HomeMy WebLinkAboutSan Diego, County of; 1965-07-20;1966, by and between the C711'Y OF CA!E:LSI:AD, a municipal corpora$fon, hereinafter
called the C!,ty, and the COW?i!P OF SAT: DIEGO, a political suddivision of the State
of California, hereinafter called the County,
TJ I 2' N E S S E Ti' H:
IWEREAS, the Ctty and County on July 20, 1965 entered into an agreement (County
Contract No. 311.&5050-Z/!3 for the irqrovemcnt of El Canino Red froa approximntely
200 feet s.outh of the center!.ine or' State P,OU~C 78 to approxiinately 400 feet south
of Chestnut Avenue, a distance of approxkmtely 1.3 miles, and
UW?BE&S, the City and County desire to amend said azreement to continue the
improvement of Zl CmLno Real to Palomr :?5rport 20~6, and
\TH.Q,UiS, it is nzcessary to the extent au.thorized by 1277 to protect thc ultimatz
right of TJLZY for future construction, 2nd
WiBXiQJ.S, the County 1611 have avail-rr.ble funds to fincznce the project to com-
pletion and the City is v7illing to continare thz revenues pledged monthl,y until
the County is rehbursed in full for this advance prrrsuant to the Section 186,2,
Streets and Highvays Code; XEJ TBERZjORX
IT IS I4ULirUALLY AGXXLC by and between the City 2nd County as foZ10vs:
1. That paragraph 1 of mid a2remen.t or' July 20, 1965 is zri:encled to
read:
"The County shall cause to bz constructed that portj-cnr of El Canino Real
from approximztely 200 Zect south of the centcrlinc of State Iioute 78 to
Pzlomar Airport I',oc?d, a distance ?f approximately 5.23 milts, ad is more
particularly described nnd. depicted on Zxhi5it ''iltl hereto attnched c?nd
hereby rnade a plrt of this agreeilent, cnd the nccessary portions or'
interscctiq streets t1i.a-t ev42necrinm u desizn rccpj-res ?or ~i transFtion
to the existing or proposed facillCics. ,:7* ~~15s 1cz:th ut11 bc. d2.vib::cl into
two construction contracts ; the first contract ill e:itend from 200 feet
south of 'ill2 ce~ite~l.5-~~ic 3xte Route 78 to the south ~.pr;ii.o;.;lr~;..tely [:GO feet
south of Chestnut Avenue, amcl the second contract will be from the
teimfnation of the aEorencntioned contract to Palom?rr Airport RoL?~."
2. That pxngraph 6 is amended to read:
"6.
to appro;:imately 409 Eeet south of Chestnut will bc desigiled and right of
way acquired for ai1 ultbatc. of six l.nnes with median.
The portion of E1 Camino Real from 200 feet south of Stz.te Hi,oh:iay 78
The construction
will consist of grading to the ultin2te ~~iclth sild the pwing of tvo 32-foot
roadways with curb and gutter at ultimate width and the necesszry dr2inrJ.ge
facilities. The portion from 400 feet south of Chestnut Avenue to Palon,-x
Airport Boi?d vi11 be designed for two 26-foot tnnes dividkd by 2.n 18-foot
median t7ith 6-foot grzded shoulders, and right of t72.y acquired for a
90-foot right of way.
jurisdictions to the extent authorized by 1217 protect the ultimate 126-foot
right of w,y from encroachment.
The Ci.ty and the County will eech vithSn their
3. That pnragraph 10 is emended to read:
"10.
yenr 1965-66 with construction planned in the first part of fiscal yev
1966-67 for thzt portion 200 feet south of State ?,oute 78 to 409 feet south
of Chestnut Avenue. For the portions south from Mi0 feet south of Chestnut
Avenue to Palomr Airport 2ond design will be conplcted in the fiscd year
196647, with ri-ght of x72y acquisition in 1967-68 and construction planned
for fiscal year 1369-70."
IT IS E'UYJ31~ AGXZED the County \?ill complete the design in the fiscal
Except as mended 2nd niociified above, all of the provfsions 02 said ogrcanent
of July 20, 1965 shp.11 continue in full force and efEect.
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IN IEIITFTXSS 1,3IZREIF this agreement Is executed by the County of Sm Diego
under and pursuant to c? resoluki.on of the Eoazrd of Supervisors and by the City
Of of Carlsbad under and pursuant to Resolution No. /286 ---
the Resolutions of the City Council.
6/66 S-RC sm : mc
CITY OF CRr?LSEAD
COUivTY OF SPJT DIEGO *& .I.--
Approved by the Board of Supervisors of the County of San Diego
Clerk Of the Board Of LU~SI uI$LJI >
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..
pJmmmitlon re#z.dhig :his wi.iacfl
day of z / THIS AGREEMENT, executed this
/ 196-5 , by and between the CITY OF CARLSBAD, a
hereinafter called the "CITY", and the COUNTY OF SAN DIEGQ, a political
subdivision of the State of California, hereinafter called "COUNTY".
WITNESSETH:
WHEREAS, the City and the County desire to enter into a joint
City-County Cooperative Agreement to improve a portion of El Camino
Real from appreximately 200 feet south of the centerline of State
Route 78 to approximately 400 feet south of Chestnut Avenue, a distance
of approximately 1.3 miles;
WHEREAS, both the City and the County desire to proceed with the
construction of said improvements and to share in the cost of such
construction ;
WHEREAS, the County will have available funds to finance the proj-
ect to completion and the City now has some uncommitted 186.1 (a) and
(b) funds on hand and will pledge certain revenues monthly until the
County is reimbursed in full for this advance pursuant to Section 186.2
Streets and Highways Code.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the City and
the County a8 follows:
1. The County shall cause to be constructed that portion of El
Camino Real from approximately 200 feet south of the centerline of
State Route 78 to approximately 400 feet south of Chestnut Avenue, a
distance of approximately 1.3 miles, and the necessary portions of
intersecting streets that engineering design requires for a transition
to the existing or proposed facilities. See Exhibit "A" attached.
The County will provide the finances to complete the project
and will be the agency designated to provide the "Matching Funds" re-
quired by Seceion 186.5 of the Streets and Highways Code.
shall reimburse the County for its proportionate share of the prelimi-
nary design, construction cost$, and engineering, including inspection
and contract management service expense of the project, based on the
2.
The City
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percentage of construction costs of the improvements within its
jurisdiction as shown on Exhibit "A" whether or not subsequent an-
nexation alkers said jurisdiction.
The City shall reimburse the County for its proportionate (a)
share of the cost as determined above from the following funds:
1. From Section 186,l (b) funds, and
2. To the extent any construction work within
the City's jurisdiction may be found to be
ineligible for Section 186.1 (b) funds, from
sources other than gas tax Funds; and
3. The City may elect to reimburse the County
from available Seckion 186.1 (a) funds and/or
from other available funds .
3. It is the intention of the parties that the City shall seek
to acquire the necessary right of way by donation; however, in the
event the necessary right of way must be purchased or condemned it is
understood that ilt will be the responsibility of the County to acquire
the right of way. The City shall reimburse the County for the necessary
right of way that must be purchased or condemned as follows:
a. A right of way presently withiq the jurisdiction
of the City as shown on Exhibit "A" , hereto attached; and
b, Any right of way which is part of a parcel of real
property presently within the County's jurisdiction as shown
on said Exhibit
to acquisition as evidenced by the recordation of a final
order of coqdemnation, grant deed, or grant of easement for
such right of way.
4.
"A", which has been annexed to the City prior
The City will, reimburse the County for whatever costs are
necessary for the reconstruction or relocation of utilities within its
jurisdiction as shown on Exhibit "A" whether or not subsequent annexa-
tion alters said Jurisdiction.
5. The City of Carlsbaq will sign the Agreement (Exhibit "B") and
will reimburse the County in the amount of not less than the money re-
ceived pursuant to Sectton 186.1 (b) of the Streets and Highways Code
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of the State of California each month with the 1st payment being its
apportionment for the month of 1965, and con-
tinuing each month thereafter until the County has received full pay-
ment for the City's proportion of the total cost as described above.
No interest will be charged for this advance by the County. The
County shall furnish the City an annual report which shall provide
for the strict accountability of all funds, receipts, and disburse-
ments in accordance with Section 6505 of the Government Code.
6. The facility will be designed and right of way acquired for
an ultimate 6-lane with median. The construction will consist of
grading to the ultimate width and the paving of two 32' roadways with
curbs and gutters at ultimate width and necessary drainage facilities.
See Exhibit "A".
7. That in general the distributton of the work and the respon-
sibility therefor is as follows:
a. That the County will design and prepare plans
and specifications for the project;
b. The County will provide all inspections and
contract management services;
c. That the County will perform all Materials
Engineering necessary to determine a suitable
structural section, and for control testing
during the construction for the project as
depicted on Exhibit "A";
d. All costs incurred by the County for preliminary
engineering construction and design engineering
expenses including aerial survey contract costs,
inspections, and contract management services
shall be shared by the City and the County,
based on the percentage as defined in Paragraph 2.
8. Prior to the close of any negotiation for right of way the
City and County shall agree to the purchase price of each parcel to
be purchased and said price shall be subject to the approval of both
the City and Counky.
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9. After bids for the improvement have been received and opened
by the County and prior to the award of any contract for said improve-
ments by the County, the County shall notify the City of the lowest
responsible bid thereof. If the City wishes to reject for cause the
award of the contract in accordance with the lowest responsible bid,
the County will reject all bids, call for new bids based either on
the existing contract documents or based on revised plans and speci-
fications. If the contract cannot be awarded, the City will reimburse
the County for its share for the engineering and right of way purchased.
The County will furnish the City a reproducible set of plans and
specifications for its use at a future date.
10. It is further agreed the County will complete the design in
the fiscal year of 1965-66 with construction planned in the first part
of the fiscal year? 1966-67.
IN WITNESS WHEREOF, this agreement is executed by the County of
San Diego under and pursuant to a resolution of the Board of Super-
visors and by the City of Carlsbad under and pursuant to Resolution
No. //k 3 of the Resolutions of the City Council.
B City Clerl
wc4!+i&wA Chairman, Boar o upervisors
APPROVED AS TO INTENT:
and Road Commissioner
APPROVED AS TO FORM:
Approved by the Board of Supervisors ;I
:he County of San Diego
County Counsel
t City AttoPney
DBW : AD -4-
. . . *A-
. ,.
Exhibit B
AGWEGrlENT
THIS AGREEMENT, made and entered fnto this &?- d & day of
, 1965, by and between the CITY OF CARLSBAD, a muni- + cipal corporation, hereinafter referred to as "CITY" and the COUM2Y OF
SAN DIEGO, a political subdivision of the State of California, herein-
after referred to as "COUNTY".
WITNESSETH
WHEREAS, CITY AND COUNTY, pursuant to Section 186.2 of the Streets
and Highways Code of the State of California, desire to enter into an
agreement regarding CITY'S apportionment of funds pursuant to Section
186.1 (b) of said Code; and
WHEREAS, COUNTY is willing to provide matching funds pursuant to
Section 186.5 of said Code.
NOW THEREFORE, in consideration of the mutual covenants herein con-
tained it is hereby agreed by and between CITY AND COUNTY as follows:
(1) CITY hereby designates COUNTY to receive CITY'S appor-
tionment of funds as allocated pursuant to Section
186.1 (b) of the Streets and Highways Code of the
State of California and accruing from ua /. J?6 5- B (jl .' until notified by the CITY AND COUNTY.
COUNTY shall provide matching funds pursuant to Section
186.5 of said Code for all funds hereinabove designated.
(2)
IN WITNESS WHEREOF, COUNTY has caused this instrument to be executed
in its behalf by its duly authorized officers and CITY has executed the
same, the day, month and year first above written.
CITY OF CARLSBAD