HomeMy WebLinkAboutCosta Real Municipal Water District; 1987-11-13;e 0
1200 ELM AVENUE T
CARLSBAD, CALIFORNIA 92008 (6’
Office of the City Clerk aiig of anrlsbab
November 13, 1987
Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
Attn: General Manager
Re: Improvements To Palomar Airport Road, East of El Camino Real
The Carlsbad City Council, at its meeting of November 10, 1987,
adopted Resolution No. 9284, which approved an agreement between
the District and the City of Carlsbad for the installation and
reimbursement for the construction of a waterline in Palomar
Airport Road, east of El Camino Real. Enclosed for your records
is a copy of the fully executed agreement as well as a copy of
Resolution No. 9284.
Resolution No. 9284 also approved the grant of an easement for
waterline purposes from the City of Carlsbad to the Costa Real
Municipal Water District. Enclosed is the original Corporation
Grant Deed from the City to the District so that you may have it
recorded.
XYX* Deputy City Clerk
Encs .
* e a
AGRE-T FOR fPEIBWISmNT
'20 CONSTRUCT 16" WATERLINE 124 PALBMAR Mq;ppORT ROAD EAST OF EL CAMIN0 REAL
This Agreement entered into this /F day of 1987 , between the COSTA REAL MUNICIPAL WA-
(heFginaf ter "DISTRICT") and the CITY OF CARLSBAD (herein
"CITY") with respect to the following facts:
A. The CITY is widening Palomar Airport Road east I Camino Real. The DISTRICT desires to construct a 16" water
pressure.yreducing station and appurtenances to serve lands of El Camino Real and north of Palomar Airport Road in accor
with DISTRICT'S Master Plan,
B. The CITY and the DISTRICT agree it is advantage0 both parties to install the waterline at the time of this
improvement.
NOW, THEREFORE, it is agreed between the parties:
1, The DISTRICT agrees to review the design of waterline improvements, including the pressure-reducing st
and appurtenances, for compliance with DISTRICT standards
forward its comments to the CITY or the CITY's consultant.
understood that the CITY's consultant, Pountney & Associ
Inc., will design the waterline, pressure-reducing statio
appurtenances under contract with CITY, in accordance DISTRICT'S standards and specifications, for a total no1
exceed figure of $9,500.00
2. The DISTRICT will provide to CITY, at no cost,
drawing review and approval, construction inspection and te for the waterline, pressure-reducing station, and appurten and that the CITY, acting as project manager for the t
project, wi 11 be responsible for a1 1 communication betweei
DISTRICT and the CITY's construction contractor subcontractors concerning the pipeline project.
3. Upon completion and final acceptance of the t project by the CITY,the DISTRICTwill reimburse the CITYfo contracted design services for the waterline and constructi same; provided that DISTRICT shall not be required to pay f
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accept work not conforming to DISTRICT standards
specifications and CITY dedicates the waterline, pres reducing station and appurtenances, and easement therefo
DISTRICT. Following the dedication of the easement by the to the DISTRICT, the DISTRICT shall first obtain an encroac permit from the CITY prior to commencing any maintenance within the easement. The DISTRICT will also reimburse the for its reasonable administrative services for the wate portion of its project. The CITY will make availablc
DISTRICT review the data and documents used in determinin amounts to be reimbursed to the CITY.
DISTRICT shall not be held liable or responsib
CITY, its contractors, subcontractors or consultants, fo
defect, error or omission in the design or inspection o water1in.e improvements, including the pressure-reducing st and appErtenances, unless the error, omission or defect direct result of the negligence of DISTRICT.
5. Attorney's Fees. In the event of any claim, dispu action arising out of the terms and conditions of this agree
the prevailing party shall be entitled to reasonable attoi fees.
4.
IN WITNESS WHEREOF, the parties have executed this agre by their officerstherein dulyauthorized as ofthe date and first written above.
CITY OF CARLSBAD ,,.
ATTEST:
Do& 9. N By : ALETHA L. RAUTENK-Z, City Cle+
(Seal)
COSTA REAL MUNICIPAL WATER DIS
By: &Klw Su n M. Haas , President Board of Directors
cmwrj 87-601
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