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HomeMy WebLinkAboutReso 1986-12412 RESOLUTION NO. 12412 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO AGREEMENT NUMBERS 11-0094A/2 AND 11-0116A/1 BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA FOR ACQUISITION OF RIGHT-OF-WAY AND UTILITY RELOCATION FOR I-5/54 INTERCHANGE AND TIDELANDS AVENUE INTERCONNECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve Amendments to Agreement Numbers 11-0094A/2 and ll-0116a/A between THE CITY OF CHULA VISTA, a municipal corporation, and THE STATE OF CALIFORNIA, acting by and though its Department of Transportation, for acquisition of right-of-way and utility relocation for I-5/54 interchange and Tidelands Avenue interconnect, dated the 25thday of March 1986 , a copy of which is attached hereto and incorporated herein. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Approved as to form by Presented by ~~j~ 0~ / ~F~- Thomas J. Harron, Sity /o~hn p. ~p~i~t, Director Public Works/City Engineer Attorney 1177a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CiTY OF CHULA VISTA, CALIFORNIA, this 25th, d~ of March , , 19 , BFi , by the following vote, fo-wit: AYES: Councilmembers Scott~ McCandliss, Cox, Hoore NAYES: Counci 1 members None ABSTAIN: Counci 1 members None ABSENT: Councilmembers Malcolm ' Ma~~r the City of Chula Vista ~/ City C~er~ - ,~r' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss, CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTZ0N NO, 12412 ,and that the some has not been amended or repealed. DATED ~ City Clerk CrlY OF CHULA VISTA CC-660 11-SD-5/54 8.6/10.1, 0.0/1.9 11208-046561 Agreement No. 11-0094 A/2 MAR 2 5 1986 THIS AMENDMENT TO AGREEMENT, ENTERED INTO ON is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF CHULA VISTA a body politic and a municipal cor- poration of the State of California, referred to herein as CITY. RECITALS 1. STATE and CITY on April 18, 1972 entered into Cooperative Agreement No. 11-0094, said agreement providing for STATE to ac- quire rights of way and relocate utilities for a project to construct roadways connecting Tidelands Avenue to the proposed 5/54 interchange and for CITY to pay its proportionate share of the costs of said rights of way and utility relocation. Said agreement was subsequently amended by consent of both parties on October 16, 1973. 2. It was subsequently determined that, due to environmental constraints, the above improvements could not be constructed as proposed and for this reason right of way acquisition and utility relocation have not been, nor will be, performed. SECTION I IT IS THEREFORE MUTUALLY AGREED: 1. That Cooperative Agreement No. 11-0094 and Amendment to Agreement No. 11-0094 A/1 are hereby terminated in their entirety. -2- 2. Any monies on deposit with STATE pursuant to said agreement and/or amendment shall be refunded to CITY. STATE OF CALIFORNIA CITY OF CHULA VISTA Department of Transportation LEO J. TROMBATORE · Director of Tra~rt~~ ~M~or District Director ~ City CI~k Approved as to Fmrm: Cali ornia Dep~tment of Transportation tl-SD-5/54 8.6/10.1, 0.0/1.9 11208-046561 Agreement No. 11-0116 A/1 THIS AMENDMENT TO AGREEMENT, ENTERED INTO ON MAR ~ is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF CHULA VISTA a body politic and a municipal corporation of the State of California, referred to herein as CITY. RECITALS 1. STATE and CITY on August 21, 1973 entered into Cooperative Agreement No. 11-0116, said agreement providing for STATE to pre- pare plans and specifications for, and administer a contract to construct, roadways connecting Tidelands Avenue to the proposed. 5/54 interchange; and for CITY to pay its proportionate share of the costs of said plans, specifications and construction. 2. It was subsequently determined that, due to environmental constraints, the above improvements could not be constructed as proposed and for this reason plans and specifications for same have not been, nor will be, prepared. SECTION I IT IS THEREFORE MUTUALLY AGREED: 1. That Cooperative Agreement No. 11-0116 is hereby terminated in its entirety. STATE OF CALIFORNIA CITY OF CHULA VISTA Department of Transportation LEO J. TROMBATORE Director of Transportation By ~~M~/~ District Director C~/ -~City Cl~rk~ A~edas~m~ ,// CaliCornia D~artment of Transportation