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HomeMy WebLinkAbout1981-05-19; City Council; Resolution 65371 2 3 4 5 E 7 E s 1c 11 1; 1: 14 If 1t 1' 11 l! 2( 2: 2: 2: 24 2: 2( 2' 2; RESOLLITI3N NS. 6537 A RESOLUTION OF THE CITY CGUNCIL SF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEHENT BETWEEN THE CITY AND CARLSBAD COMFlERCIAL CENTER AND AUTHORIZING THK CITY FINACER - TO SIGN THE AGREEMENT ON BEHALF OF THE CITY. WHEREAS, the City Engineer of the City of Carlsbad has determined it is iecessary for the developer of CT 80-15(A), Carlsbad Commercial Center, to install a stwm drain pipe line across the AT&SF Railway right-of-way for the purpose of conducting drainage away from the above mentioned subdivision jevel opment; and !dHEREAS, this 5toi-m draiii pipe line will, upon completion of its con- struction, be accepted for maintenance by the City of Carlsbad; and HHEREAS, the City of Carlsbad must enter into a Pipe Line License Agreement with the AT&SF Railway Company as ii condition precedent to their allowing the construction of this storm drain pipe line across their right-of- way; and WHEREAS, the City requires that the developer enter into an agreement whereby they agree to pay all fees involved in obtaining the license agreement and obtain all the necessary insurance in satisfactioz of the license agreement and hold the City harnless from any liability resulting from their entering into the above mentioned license agreement; and WHEREAS, plans for the construction of thjs storm drain pipe line have been approved by the City Engineer and are on file with the Engineering Depart- ment; NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad as follows: 1. 2. The above recitations are tri;e and correct. Agreement between Carl sbad Commercia: Center and the City, attached hereto and made a part hereof, is hereby approved. 1 2 3 4 5 6 7 e 9 IC 11 12 12 14 1: If 1: 1t 1: 2( 2: 2; 2: 24 21 2( 2' 2i 3. The City Mznager is hereby authorized to sign the Agreement mentiorred above on behalf of the City. PASSED, P,PPROVED AND ADOPTED by the City Cou~cif of the City of Carlsbad it a regular meeting held the Lcday of a 1981 by the following :ate, to wit: AYES: Council Wers Packard, Casler, hear, Kulchin NOES: None ABSENT: Council Phrber Lewis 4TTEST : l2J?&&+ d. 6?+ ALETHA L, RAUTENKRqNZ, City C erk ) (SEAL) \ 39 " t 3 0 AGREEMENT BETWEEN CITY OF CARLSBAD AND CARLSBAD COMMERCIAL CENTER FOR THE INSTALLATION OF A STORM DRAIN ACROSS AT & SF RAILWAY RIGHT-OF-WAY This agreement is entered into this /qd day of s&+)/ 1981 between City of Carlsbad, a Municipal Corporation (hereinafter called "City"), and Carlsbad Commercial Center, a general partnership (hereinafter called "Developer"). RECITALS 1, Developer is developing Carlsbad Tract 80-15(A) as approved by the City, 2. As a condition of approval of Carlsbad Tract 8015fA) Developer is required to install a storm drain from the project site, across the Atchison, Topeka and Santa Fe ("AT & SF") Railway right-of-way, to Cannon Lake ("the storm drain"), The storm drain is necessary to provide drainage for said tract. 3. For Developer to install the storm drain as required it is necessary for City to obtain from AT & SF Railway certain property rights, 4. AT & SF Railway will convey to City for the sum of $150.00 (One Hundred and Fifty Dollars), a license to install and maintain the storm drain across the AT & SF Railway right-of- way. The license is subject to certain terms and conditions. City is willing to accommodate Developer and -- accept the license provided Developer assumes the responsibility for said terms and conditions. 0 e -2 - 6. City will not accept the license or enter into a license agreement with AT & SF Railway unless Developer agrees to assume all City's obligations under such a license agreement and to indemnify and hold City harmless for any liability of the City under such license or license agreement, 7. Developer desires to assume Cityss obligations under such license or license agreement and to indemnity and hold City harmless from any liability arising because of such license or license agreement. Therefore, in consideration of the recitals and the mutual covenants contained herein City and Developer agree as follows: 1) City agrees to enter into that certain "Pipe Line License-' (BO-70015) between AT 6 SF Railway and City, a copy of which is attached hereto and made a part hereof (hereinafter called "License"). 2) Developer agrees to assume and hereby assumes all City's obligations, whether present OF future, including payment of any fees or charges including insurance, under said License. 3) Developer agrees to indemnify and hold harmless City for -3- CITY OF CARLSBAD Assist ant City At tc *- By : Fkank Aleshire City Manager CARLSBAD COMMERCIAL CENTER, A GENERAL PARTNERS- I On May 14, 1981, before me, the Unaersignd, a Fbtary Public in and for said State personally appared William A. Budge, known to ne to be a General Partner of Carlsbati Partners, a General Partnership, said Partnership being knam to me to be -era1 Partner of Carlsbad Comrcial Center Partners, the General Partnership that executed the within instrument and acknowledged to ne that he executed the sam as a General Partner of the Partnership first above named, and that said Partnership executed the same as General Partner of Carlsbad Camercial Center Partners, a General Partnership an6 that said last nd Partnership executed the sane. WTIWESS my hand and official. seal.