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HomeMy WebLinkAboutSan Diego, County of; 1997-12-16;REIMBURSEMENT AGREEMENT FOR THE ENGINEERING DESIGN SERVICES FOR PALOMAR AIRPORT ROAD IMPROVEMENTS PROJECT NO. 3286 THIS AGREEMENT is made and entered into as of the &tiay of m, 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “CITY” and the COUNTY OF SAN DIEGO, a municipal corporation, hereinafter referred to as “COUNTY”, in view of the following purposes: A. CITY enters into this agreement with COUNTY for the reimbursement of a portion of the design costs by P & DKTE to (1) update existing improvement plans titled “Plans for the Improvement of Palomar Airport Road from 556 feet West of Yarrow Drive to 622 feet West of El Camino Real” consisting of 29 sheets which were previously prepared by P & D Technologies and (2) to include the design of an access road to the County Animal Control Facility. B. The access road to the County Animal Control Facility will be constructed on County property and designed to County standards to be provided to P & D/CTE by the County. IT IS, THEREFORE, AGREED: 1. CITY agrees to enter into a separate agreement with P & DlCTE to accomplish the update of existing plans and design of the access road to the County Animal Control Facility pursuant to Proposal from P & D/CTE dated August 18, 1997 which is attached hereto. 2. COUNTY agrees to reimburse CITY for costs associated with COUNTY work which is presently estimated at $9,200.25. 3. COUNTY will deposit $9,200.25 with CITY within thirty (30) days of notice from CITY to do so. 4. COUNTY will have the right to audit costs paid by ClTY for these design services. 5. This agreement shall inure to the benefit of, and the obligations created hereby shall be binding upon, the successors and assigns of the parties hereto. 6. The invalidity or illegality of any provision of this agreement shall not be deemed to affect the validity or legality of any other provision of the agreement. 7. This agreement and any amendments hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. 8. This agreement sets forth the entire agreement and understanding of the parties with respect to the transactions contemplated hereby, and supersedes all prior agreements, arrangements, and understandings relating to the subject matter hereof. 9. This agreement may be amended, modified, superseded or canceled, and any of the terms, covenants or conditions hereof may be waived, only by a written instrument executed by the parties hereto or in case of a waiver, by the party waiving compliance. 10. This agreement does not amend, modify, supersede or replace the previous Memorandum of Agreement for funding and construction of street improvements on El Camino Real and Palomar Airport Road, dated August 22,1989 between the CITY and COUNTY for the reimbursement of previous costs paid by the CITY for the original design of the improvement plans stated in paragraph A, subsection (1) above. 11. COUNTY will hold the CITY harmless from any liability of any kind resulting from the work to be performed pursuant to this Reimbursement Agreement and shall pay all costs of defense of any claims or lawsuits, including reasonable attorneys fees, arising from the work. CITY OF CARLSBAO, a municipal COUNTY OF SAN DIEGO, a municipal corporation of the State of California BY: ,L&&&& TypedName:- A. ws Mayor Typed Name: Timothy A. Walsh Assistant Deputy Director - Aviation Department of Public Works ATTEST: 4%?edL./R g?b Aletha L. Rautenkr&,\City Clerk December 23,1997 Timothy A. Walsh Assistant Deputy Director - Aviation County of San Diego, Dept. of Public Works 5555 Overland Avenue San Diego, CA 92123-1295 RE: PALOMAR AIRPORT RD. WEST - REIMBURSEMENT AGREEMENT City of Carlsbad Project No. 3286 Enclosed for your files is one signed “original” Reimbursement Agreement for the above referenced project, which is dated December 16, 1997. Additionally, I have enclosed copies for your reference of the conformed December 16, 1997 Carlsbad City Council agenda bill and Resolution No. 97-718 which authorized the execution of the Reimbursement Agreement for Project No. 3286. KATHLEEN D. SHOUP Sr. Office Specialist