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HomeMy WebLinkAboutReso 1973-6872Form No. 342 Rev. 9-71 RESOLUTION N0. 6872 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA JUNIOR WOMAN'S CLUB FOR OPERATION OF A GLASS COLLECTION CENTER 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 Chula Vista Junior Woman's Club for operation of a glass collection center dated the 5th day of June 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 Approved as to form by John Thomson, City Manager George D, ind erg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of VISTA, CALIFORNIA, this 5th day of June the following vote, to-wit: the CITY OF CHULA 19 7 3 , by AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES: Councilmen None ABSENT: Councilmen ATTEST None 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 VISTA JUNIOR WOMAN'S CLUB FOR THE OPERATION OF A GLASS COLLECTION CENTER THIS AGREEP+IENT, made and entered into this 5 th day of June 1973 , by and between the CITY OF CHULA VISTA, a municipal corporation hereinafter called "City," and the CHULA VISTA JUNIOR WOMAN'S CLUB, INC., hereinafter called "Woman's Club." W I T N E S S E T H: WHEREAS, the Woman's Club, a non-profit organization, proposes to render advantageous and desirable services by and through its glass collection activities. WHEREAS, it is the desire of the City to aid and assist the Woman's Club in the development of this program. WHEREAS, the City has approved the concept of the Woman's Club's use of City-owned property located adjacent to the Chula Vista Animal Shelter. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: General Provisions The City agrees to cooperate with the Woman's Club in providing the use of City-owned land adjacent to the Chula Vista Animal Shelter located on the south side of J Street west of Bay Boulevard for the operation of a glass collection center. 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 Woman's Club's and that the Woman's Club shall use the above- named facilities during such periods and for such purposes as the City may make the facility available. Page Two It is further understood that the Woman's Club will be responsible for the procurement, maintenance, and security of collection bins. Operation Scheduled operation times are formally established as 8 A.M. to 5 P.M., Monday through Friday. These times may be changed upon approval by the City, providing 30 days notice is given. The Woman's Club shall be held responsible for opening the center each day of operation and for locking the bins at t}ie end of each operating period. Special Provisions A. General Public Use of the Center shall be available to all persons without regard to race, religion, or national origin. No charge of any kind shall be made to the public for use of the facility. B. Posting Appropriate signs delineating public safety regulations shall be clearly posted. Indemnity Clause The Woman's Club shall save and hold the 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 glass collection facility. City shall save and hold the Woman's Club 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 property in a safe condition. Page Three Woman's Club Insurance The Woman's Club agrees to take out and maintain at its expense public liability insurance with an insurance carrier satisfactory to City to protect against Woman's Club liabilities mentioned in the Indemnity Clause, and for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of Woman's Club or any person acting for Woman's Club or under Woman's Club control or direction and also to protect against loss from liability or damages to any property of any person caused directly or indirectly by or from acts or activities of any person acting for Woman's Club in connection with this project. A copy of said certificate of insurance shall be sent to the office of City. Woman's Club agrees that this agreement shall terminate, in the option of the City, upon the effective date of the cancellation, termination, or suspension of any or all of the insurance policies heretofore mentioned, unless before such. effective date the Woman's Club has acquired other insurance which, in the determination of the City, adequately replaces the cancelled insurance. Closure of the Facility The City, after giving proper notice to the Woman's Club shall reserve the right to temporarily close the facility for reasons of health, safety, or necessary repair. Termination of Agreement The City or Woman's Club may terminate the provisions of this agreement upon 90 days written notice. Upon termination, the Woman's Club 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. d Page Four Arrangements for Use of Facilities The City's City Manager and the Woman's Club President, or miscellaneous appoin ted representatives, shall meet annually for the purpose of preparing a compre- hensive schedule for the use of the City's land, consistent with the provisions of this agreement. Effective Date The effective date of this agreement shall be June 5 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 Mayor of the City of Chula Vista ATTEST: CHULA VISTA JUNIOR WOMAN'S CLUB 1 President ~ ` ~fI l '~ ~ ~~.a; City Clerk , Approved as to form by George D. Lindberg, City Attorney y~ .., ~. ~ - ' 9 i;~ C!• ~F ,~-' 2-C-7 '=_:''~~ GITY- OWN~.D•PTLOQ~2T-Y . T NO._.. SHEF .... OF---.__.... c ~ i~•. ~. ~., Ji?. ~ s; a ; c ~-~i-..7o ~ /~ ar. 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MAt~ L.O.-25ZS ~_ D-STAI.ICES SHOWN ARE G21p - DISTANCCS ~ To OL3.TAlN T2UE G2ouN0 DIS"l'A~1GES~ Ml)L.?If~I,Y LiY O.'l599V54 -~ i. • - - r i v ` ~. _ ~ ~. NEW I3AMP8'I3IR.E INSURANCE GFROUP `~ .~ ~ MANCHESTER, NEW HAMPSHIRE CERTIFICATE OF INSURANCE AMENDED ISSUED TO: CITY OF CHULA VISTA 276 FOURTH AVENUE 11 CHULA VISTA, CALIFORNIA 92012 l.~ OF THE COMPANY STATED BELOW r ~ :. § F~ ~, i; . f ~ ^r tom, N~' !1 e'Y N:,.. ~. ~~ ,-xM :f ~SURED'S NAME AND ADDRESS \`'v,' CHULA VISTA WOMENS CLUB 355-57 "G" STREET CHULA VISTA, CALIFORNIA 92010 THIS IS TO CERTIFY THAT THE NEW HAMPSHIRE INSURANCE COMPANY HAS ISSUED TO THE NAMED IN- SURED THE POLICIES ENUMERATED BELOW AND SUCH POLICIES APPLY WITH RESPECT TO THE HAZARDS AND FOR THE COVER- AGES AND LIMITS OF LIABILITY INDICATED BY SPECIFIC ENTRY HEREIN. SUBJECT TO ALL OF THE TERMS OF SUCH POLICIES. COVERAGES AND LIMITS OF LIABILITY HAZARDS POLICY NUMBER EFFECTIVE EXPIRATION BODILY INJU Y LIABILITY PROPERTY DAMAGE LIAR. DATE DATE EACH PERSON EACH OCCURRENC ACH OC URREN E AGGREGATE Premises-Operations XXXXX $ ,OOO $ ,000 $ ,OOO Elevators XXXXX ~ ,000 $ ,000 XXXXX J } Independent Contractors XXXXX ~ ,O~ ~ ,OOO ~ ,000 a ~ ~ XXXXX $ ,~0 $ ,000 $ ,000 W . Z ro Products-Completed Operations AGGREGATE C .p ,OOO XXXXX XXXXX W Q ~ J * COn traClual - aS Described Below XXXXX $ ,000 $ ,000 $ ,000 Owned Automobiles $ OOO $ ~OOO OO XXXXX ~ Hired Automobiles $ ,000 $ 000 ' $ ,000 X X XX X Non-Owned Automobiles ~ ,OOO ~ ,OOO ~ ,OOO XXXXX COMP. GENERAL POP 2 4 22 75 100 000 300 000 100 000 100 000 WORKMEN'S I PROVIDED BY WORKMEN'S COMPENSATION LAW COMPENSATION STATE OF LIABILITY NOTE: THE FOLLOWING IS APPLICABLE TO SECTION II ONLY EACH PERSONAL INJURY OCCURRENCE AGGREGATE Premises-Operations $ ,OOO ~ ,OOO PERSON AGGREGATE ~ ~ Elevators ~ ,OOO ~ ,OOO U d Independent Contractors ~ ,OOO o- .p ,OOO ~ rOOO ~ ,OOO w - J d $ ,000 $ ,000 y ucts-Completed Pro ~ OOO > Operations AGGREGATE , '~` Contractual-as Described Below ~ TODD ~ ,O~ LOCATION AND DESCRIPTION OF OPERATIONS, AUTOMOBILES, CONTRACTS, ETC. •(FOR CONTRACTS, INDICATE TYPE OF AGREEMENT, PARTY AND DATE.)TWO RECEPTACLES FOR GLASS RECLAIMATION AT FOOT OF J ST., CHULA VISTA, --~---- THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY OR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COV- ERAGES AFFORDED BY POLICY(IES) LISTED ABOVE AND IS NOT A COPY OF THE POLICY(IES1• THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI ONLY AND CONFERS NO RIGHTS ON THE HOLDER. THE COMPA NY WILL GIVE TO THE HOLDER OF THIS CERTIFICATE-DAYS WRITTEN NOTICE OF CANCELLATION. APRIL 22, 1972 DATE: G 70 03 2/73 BY: iVI ILI I.J ~: 1. S: lJUti:ISlily (TITLE) NEW HAMPSHIRE INSURANCE C7~ROUP MANCHESTER, NEW HAMPSHIRE CERTIFICATE OF INSURANCE OF THE COMPANY STATED BELOW ISSUED TO: ~-~- INSURED'S NAME AND ADDRESS ~ CITY OF CHULA VISTA ~ ~CHULA VISTA WOMENS CLUB 276 FOURTH AVENUE 355-57 "G" STREET CHULA VISTA, CALIFORNIA 92012 CHULA VISTA, CALIFORNIA 92010 THIS IS TO CERTIFY THAT THE NEW HAMPSHIRE INSURANCE COMPANY HAS ISSUED TO THE NAMED IN- SURED THE POLICIES ENUMERATED BELOW AND SUCH POLICIES APPLY WITH RESPECT TO THE HAZARDS AND FOR THE COVER- AGES AND LIMITS OF LIABILITY INDICATED BY SPECIFIC ENTRY HEREIN, SUBJECT TO ALL OF THE TERMS OF SUCH POLICIES. COVERAGES AND LIMITS OF LIABILITY HAZARDS POLICY NUMBER EFFECTIVE EXPIRATION BODILY INJU Y LIABILITY PROPERTY DAMAGE LIAB. DATE DATE -EACH PERSON OCCURRENCE OCCURRENCE AGGREGATE Premises-Cperations $ ,000 $ ,000 $ ,000 $ ,00c Elevators $ ,000 $ _ ,000 $ ,000 X)()(XX J } Independent Contractors $ X000 $j ,000 $ ,000 $ ,000 F- w ~ Products-Completed Z m Operations W_a O J I ~` Con trcctual - as Described Below Owned Automobiles O Hired Automoblles I- ~ Non-Owned Automobiles Q POP 273332 WORKMEN'S COMPENSATION NOTE: THE FOLLOWING IS APPLICABLE TO SECTION II ONLY Premises-Operations J J ~ Elevators Q W u d Independent Contractor=. W F y,~ Products-Completed ~ Operations F '~` Contractual-as Described Below 6 ,000 $ ,000 $ ,000 AGGREGATE $ ,OOO XXXXX 000 ~ $ , 000 ~ $ ,000 $ ,000 $ ,000 $ ,000 XXXXX $ ,000 $ ,000 $ ,000 XXXXX 100 000 300 000 100,000 100,000 PROVIDED BY WOR KMEN'S COMPENSATION LAW STATE OF LIABILITY EACH OCCURRENCE AGGREGATE PERSONAL INJURY $ ,000 $ ,000 PERSON AGGREGATE $ ,000 $ ,000 $ ,000 $ ,000 $ ,000 $ ,000 $ ,000 $ ,000 _ AGGREGATE $ ,000 ,000 $ .0~1 LOCATION AND DESCRIPTION OF OPERATIONS, AUTOMOBILES, CONTRACTS, ETC. *IFOR CONTRACTS, INDICATE TYPE OF AGREEMENT, PARTY AND DATE.>TWO RECEPTACLES FOR GLASS RECLAIMATION AT FOOT OF "I" ST., CHULA VISTA THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY OR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COV- ERAGES AFFORDED BY POLICY(IES) LISTED ABOVE AND IS NOT A COPY OF THE POLICY(IES). HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI ONLY AND CONFERS NO RIGHTS ON THE HOLDER. THE COMPA- NY WILL GIVE TO THE HOLDER OF THIS CERTIFICATE DAYS WRITTEN NOTICE OF CANCELLATION. APRIL 22, 1972 DATE: G 7003 REV. 4/71 BY: _, ~~. (TITLE) XXXXX -~ .~ ~. i, ~~