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HomeMy WebLinkAboutSan Diego, County of; 1998-07-14;C Exhibit 3 REIMBURSEMENT AGREEMENT FOR CONSTRUCTION AND INSPECTION OF ACCESS ROAD TO ANIMAL FACILI #I 2m8 INCLUDED IN THE PLANS AND SPECIFICATIONS FOR PALOMAR AIRPORT ROAD IMPROVEMENTS PROJECT NO. 3286 THIS AGREEMENT is made and entered into as of the&& day of , 1998, / by and between the CITY OF CARLSBAD, a municipal corpcration, 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 the construction and inspection costs by the CITY for the access road to the County Animal Control Facility as shown on the plans and specifications prepared by P & D/CTE. These plans are titled “Plans for the Improvement of Palomar Airport Road from 556 feet West of Yarrow Drive to 822 feet West of El Camino Real” consisting of 29 sheets. B. The access road to the County Animal Control Facility was designed by P & DlCTE according to County requirements and will be constructed on County property. IT IS. THEREFORE, AGREED: 1. CITY agrees to enter into a separate agreement with a construction contractor to accomplish construction of the access road to the County Animal Control Facility pursuant to the plans and specifcations which COUNTY has previously approved. 2. COUNTY agrees to reimburse CITY for costs associated with COUNTY work which is present!y estimated at $81,836 for construction and $9,164 for inspection/testing. The amount for construction will be updated after construction bids are received and again after construction is complete. 3. COUNTY will deposit $91,000, adjusted after bids and construction is complete, with CITY within thirty (30) days of notice from CITY to do so. If the actual construction cost plus inspection exceeds $115,000, the County may terminate this agreement and the City may delete this work from the contract. 4. COUNTY will have the right to audit costs paid by CITY for these construction and inspection services. 6 Exhibit 3 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. IO. 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 costs paid by the CITY for the improvements to Palomar Airport Road as shown on the plans stated in paragraph A, subsection (1) above, nor the “Reimbursement Agreement for the engineering design services for Palomar Airport Road Improvements, Project No. 3286” dated December 16.1997. Ill Ill Ill IIJ Ill III Ill Iii Ill Ill -. .c - -. , -c- Exhibit 3 II. CITY will hold the COUNTY 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 attorney’s fees, arising from the work. COUNTY OF SAN DIEGO, a municipal corporation of the State of California By: y- jarpL\1- Typed Name: Claude Title: Mayor Typed Namy J rasmsTka . . Title: Clerk of the Board of Supetisors ATTEST: Aletha L. Rautenkranz, City Clerk 3