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HomeMy WebLinkAboutReso 1973-6715Form No. 342 Rev. 9-71 RESOLUTION NO. 6715 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SA_N DIEGO FOR THE IMPROVEMENT OF BRANDYWINE AVENUE AND DORA LANE 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 that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE COUNTY OF SAN DIEGO, a political subdivision of the State of California, for the improvement of Brandywine Avenue and Dora Lane dated the 16th day of January 1973 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. 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. Presented by Lane F, ole, Direc or of Public Works Approved as to form by ..~-'4-~'-- `-~- ~-~.~ George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 16th day of January , 19 73 , by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: Councilmen None ~~' Mayor o ATTEST -~~_ ~_, -f,~-rc= * ~-- City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Chula Vista, California, DO HEREBY CERTIFY that and correct copy of Resolution No. and been amended or repealed. DATED e City of Chula Vi City Clerk of the City of the above is a full, true that the same has not City Clerk +~ FOlt I1`IPI~OVE~IEN'T Or !.'.:!1?~T~Y1dINE AV'I;N~UI: ANIi Iu~1;A L~~NF `TIl l.S AGi;1:Ei`lE'v`I', executed tli I s 16th __`__ clay of _January ______, 197 3 , by and bettti~een the CITE' t1F CiIL1LA VIS7.~, a municipal cox•poraticu~~, hereina 1.'ter c~~11ed the "CITY" and the COI'NTl' OI' SAN DII.CU, a pGliti.cal subdivi.s=i_an of the State o1~ Ga7_i_fi~rnia, hereinafter called the "COl~N~1'Y". wrrNl:ssi;~i'1I Iti'HEREAS, there i_s to be constructed taithi_n the City a priv~ttE~ly otmed Ctiula ~'lsta GOlllfnl,lnlty HOSp1ta1., and taJO rOadWayS t0 be 1:nGtcn X15 1',rizndVwlnC' F,verlUe and Do}"^. I,a?1e t'O p1-CV1de access tG ':1115 COi1L'I;ilnlt~j' iiGSpit 1, LrGm 7'e1^~2'~±pl? ~'•anyGrl Road, and ti~iHEREAS, the ro~~dways twill traverse through an area. which lies within the City axed County, and W}[ERE'1S, the City must process the development plans for the hospital which includes the plans for the road improvement, and WI-iL'RE!~S, City and County mutually desire to proceed with the construction of the road improvements and it is of mutual convenience for the City to process the plans and improvements; NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The City shall be responsible for negotiations with the developer and for processing the plans for the improvement of E3randywi_ne Avenue and Dora bane. 2. The roadways shall_ be constructed to Standards acceptable to the City and County and the plans for the road i_mpr.overlents are to be approved by both the City Engineer anti the County Engineer, 3. The Developer shall obtain .'corn tl~e City a construction permit For all work within the right o1 way and deposit all fees faith tlrc City, 'The City shall obtain a construction pE~r-~nit (No i'ee) from the County t'or all word; within the uninco~En•atecl area. G7t;1~ ~ GI' 5Ai~ DIEGO ~~* ~~ ~- - :a _ ~.._ ... ~,. ,,. ,- ,. ~ - V ~ ~ 2 4. The City shall be responsible for all inspection and materials testing for the project and shall certify to the County Engineer on completion of the work. that the work has been completed according to the. plans approved by the County. 5. When the improvements are completed to County Standards, the County Engineer shall recommend to the Beard of Supervisors for acceptance of the portion of the roudti~Jay in the unincorporated area into the. County N;,in.tained Rood :system. 6 . Inder.~nif icatior. a. T'he City agrees, pursuant to Section 895.4 of the Government Code, to indemnify and hold r~armless the County, its employees, agents and officers, against any and all claims, demands, or causes of action allegedl}~ ar.ising out of any act or omission of any officer, agent, or employee of the City. b. The County agrees, pursuant to Section 895.4 of the Government Code, to indemnify and hold harmless the City, its employees, agents and officers against any and all claims, demands, or causes of action allegedly arising out of any act or omission of any officer, agent, or employee of the County. 7. Texm This agreement shall terminate two years from the date of its execution or upon completion of construction of the project, ~ahich- ever date is sooner. 8. Amendment This agreement may not be modified, amended or otherwise changed unless by an amendment in writing by the parties hereto. t %~ ~. r • • Iiv~ WL`1'NESS L~'HEh}~OP, the part=ies hez:•cto have caused this a~;recment to be execu%ed on the date first above caritten, Approved as to Form: ;' ~~ A ~ 1 -_ ~ ~ ,i City I`~ttorney CITY UtfC}IjJI~A VISTA ~ /' r3y~~ 1 ~ l _ `~ ~1 CUUNTY 0" SAN DILCO l_ / ~, Lf t ~~ ~, Clerk .1 the 3~ard of Supervlsnrc ~~.,,=;1~, author'zed by th@ :__ ..s:rs of the County of San !~;-. FEB 2 0 i'913 " ~ ;'`~ ~~, i~ Clerk of the Board cf ;;,; .,, r 1