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Home My WebLink AboutReso 1973-6760Form No. 342 Rev. 9-71 RESOLUTION NO. 6760 .RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VI5TA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA LIVE STEAMERS, INC. FOR THE CONSTRUCTION AND OPERATION OF A MODEL RAILROAD AT ROHR PARK 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 CHULA VISTA LIVE STEAMERS, INC., for the construction and operation of a model railroad at Rohr Park dated the 27th day of February , 19 73 , 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 E. Emerson Hall, Director of Parks & Recreation ADOPTED AND APPROVED by VISTA, CALIFORNIA, this 27th day the following vote, to-wit: Approved as to form by ~~,= - ~~~ :, George D. Lindberg, City Attorney the CITY COUNCIL of the CITY OF CHULA of February 19 73 by AYES : Councilmen~de, Hobel, Hamilton NAYES : Councilmen Scott, Egdahl ABSENT: Councilmen None Mayor of the Ci y of Chu a Vi to ATTEST - t ~2ce~ ~ ~,~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I' City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VI5TA LIVE STEAMERS, INC. FOR THE OPERATION OF THE LIVE STEAM RAILROAD - ROHR PARK THIS AGREEMENT, made and entered into this 27th day of February , 1973, by and between the CITY OF CHULA VISTA, a municipal corporation hereinafter called "City", and the CHULA VISTA LIVE STEAMERS, INC., hereinafter called "Live Steamers." W I T N E S S E T H WHEREAS, Live Steamers, a non-profit corporation, proposes to render advantageous and desirable services by and through its Model Railroad Activities. WHEREAS, it is the desire of the City to aid and assist the Live Steamers in the development of this program; the same being con- sistent with the City's recreation program. WHEREAS, the City in review of their park development plans have approved the concept of Live Steamers Use of Rohr Park. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: GENERAL PROVISIONS: The City agreesf to ,cooperate with the Live Steamers in pro- viding the use of Rohr Park(Lower, Southwest corner of Rohr Park, approximately 8 acres, 2546 Sweetwater Road) for the operation of and phased development of the Live Steamers facilities. The presumption upon which all sections of this agreement shall be interpreted is that the City's programs and desires shall in all cases and at all times take precedence over the hive Steamers' and that the Live Steamers shall use the Rohr Park facilities during such periods and for such purposes as the City may make the facility available. The City also agrees to provide and pay for water and electricity as needed by the Live Steamers and in addition will maintain the landscaping in and around the railroad area. It is further understood that the Live Steamers will be res- ponsible for the construction and maintenance of track and other railroad related facilities. (ID Ta'DTT T(1 TT t Scheduled run dates are forma_11y established for the second weekend of each month during the daylight hours. ~~ ~~ SPECIAL PROVISIONS: A. General Public No charges of any kind shall be made to the public for entrance to the exhibit area or for riding on equipment in the exhibit area. Participation is dependent upon on full compliance with all safety regulations. Further, entrance to the exhibit area and participation in activities conducted therein shall be without regard to race, religion or national origin. B. Rides Members shall not be obligated in anyway to run an amusement park, nor furnish rides to the general public. However, Live Steamers may want to offer free rides on the trains they operate. C. Posting Appropriate signs delineating public safety regulations will be clearly posted. Appropriate railroad signs will be installed by the Live Steamers ie., passenger loading, crossing signs, warning points, passenger area. INDEMNITY CLAUSE: Live Steamers shall save and hold City harmless from any or all claims or causes of action for death or injury to persons, or damage to property resulting in connection with its use of said park facility. City shall save and hold Live Steamers harmless from any or all claims or causes of action for death or injury to persons, or damage to property resulting from or which may arise by reason of any dangerous or defective condition of City property, or by reason of a failure to maintain said park facility in a safe condition. LIVE STEAMERS TNSiTRANCF. The Live Steamers agree to take out and maintain at its expense public liability insurance with an insurance carrier satisfactory to City to protect against the Live Steamers liabilities mentioned in the Indemnity Clause, and for damages on account of bodily injury, including death re- sulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or acti- vities of Live Steamers or any person acting for Live Steamers or under Live Steamers' control or direction, and also to protect against loss from liability for damages to any property of any person caused directly 7~ or indirectly by or from acts or activities of any person acting for Live Steamers. Such insurance shall be maintained in full force and effect during the entire term of this agreement. A copy of said certificate of insurance shall be sent to the office of City. Live Steamers agree that this agreement shall ter- urinate, in the option of the City, upon the effective date of the cancel- lation, termination, or suspension of any or all of the insurance policies heretofore mentioned, unless before such effective date Live Steamers have acquired other insurance which, in the determination of the City, adequately replaces the canceled insurance. CLOSURE OF FACILITY: The City, after giving proper notice to the Live Steamers, shall reserve the right to temporarily close the park facility for reasons of health, safety or necessary repairs. TERMINATION OF AGREEMENT: The City or Live Steamers may terminate the provisions of this agreement upon 90 days written notice. Upon termination, the Live Steamers shall remove all equipment and fixtures and return the area to its natural state within a reasonable time, not to exceed 90 days following the date of the written notice of termination. Equipment or fixtures remaining on the premises after said notice shall revert to City ownership. ARRANGEMENTS FOR USE OF FACILITIES: The City's City Manager and the Live Steamers' President, or miscellaneous appointed representatives shall meet annually for the pur- pose of preparing a comprehensive schedule for the use of the City's park facility, consistent with the provisions of this agreement. EFFECTIVE DATE: The effective date of this agreement shall be February 27 ,1973. 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 ..~' f Z- Mayor of the i y of Chula V~ to ATTEST °~z-~LC~, ~ ~~{~(~~ '' City Clerk ~.~ Approved as to form by - ~' Geor~.~ D. Lindberg, City At,~a~ ney CHULA VISTA LIVE,STEAMERS, INC. f J President -rte > . ~ _ _- , ~/~v. >i-~/y~~~``- Secretary ~,