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HomeMy WebLinkAbout1989-09-05; City Council; 10236; Agreement for Funding of Street ImprovementsMTQ._9-5-89 DEPT. EN__ G _____ CI OF CARLSBAD — ACENU�-" `)BILL I APPROVAL OF AGREEMENT WITH COUNTY OF SAN DEPT. H DIEGO FOR FUNDING OF STREET IMPROVEMENTS CITY AM CITY MQR RECOMMENDED ACTION: Adopt Resolution No. :.3? approving an agreement with the County of San Diego for funding of street improvements on El Camino Real and Palomar Airport Road. REM EXPLANATION: A leaseholder at San Diego County's Palomar Airport has applied -for a building permit to construct a hangar at the airport. Carlsbad Municipal Code requires that arrangements be made with property owners to construct or provide funds for necessary improvements to streets fronting their property prior to issuance of building permits for that property. City and County staff have negotiated an agreement (Exhibit 2) which will provide funds for Improvements on the portions of El Camino Real and Palomar Airport Road fronting County property. FISCAL IMPACT: The agreement calls for the County to pay the City $250,000 during the 1989-1990 fiscal year for Improvements to the east side of El Camino Real. The County will pay the City $300,000 during the 1990-1991 fiscal year. $150,000 of the 1990-1991 fiscal year payment will be for improvements to the west side of El Camino Real and the remaining $150,000 will be the first annual payment for Improvements to Palomar Airport Road. The annual paliment will increase five percent per year until the improvements on Palomar Airport Road are complete and paid for or until County contributions for those Improvements total $2,350,000. The maximum contribution will be adjusted to reflect any increase or decrease in construction costs according to the Highway Construction Cost Index for the Los Angeles Metropolitan Area as reported in the En ineerina News Record. EXHIBITS: 1. Resolution No. approving an agreement with the County of San Diego for funding of street improvements on El Camino Real and Palomar Airport Road. c Agreement between the County of San Diego and the City of Carlsbad for Funding of Street Improvements. CITY MANAGER NOTE: This agreement was approved by the County Board of Supervisors on August 22, 1989. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r. �a RESOLMION NO. 89-318 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CARLSBAD FOR FUNDING OF STREET IMPROVEMENTS ON EL CAMINO REAL AND PALOMAR AIRPORT ROAD. WHEREAS, the County of San Diego desires to further develop County property frontinc El Camino Real and Palomar Airpert Road; and WHEREAS, street improvements are needed on El Camino Real and Palomar Airport Road; and WHEREAS, an agreement between the City of Carlsbad and the County of San Diego for funding of said street improvements has been negotiated; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad California, as follows: 1. That the above recitations are true and correct. 2. That the agreement between the County of San Diego and the City of Carlsbad for funding- of street improvements on El Camino Real and Palomar Airport Road, which is on file with the City Clerk and incorporated by this reference, is approved. 3. That the Mayor is authorized to execute said agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 5th day of_ septembe,r1989 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: ALETHA L. RAUTEN RANZ, City Cler (SEAL) -Wv� V I CLAUD A. LEWIS, Mayor 144 XLMORANDUX OF AGRIEXENT !OR FUNDING AND CONSTRUCTION OF STRSIT IXPROV'EMENTS ON XL CAXINO REAL AND PALOMAR AIRPORT ROAD This Memorandum of Agreement is entered into between the City Council of the City of Carlsbad (the "City") and the Board of Supervisors of the County of San Diego (the "County"). RICITALS The County owns and operates within the city limits of the City McClellan -Palomar Airport ("Palomar Airport") and the County desires to develop Palomar Airport further in the future, either directly or indirectly through its tenants or otherwise. Present and future development at Palomar Airport is and will be served by City streets known as El Camino Real and Palomar Airport Road, which abut portions of Palomar Airport. t Both the City and County desire that the portions of El I Camino Real and Palomar Airport Road which abut Palomar Airport { i be fully improved; both the County and City believe that these improvements will benefit Palomar Airport; and the City is willing to manage the construction of these improvements. The Board of Supervisors of the County has adopted a resolution, pursuant to Streets and Highways Code section 1680, determining that the improvement of the portions of El Camino Real and Palomar Airport Read Which abut Palomar Airport is of general County interest, and determining that County aid be i extended for this purpose. The City contends that the County is obligated to provide i { i -1- 1 t 4ft% X frontage improvements to the abutting city streets pursuant to Chapte:c 18.40 of Cit;y's Municipal Code; the County disputes this contention. On May 25, 1982 the City and County entered into a Purchase and Sale Agreement and Escrow Instructions ("County Contract No. 18499-R") by which the County agreed to "constrict; or cause to be constructed, full 1/2 street improvements on a 126 foot right- ;f of -way along [part of Palomar Airport's] frontage on the east side of E1 Camino Real." The City is willing to construct said street improvements, i i identified in the preceding recital, if the estimated costs below are borne by the County. AGREEMENT f 1 • pavment of.$250,.944. The County shall pay the City $250,000 during the 1989-1990 fiscal year which the City shall use, within two years of receipt, to construct, or cause to be constructed, the full one-half street improvements on the 126 n foot right-of-way along Palomar Airport's frontage on the east side of E1 Camino Real, as required of County by paragraph 1.(e) of County Contract No. 18499-R. Promptly upon completion of the improvements, the City shall provide County with a statement of the total actual costs of the improvements. If these costs are lass than $250,000, the City shall reimburse the unexpended funds to the County. If these costs exceed $250,000, County shall reimburse the City for the remaining costs. Payment of said sum shall fully discharge any remaining obligation which the County -2- 4- may have under County Contract No. 18499-R. 2. The County shall make a one-time contribution to the City during the 1990-1991 fiscal year of $150,000, to be used solely for improvements to the west side of E1 Camino Real fronting Palomar Airport. Also during the 1990- 1991 fiscal year, County shall make the first of annual I , contributions to City for improvements to Palomar Airport Road I fronting Palomar Airport. The amount of the annual contribution � shall commence at $150,000 and shall increase by five percent each fiscal year. The County shall continue annual contributions to the City until all improvements to Palomar Airport Road and to the west side of El Camino Real fronting Palomar Airport are completed and paid for, but in no event shall County's contributions under this paragraph (including the total of $300,000 contributed during fiscal year 1990-1991, and all subsequent annual contributions) exceed the sum of $2,500,000, adjusted pursuant to the following paragraph 3. (If the final actual engineering estimate for the improvements exceeds $20500,000 as adjusted, then the City and the County may agree to negotiate toward possible amendment of this agreement.) All contributions to be paid by County under this paragraph 2 shall be funded exclusively by revenue received by County from tenants at Palomar Airport held in County's Airport Enterprise Fund. In no event shall this agreement create any obligation for County to use other funds to satisfy the requirements of this paragraph 2. -3- :a C 3. Adiustment Index For Maximum Contribution: The total maximum sum of contributions by County under paragraph 2 above of $2,500,000 shall be adjusted to reflect any increase or decrease in construction costs as reflected in the Highway Construction Cost Index, Los Angeles Metropolitan Area, Standard Reference Base period 1967-100, of the Engineering News Record published by the McGraw Hill Company, according to the following formula: A. x 2,500,000 p wherein: A = the adjusted maximum of contributions; B = the Engineering News Record index figure in effect as of the date this Agreement is entered into by both s parties; and C the Engineering News Record index figure in effect as of the date the first construction contract is awarded by City for the work referred in paragraph 2 above. t 4. Road Improvements. Funds contributed by the County under this agreement shall be used only for first-time typical t improvements to those portions of Palomar Airport.Road and El Camino Real presently fronting Palomar Airport, on their present alignments, and shall not include the acquisition of rights in property, provided the County shall furnish, at no cost to the City, all property rights on existing, County -owned Airport Enterprise Fund property which are necessary and proper for construction of the improvements. First-time typical improvements include widening, medians, gutters, curbs, -4- sidewalks, undergrounding utilities, and all median and parkway landscaping and irrigation, but do not include the reconstruction or overlay of existing pavement, realignment, traffic signals, and signs. In no event shall the improvements, including 4 furnishing rights -of -way and undergrounding utilities, exceed those presently chargeable to a private developer under Chapter i 18.40 of City's Municipal Code. f 5. Approval of Plans and Snecifica ions. All plans, specifications, and contract documents for improvements under this agreement shall be submitted for approval to the Director, , Department of Public Works, County of San Diego who will, within 5 30 days of receipt, certify whether the improvements meet the a standards in the proceeding paragraph. Failure to respond shall constitute approval. 6. Sevarate Fund and Accountincr. The City shall retain all funds received in a separate Palomar Airport Road Street Improve- ment Trust Fund account (the "Fund"), with interest on unexpended amounts accruing to the Fund. The City shall provide the County with an annual detailed accounting of all costs charged against I {` the Fund, and shall provide other supporting documentation and i information if requested by the County. Excess amounts remaining in the Fund following completion of the improvements shall i promptly be refunded to the County. 7. Responsibility for Construction Management. The City shall be responsible for management of all engineering, construction, and inspection of improvements, with costs -5^ r chargeable to the Fund. The City shall cause all construction, other than that provided for in paragraph 1, to be completed within seven years of receipt of the first annual contribution, as provided in paragraph 2. 8. Minority and Women Bus' ss Enterc> ;se Program. In expending funds contributed under this agreement, the city shall adopt contract clauses and requirements consistent with Policy B- 39 of the Board of Supervisors of the County, the Minority and Women Business Enterprise Program. 9. Affirmative Action Progran, fnr vo„dors. The City shall comply with the County's Affirmative Action Program for Vendors, San Diego County Administrative Code, article IIIk, sections 84 through 84.17, which is incorporated into this agreement by reference. 10. Defense and Indemnity. The City shall defend and indemnify the County, and its officers, agents, tenants, licensees, and employees, from all claims for damages or other relief arising in any way out of the City's performance of this agreement. No attorneys fees of any nature, litigation expenses, or court costs shall be chargeable against the Fund. 11. gettlem2nt-and Release. The City releases the County, and its officers, agents, tenants, licensees, and employees, from any liability for construction of road improvements and related facilities on streets abutting Palomar Airport, whether the liability is alleged to arise out of an implied or express agreement (including County Contract No. 18499-R), City policy or -6 :z ordinance (including Chapter 18.40 of City's Municipal Code), or any other source. The City shall not withhold building permits at Palomar Airport for reasons related to street improvements. 12. Btonassi gnment . Neither this agreement nor the rights, obligations and duties of either party may be assigned, r hypothecated, encumbered, or transferred without the written approval of the other party. I 1 j 13. Binding Natur2. This agreement and its terms, covenants, and conditions shall apply to, inure to the benefit of, and bind the successors and assigns of the parties. 14. Entire Aq eem n . This agreement represents the entire agreement between the parties, superseding and replacing any ; i prior negotiations, discussions, or agreements of the parties ' I t relative to its subject matter. 15. Amendment. This agreement may be amended at any time , by an agreement in writing signed by both parties. ; 16. Attorney's Fees. In the event of litigation to I , interpret or enforce the terms of this a reement g , the prevailing party shall be entitled to recover its reasonable attorney's fees in addition to costs. -7- 17. Written Notice. Any notice required by this agreement shall be deemed delivered if deposited, certified mail, in the United States mail and addressed as follows: "COUNTY" t i County of San Diego 5555 Overland Avenue San Diego, CA 92123 s Attn: Director, Department of Public Works Copy to: Chief Administrative Officer "CITY" City of Carlsbad j 2075 Las Palmas Drive , 4 Carlsbad, CA 92009 i Attn: City Engineer Copy to: City Clerk Notice of a change of address shall be delivered in the same manner as any other notice provided by this paragraph, but shall ' not be deemed effective until received by the other party to this E agreement. City of Carlsbad County of San Diego CLERK OF THE BOARD OF ? SUPERVISORS ATTEST: APPROVED AS i O rC; iA AND LEGALITY COUNTY COUNSEL ar �DEP -8- i