HomeMy WebLinkAboutCC RESO 11,026RESOLUTION NO. 11,026
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN CITY OF NATIONAL CITY AND STATE OF CALIFORNIA
TO REARRANGE SEWER FACILITIES
BE IT RESOLVED by the City Council of the City
of National City that the City Manager is hereby authorized
to execute an agreement between the City of National and the
State of California to rearrange sewer facilities on Road
11-SD-5/54 between "E" Street in Chula Vista and 24th Street
in National City and on Route 54 between Routes 5 and 805.
PASSED AND ADOPTED this 24th day of April, 1973.
ATTEST:
PLEASE EXECUTE AND RETURN THIS COPY TO:
State of California
Division of Highways
District 11
P. O. Box 390
San Diego, California 92112
Owner
11-SD-5/54
8.6-10.1/0.0-1.9
046522
District Utility Agreement No. 15170-B
THIS AGREEMENT, MADE AND ENTERED INTO THIS
BY AND BETWEEN
AND
DAY OF 1973
CITY OF NATIONAL CITY
a body politic and a municipal
corporation of the State of
California, hereinafter referred
to as "CITY"
STATE OF CALIFORNIA
acting by and through Its -
Business and Transportation
Agency, Department of Public
Works, Division of Highways,
hereinafter referred to as
"STATE"
WITNESSETH
WHEREAS, STATE on October 25, 1961 adopted the route of Road
11-SD-5/54 between "E" Street in Chula Vista and 24th Street
in National City and on Route 54 between Routes 5 and 805 as a
portion of Interstate Highway and Freeway Route 5/54, and
WHEREAS, certain sewer lines owned and maintained by CITY. have been
determined to be in conflict with said freeway construction, and
11-SD-5/54, 8.6-10.1/0.0-1.9
Utility Agreement No. 15170-B
Page 2
WHEREAS, SPRING VALLEY SANITATION DISTRICT, by virtue of Agreement
with STATE,will construct sewer facilities outside STATE'S
northerly and southerly right of way lines as shown on DISTRICT'S
drawings for projects LN9008 and LN9010 on file in the office of
the Division of Highways, 4075 Taylor Street in San Diego, California,
and
WHEREAS, construction of said projects LN9008 and LN9010 will permit
certain sewer lines owned by CITY which are presently in conflict
with the construction of said freeway to be connected to the
facilities of SPRING VALLEY SANITATION DISTRICT,
NOW THEREFORE, in consideration of the covenants and conditions
herein contained, the parties hereto agree as follows:
SECTION I
STATE AGREES:
1. To cause sewer facilities to be constructed along STATE'S
northerly right of way line between existing facilities in
Edgemere Avenue and the Metropolitan sewer line west of
Coolidge Avenue in accordance with plans for the aforementioned
project LN9010.
2. To cause sewer facilities to be constructed along STATE'S
southerly right of way line connecting the existing Spring
Valley outfall line east of Edgemere Avenue and west of
Highland Avenue in accordance with plans for the aforementioned
project LN9008.
11-SD-5/54, 8.6-10.1/0.0-1.9
Utility Agreement No. 15170-B
Page 3
3. To cause CITY'S existing collector lines at Coolidge Avenue
and 33rd Street east of Coolidge Avenue to be connected to
facilities to be constructed under the aforementioned project
LN9010.
4. To cause the existing sewer line serving the property lying
west of Highland Avenue, currently vested in Hodge Brothers,
a partnership, to be connected to the Spring Valley outfall
line which is to be relocated under the aforementioned project
LN9008. Said property, known as Right of Way Parcel 16858
contains 14.24 acres as shown on Right of Way Map LO 49006
on file in the office of the Division of Highways, 4075 Taylor
Street, San Diego, California, and a connection fee in the
estimated amount of $130.00 per acre will be charged to CITY
by the SPRING VALLEY SANITATION DISTRICT.
5. To reimburse CITY for said connection fee, which is estimated
to be $1,851.20, within 90 days after said connection has been
made and upon notification by CITY that said connection fee
has been paid to the SPRING VALLEY SANITATION DISTRICT.
CITY AGREES:
1. To permit the abovementioned connections to be made by the
SPRING VALLEY SANITATION DISTRICT or their contractor in
accordance with the aforementioned plans for projects LN9008
and LN9010.
. Upon completion of said connections, to abandon all sewer
facilities lying within STATE'S right of way and to credit
STATE with the accrued depreciation of those lines to be
abandoned, and the value of any materials salvaged.
SECTION II
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. That obligations of STATE under terms of this Agreement are
subject to the approval and award of a construction contract
by SPRING VALLEY SANITATION DISTRICT for the construction of
the hereinbefore described sewer facilities.
2. All change orders affecting CITY'S obligation hereunder shall
be approved by CITY'S Engineer.
11-SD-5/54, 8.6-10.1/0.0-1.9
Utility Agreement No. 15170-B
Page 4
3. That neither STATE nor any officer or employee thereof shall
be responsible for any damage or liability occurring by reason
of anything done or omitted to be done by CITY during or in
connection with any work, authority or jurisdiction delegated
to CITY under this Agreement. It is also understood and agreed
that, pursuant to Government Code Section 895.4, CITY shall
fully indemnify and hold STATE harmless from any liability
imposed for injury (as defined by Government Code Section 810.8)
occurring by reason of anything done or omitted to be done by
CITY under or in connection with any work, authority or
jurisdiction delegated to CITY under this Agreement.
4. That neither CITY nor any officer or employee thereof, is
responsible for any damage or liability occurring by reason
of anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction not delegated
to CITY under this Agreement. It is also understood and agreed
that, pursuant to Government Code Section 895.4, STATE shall
fully indemnify and hold CITY harmless from any liability
imposed injury for-inj(as defined by Government Code Section
`-J
810.8) occurring by reason of anything done or omitted to
be done by STATE under or in connection with any work,
authority or jurisdiction not delegated to CITY under this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their respective officers, duly authorized, the
provisions of which Agreement are effective as of the day, month
and year first hereinabove written.
APPROVAL RECOMMENDED:
District Right of Way Agent
Right of Way Clearance Agent
APPROVED:
CITY OF NATIONAL CITY
By
By
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
By
District Engineer