HomeMy WebLinkAbout1997-10-21; City Council; 14390; APPROVAL AND AUTHORIZATION TO SIGN THE MONITORING WELLS INDEMNITY AGREEMENT WITH THE NORTH COUNTY TRANSIT DISTRICT, CMWD 91-403AB# 1- TITLE:
10/21/97 MTG. ---
DEPT. CMWD
APPROVAL AND AUTHORIZATION TO SIGN THE
MONITORING WELLS INDEMNITY AGREEMENT WITH THE NORTH COUNTY TRANSIT DISTRICT, CMWD 91-403
DEPT. HD.
ClTY ATTy
CITY MGR
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RESOLUTION NO. 97-641
A RESOLUTION OF CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, FOR APPROVAL
AND AUTHORIZATION TO SIGN THE
MONITORING WELLS INDEMNITY AGREEMENT
WITH THE NORTH COUNTY TRANSIT DISTRICT,
CMWD PROJECT NO. 91-403
WHEREAS, the City of Carlsbad proposes installation of two monitoring
within the North County Transit District railroad right-of-way as part oi
Vista/Carlsbad Interceptor Sewer Project, Geotechnical Investigation, and the Cc
of San Diego requires the property owner to acknowledge full responsibilit
maintenance and destruction of wells on the owner's property; and
WHEREAS, the North County Transit District has submitted a request fc
agreement for indemnification from the responsibility of the maintenance
destruction of wells on their property solely related to the Vista/Carlsbad lnterc
Sewer Project, Geotechnical Investigation; and
WHEREAS, the City Council of the City of Carlsbad, has determin
necessary and in the public interest to approve and accept the indemnific
agreement with North County Transit District as a part of the investigation relat
the Vista/Carlsbad Interceptor Sewer Project;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the C
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the agreement between North County Transit District and the C
Carlsbad to indemnify North County Transit District from responsibility fo
monitoring wells installed on the behalf of the City and solely related tc
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VistaKarlsbad Interceptor Sewer Project, Geotechnical Investigation, be approvl
and accepted.
3. That the Mayor is authorized and directed to execute the propos
agreement between North County Transit District and the City of Carlsbad.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the C
Council of the City of Carlsbad held on the 21st day
October , 1997, by the following vote to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: None
CLAUDE A. LEWIS, Mayor
ATTEST:
,p -
AL*d<TE$*P
(SEAL)
Project Name:
Project Exhil
No, No
VISTA / CARLSBAD INTERCEPTER SEWER
REPLACEMENT PROJECT 91-403 t 1
*
October 3; 1997
Mr. Ward Willett
Liaison to NCTD
181 0 Mission Avenue
Oceanside, California 92054
RE: MONITORING WELLS INDEMNITY AGREEMENT
Dear Mr. Willett
In consideration of the agreement of NCTD to allow the City of Carlsbad to plac
monitoring wells on NCTD property to accomplish the Vista/Carlsbad Interceptor Sew<
Geotechnical Investigation, the City of Carlsbad hereby agrees to indemnify and hol
harmless the North County Transit District from and against all claims, damages, losse
and expenses, including attorney fees, arising out of the performance of the subjec
work caused by any willful misconduct or negligent act or omission of the City c
Carlsbad, its employees, or agents.
I
Executed by the City of Carlsbad thi
23rd day of OCTOBER , 19 97 .
~ ~~ L Magor - u-- - -
ATTEST:
M 1 ALETHA L. RAUTENKRANZ
City Clerk
1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 (61 9) 434-2820 FAX (61 9) 720-946
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October 2, 1997 -,/7
__ TO:
FROM:
KAREN KUNDTZ, DEPUTY CITY CLERK
William E. Plummer, District Engineer
AGREEMENT FOR MONITORING WELLS INDEMNITY AGREEMENT BETWEEI
THE NORTH COUNTY TRANSIT DISTRICT AND THE CITY OF CARLSBAD
Attached is the original subject agreement for execution by the City Manager or Mayc
upon adoption of resolution scheduled for the 10/14/97 City Council Agenda.
Please return the original to Kelly Efimoff, CMWD Engineering, for further processin
with the North County Transit District. If you have any comments or require an
additional information, please contact Kelly at ext. 124.
Sincerely,
n &&& 6/-T-2 WILLIAM E. PLUMMER, P.E.
District Engineer
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CMWD 91-403 iM*w,L $2
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