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Home My WebLink AboutReso 1975-7905Form No. 342 Revz 3/74 RESOLUTION N0. 7905 RESOLUTION OF THE CIT3' COUNCIL OF THE VISTA, APPROVING AGREEMENT BETWEEN TIi VISTA AND MEX-INSUR FOR THE LOCATION PUBLIC RIGHT-OF-WAY AT 99 BONITA ROAD OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE CITY OF CHULA E CITY OF CHULA OF A SIGN IN THE IN THE CITY SAI D Ai~REEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and MEX-INSUR, Inc. for the location of a sign in the public right-of-way at 99 Bonita Road dated the 19th day of September 19~-, a copy of which is attached hereto and incarporated herein, the same as though fully set forth herein be, and the same is hereby approveda BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he rs hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista, Presented by ~.~ ~~~ ~~ Georg D. Lindberg, City Attc~rriey Approved as to form by ~~ ~' ,. ~ ~ ~.. ~ ,- ,~=-~ George~D. Lindberg, City Attorney ADOPTnD AND APPROVED by the CITY COUNCIL of the CITY OF CF'ULA VISTA, CALIFORNIA, this 23rd day of Sen . mb r r 19_x_, by the followinc, vote, to-wit: AYES : Councilmen Hobel , Hami 1 ton Hyde, Egdahl Scott NAYES : Councilmen None ABSENT: Councilmen None Mayor of the Clty of Chula Vista ATTES-T_ -; f/ ~ City Jerk STATE OF CALIFORNIA) COUNTY OF SAN DIErO) ss, CITY OF CEiULA VISTA) Ir City Clerk of the City of Chula Vista., California, DO IEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED ,;,. ~~ City Clerk ;; 104 ENCROACHMENT MAINTENANCE AND REMOVAL AGREEMENT WITH MEX-INSUR FOR THE LOCATION OF A SIGN IN THE PUBLIC RIGHT-OF-WAY AT 99 BONITA ROAD IN THE CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this 19th day of September , 1975, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY", and MEX-INSUR, INC., an insurance corporation, hereinafter referred to as "PERMITTEE"; W I T N E S S E T H WHEREAS, Mex-Insur, Inc. has heretofore submitted an application for an encroachment permit for a sign to be constructed within the public right-of-way at 99 Bonita Road, pursuant to Sec- tion 12.28.050 of the Chula Vista Municipal Code, and WHEREAS, said encroachment permit, No. 75-32, has been prepared and it is now necessary to obtain Council authorization by approval of a maintenance and removal agreement for said encroach- ment, in accordance with the provisions of Chapter 12.28 of the Chula Vista Municipal Code, and WHEREAS, Permittee has requested the permission of the City of Chula Vista to encroach upon the public right-of-way lying directly adjacent to that property known as 99 Bonita Road, and said encroachment is made for the direct benefit of Permittee's land and the covenants therein shall run with the property and shall be binding upon the assigns and successors of the owners, and WHEREAS, the encroachment requested by Permittee is shown on Exhibit "A" attached hereto and incorporated by reference, as if set forth in full. NOW, THEREFORE, in consideration of their mutual promises, and other good and valuable consideration, the parties hereto agree as follows: Permission is hereby granted to install the above mentioned encroachment on the real property of the City of Chula Vista described above in accordance with the following conditions: 1. Said installation shall, in no way, interfere with any existing utility. Any changes of any utility due to the instal- lation shall be at the sole expense of the Permittee. 2. Maintenance, removal, or relocation of the above mentioned installation shall be the sole responsibility of the Permittee, lessee, or the representative of the owner, or lessee, or his successor in interest, at no expense to the City of Chula Vista. 3. Said installation shall conform to the standards of the City of Chula Vista and shall be installed in a location as approved by the City of Chula Vista pursuant to Encroachment Permit 75-32. This permit is revocable upon thirty (30) days notice to the Permittee, or his successor in interest, and upon such notice the encroachment must be removed, or relocated, as may be specified by the Permittor at Permittee's expense at the said time. -1- Form No. 3~2 ~ ~ .~-, _ Rev. 3/7~i ??. C?. ~~ .. ;. .~ . _ . Chula '~.~nstz, ~~~~~t:-°:~~ °2012 RESOLUTION NO. 7905 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN 'TI:E CITY OF CHULA VISTA AND MEX-INSUR FOR THE LOCATION OF A SIGN IN THE PUBLIC RIGHT-OF-WAY AT 99 BONITA ROAD IN THE CITY OF CHULA VISTA AND AUTIIORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: Now, THEREFORE, BE I•T RESOLVED that that certain agreement between THE CITY OF C',IL'LA VISTA, a municipal corporation, and MEX-INSUR, Inc. for the location of a sign in the public right-of-way at 99 Bonita Road dated the 19th day of September ~ 1g75 a copy of which is attached hereto and incorporated herein, ttie same as though fully set forth herein be, and the same is hereby approved, BE IT FURTIiER 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, Presented by Approved as to form by ~'' ~/ '" V Georg D. Lindberg, City Att ey George D. Lindberg, City Atto ney ADOPTrD AND APPROVDD by the CITY COUNCIL cf the CITY OF Cf'ULA "vISTA, CALIFCRr7iA, this 23rd day of September 19 75 , by the followinc vote, to-wit: AYES: Councilmen Kobel, Hamilton, Hyde, Egdahl,Scott NP.YES: Councilmen lone ABSENT: Councilmen None - /s/ Thomas D. Hamilton, Jr. Mayor of the City of Chula Vista ATTEST /s/ Jennie M. Fulasz City Clerk STATE OF CALIFOP.,IIA) t~ COUNTY OF SAN DIEGO) ss. CITY OF C!IULA VISTA) I~ JENidIE M. FULASS , City Clerk of the C~r_y of Chula Vis`ta.,:.Califc~rnia, DG I:EREBY CERTIFY that the above is a full, true and`c~rrect cony of Resolution No.7905 , and that the same has not been amended or repealed. DATED September 23, 1975 - _~.._ 1 105 Permittee hereby agrees to, and shall hold the City of Chula Vista, its elective and appointive boards, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Permittee, or any of sub- contractors' operations under this permit, whether such operations be by Permittee, or by a sub-contractor, or sub-contractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Permittee, or any sub-contractor or sub-contractors. Permittee agrees to, and shall defend the City of Chula Vista and its elective and appointive boards, officers, agents and employees, from any suits or actions at law, or inequity for damages caused, or alleged to have been caused, by reason of the aforesaid operations. The undersigned Permittee hereby accepts the foregoing encroachment permit upon the terms above set forth and agrees to all of the conditions and covenants on its part to be performed. It is understood and agreed that, in addition to the above conditions, covenants, requirements and fees as indicated in Chapter 12.28 of the Chula Vista Municipal Code are incorporated herein by reference, as if set forth in full. It is further agreed that if any part of this interferes with the future use of the street right-of-way by the general public, it must be removed, or relocated, as designated by the City, at the expense of the Permittee, or his successor in interest. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA MEX-INSUR, INC. ~~,~`, yor o~the City o ATTES City C Approved as to form by ~~~ ~ ~ City Attorney (Attach Notary Acknowledgment) '~ ` ~~ t '~ $~X~'xX - Alan E. 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