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HomeMy WebLinkAboutReso 1987-13247 RESOLUTION NO. 13247 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH SAN DIEGO TRUST AND SAVINGS BANK FOR TRAFFIC CONTROL MEASURES The City Council of the City of Chula Vista does hereby resolve as fol 1 ows: WHEREAS, the City has approved installation of a temporary traffic control barrier on Fig Avenue between H Street and Shasta Street in Chula Vista; and, WHEREAS, San Diego Trust and Savings Bank is in support of the traffic control barrier as approved; and, WHEREAS, the City and San Diego Trust and Savings Bank are mutually desirous of installing additional traffic control facilities to complement the approved Fig Avenue traffic control barrier; and, WHEREAS, an agreement has been prepared whereby the desi red additional traffic control facilities will be installed by the City and San Diego Trust and Savings Bank, a copy of said agreement is attached hereto and incorporated herei n. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that an agreement with San Diego Trust and Savings Bank for traffic control measures, attached hereto as though fully set forth herein, is hereby approved. Presented b~ Approved as to form by Community Development Director t r WPC 3120H ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 15th day of September ....... 19 87 , by the following vote, to-wit: AYES: Councilmembers Cox, Moore, Nader, Malcolm, McCandliss NAYES: Council members None ABSTAIN: Councilmembers None ABSENT: Council members None May/~the~y of~Chula Vista ATTEST b,ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Visto, Colifornio, DO HEREBY CERTfFY that the obove and foregoing is a full, true ond correct copy of RESOLUTTON NO. 13247 ,ond that the same has not been amended or repealed DATED ~ CityClerk CI1Y OF CHULA VISTA CC-660 Resolution 13247 was approved by Council but the agreement was not signed by San Diego Trust & Savings. It is due to come up again at a future Council meeting. Per: Jim LoBue Feb. 3, 1988 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO TRUST AND SAVINGS BANK TO INSTALL TRAFFIC CONTROL FACILITIES THIS AGREEMENT, executed this 15th day of ...SeDter, her , 1987, by and between the City of Chula Vista, a municipal corporation, hereinafter referred to as "CITY" and San Diego Trust and Savings Bank, hereinafter referred to as "BANK". WITHESSETH WHEREAS, CITY has approved the vacation of Fifth Avenue, between H Street and I Street in Chula Vista; and, WHEREAS, CITY desires to prevent a significant increase in vehicle traffic on Fig Avenue, between H Street and I Street, as a result of the vacation of Fifth Avenue; and, WHEREAS, CITY has approved the temporary placement of barriers on Fig Avenue between H Street and Shasta Street, to prevent vehicle traffic from passing between H Street and I Street on Fig Avenue; and, WHEREAS, BANK desires to have the approved barrier placed such that existing driveways at BANK site, located at 444 H Street in Chula Vista, provide access between BANK site and Fig Avenue both north and south of barrier; and, WHEREAS, CITY and BANK are mutually desirous of preventing non-BANK customer vehicle traffic from using BANK site as a diversion route around the barrier on Fig Avenue in order to travel between H Street and I Street on Fig Avenue. NOW, THEREFORE, IT IS mutually agreed by and between CITY and BANK as fol 1 ows: 1. City will design, fund and install a temporary barrier to vehicle through traffic on Fig Avenue between H Street and Shasta Street. 2. City will place vehicle traffic barrier north of southernmost bank driveway and south of bank driveway immediately to the north of southernmost driveway so that vehicle traffic barrier will not obstruct either driveway. 3. City will fund, install, and maintain a sign on Fig Avenue right-of-way within thirty feet of H Street to instruct motorists that Fig Avenue is not a through street (item ~5 on attached diagram). 4. Bank will fund, install and maintain two signs, one adjacent to each driveway north and south of the vehicle traffic barrier. to instruct motorists that the bank site is private property and is closed to through traffic (item ~3 on diagram). 5. Bank will fund, install and maintain a double row of concrete tire stops in bank parking area north of barrier between two bank driveway.~--- (item #4 on diagram). 6. Bank will fund, install and maintain an effective and highly visible vehicle traffic barrier north of the double row of concrete tire stops referred to in item 5. Bank will put this barrier in place during non-operating hours of the bank (item #1 on diagram). 7. ~This agreement shall hold for as long as City vehicle traffic barrier remains in the location described in item two of this agreement and bank maintains its current parking lot and driveway configuration. 8. Bank agrees to indemnify and hold harmless the City of Chula Vista against and from any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City, and shall defend, indemnify and save harmless the City, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature including worker's compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the Bank or any of its officers, agents or employees in the performance of this agreement. 9. City agrees to indemnify and hold harmless the Bank against and from any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of Bank, and shall defend, indemnify and save harmless Bank, its officers, agents and employees, from any_ and all claims, demands, suits, actions or proceedings of any kind or natur including worker's compensation claims, of or by anyone whomsoever, in any way- resulting from or arising out of the negligent or intentional acts, errors or omissions of the City or any of its officers, agents, or employees in the performance of this agreement. 10. This agreement may not be modified, amended or otherwise changed unless by amendment, in writing, executed by the parties hereto. 'GregoryR~, Mayor ' By: Approved as to form by: City Atton]~ WPC 3118H -2-