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 This agreement may be amended, modified, superseded or canceled, and any of the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