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HomeMy WebLinkAboutReso 1987-13370 RESOLUTION NO. 13370 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THAT THE COUNTY OF SAN DIEGO TRANSFER $22,000 IN SURPLUS MONTGOMERY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE FRESNO AVENUE STREET IMPROVEMENTS PROJECT AND APPROVING A CONTRACT WITH THE COUNTY OF SAN DIEGO FOR COUNTY IMPLEMENTATION OF THE FRESNO AVENUE STREET IMPROVEMENTS PROJECT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the County of San Diego and the City of Chula Vista wish to include a 2% raised street crown as part of the Fresno Avenue Street Improvements Project; and WHEREAS, the estimated cost of this additional design measure is $22,000; and WHEREAS, sufficient surplus Montgomery 1986-87 and 1987-88 Community Development Block Grant funds are available to finance the cost of said additional design measure; and WHEREAS, the County of San Diego and the City of Chula Vista are mutually desirous of having the Fresno Avenue street improvements project implemented in the Montgomery area of Chula Vista; and, WHEREAS, the County of San Diego has committed Community Development Block Grant funds to finance implementation of said public improvement project; and, WHEREAS, a contract between the County of San Diego and the City of Chula Vista has been prepared to provide for County implementation and City maintenance of said public improvements, a copy of said contract is attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista requests that the County of San Diego transfer $22,000 in surplus 1986-87 and 1987-88 Montgomery Community Development Block Grant funds to the Fresno Avenue Street Improvement Project. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves said contract with the County of San Diego for County implementation and City maintenance of the Fresno Avenue Street Improvements Project. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is authorized to execute said contract. Presented by Approved as to form by ~au~ G.~e~o~chers Thomas d. Harron ~)~ /' Community Development Director City Attorney WPC 3275H -2- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th dOy of. December 19 87 , by the following vote, to--wit: AYES: Councilmen Moore~ Nadert Cox~ McCandliss NAYES: Councilmen None ABSTAIN: Councilmen Uone ABSENT: Councilmen. Malcolm ~hulo Visfo ATTEST ~ City STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vist(~, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of RESOLUTTON NO. 13370 ,ond thor the some hos not been omended or repeoled. DATED City Clerk CI'iY OF CHUIA VISI'A AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND CITY OF CHULA VISTA FOR CONSTRUCTION OF FRESNO AVENUE ROAD 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 a road improvement project within the CITY which consists of improving the drainage facilities; widening the road; building concrete curb, gutter and sidewalk; and resurfacing the existing pavement of Fresno Avenue; and WHEREAS, improvements to Fresno Avenue hereinafter referred to as "PROJECT", will benefit residents of the CITY; and WHEREAS, COUNTY will provide the costs of the PROJECT through Community Development Block Grant funds; and WHEREAS, COUNTY and CITY desire to specify herein the terms and conditions by which said PROJECT 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 PROJECT and manage the construction of PROJECT. 2. $22,000 of surplus 1986-87 and 1987-88 Montgomery CDBG funds will be allocated to the project for the additional asphalt concrete to provide 2 percent minimum crown on Fresno Avenue. 3. The COUNTY will provide the remainder of the cost of the PROJECT through Community Development Block Grant funds. 4. The CITY will maintain the PROJECT at no cost to the COUNTY. 5. County shall not begin construction work on said PROJECT until CITY approves all plans and specifications for the work to be performed. 6. CITY shall inspect all work performed and certify that the work was completed in accordance with the approved plans and qpecifications. 7. (a) Upon acceptance of said PROJECT by the CITY, CITY shall indemnify, defend and save COUNTY and COUNTY's agents, officers and employees harmless from and against any and all active 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 PROJECT 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. 8. This Agreement may not be modified, amended or otherwise changed unless by an amendment in writing executed by the parties hereto. 9. Except as provided in Section 7Ia), this Agreement shall terminate after completion of construction of PROJECT 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 CH~dLA VISTA COUNTY OF SAN DIEGO BY: ~ BY: Mayor of[/th~City of Chula Vista Clerk of the Board of Supervisors ATTEST: APPROVED AS TO FORM: ~/ ~- City Clerk~/ ~ County Counsel APPROVED AS TO FORM: BY: 'stant City Atto n~]/~/~I~7 WPC 3275H , ...iMONTGOMERY m STREET ,, l~l I.I I~ I~L, I1 I lllm~ i '1~1 · I ZENITH STREET MAIN STREET ~ ~ III I Ifllllllll K