HomeMy WebLinkAbout1994-03-15; City Council; 12624; APPROVAL OF AGREEMENT FOR DESIGN AND CONSTRUCTION OF AVENIDA ENCINAS EXTENSION PROJECT NO. 3416A3 8 construction of the Avenida Encinas Extension, Project No. 341 6A.
3. Improvement Agreement with NCTD.
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LEGEND:
m FUTURE IMPROVE
-1 EXISTING IMPROL
AVENIDA ENCINAS EXTENSION
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RESOLUTION NO. 9 4 - 7 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT WITH
NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD FOR THE DESIGN AND CONSTRUCTION OF THE AVENIDA ENCINAS EXTENSION, PROJECT NO. 341 6-A
WHEREAS, the City Council of the City of Carlsbad, California, hereby finds it necc
desirable, and in the public interest to extend Avenida Encinas; and
WHEREAS, an agreement with the North San Diego County Transit Development
has been prepared and submitted hereto; and
WHEREAS, said agreement provides that upon request and within thirty (30) day
date of City Council approval, the North San Diego County Transit Development Bo
deposit funds in the amount of $207,000 in the project account; and
WHEREAS, the agreement between the City and North San Diego County
Development Board has been approved by the Executive Director of the North San Diego
Transit Development Board; and
WHEREAS, the City Council of the City of Carlsbad, California, hereby finds it nec
desirable, and in the public interest to approve said agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ci
California, as follows:
1. That the above recitations are true and correct.
2. That the attached improvement agreement between the City of Carlsbad ar
San Diego County Transit Development Board is hereby approved and that the Mayor
Clerk are authorized and directed to execute said agreement. The City Clerk is further
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authorized and directed to forward copies of the signed agreement to the North San
Diego County Transit Development Board, attention Ms. Beity Lam, 31 1 South Tremont
Oceanside, California] 92054, as well as the Engineering Department for processing.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C
held on the 15th day of MARCH , 1994 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard
NOES: None
ABSENT: Council Member Finnila
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
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IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: March 17, 1994
NORTH SAN DIEGO COUNTY
NAME OF DEVELOPER: TRANSIT DEVELOPMENT BOARD
NAME OF DEVELOPMENT: POINSETTIA TRANSIT STATION
CONDITION USE PERMIT: 93-2
ESTIMATED TOTAL COST OF IMPROVEMENTS: $207,000
THIS AGREEMENT is made and entered into by and between
City of Carlsbad, California, a Municipal Corporation of
State of California, hereinafter referred to as ltCitylt; and
North San Diego County Transit Board, hereinafter referred t
"Transit Boardf1.
RECITALS
A. Transit Board desires to enter into this agree
wherein it is provided that the City will install and complel
Transit Board's expense, minimum half street improvement
Avenida Encinas, extending from Encina Waste Water Treat
plant to south terminus of Avenida Encinas; and
B. Plans and specifications for the construct
installation and completion of the public improvement worE
being prepared by the City; and
C. An estimate of the cost of constructing the pi
improvements has been made and has been approved by City Eng.
and Transit Board in the amount of $207,000 is attached ht
and marked Exhibit A.
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NOW, THEREFORE, Transit Board and City agree as follow:
TRANSIT BOARD AGREES:
1. To deposit funds in the amount of $207,000 1 the City, within 30 (thirty) days of executio this contract.
2. To request the relocation of existing utili in Transit Board's property, if they conf
with the proposed improvements.
easements along Avenida Encinas to construct
project. Said easements shall be dedicate1 the City within thirty (30) days of receip easement document.
3. To dedicate to the City, all necessary
THE CITY OF CARLSBAD AGREES:
1. To design, construct and administer the pra
to completion.
2. To utilize the Transit Board funds for the de and construction of minimum half-st improvements on Avenida Encinas extenc including grading and minimum paving for
lanes, signing and striping and drainage.
3. To pay project costs for minimum st improvement exceeding $207,000.
4. To utilize any remaining Transit Board func install curb, gutter, and street lightin front of the Transit Board frontage.
5. To forward to the Transit Board a copy of final project costs, upon filling of notic
completion.
D. Entire Asreement. This agreement constitutes
entire agreement of the parties with respect to the SUI
matter. All modifications, amendments, or waivers of the
of this agreement must be in writing and signed by
appropriate representatives of the parties. In the case o
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CALIFORNIA ALL-PURPOSf ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF 58fi' o?E&(! )
On f'EA, & /y?'/ before me,
personally appeared, x T'cHHFJl /-d FZFEP c
(?kEA Y CD . f L d fl TUX, no J/Ky /?&< DATE NAME, TITLE OF OFFICER - E G , 'JANE 0012. NOTARY PueLic-
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiherltheir
capacltyfies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of LC
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Cornm #980097
NOTARY PUBLIC CALIFORNIA
SAN DIEGO COUNTY 0
- .LLt/d 0 * .fdkf7z 3 (SEAL)
@TARY PUBLIC SIGNATURE
OPTIONAL INFORMATION -
TITLE OR TYPE OF DOCUMENT ~$)'pAOdEfiFrt/~ /? 6KEEfifB/ vi'
DATE OF DOCUMENT </~o/'vY- S~WZD 8klm-r NUMBER OF PAGES Y
&U PO SIGNER(S) OTHER THAN NAMED ABOVE
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the City, the appropriate party shall be the City Manager.
7n c Executed by Transit Board this .A&’ day of -‘*C~/I 7 .-st t I 19-
NORTH SAN DIEGO COUNTY CITY OF CARLSBAD, a municj
TRANSIT DEVELOPMENT BOARD
Richard L. Fifer
(Name of Transit Board
Official) \
By :
, //‘ /- (,)-
~ j,. I /-
/nn,C/-/r?R,, A. /5;FL;r2
., ) ATTEST:
* tsign here)
(print name here) ALETHA L. ~UTENKRANZ
- City Clerk
(title and organization of signatory)
By :
LYk-Cm utz- -7) I R EC 1’0 e- kcrp
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgement of execution by Transit E!
must be attached)
(President or vice-president and secretary or assistant secre must sign for corporations. If only one officer signs,
corporation must attach a resolution certified by the secre
or assistant secretary under corporate seal empowering
officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL city orney
3/4/9y.
By : L.R. &,
Deputy City Attorney
3
9 Catch Basin 1
10 HP Gas (Concrete Cap) 850
SUBTOTAL
DESIGN LS
INSPECTION (1 0%)
CONTINGENCY (15%)
TOTAL
LESS (HALF OF COST INCREASE)
EA 2,500
LF 4
1
TOTAL $: