HomeMy WebLinkAbout1983-05-03; City Council; Resolution 72081
ereby resolve as follows:
1. That certain agreement between the City of Carlsbad and
he County of San Diego for the installation of a traffic signal,
nd ultimate road improvements at Palomar Airport Road and the
ntrance to McClellan-Palomar Airport, a copy of which is
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
ty of Carlsbad held the 3rdday of May ¶
owing vote, to wit:
AYES: Council Members Casley, Lewis, Kulchin, Chick and Prescott.
NOES: None
RESOLUTION NO. 7208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR THE INSTALLATION OF A TRAFFIC SIGNAL AND ULTIMATE WIDTH ROAD IMPROVEMENTS AT
PALOMAR AIRPORT. PALOMAR AIRPORT ROAD AND THE ENTRANCE TO McCLELLAN-
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MARYdH. CASLER, Mayor
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Ji I AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY I-
OF SAN DIEGO FOR THE INSTALLATION OF A TRAFFIC SIGNAL
AND ULTIMATE WIDTH ROAD IMPROVEMENTS AT PALOMAR AIRPORT ROAD
AND THE ENTRANCE TO McCLELLAN-PALOMAR AIRPORT
THIS AGREEMENT, executed this, day of , 1983, by and
between the CITY OF CARLSBAD, a municipal corporation hereinafter called the
"City" and the COUNTY OF SAN DIEGO, a political subdivision of the State of
California hereinafter called the "County".
WITNESSETH
WHEREAS, the intersection of Palomar Airport Road and the entrance to
McClellan-Palomar Airport and its approaches to this intersection are completely
within the City's jurisdictional boundaries; and
WHEREAS, said intersection is immediately adjacent to the County property
known as McClellan-Palomar Airport; and
WHEREAS, Palomar Airport Road is a primary entrance to McClellan-Palomar
Airport; and
WHEREAS, Palomar Airport Road is a primary thoroughfare on the Circulation
Element of the City General Plan; and
WHEREAS, Palomar Airport Road has not been fully developed to ultimate
road width; and
WHEREAS, the traffic signal is on the City approved traffic signal list;
I and
WHEREAS, it is the intent of the Airport Enterprise Fund to contribute
$50,000 toward the construction of a traffic signal and ultimate width road
improvements at said intersection in order to improve traffic flow; and
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WHEREAS, the City and County desire to enter into an agreement for the
construction of a traffic signal and ultimate width road improvements at the
intersection of Palomar Airport Rogd and the entrance to McClellan-Palomar
Airport; and
WHEREAS, the City will maintain and operate said traffic signal and
road improvements.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the City and County
as follows:
1. City shall prepare plans and specifications for construction of a
traffic signal system and ultimate road width improvements consisting of
road preparation, sidewalks, curbs and gutters at the intersection of
Palomar Airport Road and the entrance of McClellan-Palomar Airport. The
City shall award a contract for the construction of said traffic signal.
and road improvements subject to the conditions hereinafter set forth.
2. City shall obtain requisite environmental clearances and General
Plan conformance reports.
3. City shall provide all engineering, design, service and inspection
to be prformed prior to and during the construction of said project.
4. County shall provide a11 necessary easements to install the traffic
signal at the Palomar Airport Road entrance to McClellan-Palomar Airport.
5. County shall deposit with the City the sum of $>O,OOO within thirty
(30) days after receipt of written notification from the City that the
contract for construction has been awarded.
(a) The engineers estimate to completely install the signal system
is currently estimated at $70,000.
(b)
(c)
The engineers estimate for the road improvements is $15,000.
The balance of this cost will be funded by the City from other
sources.
6. The City shall not incur costs on behalf of the County related to this
project in excess of $50,000. After all construction costs are known and
distributed the County shall be reimbursed if actual costs are less than
estimates as follows:
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The County shall contribute a maximum of $35,000 toward the
traffic signal construction.
In the event that actual construction costs of the traffic
signal system are less than $70,000, County participation
shall not exceed 50% of the actual costs and City shall reim-
burse the difference to the County within 60 days of final
accounting of the project.
The County shall contribute a maximum of $15,000 toward the
road improvements.
In the event that actual construction costs of the road improve-
ments are less $15,000, City shall reimburse the difference to
the County within 60 days of final accounting of the project.
I 7. The County shall not participate in nor contribute funds to the City
toward the construction contract for the project unless the construction contract
includes provisions substantially similar to the County Affirmative Action
Program adopted by the Board of Supervisors, including all current amendments,
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on file with the Clerk of the Board of Supervisors.
8. (a) County, its agents, officers and employees, shall not be held
liable for any claims, liabilities, penalties, fines, or for damage to
any goods, properties or effects or any person whatsoever, nor for
personal injuries to, or death of them, caused by or resulting from any
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negligent acts or omissions of City, or its agents, employees, or
representatives, including liability by reason of acts or omissions
caused by City, its agents, employees, or representatives.
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(b) City further agrees to indemnify, and save free and harmless,
L - County and its authorized agents, officers and employees against
negligent acts or omission caused by City, its agents or employees, and
any cost and expenses incurred by the respective parties on account of
any claim therefor, and County agrees to indemnify and save free and
harmless City and its authorized representatives and employees against
negligent acts or omissions caused by County, its agents or employees,
and any cost and expenses incurred by the respective parties on account
of any claim therefor. .I.
(c) It is contemplated by the parties that this indemnity agreement
is not limited in force and held by either party.
9. This agreement may not be modified, amended or otherwise changed unless
by an amendment in writing executed by the parties hereto.
10. This agreement shall be terminated after completion of construction of
the improvements and payment of all amounts due under terms of this agreement.
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IN WITNESS WHEREOF, this agreement is executed by the City of Carlsbad pursuant
to action taken by its City Council and by the County of San Diego pursuant to
action taken by the Board of Supervisors.
RECOMMENDED BY: CITY OF CARLSBAD
R. J. MASSMAN, Director
Department of Public Works
APPROVED AS TO FORM:
c ITY ATTORNEY
BY
COUNTY COUNSEL
BY MAYOR
COUNTY OF SAN DIEGO
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