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HomeMy WebLinkAbout1992-07-07; City Council; 11783; Rail System And Transit Center By NCTD & SANDAGalid uu v-i cn L 0g u z$ UO Ec z.2 CIT”OF CARLSBAD - AGENDVILL f& /7 AB# j j, 7 83 O& MTG.7 TITLE: PRESENTATION ON COMMUTER RAIL SYSTEM AND TRANSIT DEPT. RED. CENTER BY NCTD AND SANDAG CITY MO= RECOMMENDED ACTION: The presentation by North County Transit District (NCTD) and the San Diego Association of Governments (SANDAG) on the Commuter Rail System and Transit Center is provided for information purposes only. ITEM EXPLANATION: As requested by the City Council at their June 2, 1992 meeting, staff has scheduled a presentation by NCTD and SANDAG on the Commuter Rail System. An outline of the presentation is attached as Exhibit 1. Exhibit 2 provides a brief summary of significant dates and actions regarding the proposed Commuter Rail Station(s). City Staff has been meeting with County Staff for over a year to discuss the site plan for the proposed station. The County has not yet submitted a formal application requesting a permit for construction of the Commuter Rail Station; all plans are still in preliminary stages of design. As part of the presentation, NCTD will provide a conceptual drawing of the site plan; there are currently no elevations to reflect the design of the actual buildings to be constructed on the site. For information purposes, staff reviewed the agreement approved by the City Council on February 20, 1990 for construction and operation of the Commuter Rail Station at Grand Avenue. The agreement is between the County of San Diego, the City of Carlsbad/Housing and Redevelopment Commission, and the North San Diego County Transit Development Board. Basically, by approving the noted agreement, the City agreed to 1) to appoint a City Council member (Eric Larson) to represent Carlsbad on the Project Management Team; 2) to insure continued, cooperative and comprehensive coordination during implementation of project; 3) to provide necessary staff support; 4) to waive development, license, review and inspection fees; and 5) to approve or disapprove final drawings for the station within thirty days of submittal by the County. Following approval of the above noted agreement, staff of the various cooperating agencies began work on the project which included negotiations for the railroad right- of-way, preliminary relocation activities and station design work. Negotiations with the Santa Fe Railway Company are complete; the final sale now must be approved by the California Transportation Commission and the Internal Revenue Service. The IRS must rule on the proposed use of tax-exempt state bonds to finance roughly $170 million of the $500 million purchase agreement. ‘ . - - AB # I/, 783 JULY 7,19!92 Due to the apparent confusion over relocation activities related to Bauer Lumber and the other businesses within the railroad right-of-way, staff completed some initial research on this matter. The County of San Diego is currently working with only two (2) property lessees for relocation purposes; these two lessees are operating businesses which are in the immediate project area and are initiallv the only businesses impacted by construction of the station. If the station is expanded at a later date, other businesses in the railroad right-of-way may need to be relocated. Expansion of the station and related parking will be initiated by demand for service. For several months, the Master Plan Advisory Committee has been discussing and debating the benefits of the Commuter Rail Station proposed for construction in the Village Area on Grand Avenue (between Washington and State Streets). On June 22, 1992, the Committee approved the following recommendation: “....the City Council should m support construction of a Commuter Rail Station at Grand Avenue. The Committee does not support the Station as part of the “vision” for the Village Redevelopment Area.” Attached as Exhibit 3 is a staff report dated June 23, 1992 which provides more details on the recommendation approved by the Master Plan Advisory Committee. It should be noted that the discussion on the Commuter Rail Station arose from the Committee’s review of the Phase 1 Report on the new Master Plan. The Master Plan Consultant proposed a “vision” of the Village which includes the proposed station on Grand Avenue. As the Master Plan evolves, it is possible that the Advisory Committee might find it desirable and/or necessary to change their recommendation on the Commuter Rail Station. FISCAL IMPACT The proposed Commuter Rail Station at Grand Avenue represents an approximately $2.1 million investment by NCTD in the Village Redevelopment Area. Except for Council and Staff time involved in working as part of the project team, no City funding is required for station. EXHIBITS l- Outline of NCTD and SANDAG Presentation on Commuter Rail System 2- Summary of significant dates and actions on proposed Commuter Rail Station at Grand Avenue 3- Staff report dated June 23, 1992 regarding Master Plan Advisory Committee recommendation on Commuter Rail Station t - EXHIBIT 1 CARLSBAD VILLAGE STATION PRESENTATIONOUTLINE REASONS FOR COMMUTER RAIL l Growth of Coastal North County l Traffic Congestion l Air Quality l Fuel Conservation l Available Right-of-Way PURCHASE OF RIGHT-OF-WAY DESCRKPTION OF SYSTEM l Implementation Schedule l 43 Miles l 9 Stations l Initial Schedule l Station Spacing PROPOSED EOWMENT CARLSBAD VILLAGE STATION l Current Bus Transfer Point l Comoonen& b Rail Platform b Parking b Bus Access b Rest Rooms b Support Commercial b Landscaping b Architectural Accents l ConceDtual Design b Project Boundaries b Flexibility in Design b Long Term Options l Design Process b Project Management Team Meetings b Public Participation b Workshop Format l Relocation b Affected Businesses b Federal Relocation Requirements l Economic ImDact b Demographics of Perspective Riders b Cost of Facility b Parking Benefits b Commuter Purchases b Compatible Retail b Future Development - EXHIBIT 2 CITY OF CARLSBAD COMMUTER RAIL SYSTEM AND TRANSIT CENTER SUMMARY OF SIGNIFICANT DATES AND ACTIONS December 6, 1977 Council requested that the County of San Diego study the feasibility of locating a multi-purpose transportation facility in Carlsbad. February 21, 1989 September 12, 1989 Council was presented with an informational item describing the final assessment of candidate stations for the Oceanside-San Diego Commuter Rail. Council supported, in concept, the proposed Commuter Rail Stations at Grand Avenue and Poinsettia Lane as recommended by SANDAG and NCTD. March - May, 1989 SANDAG made presentations to the Village Merchants Association about the Village Transit Center for the Commuter Rail. A sketch of the initial conceptual design was presented for review. February 20, 1990 Council approved an agreement for the construction and operation of the Carlsbad Transit Center. The agreement includes a Transit Center in the area of Grand Avenue and Washington Street. December 12, 1990 Council approved Resolution No. 90-450 for the first amendment to the agreement for construction and operation of the Carlsbad Transit Center. The amendment stated that NCTD will provide additional funding in the amount of $2 million for relocation assistance by the County of San Diego. January 29, 1991 Council approved support of NCTD Resolution No. 91-03 for Federal financial participation of full grade separation of rail-highway and rail-rail crossings in Los Angeles-San Diego rail corridor. City Staff has been meeting for over a year with County and NCTD Staff regarding the preliminary site plan for the Commuter Rail Station/Transit Center to be located at Grand Avenue in the Village Area. . . June 23, 1992 I EXHIBIT 3 TO: MAYOR AND CITY COUNCIL VIA: CITY MANAGW FROM: ACTING HOUSING AND REDEVELOPMBNT DIRECTOR RECOMMENDATION PROM MASTER PLAN ADVISORY COMMITTEE REGARDING COMMUTER RAIL STATION TO BE LOCATED AT GRAND AVENUE At the Master Plan Advisory Committee meeting of June 22, 1992, the Committee agreed to forward the following recommendation to the City Council regarding the Commuter Rail Station at Grand Avenue: The Master Plan Advisory Committee recommends that the City Council not support construction of a Commuter Rail Station at Grand Avenue. The Committee does not support the Station as part of the "vision" for the Village Redevelopment Area. The above recommendation is based on 1) the personal opinions of the Committee members; 2) the input provided by the public at the June 1, 1992 meeting of the Committee; and, 3) the survey results compiled by the North State Street Subcommittee (Steve Fehlhaber, Belynn Gonzalez and Jim Nelson). Attached is a copy of the North State Street Survey report for your review. In general, the Committee supports the Commuter Rail System but the members do not believe that a station is required or desired in the Village Area. The consensus was that the traffic created by the commuters attempting to get to the station from Interstate 5 and other areas of the City would be detrimental to the Village. Several members stated that the Commuter Rail Station at Grand Avenue would significantly alter the small town atmosphere of the Village. In addition, a majority of the members stated that the Commuter Rail Station would have no positive economic impact on the Redevelopment Area. Attached for your information is a summary of the Master Plan Advisory Committee members comments and l'votesll regarding the Commuter Rail Station. The Master Plan Advisory Committee was informed that a presentation by NCTD and SANDAG on the Commuter Rail System had been scheduled for the City Council meeting of July 7, 1992. The Committee requested that staff forward the above recommendation to the City Council prior to the noted presentation. DJLL &&&&&& DEBBIE FOUNTAIN c: COMMUNITY DEVELOPMENT DIRECTOR NORTH STATE STREET SUB-COMMllTEE REPORT TO THE CARLSBAD MASTER PtAN ADVISORY COMMITTEE DATE: JUNE 1,1992 SUB-COMMITI-EE MEMBERS: BELYNN GONZALES - GARCIA’S RESTAURANT JIM NELSON - DRAGMASTER STEVE FEHLHABER - HOME MOVIES (sub-comm. chair) 1. TASKS A. 8. To evaluate the Pros/Cons of the proposed Village Commuter Rail Station. To solicit input and suggestions for the improvements for the North State Street area. II. SURVEY DISTRIBUTION METHODS A. Village Merchants meetings. B. H & R mailings to State Street property owners. C. Public notice via: 1. The Blade Citizen 5/l 4/92 & 5/31/92 2. The Carlsbad Journal 5/l 3/92 0: Door to door canvasing in targeted area E. ‘Word of mouth ie: Social functions. Ill. QUESTIONNAIRE RESULTS Questions 1 and 2 A. B. C. D. E. F. G. Total responses = 129 Average tenure of respondents = 12.66 years 1. shortest = 5 years/longest = 59 years Owners of business pxqefty = 37 Businesses leasing property = 46 Owners of residence’s = 26 Employee’s = 6 Owners of Bus & res. = 6 Question 3, (Do you believe the proposed Commuter Rail station will be beneficial or detrimental to the Community?) Beneficial = 41 Detrimental = 2X 83 No answer = 7 Question 4, (How do you feel that the CRS will affect you and/or your business?) . . .,. . - h Negative = 62 Positive = 27 No affect = 21 No answer = 20 Question 5, (Would your prefer to see the CRS at a different location?) Yes = 97 No = 25 n/a = 7 If so, Where? (most often mentioned) Poinsettia = 33 S.Cbad =16 S. Oside = 6 STATE STREET ISSUES: Question 6, (Do you agree that the “Redevelopment” of NSS is vital to the overall Redevelopment of the Village?) Agree = 78 Disagree = 36 No Answer = 15 ,. ” . Question 7, ( Which .image should NSS present to vehicle and pedestrian traffic ? - More than 1 answer allowed ) . Residential = 34 Retail/Commercial = 114 Lt.lnd/Service = 77 Other = 10. Question 8, would you like to see NSS:) Completely redeveloped = 22 Existing Bus & Resident improved with some redev = 107 Other = 13 Question 9, General comments on CRS Most comments coincided with the statistical information, favoring or not desiring the location of the CRS with supporting thoughts Question 10, Generai comments on NSS, A very high percentage of comment was in favor of redevelopment to improve the appearance and attractiveness, however, not at the expense of change to existing businesses and residences. CMLSBAD MASTER PLd ADVISORY COMMITTEE SUB-COMMITTEE: NORTH STATE STREET TASK : A) To evaluate pros/cons of a Village Commuter Rail Station. B) To solicit input & suggestions for the improvements of North State Street. ;GESTIONNAIRE NAME (OPTIONAL): DATE: ADDRESS/BUSINESS: PHONElY: 1. How long have you been a part of the "Village Community"? 2. -Do you own or lease your Businesrr or Raridanca in tha Villaga Community? 3.: Do’.~ou believe' the.proposed Commuter Rail Station will ba . beneficial or detrimental to the community? . 4. How do you feel that the Commuter iail Station will affect.You and/or your Business? 5. Would you prefer to see the "Village Commuter Rail Station" at a different location? If so, where? NOTE* State'Street is the ONLY North/South thoroughfare To/from the Village Center. 6. Do you agree that the "Redevelopment“ of No. State Street is vital to the overall Redevelopment of the Village? 7. Which Image should ?io. State Street present to Vehicle & Pedestrian traffic? - A. Resident: :': - B. Retail/,.' PItClal - c. Light I: : ,-.rral/ Service - c. Other (YOU may choose more than one). (OVER, PLEASE) -“. ,- . CARLSW MASTER PLAN ADVISORY COMMITTEE ~ESTIONNAI~ COW~TNUED. 8. would YOU Ilka to see No. State Street: h A. B. c. Completely Redeveloped Existing Business S Residences Improved (upgraded) with some New Development Other 9. General Comments on: A. Commuter Rail 3tat:an: B. North State Street Improvement Program: ’ t. . . ’ t - m°F “““““““,“:’ “‘ig AMENDMENT TO AGREEMENT FOR THE RECOMMENDED ACTION: Adopt Resolution No. yi -4- APPROVING the first amendment to the agreement for construction and operation of the Carlsbad Transit Center and authorizing the Mayor to sign the agreement. ITEM EXPLANATION On February 20, 1990, the City Council approved an agreement between the City of Carlsbad, the County of San Diego and North San Diego County Transit Development Board (NSDCTDB) for the construction, maintenance and operation of the Carlsbad Transit Center. Per the existing agreement, the North County Transit District (NCTD) and the county of San Diego assume all financial responsibilities for the project, including construction, operations and maintenance. Subsequent to approval of the agreement, the North San Diego County Transit Board has agreed to provide additional funding for the project. In order to formalize the increased funding, an amendment to the existing agreement is necessary. The following amendments to the agreement are recommended: SECTION 4. SUBSECTION 7 7. To contribute to the County a maximum of $2,000,000 for all relocation assistance service, design and construction costs for the PROJECT, excluding $100,000 of County’s design costs. NSDCTDB shall reimburse the necessary funds to the County within 30 days of request by the County. SECTION 4, SUBSECTION 8 a. To provide for all right-of-way costs with funds other than those provided under Section 4 (7). P 9 FISCAL IMPACT & k No City funding is required. a EXHIBITS 1. City Council Resolution No. p-h@ approving the first amendment to the agreement for construction of the Carlsbad Transit Center. . . g 2. A copy of the Agreement for the construction of the Carlsbad Transit Center. 2 3. The first amendment to agreement between County of San Diego, City of Carlsbad, d Carlsbad Redevelopment Commission and North San Diego County Transit Development z Board for construction of the Carlsbad Transit Center. 0 I Ii 1 2 3 /I RESOLUTION NO. go-45o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, I CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR THE CONSTRUCTION OF THE CARLSBAD TRANSIT CENTER. 4 WHEREAS, the City Council, at their meeting of February 20, 1990 approved the 5 agreement for construction and operation of the Carlsbad Transit Center; and 6 WHEREAS, the North San Diego County Transit District Board has, subsequent to 7 Council approval, agreed to provide additional funding for the project; and WHEREAS, an amendment to the existing agreement is necessary to formalize the new funding; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of 1. That the above recitations are true and correct. a 9 10 11 Carlsbad, California, as follows: 12 13 14 15 16 17 ia . /I AYES: Council Members Lewis, Larson and Nygaard 2. That the City Council authorizes the Mayor to execute the amended agreement, attached hereto, for the construction of the Carlsbad Transit Center. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, held on the 18th of DP&W , 1990, by the following vote, to wit: 19 I NOES: None 20 ABSENT: Council Member Kulchin 21 ABSTAIN: Council Member Stanton 22 23 Ii ATTEST: 24 I ALETHA L. RAUTNEKRANZ, City Cle/k 26 (SEAL) 27 I! 28 FIRST AMENDMENT TO AGRRRHRNT BETWREN COUNTY OF SAN DIEGO, CITY OF CARLSBAD, CARLSBAD RRDRVRLOPNRNT COMnISSION AND NORTH SAN DIBGO COUNTY TRANSIT DBVELOPMRNT BOARD FOR CONSTRUCTION OF TEE CARLSBAD TRANSIT CENTER This First Amendment to the Agreement for the Construction of the Carlsbad Transit Center (County Contract No. 28696-A) is made and entered into this day of , 1990, by and between: The COUNTY OF SAN DIEGO, a political subdivision of the State fo California, hereinafter referred to as "COUNTY'*; The CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY"; The CARLSBAD REDEVELOPMENT COMMISSION, hereinafter referred to as "COMMISSION"; and The NORTH SAN DIEGC COUNTY TRANSIT DEVELOPMENT BOARD, hereinafter referred to as "NSDCTDB". WITNESSETH: WHEREAS, the above parties entered into an Agreement (County Contract No. 28696-A) for construction of the Carlsbad Transit Center on March 13, 1990; and WHEREAS, the above parties now desire to amend the Agreement to specify additional funding responsibilities; NOW THEREFORE, it is mutually agreed that County Contract No. 28696-A is hereby amended as follows: 1. 'SECTION 4 NSDCTDB AGREES" SUBSECTION 7 IS HEREBY AMENDED TO READ: 7. To contribute to the County a maximum of $2,000,000 for all relocation assistance service, design and construction costs for the PROJECT, excluding $100,000 of County's design costs. NSDCTDB shall reimburse the necessary funds to the County within 30 days of request by the County. 2. 'SECTION 4 NSDCTDB AGREES' SUBSECTION 8 IS HEREBY AMENDED TO READ: 8. To provide for all right-of-way costs with funds other than those provided under Section 4 (7). 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the month, day,and year above written. CITY OF CARLSBAD CARLSBAD REDEVELOPMENT COMMISSION BY: BY: Mayor Chairman ATTEST ATTEST BY: BY: City Clerk Secretary DATE: DATE: APPROVED AS TO FORM AND LEGALITY BY: City Attorney NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD BY: Chairman ATTEST of the Board BY: DATE: COUNTY OF SAN DIEGO BY: Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGALITY BY: County Counsel DATE: 2 - AGREEMENT FOR THE CONSTRUCTION OF THE CARLSBAD TRANSIT CENTER THIS AGREEMENT IS HEREBY made and entered into this 919 9 by and between: day of THE COUNTY OF SAN DIEGO, a politi- cal subdivision of the State of California, hereinafter referred to as "COUNTY"; and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY"; THE CARLSBAD REDEVELOPMENT COMMISSION, hereinafter referred to , , as "COMMISSION"; and \ ' THE NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD, a statutorily created transportation board, hereinafter referred to as "NSDCTDB". WITNESSETH WHEREAS, under Section 99400.5 of the California Public Utilities Code, the COUNTY has authority to finance the construction and maintenance of multimodal transportation terminals anywhere within the boundaries of San Diego County; and WHEREAS, on March 2, 1982, the COUNTY's Board of Supervisors approved an Agreement with NSDCTDB to study the feasibility of constructing five transit centers to be located throughout the County of San Diego, including a transit center to be located in the City of Carlsbad; and WHEREAS, the study concluded that it is necessary and feasible to con- struct a transit center in the area of Grand and Washington in the City of Carlsbad, hereinafter referred to as "PROJECT"; and -2- WHEREAS, the COUNTY has need of and desires to reach an Agreement with NSDCTDB, CITY and COMMISSION in carrying out the responsibilities of the parties hereto for the financing, of the PROJECT; and construction, maintenance and operation WHEREAS, the PROJECT is included for design and construction in the COUNTY's FY 1988/89-FY 1993/94 Regional Transportation Improvement Program and in the NSDCTDB's FY 1986-90 Short Range Transit Plan. NOW, THEREFORE, in consideration of the convenants and conditions con- tained herein, the parties hereto agree as follows: SFCTION I COUNTY AGREES: 1. To provide project management by appointment of a County Supervisor to represent the COUNTY and act as officiating member on the Project Management Team. 2. To provide a Project Manager who reports to the Project Management Team and to provide other staff support to insure the continued cooperative and comprehensive coordination for the implementation of the PROJECT. Staff support shall include, but is not limited to, securing consultant services, preparation of environmental and other documents, facility design, right-of-way acquisition, management of construction, and liaison with other agencies. 3. To provide a maximum of $100,000.00 in Transportation Development Act (TDA) fund support toward PROJECT development costs. Said contribution may be increased at the discretion of the COUNTY. 4. To be responsible for all preliminary engineering, design and con- struction of the PROJECT, including construction management and inspection. The necessary work shall be performed in accordance with NSDCTDB, CITY, COMMISSION and COUNTY standards. All contracts and/or subcontracts let in connection with the PROJECT shall be in accordance with UMTA third-party contracting guidelines. 5. To act as the lead agency during the right-of-way acquisition phase of the PROJECT. This would include initiation and administration through the Project Management Team and condemnation proceeding in the event any con- demnations are required. 6. To furnish NSDCTDB, COMMISSION and CITY conceptual design, preliminary plans and specifications for their review and comment. The COUNTY shall, in good faith, respond to all connnents by the parties hereto. The final drawings shall be approved or disapproved by NSDCTDB, COMMISSION and CITY within thirty (30) days of submittal by the COUNTY. 7. That property acquired or built with assistance from Urban Mass Transportation Administration (UMTA) shall be managed in accordance with UMTA Circular 5010.1. -3- 8. That the Director, COUNTY Department of-Public Works, shall be the contract administrator for the COUNTY in all matters pertaining to this Agreement and is hereby authorized to make administrative decisions neces- sary to carry out the full intent of this Agreement. 9. That the project shall be owned by the NSDCTDB. SECTION f CITY AGREES: 1. To provide project mangement by appointment of a City Council member to represent the CITY on the Project Management Team. 2. To submit all PROJECT input through the Management Team and the Project Manager to insure continued, cooperative and comprehensive coor- dination during the implementation of the PROJECT. 3. To provide necessary staff support as may be required by the Project Manager during preparation of environmental documents, facility design, right-of-way acquisistion, construction liaison. ' 1 \ ' 4. To allow the COUNTY to act within the CITY's jurisdiction according to Section 99400.5 of the Public Utilities Code in implementing the PROJECT within the City of Carlsbad. To the extent permitted by law, to waive all development, license, Review and inspection fees arising from the PROJECT. 6. That the PROJECT shall be owned by the NSDCTDB. SECTION 3 COMMISSION AGREES: 1. To provide project management by, as a whole, serving on the Project Management Team. 2. To submit all PROJECT input through the Management Team and the Project Manager to insure continued, cooperative and comprehensive coor- dination during implementation of the PROJECT. 3. To provide necessary staff support as may be required by the Project Manager during the preparation of environmental documents, facility design, right-of-way acquisition, construction and liaison for the PROJECT. To the extent permitted by law, to waive all development, license, Review and inspection fees arising from the PROJECT. 5. To allow the COUNTY to act within the COMMISSION’s jurisdiction ac- cording to Section 99400.5 of the Public Utilities Code in implementing the PROJECT within the City of Carlsbad. -4- 6. That the PROJECT shall be owned by the NSDCTDB. 4 SECTION NSDCTDB AGREES: 1. To provide management by appointment of a Board member to represent NSDCTDB on the Project Management Team. 2. To submit all PROJECT input through the Mangement Team and the Project Manager to insure continued, cooperative and comprehensive coordination during implementation of the PROJECT. 3. To allow the COUNTY to act within the NCTDB's jurisdiction according to Section 99400.5 of the Public Utilities Code in implementing the PROJECT within the City of Carlsbad. 4. To provide necessary staff support as may be required by the Project Manager during the preparation of environmental documents, facility design, right-of-way acquisition, construction and liaison for the PROJECT. 5. To act as lead agency according to Section 21067 of the Public \ \ Resources Code which defines the lead agency as "the public agency which has principal responsibility for carrying out or approving a project which may have a significant effect upon the environment," during the preparation of an approved environmental document. 6. To bear all costs incurred by the COMMISSION in carrying out Section 3, No. 3, of this Agreement. 7. To pay all right-of-way and construction costs for the PROJECT, in- cluding costs incurred by the other parties to this Agreement, excluding COUNTY's design costs. 8. To provide a maximum of $1,000,000.00 toward funding the PROJECT. Said contribution may be increased at the discretion of the NSDCTDB> That upon completion of the PROJECT and acceptance of the construction z&k by the COUNTY, CITY, COMMISSION and NSDCTDB NSDCTDB shall assume ownership of the PRDJECT and shall be responsibl; for the maintenance and operation of the PROJECT. SECTION 5 IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED: 1. That overall project management will be the responsibility of the COUNTY for PROJECT implementation. 2. That project management will be accomplished with a Project Management Team which shall consist of the entire COMMISSION and one representative each from the COUNTY, CITY and NCTDB. -5- 3. That agencies, appointees or their alternates will attend regularly scheduled project management meetings. The object of these meetings will be to approve PROJECT procedures as well as decide on courses of action as the PROJECT Progresses. This will entail the identification and agreement on staff support for the Project Manager during the preparation of environ- mental documents, facility design, right-of-way acquisition, operation and other aspects as necessary for PROJECT completion. preliminary 4. That the Project Manager will supervise and manage the day-to-day preparation of all work associated with the implementation of the PROJECT. 5. That this Agreement can be modified, altered or revised with the writ- ten consent of the parties. 6. This Agreement shall terminate upon completion of the PROJECT and ap- proval of the PROJECT by the parties hereto. However, the ownership and indemnification clauses shall remain in effect until mutually agreed upon in writing by the parties. 7. (a) The COUNTY, it agents, officers and employees shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal in- t juries to or deaths of them, or any of them, caused by or resulting from , '\ any acts or omissions of CITY, COMMISSION or NSDCTDB, their agents, employees or representatives; CITY, COMMISSION and NSDCTDB further agree to defend, indemnify and save free and harmless COUNTY and its authorized agents, officers and employees against any of the foregoing liabilities and any cost and expense, including reasonable attorney's fees, incurred by the COUNTY on account of any claim therefore, including improvement services done or provided by the CITY, COMMISSION or NSDCTDB pursuant to this Agreement; and in the event that a court of competent jurisdiction should determine CITY, COMMISSION or NSDCTDB has no authority to provide by Agreement the performance of the hereinabove set services, CITY, COMMISSION and NSDCTDB nevertheless agree to assume the foregoing obligations and liabilities by which this is intended by the parties that CITY, COMMISSION and NSDCTDB agree to indemnify and to hold COUNTY harmless from all claims arising by work done by or any act or omnission of CITY, COMMISSION or NSDCTDB or their agents, employees or representatives, in connection with or in the performance of the agreed upon services of work provided for in this Agreement. 7. (b) The CITY, COMMISSION and NSDCTDB. their agents, officers and employees shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person what- soever, nor for personal injuries to or deaths of them, or any of them, caused by or resulting form any acts or omissions of the COUNTY, its agents, employees or representatives; COUNTY further agrees to defend, in- demnify and save free and harmless CITY, COMMISSION and NSDCTDB and their authorited agents, officers and employees against any of the foregoing liabilities and any cost and expense, including reasonable attorney's fees, incurred by CITY, COMMISSION or NSDCTDB on account of any claim therefore, -6- including improvement services done or provided by COUNTY pursuant to this Agreement; and in the event that a court of competent jurisdiction should determine that COUNTY has no authority to provide by Agreement the perfor- mance of the hereinabove set services, COUNTY nevertheless agrees to assume the foregoing obligations and liabilities by which this is intended by the parties that COUNTY agrees to indemnify and to hold the CITY, COMMISSION and NSDCTDB harmless from all claims arising by work done by or any act or ommission of COUNTY or its agents, employees or representatives, in connec- tion with or in the performance of the agreed upon services of work provided for in this Agreement. 7. (c) These indemnity provisions are not limited in any way by the ex- tent of any insurance policy currently in force and held by the parties hereto. 8. Any notice required or permitted under this Agreement may be per- sonally served on the other parties, by the party giving notice, or may be formally served by certified mail, return receipt requested, to the follow- ing addresses: COUNTY: Director, Department of Public Works, County of San Diego 5555 Overland Avenue, Building 2 (MS 0332) - . San Dtego, CA 92123 COMMISSION: NCTDB: Director, Planning Department City of Carlsbad - 2075 Las Palmas Carlsbad, CA 92009 Chairman, Carlsbad Redeve lopment Comm City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Executive Director - North County Transit District 311 South Tremont Street Oceanside, CA 92054 CITY: ission . \ ’ . -7- IN WITNESS WHEREOF, the parties ecuted as of the day first be hel;;:wt;;vE caused this Agreement to be ex- . ATTEST ATTEST DATE: 2lAhd90 DATE: NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD BY: Chairman of the Board COUNTY OF SAN DIEGO BY: Clerk, Board of Supervisors ATTEST APPROVED AS TO FORM AND LEGALITY DATE: BY: County Counsel