HomeMy WebLinkAboutCalifornia, State Of; 1989-05-17; Parks & Rec, .
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STATE OF CALIFORNIA-THE RESOURCES AGENCY GEORGE OEUKMEJIAN, Governor
DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 942896
SACRAMENTO 942964001
(916) 322-7544
July 19, 1989
r” Is / :FJ Mr. Kenneth QuonJ
Project Manager City of Carlsbad
2075 Las Palruas Drive
Carl&ad, CA 920094859
Ikar Mr. Quon:
7ve Street Immve~nt~~
Ehclosed for your use are the original and one copy of the fully approv& Agreement for Developrmt of Manzano Drive street improvements at South Carl&ad StateBeach.
Thank you for your assistance and cooperation extended to me regarding the enclosed document.
Sincerely,
.LT~1iLiR4 -E;!.Bl,i:ci Hy
EdwinY. Mizutzmi Land Agent
Eklclosures
kc: Developnent Division w/enclosure
Don Hook, Dev. Div. w/enclosure San Diego Coast District
A . Karen R. Kundtz w/enclosure Deputy City Clerk City Hall 1200 Elm Avenue Carl&ad, CA 92008
EYM:IEi
AGREEMENT FOR DEVELOPMENT
OF
MANZANO DRIVE STREET IMPROVEMENTS
AT
SOUTH CARLSBAD STATE BEACH
This agreement, made and entered into this 17th day of May 9
1989, by and between the State of Califo'rnia, acting through the Department of
Parks and Recreation (DPR) and the City of Carlsbad (City).
WITNESSETH: ----w---e-
WHEREAS, under Section 3790-301-722, Item 23 of Chapter 186, Statute
of 1986, funds were appropriated to State for construction of facilities for
the development of certain real property at South Carlsbad State Beach; and
WHEREAS, State of California may, pursuant to Section 5003 of the
Public Resources Code, enter into contracts to provide for the development of
the State Park System and may expend funds therefor; and
WHEREAS, DPR and City desire to enter into an agreement for said
development; and .
WHEREAS, it is the mutual benefit of the parties hereto that City
design and construct street improvements along Manzano Drive; and
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COURT PAPER STAT* 0, CALWOINlI STD. 113 tREV. B-721
66 M769
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WHEREAS, the parties hereto desire to avail themselves of all
provisions of law appl icable to this agreement and desire to jointly exert ise
their powers as specifically set forth herein and as authorized under Title 1,
Division 7, Chapter 5, Article 1, of the Government Code.
NOW THEREFORE, in consideration of the mutual covenants contained
herein, the parties do hereby covenant and agree as follows:
1. (a) City shall perform or cause to be performed or furnish or cause
to be furnished labor, plans, equipment, materials, and supplies required for
the development of street improvements along Manzano Drive, hereinafter
referred to as "Project" , in accordance with plans, working drawings, and
specifications first approved by DPR and on file with both City and DPR.
(b) No substantial change or changes shall be made from the
approved plans and working drawings without express written approval by DPR.
2. City shall design and prepare working drawings, specifications,
contract documents, and cost estimate for the construction of the Project.
City shall design the Project in accordance with City of Carlsbad standards.
3. (a) Project includes street improvements and related facilities,
including but not limited to paving, grading, drainage, curb and gutter, curb
inlet, manhole, sewer and water line extensions.
(b) State shall not be responsible for the payment of any utility
connections fees for this Project.
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COURT PAPER *TA*= 0, ClLtrO”N,A STD. 113 IRLV. a-721
66 24769
4. DPR agrees to pay to the City an amount not to exceed $60,000 for
the actual cost incurred by City to design and construct the project.
5. All working drawings, specifications, and cost estimates for said
work by or for the City shall, after approval by City, be forwarded to DPR for
review and approval, which approval shall not be unreasonably withheld.
6. (a) Preparation of working drawings, specifications, contract
documents, and construction work for development shall be accomplished by City
according to the method or in the manner for performing such work by City as
if it were proceeding independently, except as herein otherwise provided.
(b) "As-built" drawings for the completed project shall be
delivered to DPR within sixty (60) days after completion of construction.
one (1 ) year from the date of approval of this agreement.
(c) All work by City under this agreement shall be completed within
(d) City may, but shall not be obligated to accept any bid for said
work or to carry out work by its own forces, if the cost to design and
construct said Project exceeds $60,000. DPR's obligation under this agreement
in writing to shall not exceed $60,000 unless this agreement is amended
provide for such excess amount.
7. DPR reserves the right, in addition to any other right it may have,
to inspect the work during normal work hours, at its discretion as needed to
determine that DPR's funds are being expended in accordance with the intent of
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COURT PAPER ‘TITL 0, cALlCOIN,l STD. III IRE”. 8.72)
66 34769
this agreement. When completed, DPR will review the work to ensure the
project is constructed to DPR standards.
a. State shall grant to City, without cost to City, an easement for the
construction, operation , and maintenance of the Project that is on State land.
9. Subsequent to approval of the proposed bid, DPR will within
forty-five (45) days of receipt of a written request from City for project
funds, pay to City an amount equal to the approved bid for construction, but
in no case shall DPR be obligated to pay more than $60,000. To receive
payment, City shall send request for payment to the Department of Parks and
Recreation, Development Division, P.O. Box 942896, Sacramento, CA 94296-0001.
10. In the event the actual cost to complete said work does not exceed
the amount or amounts advanced to City under this agreement, City agrees
within ninety (90) days of completion of said work or the termination date of
this contract whichever occurs first to refund to DPR the difference between
the actual cost and the amount advanced to City under this agreement including
all interest earned on the principal advanced by DPR to City.
11. City shall strictly account for the funds disbursed by DPR to City
under this agreement. City shall maintain satisfactory financial accounts,
documents, and records relating to the cost, disbursement, and receipts with
respect to the work and the funds therefor and shall make them available to
DPR in City's offices for aud iting at reasonable times and shall retain them
for three years following the completion of the work, or the final payment
therefor whichever is later. The parties hereto agree that until three years
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COURT PAPER WrITI 0, CILlFO”NIA STO. 113 (REV. 8.721
66 34769
after completion of the work, or the fina ,1 payment therefor, whichever is
later, that they shall be subject to examination and audit by the State
Auditor General.
12. City hereby waives all claims and recourse against DPR including any
right to contribution for loss or damage to persons or property arising from,
growing out of, or in any way connected with or incident to work under this
agreement except claims from the concurrent or sole negligence of DPR or their
officers, agents, and employees.
City shall to the extent it may legally do so and subject to
availability of funds, hold harmless, and defend DPR and its officers, agents,
and employees against any and all claims, demands, damages, costs, expenses,
or liabilities arising out of the development or construction of the property
described herein except (1) for liability arising out of the concurrent or
sole negligence of DPR or its officers, agents, and employees which claims,
demands, damages, or causes of action arise under Government Code
Section 895.2 or otherwise.
In the event State of California is named as codefendant under the
provisions of the Government Code Section 895.2 et seq., City shall notify DPR
of such fact and shall defend State of California in such legal action unless
State of California undertakes to represent itself as codefendant in such
legal action in which event State of California shall bear its own litigation,
costs, expenses, and attorney's fees. In the event judgment is entered
against State of California and City because of the concurrent negligence of
said entities, their officers, agents, or employees, an apportionment of
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COURT PAPER s?#z.TL 0, cALltQ”NIA STD. 113 ,RL”. a-721
65 34769
~ liability to pay such judgment shall be made by a court of competent
jurisdiction. Neither party shall request a jury apportionment.
City shall require the contractor or contractors, before beginning
construction herein referred to, to obtain and maintain in force during the
period of construction of said Project, public liability insurance in the sum
of $500,000 for injury to or death of any one person; and $l,OOO,OOO for
injury to or death of more than one person ; and property damage liability
insurance in the sum of $250,000. This policy or policies of liability
insurance shall contain the following special endorsements:
"The State of California, their officers, employees, and agents are
hereby declared to be additional insured under the terms of this
policy, both as to the activities of City and as to the activities
of the State, their officers, employees, and agents as related to
the activities contemplated in this agreement."
"This insurance policy will not be reduced or cancelled without
thirty (30) days' prior written notice to the Department of Parks
and Recreation."
"The State of California is not liable for the payment of any
premiums or assessments on this policy."
No cancellation provision in any insurance policy shall be construed
in derogation of the continuous duty of City to require such insurance to be
maintained. Said policy or policies shall be underwritten to the satisfaction
of DPR. A signed and complete certificate of insurance, with all endorsements
required by this paragraph, shall be submitted to DPR before construction work
is commenced.
At least 30 days prior to the expiration of any such policy, a
signed and complete certificate of insurance with all endorsements required by
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COURT PAPER ,TATS 0, cALlrO”lll* STD. 113 IRE”. 8.7Zl
65 34769
this paragraphs showing that such insurance coverage has been renewed or
extended, shal 1 be filed with DPR.
13. This agreement may be amended in writing from time to time by mutua
consent of both parties subject to the approval of the State Department of
General Services.
14. Any notice, demand, or request required or authorized by this
agreement to be given or made to or upon DPR shall be deemed properly given i
delivered by certified ma,il, postage prepaid to the State of California,
Department of Parks and Recreation, P.O. Box 942896, Sacramento, CA 94296-000
The notice, demand, or request required or authorized by this
agreement to be made to or upon City shall be deemed properly given or made i
delivered by certified mail, postage prepaid to City of Carlsbad, 2075 Las
Palmas Drive, Carlsbad; California 92009-4859.
The address to which any notice, demand, or request is to be mailed
may be changed at any time by notice given in the same manner as provided in
this article for other notices. Nothing herein shall preclude the giving of
notice by personal services.
15. The Nondiscrimination Clause, Standard Form 17A, attached hereto is
incorporated herein and for the purposes of this agreement, the word
"contractor" therein shal 1 mean City.
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I 16. Pursuant to Public Resources Code Section 5080.34, this agreement 1
2 1 prohibits , and every contract for a concession of lands that are subject to
3' this development agreement shall expressly prohibit, discrimination against
4 : any person because of the race, color, religion, sex, marital status, national
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origin, or ancestry of that person.
IN WITNESS WHEREOF, the parties
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’ COURT PAPER STATE OF t*L*FORHIA ~&TO 113 (REV 6.72,
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the date first hereinabove appearing.
CITY OF CARLSBAD, A STATE OF CALIFORNIA
MUNICIPAL CORPORATION A DEPARTMENT OF PARKS AND RECREATIOI
have executed this instrument upon
BY -d%k&&ae ALETHA L. RAUTENKRANZ, City Clerk'
E1283Q
‘i’di 1 POLICY 1 BUDGR 1
Department of General Services
APPROVED
3111 J4m
BY@@/ &/fj/
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CERTIFICATION OF FUNDING
CONTRACT NUMBER FUND
84-06-389 Parklands Fund of 1984 1 AMOUNT OF THIS ESTIMATE APPROPRIATION
$ 60,000 -00 Capital Outlay
UNENCUMBERED BALANCE ITEM CHAPTER STATUTE FISCAL YEAR
$ 3790-301-722(23) 186 1986 1988189
ADJ. INCREASING ENCUM- BRANCE FUNCTION reappropriated 313/88, 3790-490-722(29)
s $;~Ac~CREASING ENCUM- LINE ITEM ALLOTMENT
$ 84-87 00744 813 Enc. #84-06-389 I I Hereby Certify upon my own personal knowledge that budgeted funds I T.B.A. NUMBER I B.R. NUMBER are available for this encumbrance.
DPR 526 (Rev. 12/82 )
NONDISCRIMINATION CLAUSE
(OCP - 1)
1, During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, reli- gion, color, national ori medical condition, marita 9 in, ancestry, Physical handicap, status, age (over 40) or sex, Contractors and subcontractors shall insure that the evalua- tion and treatment of their emp1oyees and applicants for em loyment are free of such discrimination, Contractors and su contractors & shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et se J and the applicable regulations promul Kaliyornia Administrative Code, Title 2, 9 ated thereunder Sect on 7285,O et seq,L The applicable regulations of the Fair Employment and Housing Commission im lementing Government Code, Section set forth in Chupter F I 2990, of Division 4 of Title 2 of the Ca i- fornia Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full, Contractor and its subcontractors shall give written notice of their obligations under this clause to Iabor organizations with which they have a collective bargaining or other agreement,
2. This contractor shall include the nondiscrimination and com- pliance provisions of this clause in all subcontracts to perform work under the contract,
STD. I7A (NEW S-83)
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RESOLUTION NO. 89-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY , OF CARLSBAD, CALIFORNIA, APPROPRIATING STATE FUNDING, APPROVING AN AGREEMENT AND ACCEPTING A GRANT OF EASEMENT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION REGARDING THE IMPROVEMENTS FOR MANZANO DRIVE, PROJECT NO. 3313
,, WHEREAS, the City Council of the City of Carlsbad has
.,determined it necessary, desirable, and in the public interest ._
to construct improvements on Manzano Drive; and
WHEREAS, the City Council does hereby enter into an
agreement with the State of California, Department of Parks and
Recreation regarding said project: and
WHEREAS, the State of California does hereby offer to the
City of Carlsbad a grant of easement affecting necessary right-
of-way to construct said project.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That an agreement between the City of Carlsbad and
the State of California, Department of Parks and Recreation is
hereby approved and the Mayor and City Clerk are authorized and
directed to execute said agreement. Following the Mayor's
signature of said agreement, the City Clerk is further
authorized and directed to forward copies of said agreement to
the State of California, Department of Parks and Recreation,
P.O. Box 942896, Sacramento, CA 94296-0001 and the Municipal
Projects Department.
3. That a grant of easement from the State of
California, acting through its Department of Parks and
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1 Recreation, to the City of Carlsbad affecting said project is
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hereby accepted and the Mayor and City Clerk are hereby .
authorized and directed to accept and execute said grant of
easement. The City Clerk is further directed to record said
grant of easement. Following recordation, the City Clerk is
directed to forward copies of said easement to the State of
California, Department of Parks and Recreation, P-0. Box 942896,
Sacramento, CA 94296-0001 and the Municipal Projects
Department.
10 II 4. That the City Council does hereby appropriate to the I
11 project account no. 3313 the $60,000 of State funds to be
12 forwarded to the City for this project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
15 I/ Carlsbad City Council held on the 18th day of April ,
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1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST: I
RAUTEcKI$$&lerk (I e L.
(SEAL)
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STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss. KAREN R. KUNDTZ, Deputy I. / . . (Iit)- <:lt-rk Of tlw <:ity of (hrlsl,atI, (Iotillty of Sill> IIicyp, St;ltcs Of ~hlifort~i;I.
lk(w*l)~. cutif\, tliat I IlilVC’ tr~lttlxlrcd tile fowgoilbg c+opy with the* orig:ill;~l .Resolution#...8?.-123~,ass~~d ai1tl
atlopttd I)!- witI (Iit!. Cotincil. at _.._________________................... iwchg tlwrwf, ilt tlw titni- mtf Iy tlw Votc~ tlwrc~iit a regular
skttcd. wlkh origiiinl .R!SSPlUtiO.~..... .____ is 110~ on file in III! offiw: that the* s;iiw contains il full. triicu
;Illd i.0rnY.t tr:lier*ript tllcw~frollh illltl of then wlwlt~ tlwreof.
\\‘itiic-ss III)' Ilalltl alIt tlrc* SC*:11 of said (Iity of (hlSlXkt1, this .23Td I ( a)' of . . . . . ..?!?Y.?...198.?. .._....__._._._.____......
(SlC;\l, I ..Gg* . . . . . . . . . . . . . .
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COURT PAPER STATE OF C*L*IO*N,* STD. 113 (REV. 8.721
65 34769
AGREEMENT FOR DEVELOPMENT
OF
MANZANO DRIVE STREET IMPROVEMENTS
AT
SOUTH CARLSBAD STATE BEACH
This agreement, made and entered into this 17th day of May ,
1989, by and between the State of California , acting through the Department of
Parks and Recreation (DPR) and the City of Carlsbad (City).
WITNESSETH: ----------
WHEREAS, under Section 3790-301-722, Item 23 of Chapter 186, Statute
of 1986, funds were appropriated to State for construction of facilities for
the development of certain real property at South Carlsbad State Beach; and
WHEREAS, State of California may, pursuant to Section 5003 of the
Public Resources Code, enter into contracts to provide for the development of
the State Park System and may expend funds therefor; and
WHEREAS, DPR and City desire to enter into an agreement for said
development; and
WHEREAS, it is the mutual benefit of the parties hereto that City
design and construct street improvements along Manzano Drive; and
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COURT PAPER STITL 0, cAl.lFOlNIA y STD. 113 (REV. 8.721
65 34769
WHEREAS, the parties hereto desire to avail themselves of all
provisions of law applicable to this agreement and desire to jointly exercise
their powers as specifically set forth herein and as authorized under Title 1,
Division 7, Chapter 5, Article 1, of the Government Code.
NOW THEREFORE, in consideration of the mutual covenants contained
herein, the parties do hereby covenant and agree as follows:
1. (a) City shall perform or cause to be performed or furnish or cause
to be furnished labor, plans , equipment, materials, and supplies required for
the development of street improvements along Manzano Drive, hereinafter
referred to as "Project", in accordance with plans, working drawings, and
specifications first approved by DPR and on file with both City and DPR.
(b) No substantial change or changes shall be made from the
approved plans and working drawings without express written approval by DPR.
2. City shall design and prepare working drawings, specifications,
contract documents, and cost estimate for the construction of the Project.
City shall design the Project in accordance with City of Carlsbad standards.
3. (a) Project includes street improvements and related facilities,
including but not limited to paving, grading, drainage, curb and gutter, curb
inlet, manhole, sewer and water line extensions.
(b) State shall not be responsible for the payment of any utility
connections fees for this Project.
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1 4. DPR agrees to pay to the City an amount not to exceed $60,000 for
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the actual cost incurred by City to design and construct the project.
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4 5. All working drawings, specifications , and cost estimates for said
5 II work by or for the City shall, after approval by City, be forwarded to DPR for
6 review and approval, which approval shall not be unreasonably withheld.
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8 6. (a) Preparation of working drawings, specifications, contract
9 documents, and construction work for development shall be accomplished by City
10 according to the method or in the manner for performing such work by City as
11 if it were proceeding independently, except as herein otherwise provided.
(b) "As-built" drawings for the completed project shall be
14 delivered to DPR within sixty (60) days after completion of construction.
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16 (c) All work by City under this agreement shall be completed within
17 one (1) year from the date of approval of this agreement.
(d) City may, but shall not be obligated to accept any bid for said
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work or to carry out work by its own forces, if the cost to design and
21 construct said Project exceeds $60,000. DPR's obligation under this agreement
22 shall not exceed $60,000 unless this agreement is amended in writing to
23 provide for such excess amount.
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25 7. DPR reserves the right, in addition to any other right it may have,
26 to inspect the work during normal work hours, at its discretion as needed to
27 determine that DPR's funds are being expended in accordance with the intent of
COURT PAPER wr*,t 0, cALI,O”NII STD. 113 (REY. 8-72)
65 34769 3
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COURT PAPER ST*.11 0, CAl.llO”N** STD. 113 ,RE”. 8-721
66 24769
this agreement. When completed, DPR will review the work to ensure the
project is constructed to DPR standards.
8. State shall grant to City, without cost to City, an easement for the
construction, operation, and maintenance of the Project that is on State land.
9. Subsequent to approval of the proposed bid, DPR will within
~ forty-five (45) days of receipt of a written request from City for project
funds, pay to City an amount equal to the approved bid for construction, but
in no case shall DPR be obligated to pay more than $60,000. To receive
payment, City shall send request for payment to the Department of Parks and
Recreation, Development Division, P.O. Box 942896, Sacramento, CA 94296-0001.
10. In the event the actual cost to complete said work does not exceed
the amount or amounts advanced to City under this agreement, City agrees
within ninety (90) days of completion of said work or the termination date of
this contract whichever occurs first to refund to DPR the difference between
the actual cost and the amount advanced to City under this agreement including
all interest earned on the principal advanced by DPR to City.
11. City shall strictly account for the funds disbursed by DPR to City
under this agreement. City shall maintain satisfactory financial accounts,
documents, and records relating to the cost, disbursement, and receipts with
respect to the work and the funds therefor and shall make them available to
DPR in City's offices for auditing at reasonable times and shall retain them
for three years following the completion of the work, or the final payment
therefor whichever is later. The parties hereto agree that until three years
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Recreation, to the City of Carlsbad affecting said project is
hereby accepted and the Mayor and City Clerk are hereby
authorized and directed to accept and execute said grant of
easement. The City Clerk is further directed to record said
grant of easement. Following recordation, the City Clerk is
directed to forward copies of said easement to the State of
California, Department of Parks and Recreation, P.O. Box 942896,
Sacramento, CA 94296-0001 and the Municipal Projects
Department.
4. That the City Council does hereby appropriate to the
project account no. 3313 the $60,000 of State funds to be
forwarded to the City for this project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 18th day of April I
1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT : None
ATTEST:
L . n w L. RAUTE~K~~&lerk
(SEAL)
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss. KAREN R. KUNDTZ, Deputy I. I . (:it) (krk of tlw (:ity of <hlsld, (hlnt)~ of Sun Ih~go. State of (:alifor~ria.
Irc~c~l)~ (3Lrtil’), tlmt I IMVV c~oriipawl the fowgoirig copy with tlic origiii;il Resolution#89-123 ~XWY~ XII~I
xloptcd 1)). said <Iit!, (hliic+l. at ?. T.%!!l.?.!T nrrrting tlwrcd, at tlbc. tiliw alid I)y tlw votcl tllux~ili
stated. wlbicli origirml Resolution is now on filv iii III!’ ofkc: that tlw sanw c-ontains a hill. trilca
ailcl rxmx~c3 tr;liisr7ipt tli~w4koiii amI of ttw wliole tlirwot’.
\\Titirc3s iii!’ l~;iit~l ;iiitl tlrcs ~31 of said City of <~arlslxd, tliis 13th thy of -June 1989.....~ ~....~ ..I
( sIfl::\l, I i2j-L &zj5$ t&d. 1..
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COURT PAPER STATI 0, CILtCORNI* STD. 1 I3 (REV. 8.72)
65 34769
after completion of the work, or the final payment therefor, whichever is
later, that they shall be subject to examination and audit by the State
Auditor General.
12. City hereby waives all claims and recourse against DPR including any
right to contribution for loss or damage to persons or property arising from,
growing out of, or in any way connected with or incident to work under this
agreement except claims from the concurrent or sole negligence of DPR or their
officers, agents, and employees.
City shall to the extent it may legally do so and subject to
availability of funds, hold harmless, and defend DPR and its officers, agents,
and employees against any and all claims, demands, damages, costs, expenses,
or liabilities arising out of the development or construction of the property
described herein except (1) for liability arising out of the concurrent or
sole negligence of DPR or its officers, agents, and employees which claims,
demands, damages, or causes of action arise under Government Code
Section 895.2 or otherwise.
In the event State of California is named as codefendant under the
provisions of the Government Code Section 895.2 et seq., City shall notify DPR
of such fact and shall defend State of California in such legal action unless
State of California undertakes to represent itself as codefendant in such
legal action in which event State of California shall bear its own litigation,
costs, expenses, and attorney's fees. In the event judgment is entered
against State of California and City because of the concurrent negligence of
said entities, their officers, agents, or employees, an apportionment of
: . . .
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COURT PAPER STATL 0, cAl.ICQRNI* STD. 113 (REV. 8-72)
65 24769 6
liabil
jurisd
ty to pay such judgment shall be made by a court of competent
ction. Neither party shall request a jury apportionment.
City shall require the contractor or contractors, before beginning
construction herein referred to, to obtain and maintain in force during the
period of construction of said Project, public liability insurance in the sum
of $500,000 for injury to or death of any one person; and $l,OOO,OOO for
injury to or death of more than one person; and property damage liability
insurance in the sum of $250,000. This policy or policies of liability
insurance shall contain the following special endorsements:
"The State of California, their officers, employees, and agents are
hereby declared to be additional insured under the terms of this
policy, both as to the activities of City and as to the activities
of the State, their officers, employees, and agents as related to
the activities contemplated in this agreement."
"This insurance policy will not be reduced or cancelled without
thirty (30) days' prior written notice to the Department of Parks
and Recreation."
"The State of California is not liable for the payment of any
premiums or assessments on this policy."
No cancellation provision in any insurance policy shall be construed
in derogation of the continuous duty of City to require such insurance to be
maintained. Said policy or policies shall be underwritten to the satisfaction
of DPR. A signed and complete certificate of insurance, with all endorsements
required by this paragraph, shall be submitted to DPR before construction work
is commenced.
At least 30 days prior to the expiration of any such pol icy, a
signed and complete certificate of insurance with all endorsements required by
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this paragraphs showing that such insurance coverage has been renewed or
1 extended, shall be filed with DPR.
13. This agreement may be amended in writing from time to time by mutual
consent of both parties subject to the approval of the State Department of
General Services.
14. Any notice, demand, or request required or authorized by this
agreement to be given or made to or upon DPR shall be deemed properly given if
delivered by certified mail, postage prepaid to the State of California,
Department of Parks and Recreation, P.O. Box 942896, Sacramento, CA 94296-0001
The notice, demand, or request required or authorized by this
agreement to be made to or upon City shall be deemed properly given or made if
delivered by certified mail, postage prepaid to City of Carlsbad, 2075 Las
Palmas Drive, Carlsbad, California 92009-4859.
The address to which any notice, demand, or request is to be mailed
may be changed at any time by notice given in the same manner as provided in
this article for other notices. Nothing herein shall preclude the giving of
notice by personal services.
15. The Nondiscrimination Clause, Standard Form 17A, attached hereto is
incorporated herein and for the purposes of this agreement, the word
"contractor" therein shall mean City.
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’ C URT PAPER s, ST T’s OF CALwQRNI* STD. 113 (REV. 8.72)
85 34769
‘e
16. Pursuant to Public Resources Code Section 5080.34, this agreement
prohibits, and every contract for a concession of lands that are subject to
this development agreement shall expressly prohibit, discrimination against
any person because of the race, color, religion, sex, marital status, national
origin, or ancestry of that person.
IN WITNESS WHEREOF, the parties have executed this instrument upon
the date first hereinabove appearing.
CITY OF CARLSBAD, A MUNICIPAL CORPORATION
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATIOI
Y
G1283Q
ki I, RM LICY B,,QGET
Department of General Services APPROVED
Jlk JlJaJQ
State of Celifornie - The Reeources Agency
DEPARTMENT OF PARKS AND RECREATION
CERTIFICATION OF FUNDING
CUNTRACT NUMBER 1 FUND
84-06-389 Parklands Fund of 1984 AMOUNT OF THIS ESTIMATE APPROPRIATION $ 60,000,OO Capital Outlay
UNENCUMBERED BALANCE ITEM CHAPTER STATUTE FISCAL YEAR
$ 3790-301-722(23) 186 1986 1988189
ADJ. INCREASING ENCUM- BRANCE FUNCTIONreappropriated 313/88, 3790-490-722(29)
s ;C&Dc~REASING ENCUM- LINE ITEM ALLOTMENT
$ 84-87 00744 813 Enc. #84-06-389
DPR 526 rpw. 12/82 )
I Hemby Certify upon my own personal knowledge that budgeted funds le fy this encumbrance. #
NONDISCRIMINATION CLAUSE
(OCP - 1)
1, During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, reli- gion, color, national ori i! in, medical condition, marita ancestry, physical handicap, status, age (over 40) or sex, Contractors and subcontractors shall insure that the evalua- tion and treatment of their employees and applicants for em loyment are free of such discrimination, Contractors and & su contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et se ,I and the applicable regulations promul Kali?ornia Administrative Code, Title 2, 9 ated thereunder Sect on 7285,O et seq.), The applicable regulations of the Fair Employment and Housing Commission im lementing Government Code, Section set forth in Chtlpter F 1 2990, of Division 4 of Title 2 of the Ca i- fornia Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full, Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement,
2. This contractor shall include the nondiscrimination and com- pliance provisions of this clause in all subcontracts to perform work under the contract,
STD. I7A (NEW 5-83)
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RESOLUTION NO. 89-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROPRIATING STATE FUNDING, APPROVING AN AGREEMENT AND ACCEPTING A GRANT OF EASEMENT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION REGARDING THE IMPROVEMENTS FOR MANZANO DRIVE, PROJECT NO. 3313
WHEREAS, the City Council of the City of Carlsbad has
determined it necessary, desirable, and in the public interest
to construct improvements on Manzano Drive: and
WHEREAS, the City Council does hereby enter into an
agreement with the State of California, Department of Parks and
Recreation regarding said project; and
WHEREAS, the State of California does hereby offer to the
City of Carlsbad a grant of easement affecting necessary right-
of-way to construct said project.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That an agreement between the City of Carlsbad and
the State of California, Department of Parks and Recreation is
hereby approved and the Mayor and City Clerk are authorized and
directed to execute said agreement. Following the Mayor's
signature of said agreement, the City Clerk is further
authorized and directed to forward copies of said agreement to
the State of California, Department of Parks and Recreation,
P.O. Box 942896, Sacramento, CA 94296-0001 and the Municipal
Projects Department.
3. That a grant of easement from the State of
California, acting through its Department of Parks and