HomeMy WebLinkAbout1982-07-06; City Council; Resolution 6931xx
RESOLUTION NO. 6931
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN
THE CITY AND PAPAGAYO DEVELOPMENT AND AUTHORIZING
THE CITY MANAGER TO SIGN THE AGREEMENT ON BEHALF OF THE
CITY.
WHEREAS, the City Engineer of the City of Carlsbad has
determined it is necessary for the developer of CT 74-22,
Papagayo Development, to install a storm drain pipe line across
the AT&SF Railway right-of-way for the purpose of conducting
drainage away from the above mentioned subdivision development;
and
WHEREAS, the City of Carlsbad must enter into a Pipe Line
License Agreement with the AT&SF Railway Company as a condition
precedent to their allowing the construction of this storm drain
pipe line across their right-of-way; and
WHEREAS, the City required 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 satisfaction of the license agreement and hold the
City harmless from any liability resulting from their entering
into the above mentioned license agreement; and
WHEREAS, plans for the construction of this storm drain
pipe line have been approved by the City Engineer and are on file
with the Engineering Department;
NOW, THEREFORE, be it resolved by the City Council of the
City of Carlsbad as follows:
1. The above recitations are true and correct.
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2. Agreement between Allstate Savings & Loan Association
and the City, attached hereto and made a part hereof,
is hereby approved.
3. The City Manager is hereby authorized to sign the
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Agreement mentioned above on behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at a regular meeting held the 6th day of
July , 1982 by the following vote, to wit:
AYE s : Council Menibers Casler, Lewis, Kulchin and Anear
NOES: None
ABSENT : Council ?!der Chick
I MARY CAYLER, Mayor
ATTEST:
aQ;Qnh. R. ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
AGREEMENT BETWEEN CITY OF CARLSBAD AND CARLSBAI) COMMERCIAL CENTER FOi:
ACROSS ATGSF RAILWAY RIGHT-OF-WAY . THE INSTALLATIClN OF A STORM TiPilj:4
This agreement is entered into this 14th day of June ? --
1982 between City of Carlsbad, a Municipal Corporation (hereinafter called
"Ci ty") , and SLSTATE SAVINGS 6( LOAN ASSOCIATION, A CALIF. CORP.
(hereinafter called "Developer").
RECITALS
1. Developer is developing Carlsbad Tract as approved by the City.
2. As a condition of approval of Carlsbad Tract 74-22, SP-31A Developer is
required to install a storm drain from the project site, across the
Atchison, Topeka and Santa Fe (''ATESF") Rai lway right-of-way, to exist-
ing 72'' storm draln in said right-of-way. The storm drain is necessary
to provide drainage for said tract.
3. For Developer to install the storm drain *ss required it is necessary for
City to obtain from RTGSF Railway certain property rights.
ATGSF Railway will convey to City for the sum of $250'.00 (Two Hundre4 4.
and Fifty Dollars}, a license to install and maintain the storm drain
across the ATGSF Railway right-of-way. The license is subject to
certain terms and conditions. The City is willing to accommodate
Developer and accept the license, provided Developer assumes the respon-
sibility for said terms and conditions.
City will not accept the license or enter into a license agreement with
ATISF Railway unless Developer agrees to assume all City's obiigations
under such a license agreement and to indemnify and hold City harmless
for any liability of the City under such license or license agreement.
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6. Developer desires to assume City's obligations under such license or
license agreement and to indemnify and hold City harmless from any
liability arising because of such license or license agreement. There-
fore, in considerstion of the recitals and the mutual convenants contained
herein City and Developer agree as follows:
1) City agrees to enter into that certain "Pipe Line License"
(Bl-70268-25) between ATISF Railway and City, a copy of which is
attached hereto and made a pare hereof (hereinafter called "License").
Developer agrees to assume and hereby assumes all City's ob1 igations,
whether present or future, including payment of any fees or charges
including insurance, under said License.
Developer agrees to indemnify and hold harmless City for any 1 iabi 1 i ty
of City resulting from said License.,
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of the corporation that executed the within Instrumcnt,
known to nie to be the persons who executed the within
Instrument on behalf of the corporation thcrein named, and
acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
WiTNESS my hand and official seal.
Signature-
CITY OF CARLSBAD
LOS ANGELES COWR
ATTEST :
&R&?- k.QQX*
Aletha L. Rautenkranz,
City Clerk
34W-L d By :
Frank Alesh i re
City Manager
PtPPROyED /-----J AS TO FORM: ALLSTATE SAVINGS & LOAN ASSOCIATION
A California Corporation
Assistant C i ty Attorney
Don Deemar
Assistant Vice-president
TO 1945 CA (C-74)
(Corporation)
STATE OF CALIFORNIA ATlCOR COMPANY ) ss. - LOS Angeles -
I (This area for oficial riotariai seal)