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HomeMy WebLinkAbout1970-04-07; City Council; Resolution 1711E 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I I 27 j 28! 29 1 j I 30 i RESOLUTION NO. 171 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A COOPERATIVE AGREEMENT FOR CHESTNUT AVENUE UNDERCROSSING. The City Council of the City of Carlsbad does hereby resolve s follows: 1. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute on behalf of the City of Carlsbad that certain Cooperative Agreement for Chestnut Avenue Undercrossing, a copy of which is attached hereto and by this reference incorporated herein. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City >unci1 of the City of Carlsbad, California, held April 7, 1970 the following vote, to wit: AYES: Mayor Dunne, Councilmen McComas, Neiswender, Jardine & NOES: None Cas tro. ABSENT: None 'TEST : City of Carlsbad, California c Chestnut Ave. U. C. Dist .Agree .#11-0061 - '$HIS AGREEMENT, MADE AM) ENTERED INTO TICS DAY QF , 1970, BY AND BETWEEN CITY OF CARESBAD, a body politic and a municipal corporation of the State of California, herein- after referred to as "CITY" AND STATE OF CALIFORNIA, acting by and through its Business and Transportation Agency, Depart- ment of Public Works, Division of Highways, hereinafter referred to as YSTATE*~ WITNESSETH WPIEREAS, STATE contemplates widening Interstate Route 5 Freeway by construction contract from four lanes to eight lanes between 0.5 mile south of Cannon Road and Buena Vista Creek Bridge, and WHEREAS, no Undercrossing of the existing four-lane freeway is provided for at Chestnu%.Avenue, and WHEREAS, Chestnut Avenue is included in CITY'S Select System and is planned as a major East-West arterial to link the portions of the City bisected by the freeway, and . .r i WHEREAS, current rapid population growth and industrial development indicate a need to provide an Undercrossing at this %be, and WHERFAS, CITY has formally reuuested STATE by resolu- tion Number 1564 dated October 16, 1969, to construct said Under- crossing and has indicated a willingness to participate in the CQSt, and WHEREAS, it is economically advantageous to construct said Undercrossing In conjunction with STATE’S contemplated widening project, and WMEREAS, CITY and STATE will mutuafly benefit from uproved traffic flow and relief of congestion at the adjacent- Ineerchanges at Tamarack Avenue to the South and at Elm Avenue to the North, and WH-AS, CITY and STATE do mutually desire to cooperate in construction of the aforesaid Undercrossing and desire to specify herein the terms and conditions under which said Under- crossing shall be constructed, financed and maintained; NOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: SECTION I STATE AGREES: 1, To include construction of an Undercrossing at Chestnut Avenue in STATE’S contract for widening the portion of Interstate Route 5 between 0.5 mile south of Cannon Road and Buena Vista Creek Bridge. -2- w ‘\ . --. . . . .. . . ... . .- . . -. . . .. , ,->*.. -. . IU .j F e" ,- 0 2, To construct the aforesaid Undercrossing to the widths and strmctwal sections shown on Exhibit "A," dated January 14, 1970, attached and by this reference made a part of this Agreement, 3. To prepare plans and specifications For said improvements m 4, To bear the entire cost of preparing said plans and specifications except for any preliminary engineering furnished directly by CITY. 50 To bear all constnktion costs and construction engineering costs, except as hereinafter provided in Section 11. SECTION I1 CIm AGREES: 1. Upon award by STATE of a construction contract for widening the aforementioned portion of Interstate Route 5, to reimburse STATE upon receipt of billing therefor, 8 lump / sum amount of $8,000.00. Said figure represents the estimated total cost that CIm would have Incurred In constructing Chestnut Avenue across the freeway right of way if the freeway did not exist. The amount of $8,000.00, represents CITYrS entire financial obligation pursuant to thls Agreement. 2. To accept full control and maintenance of all improvements constructed outside of' STATEDS freeway right of way pursuant to this Agreement, Delegatlon of maintenance of facilities within said State Highway right of way will be covered in a subsequent Maintenance Agreenent. -3- c a _. I^. I_ i--- b '* & e I' SECTION rII I-' IT IS MUTUALLY UNDEXSTOOD AND AGREED: 1, That obligations of STATE under terms of this Agreement are subject to the allocation of mnds by *he California Highway Commission. . 2, Tha% neither STATE nor any officer or employee thepeof shall be responsible for any damage or liability occurring by reason of anything done-or omitted to be done by CITY under OF in connection with any work, authority or Juris- dIction.delegated to CITY under this Agreement. understood and agreed that, pursuant to Government Code Section 895.4, CXTY shall fully indemnify and hold STATE harm- less from any liability imposed for injury (as defined by .Government Code Section 810.8) occurring by reason of anything clone or omitted to be done by CITY under or In connection with any work, authority or jurisdiction delegated to CITY under? It is also 'this Agreement. Se That neither CITY nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, Tt is also understood authority Agreement. OF jurisdiction not delegated to CITY under -4- 'chis f *\ 4. That, should any portion of the project be ced wfth Federal Funds or State gas tax funds, all appli- If Ptan procedures and policies relating to the use of such funds sh&l apply notwithstanding other provisions of this Agreement. IN WI9VESS WHEREOF, the parties hereto have caused . this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA , Department of Public Works Rivision of Highways 9. A. LEGARRA Mayor State Highway Engineer Attest: City Clerk District Engineer Approved as to Form and Procedure: City Attorney I . . - -.. . . -. . -- -- - . .. - . .. -- ._ -.... .. . .. - -- --- -____ -- --- ------ -------- ------ --