HomeMy WebLinkAboutCC RESO 15,508RESOLUTION NO. 15,508
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
IMPROVEMENT AGREEMENT WITH THE COUNTY OF SAN
DIEGO FOR IMPROVEMENTS OF VARIOUS STREETS
IN AND ADJACENT TO THE LINCOLN ACRES AREA
BE IT RESOLVED by the City Council of the City of
National City, California, that the Mayor is hereby
authorized to execute on behalf of the City, an Improvement
Agreement between the County of San Diego for improvements of
various streets in and adjacent to the Lincoln Acres Area.
PASSED and ADOPTED this 19th day of January, 1988.
ATTEST:
CAMPBELL, CIT CLERK
APPROVED AS TO FORM:
GEO4/i
RGE H. EISER, III
211
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GEORGE E. WATERS, MAYOR
ATTACHMENT
The County has proposed to enter into an agreement with the City for the following
5 projects, three of which require no funding. The two requiring funding have been
budgeted under 1987-88 C.I.P. project No. 6055.
1. Road widening and curb gutter and sidewalk improvements on Ridgeway Drive
from Euclid Avenue to the end. The City's portion eonsists only of the vertical
realignment of some driveways (County will fund entire project).
2. Construction of concrete sidewalks on both sides of Euclid Avenue from Ridgeway
Road to 24th Street. The City's portion consists only of the sidewalk on the
west side south of 24th Street approximately 400 feet long (County will fund
entire project).
3. Road widening and curb, gutter, and sidewalk improvements on Prospect Street
from Newell Street to 24th Street. The City's portion is 34% of the work and
of the cost.
4. Road widening and curb, gutter and sidewalk improvements of South Lincoln
Acres. The City's portion includes 13% of the work and of the cost for
improvements of Orange Street and Cypress Avenue located in the City.
5. Road widening and curb, gutter and sidewalk improvements of West Lincoln
Acres. The City's portion consists only of constructing a storm drain system
from the edge of the Rae Place cul-de-sac northwesterly to an existing City
drainage system (County will fund entire project).
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AGREEMENT BETWEEN THE
COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY
FOR THE CONSTRUCTION OF ROAD IMPROVEMENTS
AND DRAINAGE FACILITIES
THIS AGREEMENT, executed this day of
and between the CITY OF NATIONAL CITY, a municipal corporation,
referred to as "CITY" and the COUNTY OF SAN DIEGO, a political
of the State of California, hereinafter referred to as "COUNTY."
WITNESSETH
, 1988 by
hereinafter
subdivision
WHEREAS, COUNTY and CITY desire to cooperate and jointly participate
in road improvement projects that are partially within the CITY and partially
within the COUNTY; and
WHEREAS, COUNTY and CITY agree that these projects shall consist
of:
1. Road widening; and curb, gutter and sidewalk improvements on
Ridgeway Drive from Euclid Avenue westerly to the end.
2. Construction of concrete sidewalks on both sides of Euclid Avenue
from Ridgeway Road to 24th Street.
3. Road widening; and curb, gutter and sidewalk construction on
agreed upon locations on Prospect Street from Newell Street to 24th Street.
4. Road widening; and P.C.C. curb, gutter and sidewalk construction
on Cypress Avenue, Orange Street, Olive Street and 32nd Street between Olive
Street and Cypress Avenue; and construction of a storm drain system on Orange
Street; all of which constitute the South Lincoln Acres project.
5. Road widening; and P.C.C. curb, gutter and sidewalk construction
on Prospect Street from Sweetwater Road to cul-de-sac, Vista Way from Prospect
Street to Grove Street, Grove Street from Vista Way to the National City
city limits, and Rae Place; and construction of a storm drain system from
the edge of the Rae Place cul-de-sac northwesterly to an existing drainage
system, all of which constitute the West Lincoln Acres project; and
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WHEREAS, improvements to Ridgeway Road, Euclid Avenue, Prospect Street,
South Lincoln Acres and West Lincoln Acres, hereinafter referred to as
"PROJECTS", will benefit residents of the CITY and COUNTY; and
WHEREAS, COUNTY will pay for its portion of the costs of these PROJECTS
through Community Development Block Grant funds; and
WHEREAS, COUNTY and CITY desire to specify herein the terms and
conditions by which said PROJECTS shall be accomplished and financed.
NOW, THEREFORE, IT IS mutually agreed by and between the COUNTY and
CITY as follows:
1. The COUNTY will provide plans, specifications, and estimates
for these PROJECTS and manage the construction of PROJECTS.
2. The CITY will pay 34% of the construction cost of the Prospect
Street improvements and 13% of the construction cost of the South
Lincoln Acres project.
3. The COUNTY will pay for the remainder of the cost of these PROJECTS
through Community Development Block Grant funds.
4. CITY shall have control of and shall maintain the portions of
PROJECTS within CITY limits, including the West Lincoln Acres storm
drainage system to be constructed within a drainage easement acquired
by the CITY at no cost to the COUNTY.
5. COUNTY shall have control and shall maintain the portions of
PROJECTS within COUNTY boundaries, outside CITY limits, at no cost
to the CITY.
6. COUNTY shall not begin construction work on those portions of
PROJECTS within the CITY limits until CITY approves all plans and
specifications for the work to be performed.
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7. Within 10 days after the work in the CITY has been completed,
CITY shall inspect all work performed within CITY limits and determine
whether the work was completed in accordance with the CITY approved
plans and specifications. If by the end of this 10 day period CITY
has not notified COUNTY in writing that the completed work materially
varies from the approved plans, CITY shall be deemed to have accepted
the work as completed in accordance with the approved plans and
specifications.
8.(a) Upon CITY's acceptance of those portions of PROJECTS in CITY
limits:
CITY shall indemnify, defend and save COUNTY and COUNTY'S agents,
officers and employees harmless from and against any and all active
and passive liability, claims, suits, actions, damages and/or causes
of action arising out of any personal injury, bodily injury, loss
of life or damage to property, violation of any federal, state or
municipal law or ordinance, or other cause in connection with any
activities under this Agreement of CITY, CITY's employees or agents,
COUNTY, COUNTY's employees or agents, or on account of the performance
or character of the work, unforeseen difficulties, accidents,
occurrences, or other causes, and from and against all costs, counsel
fees, expenses incurred in obtaining expert testimony and the
attendance of witnesses, expenses and liabilities incurred in and
about any such claim, the investigation thereof, or the defense of
any action or proceeding brought thereon, and from and against orders,
judgments, or decrees which may be entered therein.
8.(b) For those portions of PROJECTS within COUNTY boundaries and
outside CITY limits:
COUNTY shall indemnify, defend and save CITY AND CITY's agents,
officers and employees harmless from and against any and all active
and passive liability, claims, suits, actions, damages and/or causes
of action arising out of any personal injury, bodily injury, loss
of life or damage to property, violation of any federal, state or
municipal law or ordinance, or other cause in connection with any
activities under this Agreement of CITY, CITY's employees or agents,
COUNTY, COUNTY's employees or agents, or on account of the performance
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or character of the work, unforeseen difficulties, accidents,
occurrences, or other causes, and from and against all costs, counsel
fees, expenses incurred in obtaining expert testimony and the
attendance of witnesses, expenses and liabilities incurred in and
about any such claim, the investigation thereof, or the defense of
any action or proceeding brought thereon, and from and against orders,
judgments, or decrees which may be entered therein.
8.(c) These indemnity provisions are not limited in any way by the
extent of any policy of insurance currently in force and held by
either party.
9. This Agreement may not be modified, amended or otherwise changed
unless by an amendment in writing and executed by the parties.
10. This Agreement shall terminate after completion of construction
of PROJECTS and payment of all amounts due under the terms of this
Agreement, except for Sections 4, 5, 8(a) and 8(b) which shall remain
in effect until mutually agreed upon in writing by the parties.
IN WITNESS WHEREOF, this Agreement is executed by the County of San
Diego pursuant to action taken by the Board of Supervisors and the City
of National City pursuant to action taken by its City Council.
CITY OF NATIONAL CITY COUNTY OF SAN DIEGO
BY: ���.�G //'" �i..� BY:
Mayor of thr City ofNational City Clerk of the Board of Supervisors
ATTEST
APPROVED AS TO FORM
BY C_„ �_r�_t C_ BY:
City Clerk County Counsel
Date:
APPROVE TO F0Lzr
BY:
City Attorney
14/011