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HomeMy WebLinkAboutLos Angeles, City of / Bd of Harbor Commissioners; 1990-03-23; 1439-1# x* -0 m # - -- -- --------~I..=IIIIv~ ___ -___ TRANSMITTAL NO. 1 SUPPLEMENT NO.l TO EXHIBIT B OF AGREEME" NO. 1439 DEFINING SUPPORT BY THE LOS ANGELES BOARD OF HARBOR COF@IISSIONERS TO THE CITY OF CARLSBAD FOR THE BATIQUITOS LAGOON ENHANCEMENT AGREEMENT This Supplement No. 1 to Exhibit B of Agreement No. 1435 is entered into by the City of Carlsbad (ttCityll) and the City of Los Angeles acting by and through its Board of Harbor Commissioners ( llBoardlt) . RECITALS WHEREAS, City and Board are parties to Agreement No. 1435 ("the Agreement" ) establishing a project for compensation oj marine habitat losses incurred by port development landfills withi] the harbor district of the City of Los Angeles by marine habital enhancement at Batiquitos Lagoon ( @Ithe Project") . WHEREAS, Exhibit B to Agreement No. 1439 constitutes i separate agreement between City and Board to specify the paymeni and support obligations of Board to City in order to perform it: obligations for the Project under the agreement. WHEREAS, as a result of the preliminary environmental ani engineering work for the Project, City and Board acknowledge ani agree: (1) the West Carlsbad Boulevard Bridge (the ItBridgett) i a fifty (50) year old bridge which CALTRANS has determined is a the end of its service life, and (2) the dredging and water flo restorations inherent in the Project, if undertaken, wil necessitate the replacement of the Bridge at Batiquitos Lagoon. NOW, THEREFORE, City and Board agree that Section 3 o Exhibit B to Agreement No. 1439, which is entitled 81Projec Constructionqt is modified to add subsection 3(g) as follows: I. Subject to the conditions below, City, as part of it obligations under the Agreement to accomplish th Project, will design and construct the Bridge. Th Bridge replacement will be built to current Cit standards and will include, in addition to a new two lan bridge with road transitions and utilities, areas fa bicycles and vehicle and pedestrian accesses to an across the lagoon. The Bridge will be constructed I: f . * rn City as an integral part of the Project. Board obligation to fund Bridge construction costs contingent upon Board proceeding with the Project as s forth in Section VI of Agreement No. 1439. To the exte that it has not already been done, all necessa environmental or design work for the Bridge will performed by the consultants retained by City as part its contracts for the Project. City and Board agree that the Bridge is included with the scope of the Project under the Agreement and Exhib B. City will integrate the bridge into the Proje schedule. Board will reimburse the City for its cos in designing and constructing the Bridge includi administrative costs, in accordance with Exhibit B. Ci will otherwise administer and accomplish construction the Bridge as part of the Project in accordance wi Exhibit B. 111. City will use its best efforts to obtain grant funds f the Bridge from the California Department Transportation (CALTRANS) . To the extent the City able to secure CALTRANS money, it will be used for t Bridge. If CALTRANS funds cannot be obtained or if t cost of the Bridge is in excess of the available grz money, then the Board will reimburse the City the cc of Bridge construction as a project cost in accordar with Exhibit B. IV. The Bridge will be constructed to the extent possil: within the existing City right-of-way. City , necessary, will obtain easements from state parks utility companies the cost of which will be included the Bridge construction cost . Bridge construction cof shall also include the cost of demolishing the exist: bridge. When completed the Bridge will be accepted the City as part of City's public street system. U] acceptance City will assume responsibility : maintenance and liability in accordance with the Cit] programs in that regard applicable to other City streef 11. ///I I/// ///I //I/ ///I ///I a m .e I. This Supplement shall be effective on the date o approval by City or Board whichever is later. Dated: 3-23 -70 CITY OF CARLSBAD, a municipal CITY OF LOS ANGELES BY AND THROUGH ITS BOARD OF HARBOR COMMISSIONERS Attest: APPROVED AS T 1s:sp 003. Is 2/21/90