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HomeMy WebLinkAbout1998-03-10; City Council; Resolution 98-70? 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 0 0 RESOLUTION NO. 98-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF VISTA AND THE CITY OF CARLSBAD FOR THE CONSTRUCTION OF MELROSE DRIVE. WHEREAS, Vista and Carlsbad share a common city limit boundary; and WHEREAS, said city limit boundary crosses the established and future right-of-way c Melrose Drive; and WHEREAS, Vista and Carlsbad desire to hire a consultant to conduct a preliminarj engineering study for Melrose Drive; and WHEREAS, Vista has agreed to contribute $25,000 toward the cost of said study. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad California, as follows: 1. That the above recitations are true and correct. 2. That the agreement between the City of Vista and the City of Carlsbad for thc construction of Melrose Drive as described in the attached agreement is hereby approved an( the Mayor is hereby authorized and directed to execute said agreement. 3. That the Finance Director is authorized to appropriate an amount of $50,000 oi which $25,000 will come from the General Capital Construction Fund and $25,000 will come frorr the City of Vista. The funds shall be allocated to Project No. 3598, Melrose Drive. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counci held on the loth day of March , 1998 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None I I ATTEST: (SEAL) V 0 0 AGREEMENT BETWEEN THE CITY OF VISTA AND THE CITY OF CARLSBAD FOR THE CONSTRUCTION OF MELROSE DRIVE THIS AGREEMENT, made and entered into as of the 12th day of MARCH. , 1998, by and between the CITY OF VISTA, a municipal corporation, hereinafter referred to as "VISTA", and the CITY OF CARLSBAD, a municipal corporation hereinafter referred to as "CARLSBAD. RECITALS WHEREAS, VISTA and CARLSBAD share a common city limit boundary; and, WHEREAS, said city limit boundary crosses or otherwise divides the established and future right-of-way of Melrose Drive; and, WHEREAS, said road is integral to the circulation element plans for VISTA and CARLSBAD; and, WHEREAS, traffic impacts from development along and adjacent to said road within VISTA and CARLSBAD will adversely impact the proper functioning and level of service standards of said roads unless certain major street and highway infrastructure improvements are installed prior to or concurrent with the needs created by said development; and, WHEREAS, VISTA and CARLSBAD acknowledge the importance of maintaining established minimum level of service standards on said road for the proper functioning of the local circulation network; and, WHEREAS, VISTA and CARLSBAD desire to establish mutually agreed upon responsibilities for the funding, design, and construction of the major street improvements necessary to maintain the established minimum level of service standard for said road; AGREEMENT NOW THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows: ?. Recitals. The Above recitals are all true and correct. 2. The Proiect. The project is a preliminary engineering study for designing a four (4) lane roadway with an unimproved median with all necessary construction features for safety purposes. 3. Hirins of Enaineerina Consultant. CARLSBAD shall hire an engineering consultant to conduct a preliminary engineering study for Melrose Drive. The selection of the Engineering Consultant shall be jointly agreed upon by both CARLSBAD and VISTA. t 0 * < 4. Cost of Enaineerina Studv. The cost of the preliminary engineering study sba\\ not exceed $50,000. CARLSBAD and VISTA agree to share equally in the cost of the engineering study. 5. Pavment Schedule. VISTA shall forward a check payable to CARLSBAD in the amount of twenty-five thousand dollars ($25,000) within thirty (30) days of the execution of this agreement by both parties. In the event that the final engineering consultant cost is less than $50,000, CARLSBAD will refund fifty percent (50%) of the difference within thirty (30) days of the final payment to the engineering consultant. 6. Reimbursement District. CARLSBAD intends to establish a reimbursement district and include all costs associated with the preliminary engineering study in the cost to be reimbursed to each party. In the event CARLSBAD is unsuccessful in establishing a reimbursement district, each party shall absorb the cost of the preliminary engineering study. 7. Entire Asreement: Amendment. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waived, amended, or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition'is or may be sought. 8. CounterDarts. This agreement may be executed by the cities in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same document. 9. Severabilitv. If one or more clauses, sentences, paragraphs, provisions, or terms of this agreement shall be held to be unlawful, invalid, or unenforceable, it is hereby agreed by the cities that the remainder of this agreement shall not be affected hereby. I// 111 Ill I// /I/ /I/ Ill //I /I/ //I Y ., 0 * IO. Headinas. The headings of articles and paragraphs of this agreement are for convenience only, and no presumption or implication of the intent of the patties as to the construction of this agreement shall be drawn therefrom. JN WJJNESS WHEREOF, this Agreement is executed by the CITY OF VISTA and the CITY OF CARLSBAD pursuant to action taken by the respective City Councils. /3 CITY OF VISTA, a municipal corporation GLORIA MCCLELLAN, Mayor ATTEST: ATTEST: JO SIEBERT, City Clerk ALgfiehRN *, APPROVED AS TO FORM: J. WAYNE DERNETZ City Attorney APPROVED AS TO FORM: RONALD R. BALL City Attorney By: By: ,-/ J