HomeMy WebLinkAbout2003-03-11; City Council; 17098; NCTD License Agreement Traffic Signal Interconnect7
CITY OF CARLSBAD -AGENDA BILL
4B# 17,098
CANNON COURT (CUP 99-30) IIITG. 311 1/03
- TITLE: NCTD LICENSE AGREEMENT
TRAFFIC SIGNAL INTERCONNECT
IEPT. ENG
RECOMMENDED ACTION:
Adopt Resolution No. 2003-066 authorizing the City Manager to execute the North San Diego
County Transit Development Board (NCTD) License Agreement for the construction and
maintenance of a traffic signal interconnect related to the Cannon Court project.
ITEM EXPLANATION:
On July 10, 2001, the City Council approved a conditional use permit for Cannon Court (CUP 99-30) allowing for the construction of a gas station, mini-mart, hotel and two restaurants on property
generally located at the northwest corner of Cannon Road and Interstate 5 in Local Facilities
Management Zone 3.
The conditional use permit was conditioned to install a traffic signal at the intersection of Cannon
Road and Avenida Encinas, and to coordinate its operation with the existing traffic signal at the
Interstate 5 off and on ramps just easterly of the project. Additionally, the project was conditioned to
coordinate the operation of both signals with the railroad crossing warning gates just westerly of the
project. In order to perform the work within the railroad right-of-way, and for its future maintenance,
NCTD requires that the City enter into a License Agreement with them. The developer will install the
interconnect conduit and wiring as part of the required improvements for the project.
Engineering staff has completed reviewing the improvement plans for the proposed improvements.
Prior to construction of the required public improvements, the License Agreement for the proposed interconnect within the NCTD right-of-way needs to be executed by the City. A copy of the
agreement is attached.
FISCAL IMPACT:
The developer has paid a plancheck fee to cover the expense of planchecking improvement plans,
and has also paid for the permit and inspection fees for the construction of the improvements. The
developer has paid all costs associated with the license agreement.
EXHIBITS:
1. Location Map.
2. Resolution No. 2003-066 authorizing the City Manager to execute the North San Diego
3. License Agreement.
County Transit Development Board License Agreement.
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EW 1 v>: .i 2
RESOLUTION NO. 2003-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE LICENSE AGREEMENT
BETWEEN THE CITY AND NORTH SAN DIEGO COUNTY
TRANSIT DEVELOPMENT BOARD.
WHEREAS, conditional use permit CUP 99-30 with conditions, was approved by the
planning Commission on May 16, 2001, pursuant to Resolution No. 4978 and by City Council on
July IO, 2001 pursuant to Resolution 2001-209; and
WHEREAS, the conditions of approval for said conditional use permit require the
zonstruction of public facilities within North County Transit Development Board property; and
WHEREAS, improvement plans for the required facilities have been reviewed by the City
and secured by West Development Inc., a Nebraska corporation, the owner; and
WHEREAS, prior to construction of the required facilities, North County Transit
3evelopment Board requires the City to enter into a License Agreement for facilities within their
xoperty; and
WHEREAS, the City Council of the City of Carlsbad determined it to be in the public
nterest to authorize the City Manager to execute said License Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
3alifornia, as follows:
1. That the above recitations are true and correct.
2. That improvement plans for utilities required by said conditional use permit CUP
39-30 have been reviewed and secured and are on file with the Public Works Director.
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3. That the City Manager is authorized to execute the License Agreement
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 11th day of MARCH , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard
4TTEST
Page 2 of 2 of Resolution No. 2003-066
(SEAL)
231.37-0402-SI-CA
APN 2 10-0 10- 10-00
; ‘x%/ rq1-1. 3 2 Aa r7,oqr xm7 LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“Agreement”) is made and entered into as of
the effective date of March 25, 2003, (“Effective Date”) by and between the
NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD (“NCTD”), and the
CITY OF CARLSBAD, (“Licensee”).
RECITALS
A. NCTD has policies regulating and governing the use of its Rights-of-way.
B. Licensee has applied for the issuance of a License in accordance with such
policies and NCTD has agreed to allow Licensee to use that portion of the
Right of Way identified in Exhibit A and depicted in Exhibit B (“License Area”),
subject to the terms and conditions of this Agreement.
C. Licensee agrees to be bound by the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
contained herein, the parties agree as follows:
1.
2.
3.
License to Use. In consideration of the covenants and conditions set forth in this
Agreement, NCTD licenses and permits Licensee to construct, maintain and use
an electrical conduit (“the Facility”), in the License Area, subject to applicable local,
state and federal law and this Agreement.
Authority Not Exclusive. This License is non-exclusive. The Licensee shall
respect the rights and property of NCTD and other authorized users of the Rights-of-
Way, easements, power poles, street light poles, vaults, and conduits. Except as
otherwise required by applicable law, disputes between the Licensee and parties
other than NCTD over the use, pursuant to this Agreement, of the easements, power
poles, street light poles, vaults, conduits and other rights-of-way shall be submitted
to NCTD for resolution. Licensee expressly agrees the Facility shall not interfere
with any use of the surface property.
Relocation. Licensee shall, at Licensee’s sole expense and within thirty (30) days
after receiving written notice from NCTD, protect, temporarily relocate, or remove the
Facility if NCTD determines, in its sole and absolute discretion, that the Facility is
inconsistent or interferes with NCTD’s current or planned use of the License Area or
Right-of-way. In consideration of NCTD’s agreement to enter into this License,
Licensee hereby waives any and all rights it may now have, or hereafter obtain, to
any “relocation assistance benefits” pursuant to the Federal Uniform Relocation
Assistance Act (42 U.S.C. § 4601 et seq.), the California Relocation Assistance law
(Cal. Gov. Code § 7260 et seq.) or any other statute that replaces or provides rights
similar to such statutes, if NCTD requires Licensee to relocate the Facility or makes
use of the Right-of-way in such a way as to ‘displace’ Licensee from the License
License Agreement
23 1.37-0402-SI-CA
Area. Licensee, further, shall in the future execute any further documentation of the
release and waiver provided hereby as NCTD may reasonably require.
4. Limitations on Use.
4.1 Licensee shall comply with all applicable terms, conditions and requirements of
NCTD's policies regarding rights-of-way and other NCTD ordinances, rules and
regulations. Licensee shall comply with all applicable laws and regulations of the
federal, state, county, local governments and all administrative agencies thereof
which may have jurisdiction over Licensee's proposed use of the License Area
and the use, construction, and maintenance of the Facility.
4.2Licensee shall not cause or permit any Hazardous Material to be used, stored,
transported, generated, or disposed in or about the License Area by Licensee or
Licensee's agents, employees, contractors, licensees, or invitees. "Hazardous
Material" means any hazardous, toxic, or infectious substance, material, or waste
which is or becomes regulated by any local governmental entity, the State of
California, or the United States Government under any law, regulation or
ordinance regulating or controlling any Hazardous Material (the "Hazardous
Materials Laws"), including, without limitation, any material, or substance which is
(i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted
hazardous waste" under California Health and Safety Code. §§ 251 15, 251 17 or
25122.7, or listed pursuant to California Health and Safety Code 5 25140, (ii)
defined as a "hazardous substance" under California Health and Safety Code 5
2531 6, (iii) defined as a "hazardous material," "hazardous substance" or
"hazardous waste" under California Health and Safety Code 5 25501 (v) defined
as a "regulated medical waste" under 40 C.F.R. § 259.10(a) or § 259.30, (v)
petroleum or petroleum product, (vi) asbestos, (vii) designated as a "hazardous
substance" pursuant to § 31 1 of the Federal Water Pollution Control Act (33
U.S.C. § 1317), (ix) defined as a "hazardous waste" pursuant to 5 1004 of the
Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 , et seq. (42
U.S.C. § 6903), or (x) defined as a "hazardous substance" pursuant to 5 101 of
the Comprehensive Environmental Response Compensation and Liability Act, 42
U.S.C. 5 9601 et seq. (42 U.S.C. 5 9601).
4.3 No use, construction, or maintenance by Licensee or on Licensee's behalf on the
License Area will interfere with any railroad operations on the Right-of-way.
4.4 Licensee shall not cross or permit the crossing over of the railroad tracks on the
Right-of-way except at public crossings approved by the California Public
Utilities Commission.
4.5Licensee shall not leave any personal property or equipment on the Right-of-way
unattended at any time.
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4.6 Licensee shall not install or use any underground storage tanks on the License
Area.
5. Insurance. Licensee, at Licensee's sole cost and expense, shall procure and
maintain the following insurance:
5.1 General Liability.
a, Coverage for commercial general liability shall be at least as broad as
Insurance Services Office Commercial General Liability Coverage
(Occurrence Form CG 0001).
b. Limits shall be no less than Two Million Dollars ($2,000,000) per occurrence
for bodily injury, personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply to the Right-of-way (with the IS0 CG
2503, or IS0 CG 2504, or insurer's equivalent endorsement provided to
NCTD) or the general aggregate limit shall be twice the required occurrence
limit.
c. The policy shall cover bodily injury (including death) and property damage
liability, owned and non-owned equipment, and blanket contractual liability.
d. All policy or endorsement limitations relating specifically to operations on or
near railroad property or track shall be eliminated.
5.2Automobile Liability.
a. Coverage for automobile liability insurance shall be at least as broad as
Insurance Services Office Automobile Liability Coverage (Form CA OOOl),
covering Symbol 1 (any auto).
b. Limits for shall be not less than one million dollars ($1,000,000) for bodily
injury and property damage each accident limit.
c. The insurance shall indemnify against loss from liability imposed by law for
damages on account of bodily injury, property damage, and personal injury.
The automobile liability policy shall cover all owned, non-owned, and hired
automobiles.
5.3Licensee shall cover or insure under the applicable laws relating to workers'
compensation insurance, all of their employees working on or about the Right-of-
Way, all in accordance with the "Workers' Compensation and Insurance Act,"
Division IV of the Labor Code of the State of California and any Acts amendatory
thereof. Licensee shall provide employers liability insurance in the amount of not less than one million dollars ($1,000,000) per accident for bodily injury and
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disease. By his/her signature hereunder, Licensee certifies that it is aware of the
provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake
self-insurance in accordance with the provisions of that code, and it will comply
with such provisions in connection with any work performed on the Site. Any
persons providing services with or on behalf of Licensee shall be covered by
workers' compensation (or qualified self-insurance).
5.4The general liability and automobile liability policies are to contain, or be
endorsed to contain the following provisions:
a. NCTD, its directors, officers, employees, contractors, agents or authorized
volunteers are to be named as additional insureds as respects liability arising
out of Licensee's operations and activities or automobiles owned, leased,
hired or borrowed by Licensee. The coverage shall contain no special
limitations on the scope of protection afforded to NCTD, its directors, officers,
employees, agents or authorized volunteers.
b. For any claims arising from Licensee's operations or activities, Licensee's
insurance shall be primary insurance to NCTD, its directors, officers,
employees, contractors, agents or authorized volunteers. Any insurance,
self-insurance or other coverage maintained by NCTD, its directors, officers,
employees, agents or authorized volunteers shall not contribute to it.
c. Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to NCTD,
its directors, officers, employees, contractors, agents or authorized
volunteers.
d. Licensee's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
5.5All of the insurance shall be provided on policy forms and through companies
reasonably satisfactory to NCTD.
5.6 Insurance is to be placed with insurers having a current A.M. Best rating of no
less than A-, VI1 or equivalent or as otherwise approved by NCTD.
5.7 Prior to execution of this License, Licensee shall file with NCTD a certificate of
insurance signed by the insurer's representative. Such evidence shall also
include confirmation that coverage includes or has been modified to include
required provisions as set forth in section 5.4. Licensee shall, upon the
reasonable demand of NCTD, deliver to NCTD such policy or policies of
insurance. Each insurance policy required by this clause shall state or be
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endorsed to state that coverage shall not be amended or canceled, except after
thirty (30) days prior.written notice by U.S. mail has been given to NCTD.
5.8 Every contractor or subcontractor of Licensee entering upon, using, or
performing any work upon the Right-of-way by or on behalf of Licensee shall
provide evidence of insurance required under this section 5 prior to entering upon
the Right-of-way.
5.9NCTD reserves the right to increase the limits for the insurance required by this
section 5 to amounts recommended by NCTD’s insurance risk manager or
insurance representative.
5.lONotwithstanding any other provision of this License, Licensee may self-insure
for any risk set forth in this Section 8 in the manner and to the extent that
Licensee self-insures for similar risks with respect to its operations, equipment,
and property. The manner in which such self-insurance is provided and the
extent of such self-insurance shall be set forth in a Certificate of Self Insurance,
delivered to NCTD and signed by an authorized representative of Licensee,
which futl describes the self-insurance program and how the program covers the
risks set forth in this Section 8. Insurance provided by a joint powers agency
insurance pool shall be considered self-insurance for the purposes of this
paragraph. If, at any time during the term of this License, Licensee elects not to
self-insure, Licensee shall comply with all applicable provisions of this Section 8
to the extent that Licensee does not so self-insure.
6. Iudemnification. Licensee agrees to protect, save, defend, and hold harmless
NCTD and its Board and each member of the Board, the San Diego Northem
Railroad, the National Railroad Passenger Corporation (“AMTRAK”), the Southern
California Regional Rail Authority (“SCRRA” or “Metrolink”), and the Burlington
Northern Santa Fe Railway Company (“BNSF”), their officers, agents and employees
from any and all liability or claim of liability, loss or expense, including defense costs
and legal fees and claims for damages of whatsoever character, nature and kind, -
whether directly or indirectly arising from or connected with an act or omission of
Licensee, or any employee, agent, invitee, or contractor of Licensee, or other person
acting by or on behalf of Licensee on or about the Right-of-way, including, but not
limited to, liability, expense, and claims for bodily injury, death, personal injury, or
property damage; provided, however, that nothing herein shall relieve any party
indemnified hereunder from liability to the extent that such liability arises from such
party’s sole established negligence or willful misconduct. The requirements as to the
types and limits of insurance coverage to be maintained by Licensee as required by
section 5, and any approval of such insurance by NCTD, are not intended to and
shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by Licensee pursuant to this Agreement, including but not limited to the
provisions concerning indemnification.
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7. Construction.
7.1 Any work performed or caused to be performed by Licensee on the License Area
shall be performed (a) at Licensee’s sole cost and expense; (b) in accordance
with any and all applicable laws, rules and regulations (including the NCTD’s
rules and regulations) and (c) in a manner that is satisfactory to NCTD and which
meets or exceeds the then applicable standards of the industry for such work.
7.2Licensee shall submit to NCTD for review and approval prior to commencement
of any construction drawings, specifications, and other construction documents
describing any proposed work in the License Area in sufficient detail to enable
NCTD to determine the scope and nature of the proposed work and the potential
effect of such work on the Right-of-way and train operations. NCTD may
approve or disapprove any work in NCTD’s sole and absolute discretion, and
NCTD may require such changes or impose such conditions as NCTD, in its sole
and absolute discretion, deems necessary or appropriate.
7.3 Licensee shall provide NCTD and all holders of underground utility facilities
located within the License Area with at least seven (7) calendar days written
notice prior to commencement of any work on the License Area. In the event of
an emergency, Licensee shall notify NCTD personally or by telephone prior to
commencing any work. Upon completion of any work, Licensee shall restore the
License Area to its condition immediately preceding the commencement of the
work.
7.4Every individual who will be entering upon the License Area or Right-of-way
under this Agreement, before entering, shall first attend a class conducted by
NCTD or NCTD’s designee on Railroad Worker Protection Safety rules and
regulations. Licensee shall pay all costs associated with such class.
7.5Not less than three (3) business days prior to each entry on the License Area or
Right-of-way, Licensee shall complete the “Flag Protection Right-of-way Work
Request” form, attached hereto as Exhibit “C.” The need for flag protection for
Licensee’s operations on or adjacent to the Right-of-way shall be determined in
the sole discretion of NCTD’s Manager of Maintenance of Way. In the event that
the Manager of Maintenance of Way determines that flag protection is necessary,
Licensee shall not enter upon or use the License Area until flag protection has
been provided. Licensee shall pay all costs of flag protection. NCTD shall use
reasonable efforts to provide flag protection on the dates and times of Licensee’s
requested entries, provided that any work by NCTD, BNSF, or AMTRAK that
requires flag protection shall take priority. NCTD shall not be liable for any costs,
expenses, or claims if flag protection is not provided on Licensee’s requested
dates or times of entry.
7.6Licensee shall, upon NCTD’s request and at Licensee’s expense, install barrier
fencing, K-rail, and/or landscaping to shield the railroad track area from public
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access and or the improvements thereon from public view. NCTD shall have the
right to review and approve fencing andlor landscaping plans prior to installation.
7.7NCTD's review and inspection of the drawings, specifications, construction
documents, and work is for the purpose of examining the general arrangement,
design, and details of the work for potential impact on the Right-of-way and
railroad operations. NCTD and NCTD's employees, consultants, and agents
assume no responsibility for and make no representations or warranties, express
or implied, as to the design, condition, workmanship, or adequacy of the
drawings, specifications, construction documents, or work. No review,
comments, requirements, or inspection shall relieve Licensee or Licensee's
engineers, contractors, subcontractors, or consultants from the entire
responsibility for the errors or omissions in the drawings, specifications, or
construction documents, or for the quality or adequacy'of the work.
8. Reimbursement ofNCTD. Licensee shall reimburse NCTD, within 30 days of
invoice, for all cost and expense incurred by NCTD in connection with NCTD's
review and processing of this Agreement and any work performed by or for Licensee
on the License Area. These costs include, but are not limited to, NCTD staff time
and consultants fees for the expenses of reviewing construction documents,
conducting railroad safety training, marking out of railroad facilities, inspections,
security, flag protection, the installation and removal of false work beneath tracks,
equipment rentals, and restoration of the Right-of-way to the same condition as
when Licensee entered thereon. Upon execution of this License, Licensee shall
deposit with the NCTD the amount determined by NCTD to be the probable amount
of reimbursable expenses. NCTD may deduct the costs and expenses from the
deposit as such costs and expenses are incurred. Costs of services provided by
NCTD employees will be charged at the employees' fully loaded productive hourly
rates (monthly salary and benefits divided by 150 hours). Services provided by
NCTD consultants, equipment rentals, and other third party costs will be charged at
cost plus a 7.2% administrative fee. Upon demand by NCTD, Licensee shall make
any additional deposits that NCTD determines are necessary to reimburse NCTD for
the costs and expenses incurred by NCTD. In the event that the costs and
expenses incurred by NCTD exceed the amounts deposited, Licensee shall
reimburse NCTD for all such costs and expenses within 30 days of invoice.
9. Maintenance and Repair. Licensee shall, at Licensee's sole expense, maintain the
Facility and License Area in a condition satisfactory to NCTD and in accordance with
applicable governmental codes. Licensee shall be responsible for any citations
issued by any agency having jurisdiction as a result of Licensee's failure to comply
with any applicable law, regulation, ordinance, rule, or order.
IO. Taxes. Nothing contained in this Agreement shall be construed to exempt the
Licensee from any tax levy or assessment which is or may be hereafter lawfully
imposed. Notice is hereby given pursuant to Revenue and Tax Code Article 107.6
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that this License may create a property interest subject to property taxation and may
subject Licensee to the payment of property taxes levied on such interest.
77.Default; Termination. In the event that Licensee fails to perform any obligation
under this Agreement, Licensee shall pay all costs and expenses incurred by NCTD
in obtaining performance of such obligations, including costs of suit and reasonable
attorney's fees. If Licensee uses the Right-of-way for any purpose not expressly
authorized by this Agreement or fails to act strictly in accordance with the terms and
conditions of this Agreement, and if such default is not corrected within 30 days'
notice from NCTD to Licensee, NCTD may terminate this Agreement and present
Licensee from using or remaining upon the Right-of-way. If NCTD determines that
any default by Licensee does or has the potential to cause a danger to the Right-of-
Way or railroad operations, NCTD may immediately and without prior notice to
Licensee terminate this Agreement and prevent Licensee from using or remaining
upon the Right-of-way, with or without process of law. Upon termination of this
Agreement, Licensee shall, at Licensee's sole expense, remove the Facility and all
other Licensee improvements in or upon the Right-of-way and restore the Right-of-
Way in a manner satisfactory to NCTD. Should Licensee fail or refuse to comply
with the terms of this section,' NCTD may, at its option, perform such work, and
Licensee shall reimburse NCTD for all costs and damages so incurred.
12. Service of Notice. Except as otherwise provided in this Agreement, any notice
required or permitted to be given hereunder shall be in writing and may be given by
personal delivery or by certified or registered mail, and shall be deemed sufficiently
given if delivered or addressed to Licensee at the address listed below the
Licensee's signature or to NCTD at North San Diego County Transit Development
Board, 810 Mission Avenue, Oceanside, CA 92054, Attention: Manager of Real
Estate. Mailed notices shall be deemed given upon actual receipt at the address
required, or forty-eight hours following deposit in the mail, postage prepaid,
whichever first occurs. Either party may by notice to the other specify a different
address for notice purposes.
13. Vibration and Noise from Train Operation; Barricades. Licensee recognizes and
acknowledges that railroad tracks are located on or adjacent to the License Area
and that the operation of trains over the tracks does and will produce vibrations
which may affect the Facility and Licensee's use of the License Area. ' With
knowledge and understanding of these facts, Licensee by execution of this
Agreement, agrees that no legal action or complaint of any kind whatsoever shall be
instituted against NCTD by Licensee or on Licensee's behalf as result of vibrations
or as a result of the use of the railroad tracks in general.
14.LawsY Venues, and Attorneys' Fees. This Agreement shall be interpreted in
accordance with the laws of the State of California. If any action is brought to
interpret or enforce any term of this Agreement; the action shall be brought in a state
or federal court situated in the County of San Diego, State of California. In the event
of any claim, legal action or proceeding between the parties arising under or
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concerning this License, the prevailing party shall be entitled to reasonable
attorneys' fees and expenses as part of the judgment resulting therefrom.
15.Acceptance of License Area. Licensee accepts the License Area in its present
physical "as-is" condition, and agrees to make no demands upon NCTD for any
improvements or alterations. By signing this License, Licensee represents and
warrants that Licensee has independently inspected the License Area and the area
immediately surrounding and made all investigations, tests, and observations
necessary to satisfy Licensee as to the condition of the License Area, zoning and
land use laws, regulations, and ordinances affecting the License Area, and all of the
conditions, restrictions, encumbrances, and other matters of record relating to the
License Area. Licensee agrees that Licensee is relying solely on Licensee's
independent inspection and that NCTD has made no warranty or representation with
regard to the License Area.. NCTD shall not be responsible for any latent defect or
change in condition in the License Area and Licensee's obligations under this
License shall not be diminished on account of any defect in the License Area, any
change of condition, or any damages occurring on the License Area. In case of the
eviction of Licensee by anyone owning or claiming title to or any interest in the
License Area, NCTD shall not be liable to Licensee for any damage of any nature
whatsoever or to refund any moneys paid hereunder. Licensee hereby releases
NCTD from all future claims, actions, or demands that Licensee may have or may
hereinafter have, known and unknown, in any way relating to the quality, fitness, or
condition of the License Area, and Licensee specifically waives all rights under
' California Civil Code section 1542, which provides as follows:
\
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor."
[this section intentionally left blank]
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IN WITNESS WHEREOF, the parties have signed below, effective as of the
Effective Date, by their duly authorized representatives.
NCTD: Licensee:
North San Diego County Transit City of Carlsbad
Development Board
APPROVED AS TO FORM:
Licensee's Address:
1200 Carlsbad Village Drive
Carlsbad, CA 92008
10
JANUARY 27, 2003
JOB NO.: 991004
PAGE 1 OF 1
EXHIBIT 'A'
NCTD LICENSE AREA (TRAFFIC SIGNAL)
ALL THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO PETITION MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAND DIEGO COUNTY,
NOVEMBER 16, 1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN
DEED TO WEST DEVELOPMENT, INC., A NEBRASKA CORPORATION, IN
DEED RECORDED SEPTEMBER 29, 1998 AS FILE NO. 1998-0621950,
AS SHOWN ON RECORD OF SURVEY NO. 16546 RECORDED APRIL 14,
2000; THENCE SOUTH 67'31'39" WEST, 60.00 FEET TO A POINT ON
THE EASTERLY RIGHT-OF-WAY OF NORTH SAN DIEGO COUNTY TRANSIT
DEVELOPMENT BOARD (NCTD), SAID POINT BEING THE TRUE POINT
OF BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY, SOUTH 22 "30 12"
EAST, 102.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
OF CANNON ROAD, 102.00 FEET WIDE; THENCE ALONG SAID
SOUTHERLY RIGHT-OF-WAY SOUTH 67"31'39" WEST, 1OO.OO FEET TO
A POINT ON THE WESTERLY RIGHT-OF-WAY OF NORTH SAN DIEGO
COUNTY TRANSIT DEVELOPMENT BOARD (NCTD) ; THENCE ALONG SAID
WESTERLY RIGHY"OF-WAY NORTH 22"30'12" WEST, 102.00 FEET TO
A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID CANNON ROAD;
THENCE ALONG SAID NORTHERLY, RIGHT-OF-WAY NORTH 67 "31 '39"
EAST, 100.00 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 10,200 SQUARE FEET MORE OR LESS
CANNON COURT MS 99-16
NCTD LICENSE ARE^ (mmc SIGNAL)
-00- SUBDMSIOON BOUNDARY MS 99-16 ""- MIS77NG GISEMENT LINE
CANNON COURT
IL i I
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-Q B 6 s 3
MS 99-16
f
0' 25' 100' 7 2b*
SCALE: 1' = loo'
REQUESTED BY:
EASEMENT DA TA I
EXHIBIT 'B'
NCTD LICENSE AREA (TRAFFIC SIGNAL) SHT. 2 OF 2 SHTS.
PREPARED BY:
WEST DEVELOPMENT INC. A.P.N. Nh
DATE 01 -27-03
b1\JbBR991004\9mvb 1 " 27 03 947 14/ pn
XREFS: 99WAP
Exhibit C
Job Name: Control Number:
Billable Party: Hours Authorized:
FLAG PROTECTION
RIGHT-OF-WAY WORK REQUEST
1. Work performed on the NCTD RIGHT-OF-WAY which involves personnel or equipment
must have an NCTD-supplied flagperson for duration of the work, unless specifically
waived by NCTD. Cost of the flag person shall be borne by the party requesting the
the work. Depending on the extent of the work, NCTD may require the requesting party
to provide a deposit to cover the estimated cost of the flag protection.
2. Work Request form MUST BE FILLED OUT COMPLETELY AND RETURNED
. TO NCTD A MINIMUM OF 72 HOURS PRIOR TO THE BEGINNING OF THE WORK.
PLEASE RETURN FORM TO:
North San Diego County Transit Development Board 81 0 Mission Avenue Oceanside, CA 92054
Attention: JIM CUNNINGHAM PHONE: (760) 966-6538 FAX: (760) 754-0644
_."
3. Depending on the nature of the work, NCTD may request a meeting at the job site
prior to approving the work request.
_."-.-.""l."..".l ""1""
4. Contractor shall sign time cards of personnel providing flag protection.
5. Contractor requesting a flag person will be charged a minimum of four hours show-up time
if no Contractor personnel is on the jobsite at the time and date specified in this request.
~~~~~~~~~~~~~~~.~~~~~~~~~~~~~~:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NAME OF CONTRACTOR:
BILLABLE PARTY:
Address:
City: State: CA Zip:
PURPOSE OF WORK:
EQUIPMENT TO BE USED:
__
WORK START DATE:
COMPLETION DATE:
PHONE:
LOCATION OF WORK:
TIME:
TIME:
PERSON IN CHARGE AT WORK SITE:
CONTRACTOR'S SIGNATURE: DATE:
APPROVED BY:
PRINT NAME:
DATE:
MP#:
NC T D
April 9, 2003
Janice Breitenfeld
City of Carlsbad
I200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: Signal License Cannon Court
NCTD# 231.37-0402-SI-CA
Dear Ms. Breitenfeld:
Enclosed is a fully signed original License Agreement including a plat and legal
description.
If you need anything further, please let me know.
Edward J. Singer
Real Estate Asset Administrator
March 17,2003
Karen King, Executive Director
North County Transit District
81 0 Mission Avenue
Oceanside, CA 92054
Re: License Agreement
Dear Ms. King:
On March 11, 2003, the Carlsbad City Council approved Resolution No. 2003-
066 authorizing the Carlsbad City Manager to execute the License Agreement
between the City and North San Diego County Transit Development Board for
the construction of public facilities within NCTD Board's property. Enclosed is a
copy of Resolution No. 2003-066 'and three original License Agreements signed
by Ray Patchett, City Manager, memorializing this action.
Please sign and date one of the original License Agreements and return it to the
Carlsbad City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
If you have any questions, please contact the Carlsbad City Clerk's Office at
(760) 434-2808. +'
Sincerely,
~- Unice Breitenfeld
Deputy City Clerk
Enclosures
Ref: AB 17,098; (CUP 99-30)
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @