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HomeMy WebLinkAbout1976-08-17; City Council; Resolution 39971 6 7 8 L/ RESOLUTION NO. 3997 I The Ci-ty Council of the City of Carlsbad, California, does hereby resolve as follows : 1. That that certain agreement between the City of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- ME:YT BETWEEN THE CITY OF CARLSBAD AND THE SAIV DIEGO GAS & ELECTRIC COMPANY PROVIDING FO3 CARLSBAD BOULEVARD IMPROVEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREE- MENT. - 19 2o I I I Carlsbad and the San Diego Gas & Electric Company, providing for 21 22 23 I construction of improvements to Carlsbad Boulevard, a copy of which 1 is attached hereto marked Exhibit "A" and made a part hereof, is l1 II hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized arid 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 17th day of August , 1976 by the following vote, to wit: AYES : NOES : None ABSENT: Councilman Packard ABSTAINED: Councilman Frazef Councilmen Lewis, Skotnicki and Councilwoman Casle ROBERT- C . FRAZEE , Mayor 0 ---- 25 26 - AGREEMENT FOR CARLSBAD BOULEVARD IMPROVEMENTS This agreement .is made this 17thday of August , 1976, by and between the City of Carlsbad, a municipal corporation of the State of California, hereinafter referred to as.."City" and the San Diego Gas & Electric Company, a California corporation, hereinafter referred to as "SDG&E". WITNESSETH WHEREAS, in 1971 SDG&E applied to the City for specific plan approval for certain public utility operations in the City of Carlsbad; and WHEREAS, as a ccndition of approval of said application, SDG&E was required by Section 2, Condition 13(A) of City Council Ordinance No. 9279 to construct street improvements, including curb, gutter,.sidewalk, street- lights and twenty feet of paving along each side of SDG&E's property which has frontage on Carlsbad Boulevard; except public beaches and property dedicated for public parks. potential public beaches are identified in Exhibit A, attached hereto and made a part hereof. Portions of SDG&E property constituting WHEREAS, City and SDG&E have reached agreement regarding the provisions for the construction of such improvements and the satisfaction of SDG&E's obligations in that r2gard; NOW, THEREFORE, the parties hereto agree as follows: 1. SDG&E agrees to install high pressure sodium vapor streetlights to City of Carlsbad specifications on three hundred foot centers along the entire frontage of SDG&E property along Carlsbad Boulevard, which for purposes of this section shall include the Cannon Park and'Public SDG&E's LS2 charge rate shall be utilized. SDG&E agrees Beach properti es . to commence the installation of all required lights within ninety days after written notice requiring the construction is mailed by City to SDG&E, responsible for paying all costs of installation of the streetlights re- SDG&E shall be quired by this sectijm which shall be in addition to their obligations pursuant to Section 4 of this agreement, 2. City has plmned a major improvement project for Carlsbad Boulevard between it:; intersections with Cannon Road and Tamarack Avenue, which includes all portions of SDG&E's property subject to the improvement obligations of Ordiniince No. 3279. This project will include the recon- struction of the Car'lsbad Boulevard bridge over the Agua Hedionda Lagoon Channel. City and SIlG&E agreed it is to their mutual benefit to combine and integrate Cjty's improvewnt project with the construction by Sr)G&E I of the improvement iti satisfaction of their ob1 igation. The combination of the various constructions necessary will result in ,a net reduction of the construction costs for which each party would be individually responsible and, in addition, SDG&E will benefit from the expenditures to be made by City in conjunction with the project. * 3. In order to accomplish the integration of SDG&E's imptovements with the City's improvement project, it is necessary to design the project as a whole and to accompl'ish the work at the same time utilizing a single con- tracting authority. The parties hereto estimate there are approximately seven thousand feet of property owned by SDG&E with frontage on Carlsbad Boulevard which is.subject to the improvement obligation. Until final 2. design of the projec:t is complete, it is not possible to determine the exact nature of the improvements to be constructed at any point on that frontage. requirements of Ordinance No. 9279 or portions may have less than the list of improvements indicated therein consistent with the overall design of the project to be approved by City. Portions of SDG&E's property may be improved in excess of the 4. SDG&E and City agree that the sum of $231,200 is a fair estimate 4 and approximation of the total cost of SDG&E's obligation for public improvements pursuant to Ordinance No. 9279. City agrees to acc.ept, said sum of $231,200 in full satisfaction of SDG&E's SDG&E agrees to pay, and the obligation to construct such improvements. Upon deposit by SDG&E of the $231,200, and the City's acceptance thereof, SDG&E will be relieved of all .further obligations in regard to Section 2, Condition 13(A) of Ordinance No, 9279, except as provided in Sections 1 and 8 of this agreement. 5. SDG&E agrees t:, dcposft the sum of $231,209 with the City of Carlsbad immediately upon receipt of a written .demand therefor from the City. SDG&E retains the right, on or after July 1, 1976, to tender the money to City in full satisfaction of their obligations hereunder. The City may make such demand at any time on or after July 1, 1976. Commencing on July l9 1976, SDG&E agrees to pay to City, in addition to the sum of $231,200, interest at the rate of 8% per year, compounded daily, obligation to pay interest shall terminate upon deposit of the $231,200, plus accrued interest, if any, to the payment date. SDG&E's 6. City agrees to utilize all monies paid by SDG&E pursuant to this agreement for the costs of the integrated improvement project for Carlsbad Boulevard between its intersections with Cannon Road and Tamarack Avenue. The funds will be used as a portion of the payment for the entire project costs. 3. The exact nature and extent of the public improvements to be constructed at any particular point on Carlsbad Boulevard may vary in the City's sole discretion. City agrees to consult with SDG&E regarding the improvements to be constructed prior to the invitation for bids for the project. 7. The parties hereto understand that the integrated project contemplated by thi: agreement is dependent for a significant portion of its funding on grants from other governmental entities. Notwithstanding f. 3 the provisions of Section 6, in the event City determines all or any portion of such grants will not be forthcoming as anticipated by City, or City otherwise determines not to proceed with such'project, the funds deposited 5y SDG&E in accord with this agreement may be used by City for improvements to Carlsbad Boulevard between its. intersectjon with Cannon Road and Tamarack Avenue. at any particular point on Carlsbad Boulevard may vary in the City's sole discretion. to this section and to consult with SDG&E regarding the improvements to be The exact nature and extent of such improvements- to be constructed City agrees to notify SDG&E of its election to proceed pursuant constructed prior to the invitations for bids for such improvements. 8. Portions of SDG&E's property are identified on Exhibit A as The parties agree that the sum of $42,344 potential public beaches. is a fair estimate and approximation of the total cost of SDG&E's obligation for public improvements pursuant to Ordinance No, 9279 for such property. SDG&E agrees to pay, and City agrees to accept, said sum of $42,344 in full satisfaction of SDG&E's obligation to construct such improvements. Upon deposit by SDG&E of the $42,344, and the City's acceptance thereof, SDG&E will be relieved of all further obligations in regard to Section 2, Condition 13(A) of Ordinance No. 9279 in regards to such property, except as provided in Section 1 of this agreement. SDG&E's obligations, pursuant to this 4. section, shall be in addition to their obligations under Sections 1 and 4 of this agreement. $231,200 payment sha.11 also apply to the $42,344 payment required by this section of the agreement. All provisions of this agreement applicable to the Ordinance No. 51279 exempts public beaches "from the pub1 ic improvement requirement. beaches become in fact public beaches as hereinafter provided, SDG&E shall If the properties identified on Exhibit A as potential public be-relieved of all further obligations under this section and any money deposited by SDG&E pursuant to this section shall be returned by City. The parties agree that the properties will become public beaches upon the grant by SDG&E of an easement for the public recreational use of the property to the State of Callfornia under .terms and conditions acceptable to City, or upon the grant by SDG&E of the property, or an interest in the property, to City for public recreational use under terms and conditions acceptable to City. the grants referred to herein must be accomplished and be of record prior to the approval by {City of plans and specifications for the construction In order to lie relieved of their obligations under this section, of the improvement to Carlsbad Boulevard contemplated by this agreement. City agrees to notify SDG&E sixty days in advance of the date for submittal of the plans and specifications to the City Council for approval. 9. Notices to be given from or to either party may be addressed as fol 1 ows : a. SDG&E at 101 Ash Street, San Diego, Ca, 92101 b, City at 1200 Elm Avenue, Carlsbad, Ca. 92008 Notices shall be deemed given hereunder when placed by either party in the United States mail, postage prepaid, certified and properly addressed to 5. the other. IN WITNESS WHEREOF, the parties have individually executed and caused this agreement to be executed for and on behalf of each by their respective officers or agents iis of the day and year first ab0v.e written. ATTEST : SAN DIEGO GAS & ELECTRIC COMPANY A California Corporation CITY OF CARLSBAD, A MUNICIPAL Corporation of the State of California B ATTEST: APPROVED AS TO FORM: ,c ,i VINCENT F. BIONDO, JR, L,' City Attorney b' 6. 4 NO SCALE the other. IN WITNESS WHEREOF, the parties have individually executed and caused this agreement to be executed for and on behalf of each by their respective officers or agents as of the day and year first above written. , SAN DIEGO GAS & ELECTRIC COMPANY A California Corporation CITY OF CARLSBAD, A MUNICIPAL Corporation of the State of California BY ROBERT C. FRAZEE, Mayor 0 AT[ EST : .- ._ - -. - ._ __ . APPROVED AS TO FORM: 7 7. City Attorney 6.