HomeMy WebLinkAboutVista, City of; 1998-03-10;AGREEMENT BETWEEN THE CITY OF VISTA
AND THE CITY OF CARLSBAD FOR THE
PRELIMINARY DESIGN OF MELROSE DRIVE
THIS AGREEMENT, made and entered into as of the 10th day of
MARCH , 1998, by and between the CITY OF VISTA, a municipal corporation,
hereinafter referred to as “VISTA”, and the CITY OF CARLSBAD, a municipal corporation
hereinafter referred to as “CARLSBAD”.
RECITALS
WHEREAS, VISTA and CARLSBAD share a common city limit boundary; and,
WHEREAS, said city limit boundary crosses or otherwise divides the established and
future right-of-way of Melrose Drive; and,
WHEREAS, said road is integral to the circulation element plans for VISTA and
CARLSBAD; and,
WHEREAS, traffic impacts from development along and adjacent to said road within -
VISTA and CARLSBAD will adversely impact the proper functioning and level of service
standards of said roads unless certain major street and highway infrastructure improvements
are installed prior to or concurrent with the needs created by said development; and,
WHEREAS, VISTA and CARLSBAD acknowledge the importance of maintaining
established minimum level of service standards on said road for the proper functioning of the
local circulation network; and,
WHEREAS, VISTA and CARLSBAD desire to establish mutually agreed upon
responsibilities for the funding, design, and construction of the major street improvements
necessary to maintain the established minimum level of service standard for said road;
AGREEMENT
NOW THEREFORE, IT IS MUTUALLY AGREED between the respective parties as
follows:
1. Recitals. The Above recitals are all true and correct.
2. The Proiect. The project is a preliminary engineering study for designing a four
(4) lane roadway with an unimproved median with all necessary construction features for safety
purposes.
3. Hirina of Enaineerinq Consultant. CARLSBAD shall hire an engineering
consultant to conduct a preliminary engineering study for Melrose Drive. CARLSBAD shall
incorporate into the contract with the engineering consultant that the consultant shall complete
the work within one hundred ninety (190) days from the date the agreement is executed. The
selection of the engineering consultant shall be jointly agreed upon by both CARLSBAD and
VISTA.
4. Cost of Enaineerina Studv. The cost of the preliminary engineering study shall
not exceed $50,000. CARLSBAD and VISTA agree to share equally in the cost of the
engineering study.
5. Pavment Schedule. VISTA shall forward a check payable to CARLSBAD in the
amount of twenty-five thousand dollars ($25,000) within ten (10) days of the execution of an
engineering consultant contract by CARLSBAD. In the event that the final engineering
consultant cost is less than $50,000, CARLSBAD will refund fifty percent (50%) of the
difference within thirty (30) days of the final payment to the engineering consultant.
CARLSBAD shall forward to VISTA within ten (10) days of receipt, a copy of all bills submitted
by the engineering consultant addressed to: City of Vista, 600 Eucalyptus Avenue, Vista,
California 92084, Attention: Tim Flanagan, Senior Civil Engineer.
6. Reimbursement District. CARLSBAD intends to establish a reimbursement
district and include all costs associated with the preliminary engineering study in the cost to be
reimbursed to each party. In the event CARLSBAD is unsuccessful in establishing a
reimbursement district, each party shall absorb the cost of the preliminary engineering study.
7. Entire Aareement: Amendment. This Agreement contains all of the agreements
of the parties hereto with respect to the matters contained herein and no prior or
contemporaneous agreement or understanding, oral or written, pertaining to any such matters
shall be effective for any purpose. No provision of this Agreement may be modified, waived,
amended, or added to except by a writing signed by the party against which the enforcement of
such modification, waiver, amendment or addition is or may be sought.
8. Counteroarts. This agreement may be executed by the cities in separate
counterparts, each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute one and the same document.
9. Severabilitv. If one or more clauses, sentences, paragraphs, provisions, or
terms of this agreement shall be held to be unlawful, invalid, or unenforceable, it is hereby
agreed by the cities that the remainder of this agreement shall not be affected hereby.
Ill
Ill
Ill
III
Ill
Ill
Ill
Ill.
Ill
IO. Headinas. The headings of articles and paragraphs of this agreement are for
convenience only, and no presumption or implication of the intent of the parties as to the
construction of this agreement shall be drawn therefrom.
IN WITNESS WHEREOF, this Agreement is executed by the CITY OF VISTA and the
CITY OF CARLSBAD pursuant to action taken by the respective City Councils.
CITY OF VISTA, a municipal corporation
Al-TEST: Al-TEST:
T Ll-JmL Y Q--T ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
J. WAYNE DERNETZ
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
- -
4 -
RESOLUTION NO. 98-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISTA CALIFORNIA
AMENDING RESOLUTION NO. 97-78 PERTAINING TO THE OPERATING BUDGET
FOR THE 1997-1998 FISCAL YEAR
WHEREAS, on June 24, 1997, the City Council adopted Resolution No. 97-78 approving
the operating budget for the 1997-l 998 fiscal year ; and
WHEREAS, the City Council desires to amend the operating budget at this time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vista, that
I Resolution No. 97-78 is hereby amended as follows:
Increase (Decrease) Appropriations
001.5.310.5600 PROFESSIONAL SERVICES $25,000
The Finance Director is hereby authorized and directed to enter these adjustments into the
appropriate accounts of the City.
PASSED AND ADOPTED by the City Council of the City of Vista at a regular meeting thereof held
on the 10th Day of March, 1998, by the following roll call vote:
AYES: MCCLELLAN, COOKE, ESTES, VALLUZZI, COLE
NOES: NONE
ABSTAIN: NONE
PPROVED AS TO FORM
WAYNE DERNETZ, CITY ATTORNEY
ATTEST
JO SEIBERT, CITY CLERK
March 31, 1998
TO: CITY CLERK
FROM: Traffic Engineer
AGREEMENT BETWEEN VISTA AND CARLSBAD - PRELIMINARY DESIGN OF
MELROSE DRIVE
Attached is the original agreement signed by the City of Vista. They only signed one of the copies sent to them.
Will you please have Mayor Lewis sign this agreement? He was authorized to sign by
Resolution No. 98-70 approved by the City Council on March 10, 1998. After he and
Ron Ball sign and you attest, please send a certified copy to the Vista City Clerk:
Jo Seiberl
City Clerk
POBox1988
600 Eucalyptus Avenue
Vista CA 92085
Thank you.
Robert T. Johnson, Jr., P.E.
Traffic Engineer
c: City Manager Public Works Director
&\3Y
April 6,1998
Jo Seibert, City Clerk
City of Vista
600 Eucalyptus Avenue
P.O. Box 1988
Vista CA 92085
RE: AGREEMENT BETWEEN VISTA AND CARLSBAD - PRELIMINARY DESIGN
OF MELROSE DRIVE
Per the request of our Engineering Department, please find enclosed a certified copy of the
agreement between the City of Vista and the City of Carlsbad for the preliminary design of
Melrose Drive.
If you have any questions, or need any fiuther information please do not hesitate to contact this
office at (760) 434-2808.
Sincerely,
ksbw-i!Qu Sherrie D. Worrell
Deputy City Clerk
1200 Carlsbad Village Drive - Cartsbad, California 92008-1989 0 (760) 434-2808 @