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HomeMy WebLinkAbout1982-07-06; City Council; Resolution 6931xx RESOLUTION NO. 6931 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY AND PAPAGAYO DEVELOPMENT AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT ON BEHALF OF THE CITY. WHEREAS, the City Engineer of the City of Carlsbad has determined it is necessary for the developer of CT 74-22, Papagayo Development, to install a storm drain pipe line across the AT&SF Railway right-of-way for the purpose of conducting drainage away from the above mentioned subdivision development; and WHEREAS, the City of Carlsbad must enter into a Pipe Line License Agreement with the AT&SF Railway Company as a condition precedent to their allowing the construction of this storm drain pipe line across their right-of-way; and WHEREAS, the City required that the developer enter into an agreement whereby they agree to pay all fees involved in obtaining the license agreement and obtain all the necessary insurance in satisfaction of the license agreement and hold the City harmless from any liability resulting from their entering into the above mentioned license agreement; and WHEREAS, plans for the construction of this storm drain pipe line have been approved by the City Engineer and are on file with the Engineering Department; NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad as follows: 1. The above recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Agreement between Allstate Savings & Loan Association and the City, attached hereto and made a part hereof, is hereby approved. 3. The City Manager is hereby authorized to sign the I Agreement mentioned above on behalf of the City. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held the 6th day of July , 1982 by the following vote, to wit: AYE s : Council Menibers Casler, Lewis, Kulchin and Anear NOES: None ABSENT : Council ?!der Chick I MARY CAYLER, Mayor ATTEST: aQ;Qnh. R. ALETHA L. RAUTENKRANZ, City Clerk (SEAL) AGREEMENT BETWEEN CITY OF CARLSBAD AND CARLSBAI) COMMERCIAL CENTER FOi: ACROSS ATGSF RAILWAY RIGHT-OF-WAY . THE INSTALLATIClN OF A STORM TiPilj:4 This agreement is entered into this 14th day of June ? -- 1982 between City of Carlsbad, a Municipal Corporation (hereinafter called "Ci ty") , and SLSTATE SAVINGS 6( LOAN ASSOCIATION, A CALIF. CORP. (hereinafter called "Developer"). RECITALS 1. Developer is developing Carlsbad Tract as approved by the City. 2. As a condition of approval of Carlsbad Tract 74-22, SP-31A Developer is required to install a storm drain from the project site, across the Atchison, Topeka and Santa Fe (''ATESF") Rai lway right-of-way, to exist- ing 72'' storm draln in said right-of-way. The storm drain is necessary to provide drainage for said tract. 3. For Developer to install the storm drain *ss required it is necessary for City to obtain from RTGSF Railway certain property rights. ATGSF Railway will convey to City for the sum of $250'.00 (Two Hundre4 4. and Fifty Dollars}, a license to install and maintain the storm drain across the ATGSF Railway right-of-way. The license is subject to certain terms and conditions. The City is willing to accommodate Developer and accept the license, provided Developer assumes the respon- sibility for said terms and conditions. City will not accept the license or enter into a license agreement with ATISF Railway unless Developer agrees to assume all City's obiigations under such a license agreement and to indemnify and hold City harmless for any liability of the City under such license or license agreement. .5. . -2- 6. Developer desires to assume City's obligations under such license or license agreement and to indemnify and hold City harmless from any liability arising because of such license or license agreement. There- fore, in considerstion of the recitals and the mutual convenants contained herein City and Developer agree as follows: 1) City agrees to enter into that certain "Pipe Line License" (Bl-70268-25) between ATISF Railway and City, a copy of which is attached hereto and made a pare hereof (hereinafter called "License"). Developer agrees to assume and hereby assumes all City's ob1 igations, whether present or future, including payment of any fees or charges including insurance, under said License. Developer agrees to indemnify and hold harmless City for any 1 iabi 1 i ty of City resulting from said License., 2) 3) '. of the corporation that executed the within Instrumcnt, known to nie to be the persons who executed the within Instrument on behalf of the corporation thcrein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WiTNESS my hand and official seal. Signature- CITY OF CARLSBAD LOS ANGELES COWR ATTEST : &R&?- k.QQX* Aletha L. Rautenkranz, City Clerk 34W-L d By : Frank Alesh i re City Manager PtPPROyED /-----J AS TO FORM: ALLSTATE SAVINGS & LOAN ASSOCIATION A California Corporation Assistant C i ty Attorney Don Deemar Assistant Vice-president TO 1945 CA (C-74) (Corporation) STATE OF CALIFORNIA ATlCOR COMPANY ) ss. - LOS Angeles - I (This area for oficial riotariai seal)