HomeMy WebLinkAboutNorth San Diego County Transit Development Board NCTD; 1998-04-01;A
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N C I D
MEMORANDUM OF UNDERSTANDING
BETWEEN
NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD
ANDTHE
CITY OF CARLSBAD
This Memorandum of Understanding (MOU) is made and entered into by and between the North San Diego County
Transit Development Board (BOARD), owner of the San Diego Northern Railway (SDNR), and the City of Carlsbad
(CITY). The purpose of this MOU is to document the parties’ understanding and responsibilities with respect to cost
reimbursement and BOARD approval of improvements associated with the Vista-Carlsbad Interceptor Sewer
(Reaches VCSB-VC9) project (the “Project”) proposed by the CITY within the SDNR rail right-of-way.
1. CITY is to reimburse BOARD, within 30 days of invoice, for all BOARD’s reasonable expenses (included but
not limited to staff time (actual cost plus overheads), consultants fees, attorneys fees and engineering fees)
associated with review and approval of the Project within the rail right-of-way. The BOARD will provide the
CITY with a preliminary budget estimate for approval, which approval shall not be unreasonably withheld.
2. If approved by BOARD, a Right-of-Entry Permit will be executed by the parties (or by the BOARD and CITY’s
contractor) which will address BOARD’s conditions for the construction of the project, including, but not
limited to, insurance, indemnity and cost reimbursement provisions. BOARD and CITY will also execute Real
Property agreement(s) to provide for the existence of the new facilities within the rail right-of-way.
3. All billings pursuant to this MOU shall be addressed to the CITY as follows:
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
Attn: Kelly Efimoff
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their
respective officers thereunto duly authorized on the date written below their signature.
NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD
By: Date: y-/7-h!
Date: ‘1 1 /4 8
Approved as to form:
OND AND ELLIS
Date: 4,,/6 /ps
NORTH COUNTY TRANSIT DISTRICT
810 Mission Avenue, Oceanside, CA 92054
760-967-2828
April 29, 1998
TO: KAREN KUNDTZ, ASSISTANT CITY CLERK
FROM: Kelly Efimoff, Associate Engineer
ORIGINAL MEMORANDUM OF UNDERSTANDING BETWEEN NORTH SAN DIEGO
COUNTY TRANSIT DEVELOPMENT BOARD AND THE CITY OF CARLSBAD,
CMWD PROJECT NO. 91-403
Attached is the original Memorandum of Understanding between North San Diego
County Transit Development Board and City of Carlsbad for your records.
If you require any additional information, you may reach me at ext. 7124.
Sincerely,
KELLY J. EFIMOFF
Associate Engineer
KJE:sjs
attachment
CMWD 91-403