The URL can be used to link to this page

Home My WebLink About1996-03-26; City Council; Resolution 96-1031 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 9 6 - 10 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAL CALIFORNIA, APPROVING MAINTENANCE AGREEMENTS WITH THE CITY 0 ENClNlTAS FOR TRAFFIC SIGNAL AND MEDIAN ON OLlVENHAlN ROAL PROJECT NO. 3466. WHEREAS, the City Council of the City of Carlsbad, California, hereby finds it ne desirable, and in the public interest to widen Olivenhain Road; and WHEREAS, the City of Encinitas will maintain the traffic signal at the intersc El Camino Real and Olivenhain Road and invoice Carlsbad for the costs of one leg of th WHEREAS, the City of Carlsbad will maintain the Olivenhain Road medians I El Camino Real and Rancho Ponderosa subdivision and invoice Encinitas for maintenance costs; and WHEREAS, agreements with the City of Encinitas for maintenance of the traffic si! median island has been prepared and submitted hereto.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C, California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is hereby authorized and directed to execute said agrel attached as Exhibits 5 and 6. Ill I/ Ill Ill Ill Ill Ill Ill 1 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 0 0 3. The City Clerk of the City of Carlsbad is hereby authorized and directed to 1 a copy of the executed agreements to the City of Encinitas, Attention: Craig Tackabe South Vulcan Avenue, Encinitas, CA 92024-3633; and to the Engineering Department, Ati Pat Entezari. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City ( held on the 26th day of March , 1996 by the following vote, to wit: AYES: Council Members Nygaard, Kulchin, Finnila and Hall NOES: None ABSENT: Mayor Lewis OR PRO-TEM ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 1 (SEAL) 0 0 i' AGREEMENT BETOPEEN THE CITY OF CARLSBAD FOR MAINTENANCE OF A AND TEE CITY OF ENCINITAS ' LANDSCAPED MEDI3w ON OLI?ENHAIN ROAD THIS AGREEMENT, executed this 2nd day of ~~~~ , by and between the CITY OF CARISBAD, a municipal corpor hereinafter referred to as lgCarlsbadll, and the CITY OF ENCINI' municipal corporation, hereinafter referred to as 11Encinitas81. ~I!I'NESSETIl WHEREAS, Carlsbad and Encinitas desire to cooperate and j participate in the maintenance of a landscaped median on Olivenhaj between El Camino Real and Amargosa Drive, hereinafter referred "PROJECT1* : and WHEREAS, this landscaped median is one-half within Ca jurisdiction, and one-half within Encinitas jurisdiction; and - .- WHEREAS, Carfsbad and Encinitas desire to specify herein the and conditions by which maintenance of said PROJECT shall be fi and accomplished. NOW THEREFORE, IT IS mutually agreed by and between Carlsb Encinitas as follows: 1, Carlsbad will act as the lead agency for the PROJECT, p plans, specifications, and all necessary constr engineering services for the PROJECT and will maria< construction of the PROJECT as set forth in a prev executed construction agreement. 2. Upon completion and acceptance of the PROJECT, Carlsba maintain the landscaped median. 3. Encinitas will reimburse Carlsbad one-half of the maintenance costs of the landscaped median. These pa will be made to Carlsbad on a semi-annual basis upon r of the semi-annual billing from Carlsbad. con4 6 3 6 1 0 e -J 4. Neither Encinitas nor any officer or employee thereof sh responsible for any damage br liability occurring by rea anything done or omitted to be done by Carlsbad under connection with any wark, authority, or jurisdiction delc to Carlsbad under this Agreement. It is also agreed pursuant to Government Code Section 895.4, Carlsbad defend and fully indemnify and hold Encinitas harmles: any liability imposed for injury (as defined by Gove: Code Section 810.8) occurring by reason of anything dc omitted to be done by Carlsbad under or in connection wi this Agreement. 5. This indemnity provision is not limited in any way 1 extent of any insurance policy currently in force and hi either party. 6. This agreement may not be modified, amended, or othc changed unless by an amendment, in writing, and execul the parties. work, authority, or responsibility delegated to Carlsbad IN WITNESS WHEREOF, this Agreement is executed by the Ci Carlsbad pursuant to action taken by its City Council, and by thc of Encinitas pursuant to action taken by its city Council. CIT@ ITAS gg - .- CITY OF CARLSBAD By: /\&A (- I. Chuck DuVivier, Mayor r%T r- 1 / [X d r Date: Attest: f' I 1 !x I A (-,c A cI [ \X Pn ~ \ 9 * Q- Attest: m Aletha L. Rautenkranz, City C1 rk Deborah Cervone, City Clc APPROVED AS TO FORM By: F/ /'///& /Ar pePufy Ci Attorney con4636 2 I < 0 0 I AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF ENCIHITAS BOR OPERATION ANI) MAINTENANCE OF A TRAFFIC CONTROL SIGNAL SYSTEM AT THE INTERSECTION OF EL CAMINO REAL AND OLIVENHAIN ROAD/LEUCADIA BOULEVARD APRIL THIS AGREEMENT, executed this 2nd day of 1996, by and between the CITY OF CARLSBAD, a municipal corporation hereinafter referred to as I~CarlsbadI', and the CITY OF ENCINITAS a municipal corporation, hereinafter referred to as "Encinitasfg. PITNESSETH m-8 Carlsbad and Encinitas desire to cooperate anc jointly participate in the operation and maintenance of a traffic control signal system and safety lighting at the intersection of E. Camino Real and Olivenhain Road/Leucadia Boulevard, hereinafte: referred to as "PROJECTew; and - ,- WHEREAS, this four-way intersection is one-fourth withii Carlsbad jurisdiction, and three-fourths within Encinita! jurisdiction; and WHEREAS# Carlsbad and Encinitas desire to specify herein thc terms and conditions by which operation and maintenance of saic PROJECT shall be financed and accomplished, NOW THEREFORE:, IT IS mutually agreed by and between Carlsbac and Encinitas as follows: 1. Carlsbad will act as the lead agency for the PROJECT provide plans, specifications, and all necessar construction engineering services for the PROJECT anc will manage the construction of the PROJECT as set fort1 in a previously executed construction agreement. con4636 1 a 0 -I j 2. Within ten (10) days of completion of the PROJECT, Encinitas shall inspect all work performed on the PROJEC'I and determine whether the work was completed ir accordance with the approved plans and specifications. If, by the end of this ten (10) day period, Enchitas has not notified Carlsbad in writing that the work material11 varies from the approved plans, Encinitas shall be deemed to have approved the constructed PROJECT in accordancc with the plans and specifications. Upon completion and acceptance of the PROJECT, it will bc the responsibility of Encinitas to operate and maintair the PROJECT. Encinitas will maintain and operate the traffic control signal system and safety lighting and will pay the total cost for maintenance and operation of the traffic control signal system and safety lighting. Carlsbad will reimburse Encinitas one-fourth of the total maintenance and operating costs of the traffic control system and safety lighting. These payments will be mad€ to Encinitas on a semi-annual basis upon receipt of thc semi-annual billing from Enchitas. 6a. Neither Encinitas nor any officer or employee thereof shall be responsible for any damage or liabiliti occurring by reason of anything done or omitted to be done by Carlsbad under or in connection with any work, authority, or jurisdiction delegated to Carlsbad under this Agreement. It is also agreed that, pursuant tc Government Code Section 895 . 4, Carlsbad shall defend and fully indemnify and hold Enchitas harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Carlsbad under or in connectior with any work, authority, or responsibility delegated tc Carlsbad under this Agreement. I 3. 4. 5. 6b. Upon Enchitas' approval of the PROJECT: Neither Carlsbad nor any officer or employee thereof shall be responsible for any damage or liabiliti occurring by reason of anything done or omitted to bc done by Enchitas under or in connection with any work, authority, or jurisdiction delegated to Encinitas under this Agreement. It is also agreed that, pursuant tc Government Code Section 895 . 4, Encinitas shall defend and fully indemnify and hold Carlsbad harmless from ani liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Encinitas under or in connectior con4636 2 e e with any work, authority, or responsibility delegated t Encinitas under this Agreement. This indemnity provision is irot limited in any way by th extent of any insurance policy currently in force an held by either party. This agreement may not be modified, amended, or otherwis changed unless by an amendment, in writing, and execute by the parties. 7. 8. IN WITNESS WHEREOF, this Agreement is executed by the City o Carlsbad pursuant to action taken by its City Council, and by th City of Encinitas pursuant to action taken by its City Council. Chuck DuVivier, Mayor clTyQ1"ol,. ( CITY OF CARLSBAD By: 1 1 __ Ti , IC-) '-- I('\ r f -/ Date: 4-s-7 6 Date: - I_ Attest: w Attest: /\\,,/ j A *--\A K (c., i Q, y<A Aletha L. Rauten Deborah Cervone, city ~1 APPROVED AS TO FORM By : con4636 3