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HomeMy WebLinkAbout1972-11-21; City Council; Resolution 30221 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 32 Th R ESOLUT ION NO. 3022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING EXECUTION OF AN AGREEMENT WITH DIVISION OF HIGHWAYS TO FURNISH WATER FOR FREEWAY LANDSCAP I NG. City Council of the City of Carlsbad resolves as f llows: The California Division of Highways maintains the Interstate 5 Freeway from Palomar Airport Road to Buena Vista Lagoon and wishes to landscape said freeway. The City is required to participate in the project by furnishing the necessary water services. It is desirable and necessary that the City enter into an Agreement to provide water service as required by the Division of Highways, and the Mayor of the City of Carlsbad is authorized to execute said agreement with the California in the form attached, and incorporated Exhibit "A". ADOPTED by the City Council of the Division of Highways, in this Resolution as PASSED, APPROVED, AND City of Carlsbad at a regu November , 1972, by the AYES : Councilmen Dunne, NOES : None ABSENT: None ar meeting held 21st day of following vote, to wit: McComas, Lewis, Chase and Frazee Mayor ATTEST: MARGAMT E. ADAMS City Clerk EXH I B IT llBir 11-SD-5 47-2-50 -9 11255-120721 DISTRICT AGREEMENT NO. 11-8075 THIS AGREEMENT, MADE AND ENTERED INTO THIS 21ST DAY OF NOVEElBER I 1972, BY AND BETWEEN CITY OF CARLSBAD a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY" STATE OF CALIFORNIA acting by and through its Business and Transportation Agency, Department,& Public Works, Division of Highways, hereinafter referred to as STATE 'I WITNESSETH: - WHEREASp CITY has requested STATE to expedite a highway plantfag project on Interstate Route 5 within the city limits of Caxlsbad, and WHEREAS, said highway planting will be entirely within STATE'S ~ right of way, and WHEREAS, CITY desires to participate in said project to the extent of furnishing water meters at no cost to STATE;-and supply- ing water at CITY'S cost, and a CVU ID IT IlA 11 * .I c. . ., i WHEREAS, STATE and CITY will mutually benefit from the aforesaid planting and desire to specify herein terms and conditions and arrange for maintenance of the project; 9 L. NO??, THEREFORE, IT IS AGREED AS FOLLOWS: .. .., . - ' -., . ._ .. _- - ~ SECTION I . '? STATE; AGliEES: 1. costs of preliminary and construction ,- 2. said planting project on Interstate Route 5 within said STATE'S highway right of way. 3, irrigation system and fixtures, except water line connecthn charges, meters and meter installation costs as provided in To prepare the plans and specifications and to bear all the engineering. To cause to be constructed under STATE'S contract the afore- To beav the cost of all items of work including planting, - Section I1 of this Agreement. ' 4. To pay CITY for supplying water to the aforementioned plant- ing'project at the $hOlkpale cost to the elTV. 5, To maintain the completed planting and irrigation facilities within said STATE'S highway wight of way. 6. approval prior to construction. To submit plans and specifications to CITY for review and SECTION I1 ClTY AGREES: .. 1. for fhe irrigation systems required for said highway planting project, at locations shown on Exhibit "Ai' dated August 25, 3.972, attached, and by this reference made a part of this Agreement. To provide sources of water to STATE'S highway right of way, d 2. To install two-inch water meters at locations shown on * Exhibit "A". Meters shall be furnished and installed by CITY at no cost to STATE. 3. than 384 acre feet per year to STATE for the planted areas, at CITY'S cost, 4. To waive water line connection charges. b To furnish water in perpetuity at a minimum rate of no less 5. To supply water at the minimum pressures as indicated at the meter locations shown on Exhibit "A". 6. meters and the necessary water line connections no later than December 29, 1972. To complete the installation of the aforesaid two-inch water SECTION 111 IT IS PWTUALLY UNDERSTOOD AND AGREED: That obligations of STATE under tens of this Agreement axe subject to the allocation of funds by the California Highway Commission. 8. c1 .. That neither STATE nor any officer or employee thereof shall be > responsible for any damage or liability occurring by reason of anything done or omitted' to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as de- fined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement, -. (c' : 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 con- * L. nection with any work, authority or jurisdiction not delegated . to CITY under this Agreement, 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 It is also understood and agreed 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. That, should any portion of the project be Einanced with Federal Funds or State Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwith- standing other provisions of this Agreement. - <. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effecthe as of the day, month and year first hereinabove written. STATE OF CALIFORNIA CITY OF CARLSBAD Department of Public Works Division of Highways R. J. DATEL a -- EXHIBIT I .I . -_ .- I. - 3 AUG 2 5 1972 r. I.