HomeMy WebLinkAboutCity of Encinitas; 1997-06-23;AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND THE CITY OF ENCINITAS FOR
THE MAINTENANCE OF THE LA COSTA AVENUE/
PIRAEUWPARK-N-RIDE LOT SIGNAL SYSTEM
THIS AGREEMENT is made and entered into as of the 23rd day of
JUNE I 1997, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “Carlsbad”, and the CITY OF ENCINITAS, a
municipal corporation, hereinafter referred to as “Encinitas” in consideration of the
following:
1. Carlsbad and Encinitas have previously entered into the Second
Amendment to Agreement between the City of Carlsbad and the City of Encinitas dated
December 26, 1996, for the construction of various circulation element roads within
both the cities of Carlsbad and Encinitas stipulating that Encinitas will enter into a
maintenance agreement, whereby Encinitas will make annual payments to Carlsbad for
reimbursing all costs of operation, of the La Costa Avenue/Piraeus/Park-n-Ride lot
signal system, hereinafter referred to as “Project”.
2. Carlsbad will operate and maintain the Project.
3. Encinitas will reimburse Carlsbad the total annual maintenance and
operating cost of the Project. Payments will be made to Carlsbad on an annual basis
within thirty (30) days of receipt of the annual billing from Carlsbad.
4. Costs to be reimbursed by Encinitas to Carlsbad will accrue and
commence on the date that the Project is energized.
5. The City of Encinitas, at its sole expense, agrees to defend and indemnify
and hold harmless the City of Carlsbad and its officers, officials, employees and agents
from and against any and all liabilities, claims, demands, causes of action, losses,
damages and costs, including all costs of defense thereof, arising out of, or in any
manner connected directly or indirectly with the design and construction of the traffic
signal at La Costa Avenue and Piraeus Street, and/or the operation and maintenance of
the signal.
6. This agreement may not be modified, amended, or otherwise changed
except by a written amendment executed by the parties.
IN WITNESS
CARLSBAD and by
Council.
WHEREOF, this AGREEMENT is executed by the CITY OF
the CITY OF ENCINITAS pursuant to action taken by its City
ATTEST:
DEBORAH CERVONE
City Clerk
Date: June 20, 1997
ATTEST:
ALETHA L. RAUTENKRANZ,
City Clerk
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
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‘l/RITE IT - DON’T SA” IT!
Date June 24 19 97
TO File 0 Reply Wanted
From Isabelle Paulsen q No Reply Necessary
On this date, Bob Jihnson Engineering, agreements with The City Af Encinitas. was sent two original Bob stated he would transmit an original to the City of Encinitas.
Council Meeting: June 17, 1997
Resolution No. 97-490