HomeMy WebLinkAbout1970-04-07; City Council; Resolution 1711E
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RESOLUTION NO. 171 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE A COOPERATIVE AGREEMENT FOR
CHESTNUT AVENUE UNDERCROSSING.
The City Council of the City of Carlsbad does hereby resolve
s follows:
1. That the Mayor of the City of Carlsbad is hereby authorized
and directed to execute on behalf of the City of Carlsbad
that certain Cooperative Agreement for Chestnut Avenue
Undercrossing, a copy of which is attached hereto and by
this reference incorporated herein.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
>unci1 of the City of Carlsbad, California, held April 7, 1970
the following vote, to wit:
AYES: Mayor Dunne, Councilmen McComas, Neiswender, Jardine &
NOES: None
Cas tro.
ABSENT: None
'TEST :
City of Carlsbad, California
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Chestnut Ave. U. C.
Dist .Agree .#11-0061
- '$HIS AGREEMENT, MADE AM) ENTERED INTO TICS
DAY QF , 1970,
BY AND BETWEEN
CITY OF CARESBAD, a body politic and a municipal corporation of the State of California, herein- after referred to as "CITY"
AND
STATE OF CALIFORNIA, acting by and through its Business and Transportation Agency, Depart- ment of Public Works, Division of Highways, hereinafter referred to as YSTATE*~
WITNESSETH
WPIEREAS, STATE contemplates widening Interstate Route 5
Freeway by construction contract from four lanes to eight lanes
between 0.5 mile south of Cannon Road and Buena Vista Creek
Bridge, and
WHEREAS, no Undercrossing of the existing four-lane
freeway is provided for at Chestnu%.Avenue, and
WHEREAS, Chestnut Avenue is included in CITY'S Select
System and is planned as a major East-West arterial to link the
portions of the City bisected by the freeway, and
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WHEREAS, current rapid population growth and industrial
development indicate a need to provide an Undercrossing at this
%be, and
WHERFAS, CITY has formally reuuested STATE by resolu-
tion Number 1564 dated October 16, 1969, to construct said Under-
crossing and has indicated a willingness to participate in the
CQSt, and
WHEREAS, it is economically advantageous to construct
said Undercrossing In conjunction with STATE’S contemplated
widening project, and
WMEREAS, CITY and STATE will mutuafly benefit from
uproved traffic flow and relief of congestion at the adjacent-
Ineerchanges at Tamarack Avenue to the South and at Elm Avenue
to the North, and
WH-AS, CITY and STATE do mutually desire to cooperate
in construction of the aforesaid Undercrossing and desire to
specify herein the terms and conditions under which said Under-
crossing shall be constructed, financed and maintained;
NOW, THEREFORE, in consideration of the covenants and
conditions herein contained, the parties hereto agree as follows:
SECTION I
STATE AGREES:
1, To include construction of an Undercrossing at
Chestnut Avenue in STATE’S contract for widening the portion of
Interstate Route 5 between 0.5 mile south of Cannon Road and
Buena Vista Creek Bridge.
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2, To construct the aforesaid Undercrossing to the
widths and strmctwal sections shown on Exhibit "A," dated
January 14, 1970, attached and by this reference made a part
of this Agreement,
3. To prepare plans and specifications For said
improvements m
4, To bear the entire cost of preparing said plans
and specifications except for any preliminary engineering
furnished directly by CITY.
50 To bear all constnktion costs and construction
engineering costs, except as hereinafter provided in Section 11.
SECTION I1
CIm AGREES:
1. Upon award by STATE of a construction contract
for widening the aforementioned portion of Interstate Route 5,
to reimburse STATE upon receipt of billing therefor, 8 lump /
sum amount of $8,000.00. Said figure represents the estimated
total cost that CIm would have Incurred In constructing
Chestnut Avenue across the freeway right of way if the freeway
did not exist. The amount of $8,000.00, represents CITYrS
entire financial obligation pursuant to thls Agreement.
2. To accept full control and maintenance of all
improvements constructed outside of' STATEDS freeway right of
way pursuant to this Agreement, Delegatlon of maintenance of
facilities within said State Highway right of way will be
covered in a subsequent Maintenance Agreenent.
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IT IS MUTUALLY UNDEXSTOOD AND AGREED:
1, That obligations of STATE under terms of this
Agreement are subject to the allocation of mnds by *he
California Highway Commission. .
2, Tha% neither STATE nor any officer or employee
thepeof shall be responsible for any damage or liability
occurring by reason of anything done-or omitted to be done by
CITY under OF in connection with any work, authority or Juris-
dIction.delegated to CITY under this Agreement.
understood and agreed that, pursuant to Government Code
Section 895.4, CXTY shall fully indemnify and hold STATE harm-
less from any liability imposed for injury (as defined by
.Government Code Section 810.8) occurring by reason of anything
clone or omitted to be done by CITY under or In connection with
any work, authority or jurisdiction delegated to CITY under?
It is also
'this Agreement.
Se That neither CITY nor any officer or employee
thereof, is responsible for any damage or liability occurring
by reason of anything done or omitted to be done by STATE under
or in connection with any work, authority or jurisdiction not
delegated to CITY under this Agreement.
and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully indemnify and hold CITY harmless from any
liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done or omitted
to be done by STATE under or in connection with any work,
Tt is also understood
authority
Agreement.
OF jurisdiction not delegated to CITY under
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4. That, should any portion of the project be
ced wfth Federal Funds or State gas tax funds, all appli- If Ptan
procedures and policies relating to the use of such funds
sh&l apply notwithstanding other provisions of this Agreement.
IN WI9VESS WHEREOF, the parties hereto have caused
. this Agreement to be executed by their respective officers,
duly authorized, the provisions of which Agreement are effective
as of the day, month and year first hereinabove written.
STATE OF CALIFORNIA , Department of Public Works Rivision of Highways
9. A. LEGARRA Mayor State Highway Engineer Attest:
City Clerk
District Engineer Approved as to Form and Procedure:
City Attorney
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