Loading...
HomeMy WebLinkAboutReso 1987-13369 RESOLUTION NO. 13369 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR FUNDING AND IMPLEMENTATION OF THREE PUBLIC IMPROVEMENT PROJECTS IN MONTGOMERY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista and County of San Diego are mutually desirous of realizing the implementation of three public improvement projects in the Montgomery area of Chula Vista; and WHEREAS, the three projects are the placement of asphalt concrete walkways on Main Street and Industrial Boulevard and the minor road widening and construction and the installation of concrete curbs, gutters, sidewalks, and retaining wall on Oxford Street; and WHEREAS, the County of San Diego has allocated funds for the implementation of said projects; and WHEREAS, a contract agreement between the City of Chula Vista and the County of San Diego, a copy of which is attached hereto and incorporated herein, has been prepared to control County fundings and implementation of the projects and City maintenance of the improvements; and WHEREAS, the City and County are mutually desirous of approving said contract. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves the contract between the City of Chula Vista and County of San Diego for funding and implementation of three public improvement projects in the Montgomery area of Chula Vista. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is authorized to execute said agreement. Presented by Approved as to form by ~aul G. Desroc~h~rs Thomas J. Harron /~r~. ' Community Development Director City Attorney WPC 3306H ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of December 19 87 , by the following vote, to-wit: AYES: Councilmen Moore, Nader~ Cox~ McCandliss NAYES: Councilmen None ABSTAIN: Co~lcilmen None ABSENT: Councilmen Malcolm May~ o~the City Vista ATTEST ~/ City (~leH~ - STATE 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. 13369 ,and that the some has not been amended or repe(~led. DATED City Clerk AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND CITY OF CHULA VISTA FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS THIS AGREEMENT, executed this 8th day of December , 1987, 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 public improvement projects within the CITY; and WHEREAS, COUNTY and CITY agree that these projects shall consist of: 1. Minor road widening and construction; concrete curbs, gutters and sidewalk; and a retaining wall on Oxford Street. 2. Placement of asphalt concrete walkways on Main Street and Industrial Boulevard. WHEREAS, improvements to Oxford Street, Main Street, and Industrial Boulevard, hereinafter referred to as "PROJECTS", will benefit residents of the CITY; and WHEREAS, COUNTY will provide the costs of these PROJECTS through Community Development Block Grant funds; and WHEREAS, COUNTY and CITY desire to specify herein the terms and conditions by which said PROJECTS 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 these PROJECTS and manage the construction of PROJECTS. 2. The COUNTY will provide the funding of these PROJECTS through Community Development Block Grant funds. 3. The CITY will maintain these PROJECTS at no cost to the COUNTY. 4. County shall not begin construction work on said PROJECTS 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. 6. (a) Upon acceptance of said PROJECTS by the CITY, CITY shall indemnify, defend and save COUNTY and COUNTY's agents, officers and employees harmless from and against any and all acti~ 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 PROJECTS 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 PROJECTS 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. CITY OF CHULA VISTA COUNTY OF SAN DIEGO May Ci of C)lula Vista Clerk of the Board of Supervisors ATTES~ · APPROVED AS TO FORM: . County Counsel APPROVED AS TO FORM: Assistant City Atto~ey WPC 3307H