Loading...
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 1 L d a e .-I 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 2