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Home My WebLink About1982-12-14; City Council; 0; CONTRACT AGREEMENTS TRANSFER FUNDS LONGARD TUBEABft MTtt. 12/14/82 nppT ENG Ull \9,*r UAKLODAU — MUCniU k^3!LL. Kjw:nm TITLE: AWARD CONTRACT, APPROVE AGREEMENTS, AND TRANSFER FUNDS FOR THE LONGARD TUBE, CONTRACT NO. 1126 J <*•> DEPT. HD.B^<— CITY ATTY \)r& CITY MGR.*^— RECOMMENDED ACTION: Award Contract No. 1126 for the Longard Tube to Longard Pacific with conditions and transfer funds for the contract. ITEM EXPLANATION: Engineering has prepared a contract for the installation of 1082 feet of Longard Tube along the beach from 100 feet south of Elm to 100 feet north of Cedar. It is estimated that if three additional property owners sign the agreement and all property owners put up the required funds, this substantial reach can be installed on an experimental basis. Approval from all required agencies is expected by December 17, 1982, allowing the City to proceed with installation of the tube, beginning on December 19, 1982, which is the start of a favorable tide period. The City Manager has indicated that a noise ordinance waiver can be granted per Chapter 8.48.020 of the City Code. Faithful Performance Bond is being waived in order to expedite the project in accordance with the City Attorney's findings. FISCAL IMPACT: The City's portion of this contract is estimated at $10,160 to cover its 80 feet of beach frontage, which should be transferred to the Longard Tube Account No. 04-18-90-3133. Funds will have to come from the Contingency Reserve Account No. 01-19-50-2470, which currently has $1,053,847 in-it. The total cost of the overall project is $140,314.40. EXHIBITS: 1. Resolution No. 7092 awarding Contract No. 1126 to Longard Pacific with conditons. 2. Resolution Mo. 7093 approving agreemtns with landowners regarding the Longard Tube. 3. Resolution No. 7094 transferring funds for the Longard Tube. ZoB oz=>oo STATS OF CALIFORNIA STATE LANDS COMMISSION RECORDED AT THE REQUEST OF State of California/State Lands Commission Official Business — Document entitled to free recordation pursuant to Government Code Section 27383. WHEN RECORDED MAIL TO State Lands Commission 1807 - 13th Street Sacramento, CA 95814 Attention: Title Unit FOR RECORDERS USE ONLY W 23101 LEASE NO. This Lease consists of this summary and the fpllowing attached and incorporated parts: Section 1 Basic Provisions Section 2 Special Provisions amending or supplementing Section 1- or.4 - • " w- ** Section 3 Description of Lease Premises Section 4 General Provisions ' SECTION 1 BASIC PROVISIONS THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the STATE LANDS COM- MISSION (1807 -13th Street, Sacramento, California 95814), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Administrative Code, and for consideration specified in the Lease, does hereby lease, demise and let to: City of Carlsbad ; ; hereinafter referred to as Lessee: WHOSE MAILING ADDRESS IS:1200 Elm Avenue Carlsbad, California 92008 those certain lands described in Section 3 subject to the reservations, terms, convenants and conditions of this Lease. LEASE TYPE: General Permit - Public Agency Use __ LAND TYPE: Sovereign LOCATION: Pacific Ocean at Carlsbad, San Diego County LAND USE OR PURPOSE: revetment. Installation and maintenance of a protective Longard Tube . Forty-nine (49) yparV ginning December 1, 1982 November 30, 2031 CONSIDERATION: $ ( unless sooner terminated as provided under this Lease. Public benef subject to modification by Lessor as specified in Paragraph 2{b) of Section 4. Form61.t5(l/00» •AUTHORIZED IMPROVEMENTS: Q3ne Longard Tube revetment an<*"Vnd backfill D EXISTING: TO BE CONSTRUCTED; CONSTRUCTION MUST BEGIN BY: AND BE COMPLETED BY: June 1, 1983 LIABILITY INSURANCE:N/A SURETY BOND OR OTHER SECURITY:N/A SECTION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE. ITS PROVISIONS ARE AMENDED. REVISED OR SUPPLEMENTED AS FOLLOWS: 1. This lease shall be effective only insofar as Lessee has permission from all upland owners adjacent to the Lease Premises to maintain the improve ments authorized herein. ; . 2. It is an express condition of this Lease that should Lessee's permit from 'the California Coastal Commission be terminated and not extended then this lease shall terminate also. Lessee shall notify Lessor in the event of such termination, by the California Coastal Commission. SECTION 3 LAND DESCRIPTION • W 23101 A strip of tide and submerged land in the City of Carlsbad, County of San Diego, State of California beneath the proposed Longard Tubular Revetment and backfill as shown on the City of Carlsbad Engineering Department Drawing No. 222-2, Project No. CC-1126. : END OF DESCRIPTION PREPARED SEPTEMBER 22, 1982 BY BOUNDARY AND TITLE UNIT, LEROY WEED, SUPERVISOR SECTION 4 GENERAL PROVISIONS 1. GENERAL These provisions are applicable to all leases, permits, rights-of^ way, easements, or licenses or other interests in real property con- veyed by the State Lands Commission. 2. CONSIDERATION (a) Categories: (1) Rental: Lessee shall pay the annual rental as stated in Section 1 or 2 to Lessor without deduction, delay or offset, on or before the beginning date of this Leas*, and on or before each anni- versary of its beginning data during each year of the Lease term. * (2) Royalty or other consideration: Lessee shall pay a royalty or other consideration in the amount, method and manner as specified in Section 1 or 2. (3) Non-Monetary Consideration: If a monetary rental, royalty, or other consideration is not specified in Section 1 or 2, consideration to Lessor for this Lease shall be the public use, benefit, health or safety, as appropriate, however Lessor shall have the right to review such consideration at anytime and to set a monetary rental if the State Lands Commission, at its sole discretion, deter- mines that such action is in the best interest of the State. Lessee shall notify Lessor within ten (10) days in the event that the public is charged any direct or indirect fee for use and enjoyment of the Lease Premises. (b). Modification: Lessor may modify the amount or rate of consideration effec- tive on each fifth anniversary of the beginning date of this Lease. Should Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one (1) of the next four (4) anniversaries following such fifth anniversary, without prejudice to its right to effect such modification on the next or any succeed- ing fifth anniversary. Any modification of the amount or rate of consideration made pursuant to this paragraph shall conform to Title 2, Division 3 of the California Administrative Code and no such modification shall become effective unless Lessee is given written notice at least sixty (60) days prior to the effective dale. (c) Penalty and Intersil: Any installments of rental, royalty, or other consideration accruing under this Lease not paid when due shall be subject toa penalty and shall bear interest as specified in Public Resources Code Section 6224 and Section 2. 3. BOUNDARIES This Lease is not intended to establish the State's boundaries and is made without prejudice to either party regarding any boundary claims which may be asserted presently or in the future. 4. LAND USE (a) General: Lessee shall use the Lease Premises only for the purpose or purposes statad in Section 1 or 2 and only for the operation and maintenance of the improvements authorized in Section 1 or 2. Lessee shall commence use of the Lease Premises within ninety (90) days of the beginning date of this lease. Thereafter Lessee's discontinuance of such use for a period of ninety (90) days shall be conclusively presumed to be an abandonment. (b) Repairs and Maintenance; Lessee shall, at its own expense, keep and maintain the Lease Premises and all improvements in good order and repair and sale condition. (c) Additions, Alterations and Removal: (1) Additions — No improvements other than those ex- pressly authorized in Section 1 or 2 of this Lease shall be con- structed by the Lessee on the Lease Premises without the prior written consent of Lessor. Lessee shall notify Lessor within ten (10) days after commencing the construction of authorized improvements and within sixty (50) days after completing them. (2) Alteration or Removal — Except as provided under this Lease, no alteration or removal of existing improvements on or natural features of the Lease Premises shall be undertaken without the prior written consent of Lessor. (d) Conservation: Lessee shall practice conservation of water and other natural resources and shall prevent pollution and harm to the environ- ment in or on the Lease Premises. (e) Enjoyment: Nothing in this Lease shall preclude Lessee from excluding persons from the Lease Premises when their presence or activity constitute a material interference with Lessee's use and enjoy- ment of the Lease Premises as provided under this Lease. (f) Discrimination: Lessee in its use of the Lease Premisesshall not discriminate against any person or class of persons on the basis of race, color, creed, national origin, sex, age, or physical handicap. (g) Residential Use: Unless otherwise allowed under this Lease, improvements on the Lease'Premises shall not be used as a residence or for the purpose of mooring a floating residence. 5. RESERVATIONS, ENCUMBRANCES AND RIGHTS-OF-WAY (a) Reservations: (1) Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to oil, coal, natural gas and other hydrocarbons, minerals, aggregates, timber and geothermal resources, as well as the right to grant leases in and over the Lease Premises for the extraction of such natural resources, however such leasing shall bo neither inconsistent nor incompatible with the lights or privileges of Lessee under this Lease. (2) Lessor expressly reserves a right to go on the Lease Premises and all improvements for any purpose associated with this Lease or for carrying out any function required by ' law, or the rules, regulations or management policies of the State Lands Commission. Lessor shall have a right of reascn- able access to the Lease Premises across Lessee owned or occupied lands adjacent to the Lease Premises for any pur- pose associated with this Lease. (3) Lessor expressly reserves to the public an easement for convenient access across the Lease Premises to other State-owned lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease, however, sucheass- ment or right-of-way shall be neither inconsistent nor in- compatible with the rights or privileges of Lessee under this Lease. (4) Lessor expressly reserves the right to lease, convey, or encumber the Lease Premises, in whole or in part, during the lease term for any purpose not inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. (b) Encumbrances: This Lease may be subject to pre-existing contracts, leases, licenses, easements, encumbrances and claims and it is made without warranty by Lessor of title, condition or fitness of the land (or the stated or intended use. Form 61 15(1/80) (c) Rights-of-Way: If this Lease is for a right-of-way covering one or more pipe- lines or conduits, the Lease Premises include only land actually underlying the pipelines or conduits, and Lessor hereby grants to Lessee a non-exclusive right to go onto the lands adjacent to the Lease Premises as is reasonable and necessary for installation, inspection and maintenance of the pipelines or conduits. 6. RULES, REGULATIONS AND TAXES (a) Lessor and Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or ordinances of the State Lands Commission or any other governmental agency or entity having lawful authority and jurisdiction. (b) Lessee recognizes and understands in accepting this Lease that it may be liable for a possessory interest tax imposed by a city or county on its leasehold interest and that its payment of such a tax shall not reduce the amount of consideration due Lessor under this Lease and that Lessor shall have no liability for the payment of such a tax. 7. INDEMNITY (a) Lessor shall not be liable and Lessee shall indemnify, hold harmless and, at the option of Lessor, defend Lessor, itsofficers, agents, and employees against and for any and all liability, claims, damages or injuries of any kind and from any cause, occurring on the Lease Premises or improvements, or arising out of or con- nected in any way with the issuance of this Lease. (b) Lessee shall give prompt notice to Lessor in case of any accident, injury or casualty on the Lease Premises. 8. LIABILITY INSURANCE (a) If so specified in Section 1 or 2, Lessee shall obtain at its own expense and keep in full force and effect during the Lease term with an insurance company acceptable to Lessor compre- hensive liability insurance, for specified categories and amounts, insuring Lessee and Lessor agsinst any and all claims or liability arising out of the ownership, use, occupancy, condition or main- tenance of the Lease Premises and all improvements. (b) The insurance policy or policies shall name the State as an additional insured or co-insured party as to the Lease Premises and shall identify the Lease by its assigned number. Lessee shall provide Lessor with a certificate of such insurance and shall keep such certificate current. (c) The liability insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until all of the Lease Premises have been either accepted as im- proved by Lessor or restored pursuant to Paragraph 13. 9. SURETY BOND (a) If so specified in Section 1, Lessee shall provide a surety bond or other security device acceptable to Lessor, for the specified amount, and naming the State of California as the assured, to guarantee to Lessor the faithful observance and performance by Lessee of all of the terms, covenants and conditions of this Lease. (b) Lessor may increase the amount of the surety bond or other security device to cover any additionally authoii/ed improve- ments, alterations or purposes and any modification of consideration. (c) The surety bond or other security device shall be maintained in full force and effect at all times duriny the Lease term and sub- sequently until all of the Leaso Promises have been either accepted as improved by Lessor or restored pursuant to Para- graph 13. 10. ASSIGNMENT. ENCUMBRANCING OR SUBLETTING (a) Lessee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease and shall not sublet the Lease Premises, in whole or in part, or allow any person other than the Lessee's employees, agents, servants and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor. (b) This Lease shall be appurtenant to littoral or riparian land and any ownership interest or use rights of Lesste m such lands and it shall not be severed from such rights or interests without the prior written consent of Lessor. 11. DEFAULT AND REMEDIES (a) Default: The occurrence of any one or more of the following events shall constitute a default or breach of this Lease by Lessee: (1) Lessee's failure to make any payment of rental, royalty. or other consideration as required under this Lease. (2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease. (3) Lessee's vacation or abandonment of the Lease Premises during the Lease term. (4) Lessee's failure to observe or perform any other term, covenant or condition of this Lease to be observed or per- formed by the Lessee when such failure shall continue for a period of sixty (SO) days after Lessor's giving written notica; however, if the nature of Lessee's default or breach is such that more than sixty (60) days are reasonably required for its cure, then Lessee shall not be deemed to be in default or breach if Lessee commences such cure within such sixty (60) day period and diligently proceeds with such cure to completion. (b) Remedies: In the event of a default or breach by Lessee end Lessee's failure to cure such default or breach. Lessor may at any time and with or without notice do any one or more of the following: (1) Re-enter the Lease Premises, remove all persons and property, and respossess and enjoy such premises. (2) Terminate this Lease and Lessee's right of possession of the Lease Premises. Such termination shall be effective upon Lessor's giving written notice and upon receipt of such notice Lessee shall immediately surrender possession of thg Lease Premises to Lessor. (3) Maintain this Lease in full force and effect and recover any rental, royalty, or other consideration as they become due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises. (4) Exercise any other right or remedy which Lessor may have at law or in equity. 12. LESSEE'S TERMINATION Lessee may terminate this Lease for any reason upon giving Lessor at least sixty (60) days prior written notice. Lessee agrees that on the effective date of termination it shall responsibly leave and surrender the Lease Premises to Lessor m a state of rjood orcter, condition, repair, and restoration as provided under Paragraphs 4(h) and 13. The exercise of such right of termination shall not relMSo Lessee from liability for any unpaid but accrued rental, royalty or othor consideration which may be due under this Lease or from any otlvjf obligations still applicable under the Lease. No portion of jny ronta! paid by Lessee in advance shall be refundud. 13. RESTORATION OF LEASE PREMISES (a) Upon expiration or sconer termination of this Lease. Lessor may accept all or any portion of the Lease Premises, as then im- proved with structures, buildings, pipelines, machinery, facilities and fills in place; or Lessor may require Lessee to remove all or any portion of such improvements at its sole expense and risk: (2) Any such waiver shall not he deemed to be a waiver of any other term, covenant or condition or any other default or breach of any term, covenant or condition of this Lease. (b) Time: Time is of the essence of this Lease and each and all of its STATE OF CALIFORNIA COUNTY OF \ ss. One this day of and state, personnally appeared , in the year 19 , before me, , a Notary Public in and for said __ , county •— ,» known to me to be the that executedof the the within instrument, and also known to me to be the person who executed the within instrument on behalf of the • «.u '• 'therein names, and acknow- ledged to me that the executed the same. --.-.- -I*-WITNESS. WHEREOF. I have hereunto set my hand and affixed my official ' seal in the Cmmtv of -..» j...- —— —r—. ouncy ot :.. - the day and year in this certificate first above writ-ten. Notary Public, State of California My Commission Expires (Public Corp. Agency Acknowledgement) This lease will become binding upon tne oiaie oiny WHOM uuiy c^ the State of California; IN WITNESS WHEREOF, the parties hereto have executed this lease as of the date hereafter affixed. LESSEE City of Carlsbad *g\_xixQy..- MZMOMK. STATE OF CALIFORNIA STATE LANDS COMMISSION CASIJER Title. Mayor Date _ ACKNOWLEDGEMENT The issuance of this lease was authorized by the Stcita Lands Commision on (Month Day Year) * , '-J^' ' ' •'.,«** AGREEMENT 0^This agreement is entered into this _/ day of ^C^m^f^ , 1932 by and between the City of Carlsbad, a municipal corporation (hereinafter called City) and certain of the owners of property located along the west side of Ocean Street between Pine Avenue and Mountain View in the City of Carlsbad (hereinafter collectively referred to as property owners.) RECITALS 1. Property Owners desire to install a Longard Tube on the beach westerly of Ocean Street between Pine Avenue and Mountain View in the City of Carlsbad, as more specifically shown on Exhibit A attached hereto and made a part hereof. 2. Property Owners have requested that City administer a contract for the installation of the Longard Tube and to supervise its installation. In order to aid Property Owners in their desire to have a tube installed the City Council has agreed to Property Owners request. 3. Property Owners agree to bear the total risk and.1iability for installation of the Longard Tube. 4. Property Owners and City recognize there is no guarantee that the installation of a Longard Tube, as shown on Exhibit A, will protect the beach in the vicinity nor encourage the restoration of sand to the beach or that the V tube will not be damaged by wave action. 5. Property Owners agree to bear the entire cost of installation .and maintenance of a Longard" Tube as shown on Exhibit A except for those costs which the City agrees to bear pursuant to this contract. Property Owners agree that City shall bear no responsibility for the installation, maintenance or success of the Longard Tube. tf-... ,„.,,_ V' • "•***" property owner along the route of the Longard Tube. The City shall contribute a proportionate amount based on the 80 feet of public right of v/ay as shown on Exhibit A. If unanimous contribution is not achieved the project may nevertheless proceed provided that those Property Owners desiring to participate contribute sufficient monies so that the total amount deposited equals the estimated cost of installation of the Longard Tube. The monies deposited shall be in an interest bearing account. Any interest earned shall be first applied to the cost of the installation of the Tube. 5. City shall utilize the funds deposited by the Property Owners plus any interest earned on that amount to pay' for the installation of the Longard Tube. Property Owners agree to pay any additional amounts necessary for installa- tion of the Tube and expressly agree that the City shall bear no cost associated with the installation of the Tube except for those amounts contributed by the City pursuant to paragraph 4 hereof. If the cost of the Tube is less than the estimate, excess funds shall be returned to Property Owners in accord with the formula established in paragraph 8. 6. Property Owners agree to grant to City or adjoining property ov/ners any easements necessary for the installation and maintenance of the Longard Tube including, but not limited to, those easements necessary for the location of the Tube as well as any access easements necessary for the installa- tion or construction of the Longard Tube. Property Owners recognize that each * must grant the 'easements necessary for installation and maintenance of the Longard Tube and that anything short of unanimous participation in the grant of such easements will preclude the installation of the Tube. 7. Property Owners, agree to grant such easements and deposit such monies as are'necessary for the installation and maintenance of the Longard Tube within four weeks of the completion of the necessary survey, design and other 3. 6. Property Owners desire to have the Longard Tube installed as quickly as feasible in order to protect the beach from winter storms. Now, therefore, in consideration of these recitals and the mutual covenants contained herein, City and Property Owners agree as follows: 1. Property Owners shall deposit with the Finance Director the amount of $7,425.00, an amount which is estimated to pay for the cost of necessary design, survey and other work preparatory to the installation of the Longard Tube. Such money will be placed in an interest bearing trust account for the purpose of paying for the cost of the survey, design and preparatory work. Each Property Owner shall contribute toward this amount in proportion to the property footage owned by that property owner along the route of the Tube. In addition, Property Owners agree to share the amount for preliminary work which would be attributable to the City for that portion of the Tube which would be installed on existing City property or easements. 2. When the amount referred to in paragraph 1 has been collected, City shall commence the necessary survey, design and other work preparatory to the installation of the Longard Tube. 3. Upon completion of the survey, design and other preparatory work the City shall estimate the cost of installation of the Longard Tube as designed and shall meet with the Property Owners to review the design and estimate of the Installation cost. 4. Upon deposit with the Finance Director of the entire amount of the estimated installation cost by unanimous contribution of Property Owner's proportionate share of the cost, the City shall proceed to let the appropriate • « construction contracts and administer the contract for the installation of the Longard Tube. For the purposes of this section, proportionate share of the cost shall be determined in a proportion to the property footage owned by that 2. preparatory v/ork. City and Property Owners recognize that time is of the essence in the execution of this contract and therefore all parties agree to cooperate fully in the performance of their obligations under this agreement so that the Tube may be installed as quickly as feasible. 8. If for any reason installation of the' Longard Tube is made impossible, City shal"1 return to the Property Owners in proportion to their contribution to the total amount deposited,- that portion of'the money previously collected minus the cost of the initial survey, design and other work preparatory to the installation of the Longard Tube and any money expended by the City in its administration of the contract. 9. Property Owners agree to submit any environmental documents necessary to ensure compliance with the Carlsbad Environmental Protection Ordinance of 1980. 10. Property Owners agree that City shall have full power to administer the contract for the installation of the Longard Tube including issuing any change orders or order for extra work and Property Owners agree to bear any and all costs associated with such change order or order for extra work. 11. Property. Owners shall appoint a committee of three members who shall be authorized as agents of Property Owners to work directly with City on this project. • 12. Property Owners agree to hold the City harmless from any and all liability to persons or property arising otit of the installation, maintenance or existence of the Longard Tube or arising out of the manner in which the City administers the contract, for the installation or maintenance of the Longard Tube regardless of the City's, negligence, 13. Property Owners agree to maintain the Longard'Tube after its installation. This obligation may be met by paying to the City an amount established by the City Manager sufficient to cover the cost of City maintenance of the Longard Tube. „ . 14. Property Owners agree that City shall bear no responsibility in any manner whatsoever for the installation, maintenance or success of the Longard Tube. 15. Property Owners agree that City shall bear no responsibility for any delays which may arise in the execution of this agreement or of the agreement for the installation of the Longard Tube. 16. Property Owners agree to be. responsible for meeting all conditions contained in the Coastal Permit, a copy of which is attached and made a part hereof. 17. Property Owners agree to be responsible for meeting any conditions made a part of any other state or federal permit which may be required prior to installation of the Longard Tube. DATED this day of 1982. PROPERTY OWNERS '«ft CITY OF CARLSBAD, A Municipal Corporation of the State of California MARY H. CASLER, Mayor DATE Property Owners (continued) *••.— . -.,., 1 ""' 'AGREEMENT ' This agreement is entered into this j fi day of'fhl£'f%4S* 1982 by and between the City of Carlsbad, a municipal corporation (hereinafter called City) and certain of the owners of property located along the west side of Ocean :. * Street between Pine Avenue and Mountain View in the City of Carlsbad (hereinafter collectively referred to as property owners.) «: * RECITALS 1. Property Owners desire to install a Longard Tube on the beach westerly of Ocean Street between Pine Avenue and Mountain View in the City of Carlsbad, as more specifically shown on Exhibit A attached hereto and made a part hereof. 2. Property Owners have requested that City administer a contract for the installation cf the Longard Tube and to supervise its installation. In order to aid Property Owners in their desire to have a tube installed the City Council has agreed to Property Owners request. 3. Property Owners agree to bear the total risk and liability for installation of the Longard Tube. 4. Property Owners and City recognize there is no guarantee that the •installation of a Longard Tube, as shown on Exhibit A, will protect the beach in t'i'e vicinity nor encourage the restoration of sand to the beach or that the tube will not be damaged by wave action. 5. Property Owners agree to bear the entire cost of installation and maintenance of a Longard Tube as shown on Exhibit A except for those costs which the City agrees to bear pursuant to this contract. Property Owners agree that City shall bear no responsibility for the installation, maintenance or success of the Longard Tube. . ' 6. Property (K^rs desire to have the Longard >*i»dbe installed as quickly as feasible in order to protect the beach from winter storms. Now, therefore, in consideration of these recitals and the mutual covenants contained herein, City and Property Owners agree as follows: 1. Property Owners shall deposit with the Finance Director the amount « of $7,425.00, an amount which is estimated to pay for the cost of necessary design, survey and other work preparatory to the installation of the Longard Tube. Such money will be placed in an interest bearing trust account for the purpose of • • .paying for the cost of the survey, design and preparatory work. Each Property Owner shall contribute toward this amount in proportion to the property footage owned by that property ov/ner along the route of the Tube. In addition, Property Owners agree to share the amount for preliminary work which would be attributable to the City for that portion of the Tube which would be installed on existing City property or easements. . 2. When the amount referred to in paragraph 1 has been collected, City shall commence the necessary survey, design and other work preparatory to the installation of the Longard Tube. 3. Upon completion of the survey, design and other preparatory work the City shall estimate the cost of installation of the Longard Tube as designed and shall meet with the Property Owners to review the design and estimate of the installation cost. . 4. Upon deposit with the Finance Director of the entire amount of the estimated installation cost by unanimous contribution of Property Owner's proportionate share of the cost, the City shall proceed to let the appropriate construction contracts and administer the contract for the installation of the Longard Tube. For the purposes of this section, proportionate share of the cost shall be determined in a proportion to the property footage owned by that 2. property owner along the route of the Longard Tube. The City shall contribute a proportionate amount based on the 80 feet of public right of way as shown on Exhibit A. If unanimous contribution is not achieved the project may nevertheless proceed provided that those Property Owners desiring to participate contribute sufficient monies so that the total amount deposited equals the estimated cost of installation of the Longard Tube. The monies deposited shall be in an interest bearing account. Any interest earned shall be first applied to the cost of the installation of the Tube. 5. City shall utilize the funds deposited by the Property Owners plus any interest earned on that amount to pay for the installation of the Longard Tube. Property Owners agree to pay any additional amounts necessary for installa- tion of the Tube and expressly agree that the City shall bear no cost associated with the installation of the Tube except for those amounts contributed by the City pursuant to paragraph 4 hereof. If the cost of the Tube is less than the estimate, excess funds shall be returned to Property Owners in accord with the formula established in paragraph 8. . 6. Property Owners agree to grant to City or adjoining property owners any easements necessary for the installation and maintenance of the Longard Tube including, but not limited to, those easements necessary for the location of the Tube as well as any access easements necessary for the installa- tion or construction of the Longard Tube. Property Owners recognize that each must grant the easements necessary for installation and maintenance of the Longard Tube and that anything short of unanimous participation in the grant of such easements will preclude the installation of the Tube. 7. Property Owners agree to grant such easements and deposit such monies as are necessary for the installation and maintenance of the Longard Tube within four weeks of the completion of the necessary survey, design and other 3. preparatory work. City and Property Owners recognize that time is of the. essence in the execution of this contract and therefore all parties agree to cooperate fully in the performance of their obligations under this agreement so that the Tube may be installed as quickly as feasible. % 8. If for any reason installation of the Longard Tube is made impossible, City shall return to the Property Owners in proportion to their contribution to the total amount deposited, that portion of'the money previously collected minus the cost of the initial survey, design and other work preparatory to the installation of the Longard Tube and any money expended by the City in its administration of the contract. 9. Property Owners agree to submit any environmental documents necessary to ensure compliance with the Carlsbad Environmental Protection Ordinance of 1980. 10. Property Owners agree that City shall have full power to administer the contract for the installation of the Longard Tube including issuing any change orders or order for extra work and Property Owners agree to bear any and all costs associated with such change order or order for extra work. 11. Property Owners shall appoint a committee of three members who shall be authorized as agents of Property Owners to work directly with City on this project. • 12. Property Owners agree to hold the City harmless from any and all liability to persons or property arising out of the installation, maintenance or existence of the Longard Tube or arising out of the manner in which the City administers the contract for the installation or maintenance of the Longard Tube regardless of the City's negligence. 13. Property Owners agree to maintain the Longard Tube after its installation. This obligation may be met by paying to the City an amount established by the City Manager sufficient to cover the cost of City maintenance of the Longard Tube. 4. preparatory work. City and Property Owners recognize that time is of the essence in'the execution of this contract and therefore all parties agree to cooperate fully in the performance of their obligations under this agreement so that the Tube may be installed as quickly as feasible. » " 8. If for any reason installation of the Longard Tube is made impossible, City shall return to the Property Owners in proportion to their contribution to the total amount deposited, that portion of'the money previously collected minus the cost of the initial survey, design and other work preparatory to the installation of the Longard Tube and any money expended by the City in its administration of the contract. 9. Property Owners agree to submit any environmental documents necessary to ensure compliance with the Carlsbad Environmental Protection Ordinance of 1980. 10. Property Owners agree that City shall have full power to administer the contract for the installation of the Longard Tube including issuing any change orders or order for extra v/ork and Property.Owners agree to bear any and all costs associated with such change order or order for extra work. 11. Property Owners shall appoint a committee of three members who shall be authorized as agents of Property Owners to v/ork directly with City on this project. 12. Property Owners agree to hold the. City harmless from any and all liability to persons or property arising out of the installation, maintenance or existence of the Longard Tube or arising out of the manner in which the City administers the contract for the installation or maintenance of the Longard Tube regardless of the City's negligence. 13. Property Owners agree to maintain the Longard Tube after its installation. This obligation may be met by paying to the City an amount established by the City Manager sufficient to cover the cost of City maintenance of the Longard Tube. 4. 14. Property Owners agree that. City shall bear no responsibility in any manner whatsoever for the installation, maintenance or success of the Longard Tube. 15. Property Owners agree that City shall bear no responsibility for * any delays which may arise in the execution of this agreement or of the agreement for the installation of the Longard Tube. 16. Property Owners agree to be responsible for meeting all conditions contained in the Coastal Permit, a copy of which is attached and made a part hereof. 17. Property Owners agree to be responsible for meeting any conditions made a part of any other state or federal permit which may be required prior to installation of the Longard Tube. DATED this )^^ day of ,1982. •e^jt CITY OF CARLSBAD, A Municipal . Corporation of the State of California /_ _ _ __ MARY H. CA/LER, Mayor 7VTRCCT 5, Property Owners (continued) : AGREEMENT This agreement is entered into this //^ day of /^^W-lx > 1982 by and between the City of Carlsbad, a municipal corporation (hereinafter called City) and certain of the owners of property located along the west side of Ocean * Street between Pine Avenue and Mountain View in the' City of Carlsbad (hereinafter collectively referred to as property owners.) * * RECITALS 1. Property Owners desire to install a Longard Tube on the beach westerly of Ocean Street between Pine Avenue and Mountain View in the City of Carlsbad, as more specifically shown on Exhibit A attached hereto and made a part hereof. 2. Property Owners have requested that City administer a contract for the installation of the Longard Tube and to supervise its installation. In order to aid Property Owners in their desire to have a tube installed the City Council has agreed to Property Owners request. 3. Property Owners agree to bear the total risk and.1 iabil ity for installation of the Longard Tube. 4. Property Owners and City recognize there is no guarantee that the installation of a Longard Tube, as shown on Exhibit A, will protect the beach in the vicinity nor encourage the restoration of sand to the beach or that the tube will not be damaged by wave action. * 5. Property Owners agree to bear the entire cost of installation and maintenance of a Longard, Tube as shown on Exhibit A except for those costs which the City agrees to bear pursuant to this contract. Property Owners agree that City shall bear no responsibility for the installation, maintenance or success of the Longard Tube. 6. Property Owners desire to have the Longard Tube installed as quickly as feasible in order to protect the beach from winter storms. 'Now, therefore, in consideration of these recitals and the mutual covenants contained herein, City and Property Owners agree as follows: 1. Property Owners shall deposit with the Finance Director the amount of $7,425.00, an amount which is estimated to pay for the cost of necessary design, survey and other work preparatory to the installation of the Longard Tube. Such money will be placed in an interest bearing trust account for the purpose of paying for the cost of the survey, design and preparatory work. Each Property Owner shall contribute toward this amount in proportion to the property footage owned by that property owner along the route of the Tube. In addition, Property Owners agree to share the amount for preliminary work which would be attributable to the City for that portion of the Tube which would be installed on existing City property or easements. 2. When the amount referred to in paragraph 1 has been collected, City shall commence the necessary survey, design and other work preparatory to the installation of the Longard Tube. 3. Upon completion of the survey, design and other preparatory work the City shall estimate the cost of installation of the Longard Tube as designed and shall meet with the Property Owners to review the design and estimate of the installation cost. 4. Upon deposit with the Finance Director of the entire amount of the estimated installation cost by unanimous contribution of Property Owner's proportionate share of the cost, the City shall proceed to let the appropriate construction contracts and administer the contract for the installation of the Longard Tube. For the purposes of this section, proportionate share of the cost shall be determined in a proportion to the property footage owned by that 2. property owner along the route of the Longard Tube. The City shall contribute a proportionate amount based on the 80 feet of public right of way as shown on Exhibit A. If unanimous contribution is not achieved the project may nevertheless proceed provided that those Property Owners desiring to participate contribute" sufficient monies so that the total amount deposited equals the estimated cost of installation of the Longard Tube. The monies deposited shall be in an interest bearing account. Any interest earned sha-11 be first applied to the cost of the installation of the Tube. 5. City shall utilize the funds deposited by the Property Owners plus any interest earned on that amount to pay for the installation of the Longard Tube. Property Owners agree to pay any additional amounts necessary for installa- tion of the Tube and expressly agree that the City shall bear no cost associated with the installation of the Tube except for those amounts contributed by the City pursuant to paragraph 4 hereof. If the cost of the Tube is less than the estimate, excess funds shall be returned to Property Owners in accord with the formula established in paragraph 8-. 6. Property Owners agree.to grant to City or adjoining property owners any easements necessary for the installation and maintenance" of the Longard Tube including, but not limited to, those easements necessary for the location of the Tube as well as any access easements necessary for the installa- tion or construction of the Longard Tube. Property Owners recognize that each must grant the easements necessary for installation and maintenance of the Longard Tube and that anything short of unanimous participation in the grant of such easements will preclude the installation of the Tube. 7. Property Owners.agree to grant such easements'and deposit such monies as are necessary for the installation and maintenance of the Longard Tube within four weeks of the completion of the necessary survey, design and other 3. preparatory v/ork. City and Property Owners recognize that time is of the essence in the execution of this contract and therefore all parties agree to cooperate fully in the performance of their obligations under this agreement so that the Tube may be installed as quickly as feasible. * 8. If for any reason installation of the Longard Tube is made impossible, City shal"1 return to the Property Owners in proportion to their contribution to the total amount deposited, that portion of'the money previously collected minus the cost of the initial survey, design and other work preparatory to the installation of the Longard Tube and any money expended by the City in its administration of the contract. 9. Property Owners agree to submit any environmental documents necessary to ensure compliance with the Carlsbad Environmental Protection Ordinance of 1980. 10. Property Owners agree that City shall have full power to administer the contract for the installation of the Longard Tube including issuing any change orders or order for extra work and Property Owners agree to bear any and all costs associated with such change order or order for extra work. 11. Property Owners shall appoint a committee of three members who shall be authorized as agents of Property Owners to work directly with City on this project. 12. Property Owners agree to hold the C-ity harmless from any and all liability to persons or property arising out of the installation, maintenance or existence of the Longard Tube or arising out of the manner in which the City administers the contract for the installation or maintenance of the Longard Tube regardless of the City's, negligence. 13. Property Owners agree to maintain the Longard Tube after its installation. This obligation may be met by paying to the City an amount established by the City Manager sufficient to cover the cost of City maintenance of the Longard Tube. 14. Property Owners agree that City shall bear no responsibility in any manner whatsoever for the installation, maintenance or success of the Longard Tube. 15. Property Owners agree that City shall bear no responsibility for any delays which may arise in the execution of this agreement or of the agreement for the installation of the Longard Tube. 16. Property Owners agree to be responsible for meeting all conditions contained in the Coastal Permit, a copy of which is attached and made a part hereof. 17. Property Owners agree to be responsible for meeting any conditions made a part of any other state or federal permit which may be required prior to installation of the Longard Tube. DATED this ]5"tK day of A ft 1982. PROPERTY OWNERS CITY OF CARLSBAD, A Municipal Corporation of the State of California MARY H-. CASfER, Hay or DATE Property Owners (continued) AGREEMENT This agreement is entered into this _J£nf_ day of NovgrtjSgt? , 1982 by and between the City of Carlsbad, a municipal corporation (hereinafter called City) and certain of the owners of property located along the west side of Ocean Street between Pine Avenue and Mountain View in the,City of Carlsbad (hereinafter collectively referred to as property owners.) • RECITALS 1. Property Ov/ners desire to install a Longard Tube on the beach westerly of Ocean Street between Pine Avenue and Mountain View in the City of Carlsbad, as more specifically shown on Exhibit A attached hereto and made a part hereof. 2. Property Owners have requested that City administer a contract for the installation of the Longard Tube and to supervise its installation. In order to aid Property Owners in their desire to have a tube installed the City Council has agreed to Property Owners request. . 3. Property Owners agree to bear the total risk and liability for installation of the Longard Tube. 4. Property Owners and City recognize there is no guarantee that the installation of a Longard Tube, as shown on Exhibit A, will protect the beach in the vicinity nor encourage the restoration of sand to tha beach or that the tube will not be damaged by wave action. 5. Property Owners agree to bear the entire cost of installation and maintenance of a Longard Tube" as shown on Exhibit A except for those costs which the City agrees to bear pursuant to this contract. Property Owners agree that City shall bear no responsibility for the installation, maintenance or success of the Longard Tube. • 6. Property Owners desire to have the Longard Tube installed as quickly as feasible in order to protect the beach from winter storms. Now, therefore, in consideration of these recitals and the mutual covenants contained herein, City and Property Owners agree as follows: 1. Property Owners shall deposit with the Finance Director the amount «' of $7,425.00, an amount which is estimated to pay for the cost of necessary design, survey and other work preparatory to the installation of the Longard Tube. Such money will be placed in an interest bearing trust account for the purpose of paying for the cost of the survey, design and preparatory work. Each Property Owner shall contribute toward this amount in proportion to the property footage owned by that property owner along the route of the Tube. In addition, Property Owners agree to share the amount for preliminary work which would be attributable to the City for that portion of the Tube which would be installed on existing City property or easements. . • . 2. When the amount referred to in paragraph 1 has been collected, City shall commence the necessary survey, design and other work preparatory to the installation of the Longard Tube. 3. Upon completion of the survey, design and other preparatory work the City shall estimate the cost of installation of the Longard Tube as designed and shall meet with the Property Owners to review the design and estimate of the installation cost. 4. Upon deposit with the Finance Director of the entire amount of the estimated installation cost by unanimous contribution of Property Owner's • proportionate share of the cost, the City shall proceed to let the appropriate construction contracts and administer the contract for the installation of the Longard Tube. For the purposes of this section, proportionate share of the cost shall be determined in a proportion to the property footage owned by that 2. property owner along the route of the Longard Tube. The City shall contribute a proportionate amount based on the 80 feet of public right of way as shown on Exhibit A. If unanimous contribution is not achieved the project may nevertheless proceed provided that those Property Owners desiring to participate contribute sufficient monies so that the total amount deposited equals the estimated cost of installation of the Longard Tube. The monies deposited shall be in an interest bearing account. Any interest earned shall be first applied to the cost of the installation of the Tube. 5. City shall utilize the funds deposited by the Property Owners plus any interest earned on that amount to pay for the installation of the Longard Tube. Property Owners agree to pay any additional amounts necessary for installa- tion of the Tube and expressly agree that the City shall bear no cost associated with the installation of the Tube except for those amounts contributed by the City pursuant to paragraph 4 hereof. If the cost of the Tube is less than the estimate, excess funds shall be returned to Property Owners in accord with the formula established in paragraph 8. 6. Property Owners agree to grant to City or adjoining property owners any easements necessary for the installation and maintenance of the Longard Tube including, but not limited to, those easements necessary for the location of the Tube as well as any access easements necessary for the installa- tion or construction of the Longard Tube. Property Owners recognize that each must grant the easements necessary for installation and maintenance of the • Longard Tube and that anything short of unanimous participation in the grant of such easements will preclude the installation of the Tube. 7. Property Owners agree to grant such easements and deposit such monies as are necessary for the installation and maintenance of the Longard Tube within four weeks of the completion of the necessary survey, design and other 3. preparatory work. City and Property Owners recognize that time is of the essence in the execution of this contract and therefore all parties agree to cooperate fully in the performance of their obligations under this agreement so that the Tube may be installed as quickly as feasible. »• 8. If for any reason installation of the Longard Tube is made impossible, City shal" return to the Property Owners in proportion to their contribution to the total amount deposited, that portion of'the money previously collected minus the cost of the initial survey, design and other work preparatory to the installation of the Longard Tube and any money expended by the City in its administration of the contract. 9. Property Owners agree to submit any environmental documents necessary to ensure compliance with the Carlsbad Environmental Protection Ordinance of 1980. 10. Property Owners agree that City shall have full power to administer the contract for the installation of the Longard Tube including issuing any change orders or order for extra work and Property Owners agree to bear any and all costs associated with such change order or order for extra work. 11. Property Owners shall appoint a committee of three members who shall be authorized as agents of Property Owners to work directly with City on this project. 12. Property Owners agree to hold the City harmless from any and all liability to persons or property arising out of the installation, maintenance or existence of the Longard Tube or arising out of the manner in which the City administers the contract for "the installation or maintenance of the Longard Tube regardless of the City's negligence. 13. Property Owners agree to maintain the Longard Tube after its installation. This obligation may be met by paying to the City an amount established by the City Manager sufficient to cover the cost of City maintenance of the Longard Tube. 4. 14. Property Owners agree that. City shall bear no responsibility in any manner whatsoever for the installation, maintenance or success of the Longard Tube. 15. Property Owners agree that City shall bear no responsibility for any delays which may arise in the execution of this agreement or of the agreement for the installation of the Longard Tube. 16. Property Owners agree to be responsible for meeting all conditions contained in the Coastal Permit, a copy of which is attached and made a part hereof. 17. Property Owners agree to be responsible for meeting any conditions made a part of any other state or federal permit which may be required prior to installation of the Longard Tube. DATED this day of p &<-.5fA&£,a 1982. (TJ CITY OF CARLSBAD, A Municipal Corporation of the State of California By_/^L^^<^r *J - MARY H. CALLER, Mayor DATE 5. Property Owners (continued) AGREEMENT This agreement is entered into this iSTfr day of Novfttfrf(I , 1982 by and between the City of Carlsbad, a municipal corporation (hereinafter called City) and certain of the owners of property located along the west side of Ocean Street between Pine Avenue and Mountain View in the City of Carlsbad (hereinafter collectively referred to as property owners.) * RECITALS 1. Property Owners desire to install a Longard Tube on the beach westerly of Ocean Street between Pine Avenue and Mountain View in the City of Carlsbad, as more specifically shown on Exhibit A attached hereto and made a part hereof. . 2. Property Owners have requested that City administer a contract for the installation of the Longard Tube and to supervise its installation. In order to aid Property Owners in their dasire to have a tube installed the City Council has agreed to Property Owners request. 3. Property Owners agree to bear the total risk and liability for installation of the Longard Tube. 4. Property Owners and City recognize there is no guarantee that the installation of a Longard Tube, as shown on Exhibit A, will protect the beach in the vicinity nor encourage the restoration of sand to the beech or that the tube will not be damaged by wave action. 5. Property Owners agree to bear the entire cost of installation and maintenance of a Longard Tube as shown on Exhibit A except for those costs which the City agrees to bear pursuant to this contract. Property Owners agree that City shall bear no responsibility for the installation, maintenance or success of the Longard'Tube. - 6. Property Owners desire to have the Longard fuSe installed as quickly as feasible in order to protect the beach from winter storms. Now, therefore, in consideration of these recitals and the mutual covenants contained herein, City and Property Owners agree as follows: 1. Property Owners shall deposit with the Finance Director the amount * of $7,425.00, an amount which is estimated to pay for the cost of necessary design, survey and other work preparatory to the installation of the Longard Tube. Such money will be placed in an interest bearing trust account for the purpose of paying for the cost of the survey, design and preparatory work. Each Property Owner shall contribute toward this amount in proportion to the property footage owned by that property owner along the route of the Tube. In addition, Property Owners agree to share the amount for preliminary work which would be attributable to the City for that portion of the Tube which would be installed on existing City property or easements. • 2. When the amount referred to in paragraph 1 has been collected, City shall commence the necessary survey, design and other work preparatory to the installation of the Longard Tube. 3. Upon completion of the survey, design and other preparatory work the City shall estimate the cost of installation of the Longard Tube as designed and shall meet with the Property Owners to review the design and estimate of the installation cost. • . 4. Upon deposit with the Finance Director of the entire amount of the estimated installation cost by unanimous contribution of Property Owner's proportionate share of the cost, the City shall proceed to let the appropriate construction contracts and administer the contract for the installation of the Longard Tube. For the purposes of this section, proportionate share of the cost shall be determined in a proportion to the property footage owned by that 2. • ' • Sit**' property owner along the route of the Longard Tube. The City shall contribute a proportionate amount based on the 80 feet of public right of way as shown on Exhibit A. If unanimous contribution is not achieved the project may nevertheless proceed provided that those Property Owners desiring to participate contributei. sufficient monies so that the total amount deposited equals the estimated cost of installation of the Longard Tube. The monies deposited shall be in an interest bearing account. Any interest earned shall be first applied to the cost of the installation of the Tube. 5. City shall utilize the funds deposited by the Property Owners plus any interest earned on that amount to pay for the installation of the Longard Tube. Property Owners agree to pay any additional amounts necessary for installa- tion of the Tube and expressly agree that the City shall bear no cost associated with the installation of the Tube except for those amounts contributed by the City pursuant to paragraph 4 hereof. If the cost of the Tube is less than the estimate, excess funds shall be returned to Property Owners in accord with the formula established in paragraph 8. 6. Property Owners agree to grant to City or adjoining property owners any easements necessary for the installation and maintenance of the Longard Tube including, but not limited to, those easements necessary for the location of the Tube as well as any access easements necessary for the installa- tion or construction of the Longard Tube. Property Owners recognize that each must grant the easements necessary for installation and maintenance of the Longard Tube and that anything short of unanimous participation in the grant of such easements will preclude "the installation of the Tube. 7. Property Owners agree to grant such easements and deposit such monies as are necessary for the installation and maintenance of the Longard Tube within four weeks of the completion of the necessary survey, design and other 3. preparatory work-. City and Property Owners recognize that time is of the essence in the execution of this contract and therefore all parties agree to cooperate fully in the performance of their obligations under this agreement so that the Tube may be installed as quickly as feasible. »• 8. If for any reason installation of the Longard Tube is made impossible, City shall return to the Property Owners in proportion to their contribution to the total amount deppsited, that portion of'the money previously collected minus the cost of the initial survey, design and other work preparatory to the installation of the Longard Tube and any money expended by the City in its administration of the contract. 9. Property Owners agree to submit any environmental documents necessary to ensure compliance with the Carlsbad Environmental Protection Ordinance of 1980. 10. Property Owners agree that City shall have full power to administer the contract for the installation of the Longard Tube including issuing any change orders or order for extra work and Property Owners agree to bear any and all costs associated with such change order or order for extra work. 11. Property Owners shall appoint a committee of three members who shall be authorized as agents of Property Owners to work directly with City on this project. ' 12. Property Owners agree to hold the City harmless from any and all liability to persons or property arising out of the installation, maintenance or existence of the Longard Tube or arising out of the manner in which the City administers the contract for the installation or maintenance of the Longard Tube regardless of the City's negligence. 13. Property Owners agree to maintain the Longard Tube after its installation. This obligation may be met by paying to the City an amount established by the City Manager sufficient to cover the cost of City maintenance of the Longard Tube. 4. 14. Property Owners agree that.City shall bear no responsibility in any manner whatsoever for the installation, maintenance or success of the Longard Tube. : 15. Property Owners agree that City shall bear no responsibility for * .any delays which may arise in the execution of this agreement or of the agreement for the installation of the Longard Tube. 16. Property Owners agree to be responsible for meeting all conditions • , contained in the Coastal Permit, a copy of which is attached and made a part hereof. 17. Property Owners agree to be responsible for meeting any conditions made a part of any other state or federal permit which may be required prior to installation of the Longard Tube. . ' DATED this \S* day of ££c£fv\£>6fL 1982. CITY OF CARLSBAD, A Municipal Corporation of the State of California & 'By MARY H. CA2LER, Mayor PROPERTY OWNERS ' DATE STf.C£t 5. Property Owners (continued) 6. AGREEMENT This agreement is entered into this _£Tff_ day of ^gccHffcR 1982 by and between the City of Carlsbad, a municipal corporation (hereinafter called City) and certain of the owners of property located along the west side of Ocean Street between Pine Avenue and Mountain View in the City of Carlsbad (hereinafter collectively referred to as property owners.) • • RECITALS 1. Property Owners desire to install a Longard Tube on the beach westerly of Ocean Street between Pine Avenue and Mountain View in the City of Carlsbad, as more specifically shown on Exhibit A attached hereto and made a part hereof. 2. Property Owners have requested that City administer a contract for the installation of the Longard Tube and to supervise its installation. In order to aid Property Owners in their desire to have a tube installed the City Council has agreed to Property Owners request. 3. Property Owners agree to bear the total risk and .1iability for installation of the Longard Tube. 4. Property Owners and City recognize there is no guarantee that the installation of a Longard Tube, as shown on Exhibit A, will protect the beach •»<« the vicinity nor encourage the restoration cf ^«d to the beach or that the tube will not be damaged by wave -..ti^n. 5. Property o*v^rs.agree to bear the entire cost of installation and maintenance of a Longard Tube as shown on Exhibit A except for those costs which the C^'ly agrees to bear pursuant to this contract. Property Owners agree that City shall bear no responsibility for the installation, maintenance or success of the Longard Tube. 6. Property Owners desire to have the Longard Tube installed as quickly as feasible in order to protect the beach from winter s.torms. Now, therefore, in consideration of these recitals and the mutual covenants contained herein, City and Property Owners agree as follows: 1. Property Owners shall deposit with the Finance Director the amount of $7,425.00, an amount which is estimated to pay for the cost of necessary design, survey and other work preparatory to the installation of the Longard Tube. Such money will be placed in an interest bearing trust account for the purpose of paying for the cost of the survey, design and preparatory work. Each Property Owner shall contribute toward this amount in proportion to the property footage owned by that property owner along the route of the Tube. In addition, Property Owners agree to share the amount for preliminary work which would be attributable to the City for that portion of the Tube which would be installed on existing City property or easements. 2. When the amount referred to in paragraph 1 has been collected, City shall commence the necessary survey, design and other work preparatory to the installation of the Longard Tube. 3. Upon completion of the survey, design and other preparatory work the City.shall estimate the cost of installation of the Longard Tube as designed and shall meet with the Property Owners to review the design and estimate of the installation cost. 4. Upon deposit with the Finance Director of the entire amount of the estimated installation c^vi by unanimous contribution of Property Owner's proportionate share of the cost, the City blial"! proceed to le4: ^>e appropriate construction contracts and administer the contract f^ ri"-e installation of the Lr-.gafd Tube. For the purposes of thl* section, proportionate share of the cost shall be determined in a pro:--- r-"'on to the property footage owned by that 2. -""V V**1 property ov/ner along the route of the Longard Tube. The City shall contribute a proportionate amount based on the 80 feet of public right of way as shown on Exhibit A. If unanimous contribution is not achieved the project may nevertheless proceed provided that those Property Owners desiring to participate contribute sufficient monies so that the total amount deposited equals the estimated cost. of installation of the Longard Tube. The monies deposited shall be in an interest bearing account. Any interest earned shall be first applied to the cost of the installation of the Tube. 5. City shall utilize the funds deposited by the Property Owners plus any interest earned on that amount to pay for the installation of the Longard Tube. Property Owners agree to pay any additional amounts necessary for installa- tion of the Tube and expressly agree that the City shall bear no cost associated with the installation of the Tube except for those amounts contributed by the City pursuant to paragraph 4 hereof. If the cost of the Tube is less than the estimate, excess funds shall be returned to Property Owners in accord with the formula established in paragraph 8. 6. Property Owners agree to grant to City or adjoining property owners any easements necessary for the installation and maintenance of the Longard Tube including, but not limited to, those easements necessary for the location of the Tube as well as any access easements necessary for the installa- tion or construction of the Longard Tube. Property Owners recognize that each must grant the easements necessary for installation and maintenance of the Longard Tube and that anything short of unanimous participation in the grant of « such easements will preclude the installation of the Tube. 7. Property Owners, agree to grant such easements and deposit such monies as are necessary for the installation'and maintenance of the Longard Tube within four weeks ...' *>"» ---riei/iun of th'c- necessary survey, design and other 3. '•"milt preparatory v/ork. City and Property Owners recognize that time is of the essence in the execution of this contract and therefore all parties agree to cooperate fully in the performance of their obligations under this agreement so that the Tube may be installed as quickly as feasible. 8. If for any reason installation of the Longard Tube is made impossible, City shal1 return to the Property Owners in proportion to their contribution to the total amount deposited, that portion of'the money previously collected minus the cost of the initial survey, design and other work preparatory to the installation of the Longard Tube and any money expended by the City in its administration of the contract. 9. Property Owners agree to submit any environmental documents necessary to ensure compliance with the Carlsbad Environmental Protection Ordinance of 1980. 10. Property Owners agree that City shall have full power to administer the contract for the installation of the Longard Tube including issuing any change orders or order for extra work and Property Owners agree to bear any and all costs associated with such change order or order for extra work. 11. Property Owners shall appoint a committee of three members who shall be authorized as agents of Property Owners to work directly with City on this project. 12. Property Owners agree to hold the City harmless from any and all liability to persons or property arising out of the installation, maintenance or existence of the Longard Tube or arising out of the manner in which the City administers the contract for the installation or maintenance of the Longard Tube regardless of the City's, negligence. 13. Property Owners agrc>- *° maintain the Longard Tube after its installation. This obli':;^^ may be met by paying to the City an amount established fv *^- City Manager sufficient to cover the cost of City maintenance of the Lr.igard Tube. 14. 'Property Owners agree that City shall bear no responsibility in any manner whatsoever for the installation, maintenance or success of the Longard Tube. 15. Property Owners agree that City shall bear no responsibility for any delays which may arise in the execution of this agreement or of the agreement for the installation of the Longard Tube. 16. Property Owners agree to be responsible for meeting all conditions contained in the Coastal Permit, a copy of which is attached and made a part hereof. 17. Property Owners agree to be responsible for meeting any conditions made a part of any other state or federal permit which may be required prior to installation of the Longard Tube. DATED this day of p>, 1982. CITY OF CARLSBAD, A Municipal Corporation of the State of California MARY H. CASt£R, Mayor DATE Property Ov/ners (continued) AGREEMENT This agreement is entered into this _/£~'?^ day of _{)&C0pr\BJ&f{_ > by and between the City of Carlsbad, a municipal corporation (hereinafter called City) and certain of the owners of property located along the west side of Ocean Street between Pine Avenue and Mountain View in the City of Carlsbad (hereinafter collectively referred to as property owners.) • RECITALS 1. Property Owners desire to install a Longard Tube on the beach westerly of Ocean Street between Pine Avenue and Mountain View in the City of Carlsbad, as more specifically shown on Exhibit A attached hereto and made a part hereof. 2. Property Owners have requested that City administer a contract for the installation of the Longard Tube and to supervise its installation. In order to aid Property Owners in their desire to have a tube installed the City Council has agreed to Property Owners request. 3. Property Owners agree to bear the total risk and.1iability for installation of the Longard Tube. 4. Property Owners and City recognize there is no guarantee that the installation of a Longard Tube, as shown on Exhibit A, will protect the beach •*>• th<? vicinity nor encourage the restoration of sand to the beach or that the * tube will not DP damaged by .."-vt action. 5. Property Owners agree to 'u?*\~ the entir^- cost of installation'and maintenance of a L.:^—* Tube as shown on r\:.^n A except for those costs which the City agrees to bear pursuant to Ihis contract. Property Owners agree that City shall bear no responsibility for the installation, maintenance or success of the Longard Tube. <•*** 6. 'Property Owners desire to have the Longard Tube installed as quickly as feasible in order to protect the beach from winter storms. Now, therefore, in consideration of these recitals and the mutual covenants contained herein, City and Property Owners agree as follows: 1. Property Owners shall deposit with the Finance Director the amount of $7,425.00, an amount which is estimated to pay for the cost of necessary design, survey and otrier work preparatory to the installation of the Longard Tube. Such money will be placed in an interest bearing trust account for the purpose of paying for the cost of the survey, design and preparatory work. Each Property Owner shall contribute toward this amount-in proportion to the property footage owned by that property owner along the route of the Tube. In addition, Property Owners agree to share the amount for preliminary work which would be attributable to the City for that portion of the Tube which would be installed on existing City property or easements. . 2. When the amount referred to in paragraph 1 has been collected, City shall commence the necessary survey, design and other work preparatory to the installation of the Longard Tube. 3. Upon completion of the survey, design and other preparatory work the City shall estimate the cost of installation of the Longard Tube as designed and shall meet with the Property Owners to review the design and estimate of the installation cost. 4. Upon deposit with the Finance Director of the entire amount of the estimated installation cost by unanimous contribution of Property Owner's proportionate share of the cost, the City shall proceed to let the appropriate constriction contracts and administer the contract for the installation of Longard Tube. Fu, *^ purposes of this section, proporH- ....,-£ Miarc- of the cost shall be determined in a proportion t,, tj-iS ~— ... ^ *'cjtage owned by that 2. property ov;ner along the route of the Longard Tube. The City shall contribute a proportionate amount based on the 80 feet of public right of way as shown on Exhibit A. If unanimous contribution is not achieved the project may nevertheless proceed provided that those Property Owners desiring to participate contribute sufficient monies so that the total amount deposited equals the estimated cost of installation of the Longard Tube. The monies deposited shall be in an interest • bearing account. Any interest earned shall be first applied to the cost of the installation of the Tube. 5. City shall utilize the funds deposited by the Property Owners plus any interest earned on that amount to pay for the installation of the Longard Tube. Property Owners agree to pay any additional amounts necessary for installa- tion of the Tube and expressly agree that the City shall bear no cost associated with the installation of the Tube except for those amounts contributed by the City pursuant to paragraph 4 hereof. If the cost of the Tube is less than the estimate, excess funds shall be returned to Property Owners in accord'with the formula established in paragraph 8". 6. Property Owners agree to grant to City or adjoining property owners any easements necessary for the installation and maintenance of the Longard Tube including, but not limited to, those easements necessary for the location of the Tube as well as any access easements necessary for the ins*::" la- tion or construction of tht: Laggard Tube. Property Owners recognize tliat each must grant thu figments necessary for i~r<v.llation and maintenance of the (.cncard Tube and that anything short of unanimous participation in the grant of such easements will preclude the installation '." the Tube. 7. Property Owners, aurne to grant such easements and deposit such monies as are necessary for the installation an.d maintenance of the Longard Tube within four weeks of the completion of the necessary survey, design and other 3.7 preparatory work. City and Property Owners recognize that time is of the essence in the execution of this contract and therefore all parties agree to cooperate fully in the performance of their obligations under this agreement so that the Tube may be installed as quickly as feasible. 8. If for any reason installation of the Longard Tube is made impossible, City shaV return to the Property Owners in proportion to their • contribution to the total amount deposited, that portion of'the money previously collected minus the cost of the initial survey, design and other work preparatory to the installation of the Longard Tube and any money expended by the City in its administration of the contract. 9. Property Owners agree to submit any environmental documents necessary to ensure compliance with the Carlsbad Environmental Protection Ordinance of 1980. ' 10. Property Owners agree that City shall have full power to administer the contract for the installation of the Longard Tube including issuing any change orders or order for extra work arid Property Owners agree to bear any and all costs associated with such change order or order for extra work. 11. Property Owners shall appoint a committee of three members who shall be authorized as agents of Property Owners to work directly with City on this project. 12. Property Owners agree to hold the City harmless from any and all liability to persons or property arising out of the installation, maintenance or existence of the Loi^ard Tub^. or arising out of the manner in which the City administers the contract for the installation or maintenance of the i>.>Carcl Tube regardless of the City's, negligence. 13. Property Owners agree to maintain the Lonqar-J Tube after its installation. This obligation may be met by pa>?rig to the City an amount established by the City Manager sufficient ,<" cover the cost of City maintenance of the Longard Tube. - • 14. Property Owners agree that City shall bear no responsibility in any manner whatsoever for the installation, maintenance or success of the Longard Tube. 15. Property Owners agree that City shall bear no responsibility for any delays which may arise in the execution of this agreement or of the agreement for the installation of the Longard Tube. • 16. Property Owners agree to be responsible for meeting all conditions contained in the Coastal Permit, a copy of which is attached and made a part hereof. 17. Property Owners agree to be responsible for meeting any conditions made a part of any other state or federal permit which may be required prior to installation of the Longard Tube. DATED this 7£l day of U^^^^U>-&^ 1982. CITY OF CARLSBAD, A Municipal Corporation of the State of California MARY H. CASTER, Mayor PROPERTY OWNERS DATE Jessie" -, » J Property Owners (continued) 6. 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 RESOLUTION NO. 7092' A PESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AWARDING CONTRACT NO. 1126, LONGARD TUBE, WITH CONDITIONS The City of Carlsbad has received a bid for installation of the Longard Tube in the amount of $136,357.20. The bid comes from the sole source of the Longard Tube, Longard Pacific. * Approvals for the work must be obtained from the California Coastal Commission, the California State Lands Commission, and the Army Corps of Engineer before work can begin. The City anticipates receiving funds in the amount of $127,279.40 into Account No. 30-18-90-3133 for this contract. ' NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The above recitations are true and correct. 2. The bid by Longard Pacific as sole source is hereby accepted with the above stated conditions and the Mayor and City Clerk are hereby authorized to execute a contract therefore. PASSED, APPROVED AND ADOPTED by the City Council fo the City of Carlsbad at a special meeting held the 14th day of December, 1982, by the following i vote, to wit: AYES: Council Members Casler, Lewis, Kulchin and Chick NOES: None . ' . ABSENT: Council Member Prescott /flUxUO, J/. ATTEST: MARY H. CASLER, Mayor (/ (SEAL) 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 RESOLUTION NO. 7093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE AGREEMENTS WITH LANDOWNERS ON THE LONGARD TUBE The City Council of the City of Carlsbad, California, does hereby resolve as follows: * . 1. That agreements between the City of Carlsbad and the landowners involved in the Longard Tube, a copy of which is attached hereto as Exhibit "A" and made a part hereof, are hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreements for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at an adjourned meeting of the City Council of the City of Carlsbad, California, held on the 14th day of December, 1982, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick NOES: None ABSENT: Council Member Prescott //<f^ . MARY H. CASLER, Mayor ATTEST: _ _ THA'L.' "RAUTENKRANZV city (SEAL) 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 RESOLUTION NO. 7094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE TRANSFER OF FUNDS FOR LONGARD TUBE BEACH REVETMENT CONTRACT NO. 1126 BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the transfer of Ten Thousand, One Hundred and Sixty Dollars ($10,160) from the Contingency Reserve Fund, Account No. 01-19-50-2470, to Longard Tube, Account No. 30-18-90-3133, is hereby authorized and approved. 2. That the Department of Finance Fund No. 43 on file in said department and incorporated by reference herein is approved. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held the 14th day of December, 1982, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick NOES: None ABSENT: Council Member Prescott '4-H. CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL)