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
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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.
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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.
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1-5 / LA COSTA AVENUE
INTERCHANGE
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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
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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
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26
ATTEST:
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ACW~~LA (SEAL)
I1 Exhibit
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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
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