Loading...
HomeMy WebLinkAbout1997-06-17; City Council; 14211; Agreement between the City of Carlsbad and City of Encinitas for the maintenance of the La Costa Avenue/Piraeus/Park-N-Ride lot signal systemI 0 b . CITY OF CARLSBAD - AGEN d BILL .,I )I , 2 , ._f , < , ', .1 AB# )q! &1 I MTG. 6/17/97 DEPT. HD TITLE: AGREEMENT BETWEEN THE CITY MGF DEPT. ENG CITY ATT THE MAINTENANCE OF THE LA COSTA AVENUE/ CITY OF CARLSBAD AND CITY OF ENCINITAS FOR PIF?AEUS/PARK-N-RIDE LOT SIGNAL SYSTEM RECOMMENDED ACTION: Adopt Resolution No. 9 7 - 490 authorizing the Mayor to execute the between the City of Carlsbad and City of Encinitas for the Maintenance of the AvenuelPiraeuslPark-n-Ride Lot Signal System. I ITEM EXPLANATION: On December 26, 1996, Carlsbad and Encinitas entered into the Second Ame Various Circulation Element Roads within the Cities of Carlsbad and Encinitas. That stipulates that the City of Encinitas agrees to enter into a maintenance agree Carlsbad within six months following the date of the Second Amendment to I agreeing to make annual payments to Carlsbad for all costs to operate the Avenue/Piraeus/Park-n-Ride lot signal system currently under construction. Staff prepared the maintenance agreement for execution by the City of Encini maintenance agreement was signed by Encinitas Mayor John Davis on May 30, stipulates that Encinitas will reimburse Carlsbad the total annual maintenance and costs of the La Costa Avenue/Piraeus/Park-n-Ride lot signal system on an annual t system will be maintained by Carlsbad. Agreement between the City of Carlsbad and the City of Encinitas for the Cons FISCAL IMPACT: Annual operating and maintenance costs will be reimbursed to Carlsbad by tt- Encinitas. EXHIBITS: 1. Vicinity Map. a la 8 E a z I- o J 0 z 3 0 0 o_ 4 I 2. Resolution No. 4 3 - Y 90 authorizing the Mayor to execute the I between the City of Carlsbad and City of Encinitas for the Maintenance of the Avenue/Piraeus/Park-n-Ride Lot Signal System. 3. Agreement between the City of Carlsbad and City of Encinitas for the Maini the La Costa Avenue/Piraeus/Park-n-Ride Lot Signal System. 1 0 1-5 / LA COSTA AVENUE INTERCHANGE \ 1 2 3 4 5 0 0 RESOLUTION NO. 3-49,O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO AND CITY OF ENClNlTAS FOR THE MAINTENANCE OF THE LA EXECUTE THE AGREEMENT BETWEEN THE CITY OF CARLSBAD COSTA AVENUEIPIRAEUSIPARK-N-RIDE LOT SIGNAL SYSTEM. WHEREAS, Carlsbad and Encinitas entered into the Second Amendment to P 6 between the Cities of Carlsbad and Encinitas for the Construction of Various Circulatiol Roads on December 26, 1996; and 7 8 WHEREAS, Encinitas has agreed to reimburse Carlsbad annually the costs t 9 and maintain the La Costa AvenueIPiraeuslPark-n-Ride lot signal system; and 10 WHEREAS, both cities are required by the aforementioned Second Amen 11 Agreement to enter into a maintenance agreement for the La Costa AvenuelPiraeuslP: 12 lot signal system, 13 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 14 I I California, as follows: 1. That the above recitations are true and correct. 2. That in the best interests of inter-city cooperation for the open 15 16 maintenance of the La Costa AvenuelPiraeuslPark-n-Ride lot signal system that ser from Carlsbad, Encinitas, and also regional traffic, the City Council of the City of Carlsb; 17 l8 Encinitas for the maintenance of the La Costa AvenuelPiraeuslPark-n-Ride lot signal sy! 19 authorizes the Mayor to execute the agreement between the City of Carlsbad and tt 20 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cil 21 22 held on the 17th day of June , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall 23 NOES: None ABSENT: None 24 25 26 ATTEST: 27 i 28 ACW~~LA (SEAL) I1 Exhibit b 0 e AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF ENClNlTAS FOR THE MAINTENANCE OF THE LA COSTA AVENUE/ PIRAEUWPARK-N-RIDE LOT SIGNAL SYSTEM THIS AGREEMENT is made and entered into as of the 23rd da) JUNE , 192, by and between the CITY OF CARLSBAD, a munic corporation, hereinafter referred to as "Carlsbad", and the CITY OF ENCINITA: municipal corporation, hereinafter referred to as "Encinitas" in consideration of following: 1. Carlsbad and Encinitas have previously entered into the Sec Amendment to Agreement between the City of Carlsbad and the City of Encinitas d; December 26, 1996, for the construction of various circulation element roads w both the cities of Carlsbad and Encinitas stipulating that Encinitas will enter in1 maintenance agreement, whereby Encinitas will make annual payments to Carlsbac reimbursing all costs of operation of the La Costa AvenuelPiraeuslPark-n-Ride signal system, hereinafter referred to as "Project". 2. Carlsbad will operate and maintain the Project. 3. Encinitas will reimburse Carlsbad the total annual maintenance operating cost of the Project. Payments will be made to Carlsbad on an annual bl within thirty (30) days of receipt of the annual billing from Carlsbad. 4. Costs to be reimbursed by Encinitas to Carlsbad will accrue i commence on the date that the Project is energized. * 0 e 5. The City of Encinitas, at its sole expense, agrees to defend and indemr and hold harmless the City of Carlsbad and its officers, officials, employees and age1 from and against any and all liabilities, claims, demands, causes of action, loss1 damages and costs, including all costs of defense thereof, arising out of, or in 2 manner connected directly or indirectly with the design and construction of the tra signal at La Costa Avenue and Piraeus Street, andlor the operation and maintenancc the signal. 6. This agreement may not be modified, amended, or otherwise chan: except by a written amendment executed by the parties. IN WITNESS WHEREOF, this AGREEMENT is executed by the CITY CARLSBAD and by the CITY OF ENCINITAS pursuant to action taken by its ( Council. CITY OF ENCINITAS, Date:%& A 30 - I /w 7 Date: June 20, 1997 ATTEST: ATTEST: alktfk 2.2- DEBORAH CERVONE \ ALETHA L. l%UTENKRANZ, City Clerk City Clerk APPROVED AS TO FORM: RONALD R. BALL City Attorney OQP* pity Attorney I iI,4ITE IT - DON'T SAY ?! Q.yd;p,997 To C%C/ KP+=~J~&IW+ , GAL +ph [7 Reply Wanted Date From -b ~~LCDM %w, &*I?. 6edy Necessary -Tt+ll.cL ~R)G/W 46 m5wCi/yMwn dkt-ruww - -w=qV?@-v~ ~E'CN 5'6~~ by TtL FNC/A/~~?~ &tfW~f%, 7=w QfihCFrs5//ud &?d rotcaEN'hlQ G5(u- F'3q q/7 . -7" CQ/LL- $rurtcl-O"&I~cg 1/LhqyOfi L-mJi5 773 Yhfl.. oi/L1cLi [.ft SI&& You tw @-tgUW Fa o&l6(@&>(. WtL wlci- gcLQ O*G .. @ bb z C'qWd i2h.Wk nd-ko"% p en,c//srm. ~~ ~ ~~~ ~~~-~~~~~~~~~ ~~~~ ~~~ ~~ ~ ~ ~~~~~~ ~~~~~ ~~~~ ~ ~~ ~~ ~ ~~~ ~~