The URL can be used to link to this page

Home My WebLink About1992-03-17; City Council; 11594; APPROVAL OF AGREEMENT WITH SDG&E REGARDING CONSTRUCTION STAGING OF CARLSBAD BLVD SHORE PROTECTION PROJECT (PROJECT NO. 3307)I 4 n 9 0 g e 4 2 0 i= 0 a 6 8 Z 3 'I CIBOF CARLSBAD - AGE^ BILL 2 G 1 AB # //.54y- TITLE: APPROVAL OF AGREEMENT WITH SDG&E DEPT. HI MTG, 3/23'Y92 REGARDING CONSTRUCTION STAGING OF CITY AT1 CARLSBAD BLVD SHORE PROTECTION PROJECT DEPT. ENG (Project NO. 3307) CITY MG' RECOMMENDED ACTION: Adopt Resolution No. 9d-8C approving an agreement with the San Diego Gas 4 Electric Company regarding construction staging for the future construction of. Carlsbad Boulevard Shore Protection Project. ITEM EXPLANATION: The future construction of the Carlsbad Boulevard Shore Protection Proj consisting of a seawall and related improvements between the two (2) Agua Hedio Lagoon jetties will require a staging and storage area for the City's contract Negotiations between City staff and SDG&E representatives have resulted in agreement which will enable the eventual City's contractor to utilize SI: property as designated in the attached exhibit. These areas will be utilized the contractor to store equipment and materials, locate construction off trailers, and act as staging areas to construct the future seawall proje Additionally, these staging areas have been specifically identified and appra for use within the special conditions of the City's Coastal Development Per issued by the California Coastal Commission for this project. The enclosed agreement provides conditions regarding the storage or hand1 ing hazardous materials, assumption of risk of loss, indemnification of SDG&E f liability, and other conditions of the agreement. The City's standard public wc construction documents incorporate all of these conditions and pass tl requirements onto the eventual City contractor. Staff recommends approval of 1 agreement. FISCAL IMPACT: Use of the SDG&E property by the City's contractor has been offered to the Cit, no cost. The City's contractor will be obligated within the public WI construction documents to return these areas to their pre-construction condi. which will include relocation of existing fencing, reconfiguration of existing i rap material, and related work required to facilitate use of the construc. staging areas. EXHIBITS: 1. Location map. 2. Resolution No. 92-@ approving an agreement with the San Diego Gas Electric Company regarding use of SDG&E property. City of Carlsbad/San Diego Gas and Electric Company Agreement. 3. STAGING AREAS WdA AREA TO BE IMPROVED SHORE PROTECTION WALL a e .. _. (. Recording requested by San Diego Gas & Electric When Recorded Mail To: City of Carlsbad City Clerks Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 SPACE ABOVE FOR RECORDER'S USE March 3, 1992 Mr. John Cahill City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 CONSENT AGREEMENT Dear Mr. Cahill: San Diego Gas & Electric Company (SDG8iE) hereby consents to the city of Carlsbad and its contractors use of three areas shown on exhibit attached hereto and by reference made a part hereof. Said area is on SDG&E's Encina property on both sides of carlsbad Blvd. This Consent is limited to the storing of construction materials and construction vehicles and equipment used in conjunction with the Carlsbad Blvd. Protection Project. SDG&E's consent begins with the City of Carlsbad's award of the construction contract and terminates at City's acceptance of improvements and subsequent SDG&E inspection and acceptance of three areas referenced herein. This Cansent is given subject to the following standard terms and conditions: 1. You agree that no hazardous materials are to be stored or handled on the three sites. You and your contractors agree to assume all risks of loss, damage, and injury to persons and property arising from your use of the property. You also agree to indemnify, defend, and hold SDG&E harmless from any liability arising from your use of the property. 2. Mr. John Cahill e e January 21, 1992 Page 2 3. You and your contractors agree to comply with all appropriate statues ordinances, codes, and regulations or public bodies having jurisdictior over the subject matter of this Consent. Should additional information on this matter be requested, please contact Johr B. Button at (6191 696-2485. Thank you. SAN DIEGO GAS & ELECTRIC CO. BY John B. BuUh Property Management Representative ACCEPTED: CITY OF CARLSBAD, A Municipal Corporation DATE By : ALETHA aail-tt,k L. EUUTEN!k!kk -2- CAHIBCON.A2 1 0 0 ***-m %* ALL-PURPOSE ACKNOWLEDGMENT +n* CAPACITY CLAIMED BY ! g INUVHH)AL(S) SGWG FOR OWESELFnHEMSELVES i OnmA 4 lmbefore me, dhfGzd 4- aBroc< T!TLE(S) t uom& 4 ddC1 t (name, title of officer), 1 personally appeared COMPANY ' aNd 6- Bokron/ WRTNERSHP whlch the person(% acted, executed the PR*IcPIL(S) instrument. TRUST WITNESS my hand and official seal. TITLEIS) TITLE(S1 ENlllYWS) REPRESENTED EWT!TY(€S) REPRESEI(IE0 m ~~m*ttmmmmeQcmmm--------m-------~~~~----------~~~~ FO STA'L'E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. , before me the undersigned, a Aletha L. On March 20, 1992 Notary Public in and for said State, personally appeared .Ria n z of the City of Carlsbad, a Municipal Corporation of the State of Califc known to me to be the person who executed the within instrument on beha of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. , known to me to be the City Clerk official seal. .. I. EXHIBIT c 'A' .b February 28, 1992 SAN DlEGO GAS & ELECTRIC COMPANY Attention: John B. Burton, Property Management Representative P.O. Box 1831 San Diego, CA 921 12 CONSENT AGREEMENT: SDG&E/CITY OF CARLSBAD Dear Mr. Burton: The Carlsbad City Attorney’s Office and City Clerk have reviewed the Consent Agreement between SDG&E and Carlsbad regarding use of Encina property to facilitate the City’s upcoming construction of the Carlsbad Boulevard Shore Protection Project. They have requested the following: 1. In the upper left-hand corner of Page 1, the recorded document should be returned to the City of Carlsbad, attention City Clerk’s Office, 1200 Carlsbad Village Drive, ‘Carlsbad, California, 92008. Your signature on Page 2 of the Consent Agreement should be notarized. 2. I would appreciate your returning one (1) copy of the Consent Agreement with these additions to this office as soon as it is available. Thank you for your assistance and patience in this matter. Regards, .* fl({ @!./, / JOHN J. CAHILL Municipal Projects Manager JJC:jkb c: Assistant City Attorney City Clerk Pat Entezari, Project Manager 2075 Las Palmas Drive - Carlsbad, California 92009-1 51 9 - (61 9) 438-1 161 e 0 e? Recording requested by San Diego Gas & Electric When Recorded Mail To: San Diego Gas & Electric Company P. 0. Box 1831 San Diego, CA 921 12 Attention: John B. Burton EB 601-A SPACE ABOVE FOR RECORDER'S USE January 21 , 1992 Mr. John Cahill City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 CONSENT AGREEMENT Dear Mr. Cahill: San Diego Gas & Electric Cornpan) (SDG&E) hereby consents to the city of Carlsbad and its contractors use of three areas shown on exhibit attached hereto and by reference made a part hereof. Said area is on SDG&E's Encina property on both sides of carlsbad Blvd. This Consent is limited to the storing of construction materials and construction vehicles and equipment used in conjunction with the Carlsbad Blvd. Protection Project. SDG&E's consent begins with the City of Carlsbad's award of the construction contract and terminates at City's acceptance of improvements and subsequent SDG&E inspection and acceptance of three areas referenced herein. This Consent is given subject to the following standard terms and conditions: 1. You agree that no hazardous materials are to be stored or handled on the three sites. You and your contractors agree to assume all risks of loss, damage, and injury to persons and property arising from your use of the property. You also agree to indemnify, defend, and hold SDG&E harmless from any liability arising from your use of the property. 2. e 0 Mr. John Cahill January 21, 1992 Page 2 3. You and your contractors agree to comply with all appropriate statues, ordinances, codes, and regulations or public bodies having jurisdiction over the subject matter of this Consent. Should additional information on this matter be requested, please contact John 6. Burton at (619) 696-2485. Thank you. SAN DlEGO GAS & ELECTRIC CO. BY ACCEPTED: CITY OF CARLSBAD DATE - 2- CAHIBCON.A21 .A f a EX H I B I T !A' * t -1 ,4 * 1 2 3 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 ‘3 e RESOLUTION NO. 92-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH THE SAN DIEGO GAS AND ELECTRIC COMPANY REGARDING USE OF SDG&E PROPERTY FOR THE FUTURE CONSTRUCTION OF THE CARLSBAD BOULEVARD SHORE PROTECTION PROJECT WHEREAS, the City Council of the City of Carlsbad has determinc necessary, desirable, and in the public interest to approve an agreement wit San Diego Gas and Electric Company regarding use of SDG&E property to facil the future construction of the Carlsbad Boulevard Shore Protection Projec. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl California, as follows: 1. That the above recitations are true and correct. 2. That an agreement with the San Diego Gas and Electric Col regarding the use of SDG&E property for the City of Carlsbad’s f construction of the Carlsbad Boulevard. Shore Protection Project is h approved and the Mayor and City Clerk are authorized and directed to execute agreement. Following execution of said agreement, the City Clerk is autho and directed to record said agreement. . 3. The City Clerk of the City of Carlsbad is hereby authorize directed to forward a copy of this resolution and executed, recorded agree /// /// /// /// /// /// /// /// /// I * v 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 9 to the San Diego Gas and Electric Company, attention Mr. John Burton, P.C 1831, San Diego, California, 92112, and the Municipal Projects Department their records. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac , 1992 by the following Council held on the 17th day of March to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clefk . I,