Loading...
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 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I.8 19 20 21 22 23 24 25 26 27 28 0 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 8 0 # : i, ‘i J” @ I) \ 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 W EP: KJ E: sjs p 4#w 9 &A i ,/!Jgd pAdkh CMWD 91-403 iM*w,L $2 4 9