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HomeMy WebLinkAboutReso 1988-13525 (a) RESOLUTION NO. 13525 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO TO AMEND AN AGREEMENT FOR FUNDING AND IMPLEMENTATION OF PUBLIC IMPROVEMENT PROjECTS IN MONTGOMERY The City Council of the City of Chula Vista does hereby resolve as fol 1 ows: WHEREAS, the City Council of the City of Chula Vista and the Board of Supervisors of the County of San Diego have approved and executed an agreement for the funding and implementation of three public improvement projects in the Montgomery area of Chula Vista, a copy of said agreement being attached hereto as Exhibit A and incorporated herein; and WHEREAS, one of the public improvement projects included in the agreement is the installation of asphalt concrete walkways on Main Street; and WHEREAS, City and County are mutually desirous of deleting from the agreement the project to install asphalt concrete walkways on Main Street; and WHEREAS, an agreement amending said agreement between City and County, which deletes the inclusion of the project to install asphalt concrete walkways on Main Street, has been prepared and is attached hereto and incorporated herei n. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista hereby approves an agreement with the County of San Diego to amend an agreement for the funding and implementation of public improvement projects in Montgomery. BE IT FURTHER RESOLVED, that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement. Presented by Approved as to form by G o Thom a..arro. Community Development Director City Attorney WPC 3490H ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF L JLA VISTA, CALIFORNIA, this 19th day Of April .., 19 88 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Cox, Moore, McCandliss, Nader NAYES: Counci 1 members None ABSTAIN: Councilmembers None ABSENT: Counci lmembers None ~ula Vista ATTEST~ /' -- city S ,'E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 13525 ,and that the same has not been amended or repealed DATED City Clerk CITY OF CHULA VISTA CC-660 AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND CITY OF CHULA VISTA FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS THIS AGREEMENT, executed this 5th day of April , 1988, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY" and the COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter referred to as "COUNTY." WITNESSETH WHEREAS, COUNTY and CITY desire to cooperate and jointly participate in public improvement projects within the CITY; and WHEREAS, COUNTY AND CITY agree that this projects shall consist of: 1. Minor road widening and construction; concrete curbs, gutters and sidewalk; and a retaining wall on Oxford Street. 2. Placement of asphalt concrete walkways on Industrial Boulevard. WHEREAS, improvements to Oxford Street and Industrial Boulevard, hereinafter referred to as "PROJECTS", will benefit residents of the CITY; and --- WHEREAS, COUNTY will provide the costs of these PROJECTS through .~munity 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 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 COUNTY will provide the funding of these PROJECTS through Community Development Block Grant funds. 3. The CITY will maintain these PROJECTS at no cost to the COUNTY. 4. COUNTY shall not begin construction work on said PROJECTS until CITY approves all plans and specifications for the work to be performed. 5. CITY shall inspect all work performed and certify that the work was completed in accordance with the approved plans and specifications. COUNTY CONTRACT NUMBER 25719-A 6. (a) Upon acceptance of said PROJECTS by the CITY, 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 the design or maintenance of said PROJECTS 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 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 any orders, judgments, or decrees which may be entered therein. This clause shall remain in effect until mutually agreed upon in writing by the parties hereto. (b) It is contemplated by the parties that this indemnity agreement is not limited in any way by the extent of any policy of insurance currently in force and held by either party. A 7. This Agreement may not be modified, amended or otherwise changed unless by an amendment in writing executed by the parties hereto. 8. Except as provided in Section 6(a), this Agreement shall terminate after completion of construction of PROJECTS and payment of all amounts due under terms of this Agreement. IN WITNESS WHEREOF, this Agreement is executed by the County of San Diego pursuant to action taken by the Hoard of Supervisors and the City of Chula Vista pursuant to action taken by its City Council. labor ty of Ch~la Vista Clerk of the Board of Supervisors ,TTEST: APPROVED AS TO FORM: Y: -- City Clerk ~ ! iPPROVED AS TO FORM: