C9B3A83F Joint Powers Agreement P23OA005
37 EXHIBIT B - 2011 OPERATING AGREEMENTSee attached EXHIBIT C - OCTOBER 30,1986 EASEMENT See attached EXHIBIT D - APRIL 8, 1993 EASEMENT See attached Sept. 23, 2025Item #8 Page 44 of 102
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Joint Powers Agreement P23OA005
38 EXHIBIT E - LICENSE/PERMISSION FOR USE OF TRADEMARKState of California – Natural ResourcesAgency DEPARTMENT OF PARKS AND RECREATIONREQUESTER NAME City of Carlsbad hereafter called the "Licensee." Subject to the terms and conditions of this Agreement, the California Department of Parks and Recreation (the "Department") grants permission to use certain trademarks (the "Mark(s)"), created and owned by the Department, in accordance with the terms and conditions of this License, identified as follows: California State Parks logo USPTO Reg. No. 2437051 See Attachment "E1" for additional provisions regarding use of the Mark(s), including specifications, registration, and logo usage guidelines. Department hereby grants to the Licensee the non-exclusive, non-transferable, non-sublicenseable right and license to use the Mark(s) pursuant to the terms and conditions of this License from and including from the date this license is signed by both parties, not to exceed the duration of the Joint Powers Agreement between the Department and Licensee (P23OA005). This License shall automatically terminate upon early termination of said Agreement The Department shall retain all right, title and interest in and to the Mark(s) provided hereunder. This License shall authorize the use of the Mark(s) and associated goodwill, in connection with the followingonly: Authorized activities and/or programs associated with the efforts of Licensee to perform pursuant to the terms and conditions of the Joint Powers of Authority Agreement P23OA005 between the parties, dated concurrently herewith. Any additional use shall require written permission and/or the payment of fees. This permission is non-transferable and non- sublicenseable. This is not an exclusive privilege to Licensee, and the Department reserves the right to make the Mark(s) available to others. Licensee shall not modify or alter the Mark(s) in any way without prior written approval from the Department. All uses of the federally registered Mark(s), including the California State Parks logo, must be accompanied by the federally registered trademark symbol “®”. All uses of the remaining licensed Mark(s) must be accompanied by the trademark symbol “TM” until such time that Licensee is notified by the Department that the federal registration symbol “®” should be used. IN NO EVENT SHALL THE DEPARTMENT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS LICENSE. THE DEPARTMENT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. PERMISSION TO USE THE MARK(S) IS GRANTED "AS IS." Licensee agrees to indemnify, protect, hold harmless, and defend the Department from and against any liability that might arise from any and all use of the Mark(s) by Licensee, its licensees, successors or assigns. Licensee agrees to pay the Department, upon acceptance of this License, all expenses as follows: No additional expenses. Goodwill and Quality Control A. Licensee recognizes the great value and goodwill associated with the Mark(s) and acknowledges that such goodwill belongs to the Department. Licensee further acknowledges that the Mark(s) have acquired a secondary meaning among the public. Licensee agrees not to take any action that could be detrimental to the goodwill associated with the Mark(s) or to the Department. B.Before Licensee uses the Mark(s) on any materials, it shall send a copy of each representative item showing the proposed use to, and obtain written approval from the Department. The Department shall have the right to approve the quality of any reproduction of Mark(s) as well as the conjoining of the Mark(s) with any event, cause or third party. C.Licensee agrees to inspect and approve its own sponsored uses of the Mark(s) to ensure quality consistent with the goodwill represented by the Mark(s). Third Party Infringement The Department, at its sole discretion, shall take whatever action it deems advisable in connection with any unauthorized use of the Mark(s) by a third party. The Department shall bear the entire cost and expense associated with any such action, and any recovery or compensation that may be awarded or otherwise obtained as a result of any such action shall belong to the Department. The provisions above constitute page 1 of 2 of this agreement. Page 2 must be initialed by both parties for this agreement to be valid.
AGREED AND ACCEPTEDState of CaliforniaDepartment of Parks and Recreation LICENSEE City of Carlsbad BY DATE BY DATEPRINTED NAME OF PERSON SIGNINGArmando QuinteroPRINTED NAME AND TITLE OF PERSON SIGNING TITLE DirectorDISTRICT/SECTION ADDRESS Sept. 23, 2025Item #8 Page 97 of 102 Joint Powers Agreement P23OA005
39 PHONE NO. EMAIL PHONE NO. EMAILEXHIBIT E - LICENSE/PERMISSION FOR USE OF TRADEMARKStateof California – Natural ResourcesAgencyDEPARTMENT OF PARKS AND RECREATION Sept. 23, 2025Item #8 Page 98 of 102
Joint Powers Agreement P23OA005
40 The provisions below constitute page 2 of 2 of this agreement. This page must be initialed by both parties for this agreement to be valid. Ownership Rights Licensee acknowledges the Department's exclusive right, titles and interest in and to the Mark(s). Licensee further covenants that it shall not at any time challenge or contest the validity, ownership, title and registration of the Department in and to the intellectual property or the validity of this License. Licensee’s use of the Mark(s) shall inure to the benefit of the Department. If Licensee acquires any trade rights, trademarks, equities, titles, or other rights in and to the Mark(s), by operation of law, usage, or otherwise, Licensee shall, upon the expiration of this License, assign and transfer the same to the Department without any consideration other than the consideration of the License. All rights not specifically transferred by this License are reserved to the Department. Termination A.The Department shall have the right to terminate the License without cause upon thirty (60) days notice, whereupon all rights granted herein shall revert immediately to the Department. B. Upon early termination by the Department or by expiration of the License, the License shall terminate, Licensee’s rights shall cease immediately and Licensee shall discontinue all use of the Mark(s) and/or other licensed property at once. Licensee shall dispose of all goods, works and materials bearing or relating to the Mark(s) in accordance with the Department's instructions and consistent with the terms and conditions of the Cooperating Association Agreement. No Partnership or Agency Created Nothing herein shall be construed to constitute the parties hereto as partners or joint venturers, nor shall any similar relationship be deemed to exist between them. Further, nothing in this License shall make one party the agent of the other, and neither party has power or authority to bind the other. Applicable Law This License shall be construed in accordance with the laws of the State of California; Licensee consents to jurisdiction of the courts of Sacramento, California. Integration This License, Attachment “E1” hereto and the Cooperating Association Agreement referenced herein constitute the entire agreement between the parties hereto with respect to the matters covered herein and shall not be modified, amended, or changed in any way except by written agreement signed by both parties hereto. This License shall be binding upon and shall inure to the benefit of the parties, their successors, and assigns. Notices All notices and reports to be sent to the Department shall be in writing and shall be mailed or delivered to California Department of Parks and Recreation, Partnerships Division, PO Box 942896, Sacramento CA 94296-0001. All notices to be sent to Licensee shall be mailed or delivered to the address specified on the first page of the License form. All notices and reports shall be deemed delivered immediately upon personal delivery, or, if mailed, three (3) days after being deposited in the United States mail system, postage prepaid, first class mail, and properly addressed. The Department and Licensee shall provide notice to the other of any change in address. Modifications This License may not be modified except by a written instrument, signed by both parties, making specific reference to this License by date, parties and subject matter. Severability The invalidity or unenforceability of any provision of this License, or the invalidity or unenforceability of any provision of this License as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any of the other provisions of this License or any other applications of such provisions, as the case may be. Attorney’s Fees If litigation becomes necessary to secure compliance with the terms and conditions of this License, to recover damages and/or to terminate the License, the prevailing party in any legal action shall be entitled to recover reasonable attorney fees and expenses incurred.AGREED AND ACCEPTEDLICENSOR'S INITIALS DATE LICENSEE'SINITIALS DATE Sept. 23, 2025Item #8 Page 99 of 102 Joint Powers Agreement P23OA005
41 EXHIBIT E – ATTACHMENT 1Logo Use by External Entities Use of the logo is restricted to Department publications and activities, unless the Department allows otherwise. Use of the logo by external entities must not be allowed unless any association created through use of the logo is consistent with promoting the goodwill of the Department and the Department’s goals. Logo use by external entities must be documented with specific licensing language, signed by both parties, either as part of a contract or as a stand-alone licensing agreement. When the Department allows the logo to be used by an external entity on material not copyrighted to the Department, the following policies apply: • A written license agreement must be executed by the Department and the third party entity, confirming the terms and conditions of use. This may be incorporated into an existing agreement (e.g., a cooperating association contract, concession contract, or donor agreement) or may be crafted as a separate license agreement. Separate license agreements must be approved by the Interpretation and Education Division. • The logo may not be the most prominent design element (unless the license agreement states otherwise, such as when the logo is used on uniforms and merchandise). • The logo may not be used in a manner that implies editorial content has been authored by or represents the views or opinions of the Department. • The logo may not be used in any venue that displays adult content, promotes gambling, involves the sale of tobacco or alcohol, or otherwise violates applicable law. • The logo may not be used in a manner that is determined by the Department in its sole discretion to be misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable. • For each specific use of the trademark (except in the cases of use by cooperating associations and concessionaires), advance approval must be obtained from the Chief of the Interpretation and Education Division, or the Director. .Visual Display of the Logo Unless otherwise authorized by the Chief of the Interpretation and Education Division, use the logo only as represented in these Guidelines. Registration Symbol • Because the logo is a trademark registered with the U.S. Patent and Trademark Office, the registration symbol ® must be used in connection with each use of the logo, unless it is infeasible from a design or fabrication standpoint (such as for patches or decals). Logo Components Sept. 23, 2025Item #8 Page 100 of 102 Joint Powers Agreement P23OA005
42 • Do not alter the logo components or use the components of the logo separately. For instance, the bear cannot be used alone or replaced with another element and/or the lettering cannot be used without the bear or replaced with different words. • The font used for the text in the logo is Lithos. The text in the logo has been converted so that users do not need to have this font loaded on their computers in order to reproduce the logo.Colors • It is best to reproduce the logo using the Pantone (PMS) colors shown below. When reproducing these colors in full-color process inks (CMYK), or on screen (RGB), the screen tints listed below should be used. The following Pantone colors are used in the design of the logo: PMS 123-Yellow, PMS 281-Blue, PMS 364-Green, PMS 490-Brown, PMS 4715 Brown (outline). The yellow background is a gradation of PMS 123. No other colors may be used in the four-color version of the logo. PMS 123-Yellow CMYK: C-0, M-21, Y-88, K-0 RGB: R-253, G-200, B-47 PMS 281-Blue CMYK: C-100, M-85, Y-5, K-20 RGB: R-0, G-38, B-100 PMS 364-Green CMYK: C-73, M-9, Y-94, K-39 RGB: R-66, G-119, B-48 PMS 490-Brown CMYK: C-29, M-85, Y-54, K-72 RGB: R-91, G-43, B-47 PMS 4715-Brown CMYK: C-13, M-47, Y-43, K-38 RGB: R-150, G-109, B-91 • Do not convert the four-color logo to grayscale. Instead use the black-and-white version of the logo. • Do not copy the four-color logo on a black ink photocopier (except in the case of providing printouts of presentations that use the logo). Instead the black-and-white version of the logo should be used. • The logo, in both four-color and black-and-white, may be used on colored paper and fabric. • When printing in one or two colors, use the black-and-white version of the logo in a color being used for printing. When printing in two colors, the logo should be printed in the darker of the two colors. • When embroidering the logo or screening it onto fabric, use the four-color version of the logo or reproduce the logo in any single color. Do not reproduce the logo in any two- or three-color combinations. Appearance • The logo must always appear clear and crisp. In order to meet this requirement, it should be printed at a minimum of 300 DPI. • Do not tilt, skew, or distort the logo. • In order to maintain clarity, do not use the logo at a size smaller than 5/8” in diameter. Sept. 23, 2025Item #8 Page 101 of 102 Joint Powers Agreement P23OA005
43 • Reproduce the logo only from camera-ready proofs or electronic printing files. Do not redraw or trace the logo. • Do not download and use the logo from the Department’s web site. It is not suitable due to its low resolution. Placement • Do not crop, overprint, screen or superimpose the logo or print it behind art or copy. • To make sure the logo stands out clearly, it must be placed within an area of unobstructed space. This also applies to the placement of the logo relative to the edge of a page or screen. There are two ways to determine the clear zone around the logo: 1. The space must be the height of the letter “I” in the word “CALIFORNIA” in the logo. 2. The space must be approximately 1/8 of the width of the logo. For example, if the logo is 2 inches across, then the clear zone would measure 1/4 of an inch.
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