HomeMy WebLinkAbout1994-03-15; City Council; Resolution 94-79e 0
1 RESOLUTION NO. 94 - 7 9
2
3
4
5
6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT WITH
NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD FOR
THE DESIGN AND CONSTRUCTION OF THE AVENIDA ENCINAS
EXTENSION, PROJECT NO. 3416-A
WHEREAS, the City Council of the City of Carlsbad, California, hereby finds it necc
7
8
9
10 WHEREAS, said agreement provides that upon request and within thirty (30) days
11 date of City Council approval, the North San Diego County Transit Development Boa
12 deposit funds in the amount of $207,000 in the project account; and
13 WHEREAS, the agreement between the City and North San Diego County 1
14 Development Board has been approved by the Executive Director of the North San Diego C
l5 Transit Development Board; and
16
17
18
19
20
1. That the above recitations are true and correct. 21
22 2. That the attached improvement agreement between the City of Carlsbad and I
23 San Diego County Transit Development Board is hereby approved and that the Mayor anc
24 Clerk are authorized and directed to execute said agreement. The City Clerk is further
25 Ill
26 ill
27 Ill
desirable, and in the public interest to extend Avenida Encinas; and
WHEREAS, an agreement with the North San Diego County Transit Development
has been prepared and submitted hereto; and
WHEREAS, the City Council of the City of Carlsbad, California, hereby finds it nece.
desirable, and in the public interest to approve said agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl!
California, as follows:
28 Ill
1
2
3
4
5
6
7
€3
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
authorized and directed to forward copies of the signed agreement to the North San
Diego County Transit Development Board, attention Ms. Betty Laurs, 31 1 South Tremont 5
Oceanside, California, 92054, as well as the Engineering Department for processing.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cc
held on the 15th day of MARCH , 1994 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard
NOES: None
ABSENT: Council Member Finnila
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
0 0
IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: March 17, 1994
NORTH SAN DIEGO COUNTY
NAME OF DEVELOPER: TRANSIT DEVELOPMENT BOARD
NAME OF DEVELOPMENT: POINSETTIA TRANSIT STATION
CONDITION USE PERMIT: 93-2
ESTIMATED TOTAL COST OF IMPROVEMENTS: $207,000
, THIS AGREEMENT is made and entered into by and between
City of Carlsbad, California, a Municipal Corporation of
State of California, hereinafter referred to as I'City''; and
North San Diego County Transit Board, hereinafter referred tc
"Transit Board''.
RECITALS
A. Transit Board desires to enter into this agreer
wherein it is provided that the City will install and completf
Transit Board's expense, minimum half street improvements
Avenida Encinas, extending from Encina Waste Water Treatn
plant to south terminus of Avenida Encinas; and
B. Plans and specifications for the constructj
installation and completion of the public improvement work
being prepared by the City; and
c. An estimate of the cost of constructing the puk
improvements has been made and has been approved by City Engir
and Transit Board in the amount of $207,000 is attached her
and marked Exhibit A.
///
1
0 0
NOW, THEREFORE, Transit Board and City agree as follows
TRANSIT BOARD AGREES:
1. To deposit funds in the amount of $207,000 w the City, within 30 (thirty) days of execution this contract.
2. To request the relocation of existing utilit
in Transit Board's property, if they confl
with the proposed improvements.
3. To dedicate to the City, all necessary r easements along Avenida Encinas to construct
project. Said easements shall be dedicated
the City within thirty (30) days of receipt
easement document.
THE CITY OF CARLSBAD AGREES:
1. To design, construct and administer the proji to completion.
2. To utilize the Transit Board funds for the des and construction of minimum half-stri improvements on Avenida Encinas extensit including grading and minimum paving for '
lanes, signing and striping and drainage.
3. To pay project costs for minimum strl
improvement exceeding $207,000.
4. To utilize any remaining Transit Board funds
install curb, gutter, and street lighting front of the Transit Board frontage.
5. To forward to the Transit Board a copy of final project costs, upon filling of notice
completion.
D. Entire Asreement. This agreement constitutes
entire agreement of the parties with respect to the subj
matter. All modifications, amendments, or waivers of the te
of this agreement must be in writing and signed by
appropriate representatives of the parties. In the case of
\\\
2
0 0
CALIFORNIA ALL-PURPO~E -. ACKNOWLEDGEMENT
STATE OF CALIFORNIA 1
COUNTY OF J/?/Z/' 1?Lc/?t$-('? 1 . :
On /=EA, J,;?, 197 '1 before me, PhEt: Y c D ~ PL-a fll-VS,llJd -r/47//v Pl&z>
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared, XTcffARn L1 FZPf5L
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s:
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiheritheir a1
capacity(ies), and that by hidheritheir signature(s) on the instrument the person(s), or the entity upon behalf of whi
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Comm. #SI80097
NOTARY PUBLIC . CALIFORNIA
SAN DIEGO COUNTY 0 a- .PJmaL (SEAL)
TARY PUBLIC SIGNATURE
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT ~4V'f%9il~~,5~~ /?&K,c?E&',G)Z/ 7
DATE OF DOCUMENT qh6'bY- -~76wm ,!??I ~Pa/unT NUMBER OF PAGES y
SIGNER(S) OTHER THAN NAMED ABOVE a7H PO
0 0
the City, the appropriate party shall be the City Manager.
Executed by Transit Board this 2s day of ,s*,c'/j ,,? !.iS/?? I/ I 19- (3 !
NORTH SAN DIEGO COUNTY CITY OF CARLSBAD, a munici
TRANSIT DEVELOPMENT BOARD
Richard I-. Fifer
(Name . of Transit Board Official) '< 7 c.. 7-'4 j .".
?\C/+u3Rii A- 6 /-"EL?
By : -1 I_ 1- .,' L . /.:.,-, 1'. -) ATTEST :
' !sign here)
(print name here) ALETHA L. ~UTENKRANZ City Clerk
+Lk-Yt-CL, 77 WE "9 I R KC a e- Me79 -
(title and organization of
signatory)
By :
(sign here)
(print name here)
(title and organization of
signatory)
(Proper notarial acknowledgement of execution by Transit Boa must be attached)
(President or vice-president and secretary or assistant secreta
must sign for corporations. If only one officer signs, t corporation must attach a resolution certified by the secreta
or assistant secretary under corporate seal empowering th
officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City orney Le. k By :
Deputy City Attorney 3//L/4 y .
3
a
I
PRELIMINARY COST EST ? MATE
WORKSHEET
PROJECT TITLE: AVENIDA ENCINAS EXTENSION (MIN. IMP.)
DATE: 12/23/93
DRAWING NO: 334-1
SHEET 1 OF 1
LOCATION: FROM ENCINA WASTEWATER PLANT TO
I VOLVO DEALERSHIP
~ OWNER: CITY OF CARLSBAD
ESTIMATED BY:
CHECKED BY:
APPROVED BY
Pat Entezari
1 I:VJBRARY\E)NG\WPDATA\ENTEZARMVENENC2.EST