HomeMy WebLinkAboutCC RESO 13,055RESOLUTION NO. 13,055
RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE
AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND
THE SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT
BOARD
BE IT RESOLVED by the City Council of the City
of National City that the City Engineer is hereby authorized
and directed to execute that certain Agreement between the
City of National City and the San Diego Metropolitan Transit
Development Board for the purpose of construction, maintenance
and operation of exclusive Public Mass Transit guideways
within National City limits.
PASSED AND ADOPTED this 12th day of June, 1979
OR
ATTEST:
Cooperative Agreement Between
the CITY OF NATIONAL CITY
and the SAN DIEGO METROPOLITAN
TRANSIT DEVELOPMENT BOARD
THIS AGREEMENT, IS HEREBY MADE
AND ENTERED INTO THIS DAY OF
BY AND BETWEEN
AND
, 1979
The CITY OF NATIONAL CITY,
a political subdivison of
the State of California,
1243 National City Blvd.,
National City, CA 92050,
hereinafter referred to as
"City";
The SAN DIEGO METROPOLITAN
TRANSIT DEVELOPMENT BOARD, a
public agency, 620 'C' Street,
San Diego, CA 92101, herein-
after referred to as "MTDB".
WITNESSETH
WHEREAS, the City of National City Charter provides among other
things, that the City of National City through its City Council, has the power
to provide reasonable terms and conditions under which such transportation
facilities may be conducted within the City of National City; and
WHEREAS, MTDB was created January 1, 1976, under Section 120050,
etseq., Chapter 2, Division 11 of the California Public Utilities Code, and was
thereby given responsibility for near -term operational planning, overall stag-
ing, construction and operation of exclusive public mass transit guideways in
the area of San Diego County under its jurisdiction; and
WHEREAS, MTDB has need of and desires to reach an understanding with
the City in carrying out MTDB's responsibilities for transit guideway construc-
tion and operation; and
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WHEREAS, the cost effectiveness of the transit guideway system is
predicated on an average speed of 29 miles per hour being attained between
the International Border and the Santa Fe Depot and reliably meeting 15-
minute headways; NOW THEREFORE
IN CONSIDERATION OF THE FOREGOING, the parties agree as follows:
1. MTDB shall rehabilitate the existing rail and roadbed be-
tween the above -mentioned limits. Construct a new second
parallel track from the northerly city limit at Division
Street to a point approximately 1,000 feet north of 13th
Street, and station with parking facilities at 13th and
24th Streets.
2. MTDB shall be responsible for all cost directly resulting
from any changes to the City Streets required by the in-
stallation of the transit system.
Such changes may include but shall not be limited to, all
work involved in widening existing street, utilities,
drainage, traffic signals, signs, traffic legends, lane
markings and all work necessary for traffic rerouting.
3. MTDB shall repair and reconstruct, to the satisfaction of
the City, all streets, curbs, gutters and sidewalks which
are damaged or destroyed as a direct result of construction
or operation of the transit guideway system.
4. The City shall allow modifications to its traffic signal
system as requested by MTDB to facilitate the operation
of the transit guideway system. Capital costs resulting
directly from any such requested modification shall be
the responsibility of MTDB.
5. MTDB shall be •responsible for all costs of maintaining the
rail crossing to a distance 2 ft. from each outside operat-
ing rail, the rail crossing automatic gate facilities and
all facilities within the right-of-way owned by MTDB.
6. The City shall notify MTDB 30 days prior to any roadwork
within 15 ft. of the nearest outside rail so that if
necessary LRT/Freight operating procedures can be modified.
7. The City and MTDB anticipate that from time to time items
in this Memorandum of Understanding may need to be modified
to reflect the results of actual operating experience. All
such modifications should be on at the agreement of both
parties represented by the City Engineer for the City of
National City, and the General Manager of MTDB. The basic
concepts may not be modified without prior approval of the
Council and MTD Board of Directors.
8. Should the City Engineer and the General Manager not be
able to resolve a modification, the issue will be brought
before each agency's board.
9. The City to the extent feasible provide law enforcement
to the station and rail right-of-way.
10. A. MTDB, its agents, officers and employees shall not
be held liable for any claims, liabilities, penalties,
fines or for damage to any goods, properties of effects
of any person whatsoever, nor for personal injuries
to or deaths of them, or any of them, caused by or re-
sulting from any acts or omissions of City, its agents,
employees or representatives; City further agrees to
idemnify and save free and harmless MTDB and its
authorized agents, officers and employees against any of
the foregoing liabilities and any cost and expense, in-
cluding reasonable attorneys' fees incurred by MTDB on
account of any claim therefor, including claims by reason
of alleged defects in the engineering services, improve-
ment services, or any other work or services done or
provided to MTDB by City pursuant to this Memorandum;
and in the event that a court of competent jurisdiction
should determine that the City has no authority to pro-
vide by agreement the performance of the hereinabove
set forth services, City nevertheless agrees to assume the
foregoing obligations and liabilities by which it is in-
tended by both parties that City agrees to indemnify and
to hold MTDB harmless from all claims arising by reason
of the work done by, or any act or omission of, the City
or its agents, employees or representatives, in connection
with or in performance of the agreed upon services of
work provided for in this Memorandum.
B. The City, its agents, officers and employees shall not
be held liable for any claims, liabilities, penalties,
fines or for damage to any goods, properties of effects
of any person whatsoever, nor for personal injuries to
or deaths of them, or any of them, caused by or resulting
from any acts or omissions of MTDB, its agents, employees
or representatives; MTDB further agrees to indemnify and
save free and harmless the City and its authorized agents,
officers and employees against any of the foregoing lia-
bilities and any cost and expense, including reasonable
attorneys' fees, incurred by the City on account of any
claim therefor, including claims by reason of alleged
defects in the engineering services, improvement services,
or any other work or services done or provided to City
by MTDB pursuant to this Memorandum; and in the event that
a court of competent jurisdiction should determine that
MTDB has no authority to provide by agreement the per-
formance of the hereinabove set forth services, MTDB
nevertheless agrees to assume the foregoing obligations
and liabilities by which it is intended by both parties
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that MTDB agrees to indemnify and to hold City harmless
from all claims arising by reason of the work done by,
or any act or omission of, MTDB, its agents, employees, or
representatives in connection with or in performance of
the agreed upon services or work provided for in this
Memorandum.
11. Any notice required or permitted under this Memorandum may
be personally served on the other party, by the party giving
notice, or may be served by certified mail, return receipt
requested, to the following address:
MTDB:
CITY:
General Manager
San Diego Metropolitan Transit
Development Board
620 "C" Street, Fourth Floor
San Diego, California 92101
City Engineer
1243 National City Blvd.
National City, California 92050
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum to
be sinned the month, day and year below written.
CITY OF NATIONAL CITY
By:
City Engineer
SAN DIEGO METROPOLITAN
TRANSIT DEVELOPMENT BOARD
By
Date: Gs ^{.3—(cG Z f Date:
APPROVED AS TO FORM:
By:
Ci % Attorney
Da tt: S l 5) G (12 �
ith Bauer
airwoman of the Board
7-3, /777
PETERSON, GAMER, MUNS & PRICE
A Professional Corporation
By: ' r�✓ ,J : s�
MTDB Legal Counsel
Date:
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