HomeMy WebLinkAboutReso 1988-13526 (b)
RESOLUTION NO. ~3526
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
COUNTY OF SAN DIEGO FOR THE FUNDING AND
IMPLEMENTATION OF THE PALM AVENUE DRAINAGE
IMPROVEMENTS PROJECT
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the County of San Diego has budgeted funds for the
installation of public improvements at Palm Avenue in Chula Vista; and
WHEREAS, the County agrees to install drainage improvements along
Palm Avenue using said budgeted funds; and
WHEREAS, an agreement has been prepared to establish the terms of the
funding, installation and maintenance of the drainage improvements along Palm
Avenue, a copy of said agreement being attached hereto and incorporated
herein, and
WHEREAS, City and County are mutually desirous of entering into said
agreement.
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 for the
funding and implementation of the Palm Avenue Drainage Improvements Project.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
authorized to execute said agreement.
Presentedb_X ~ Approved as to form by
Paul ~. Deskchars ThomaS' d. Ha~ron Y~,"
Community Development D~ector C~ty Attorney
WPC 3492H
,_ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
b..JLA VISTA, CALIFORNIA, this 19th day Of. April
19 88 , by the following vote, to-wit:
AYES: Councilmembers Malcolm, Cox, Moore, McCandliss, Nader
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Counci 1 members None
~O~~e~ O~hUJO
~ Vista
ATTEST ~ '~' ~
/--// City Clerk
5..,rE 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 o full, true and correct copy of
RESOLUTION NO. 13526 ,and that the some has not been amended or repealed
DATED
City Clerk
CIIY OF
CHULA VISTA
CC-660
RECEiVEE
JUN 13 1988
AGREEMENT BETWEEN
COUNTY OF SAN DIEGO AND CITY OF CHULA VISTA Community Development Dept
FOR CONSTRUCTION OF PALM AVENUE DRAINAGE IMPROVEMENTS
THIS AGREEMENT, executed this 7th. day of Jun~ , 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 a public improvement project within the CITY; and
WHEREAS, COUNTY and CITY agree that th~s project shall consist of:
1. Installation of drainage improvements along Palm Avenue.
WHEREAS, drainage improvements along Palm Avenue, hereinafter
referred to as "PROJECT", will benefit residents of the CITY; and
WHEREAS, COUNTY will provide the costs of this PROJECT through
Community Development Block Grant funds; and
WHEREAS, COUNTY and CITY desire to specify herein the terms and
conditions by which said PROJECT 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
this PROJECT and manage the construction of PROJECT.
2. The COUNTY will provide the funding of this PROJECT through
Community Development Block Grant funds.
3. The CITY wilt maintain this PROJECT at no cost to the COUNTY.
4. County shall not begin construction work on said PROJECT 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 26316-A
6. la) Upon acceptance of said PROJECT 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 PROJECT 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 the 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.
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 PROJECT 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 Board of Supervisors and the City of
Chula Vista pursuant to action taken by its City Council.
'May ity 'o la Vista Clerk of o~F~e Board of Supervisors
ATTEST: APPROVED AS TO FORM:
Assistant City Attorney
-2- CI~Fk of the B~rd