HomeMy WebLinkAboutReso 1970-5591
~~°3- _r_'~-~9
RESOLUTION NO4 5591
RESOLUTION OF THE CITY COUNCIL OF THE CITY CL ~'Fir,JLA.
VISTA, ,APPROVING AGREEMENT BETWEEN THE CITY OF ~'~T,?~.
VISTA AND THE DOWNTOWN ASSOCIATION RELATING TO THE
REFURBISHING AND INSTALLATION OF HANGING FLOWER BASKETS
IN THE DOWNTOWN AREA OF THE CITY OF CHULA VISTA
AND A~JTHORI Z ING THE MAYOR TO EXECUTE SAID AGREE`M~'T'""
The Ci.~.y Council of the City of Chula V~~ta d~_ ,~ ~~~+~=~~~~
reso~.~~e as fol..ows :
NOW, THEREFORE, BE IT RESOLVED thiar that c.e rr ~ ~ n ~:L r ~_ ~ ~~ >~ -
tetwe~~cs THE CITY OF` CHULA VISTA, a municipal ^~rp^ratioc;, ar;~ the
Downtown Association relating to the refurbishing and installation
of hanging flower baskets in the downtown area of the City of Chula
Vista
dated the 7th day of April , i ~ 70 ~ `~'~~?~' c, f ~-- o-; :.~r
~. s at~ tache:d hereto arad incorporated herein ,, the-- .game ~s ~~n .~~~ ai~: ~ ~ ~ i r
~G~x forth herezn be, end }he same is hereby apprcved~
BE IT FURTHER RESOLVED by the City Council of the City of
Chula Vista that the sum of $1,750 is hereby authorized to be
expended from the Promotion Fund.
BE IT F'~7RTHEl~ RESOLVED that the Mayor cif rr~Q ~ c_y ~: _ s r~ -_
Vista be, and he is riereby authorized and di tected to ~X~f~~a*
agreem~-?:car. f ~ and on behalf of the City of Chula v~ ~r a
Pr~en}.ed by
M1 ~ ~~
~ ~'
ordon E. Thorn, Administrative
Officer
Appr~~ved as *~,~ f.~~~-;, t:4,
George D. ndberg,~City Attorney
.ADOPTED AND APPROVED by the CITY COUN~.~?L or ~~~ ;~ ~ ~'~ '-~F a '~
~IISTA, CALIFORNLA, this 7th day of April x-70 c;,~ ~-~,_
frollcw~ng vats, to-wit:
A`~'E~, : Counci Imeca Sylvester, Hamilton, Hyde, McAllister
NFSYES : Counci,lmeca Scott
ABSEI~~T: Cow~ncilme~ None
C~ti~ ~ ~,
Mayox of the tix ty ~ ~ `>> t ~ r .~.
t.
~~~,C ~i~~C`k
ST~~TF Or: CALIFORNIA
~::;-~JN"I"'r' OF SAN DIEGO ~ ~.~ P
~-. h'~ Y C~!~' CH[JLA `iZSTA
AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE
DOWNTOWN ASSOCIATION OF THE CITY OF CHULA VISTA RE-
LATING TO THE REFURBISHING AND INSTALLATION OF HANGING
FLOWER BASKETS IN THE DOTfTNTOWN AREA OF THE CITY OF
CHULA VISTA
THIS AGREEMENT, made and entered into this 7th day
of April 1970, by and between the CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City"; and
the DOWNTOWN ASSOCIATION, hereinafter called "Association";
W I T N E S S E T H
WHEREAS, the Downtown Association of the City of Chula
Vista has heretofore requested authorization of the City of Chula
Vista to install certain hanging flower baskets along the public
right-of-way in the downtown area of Chula Vista on Third Avenue,
and
WHEREAS, the City Council of the City of Chula Vista
has heretofore on July 8, 1969 indicated that it would approve
such request and grant an encroachment permit for such purpose
subject to the terms and conditions to be set forth pursuant to
this agreement.
NOW, THEREFORE, in consideration of the premises and
for other good and valuable consideration, it is hereby agreed as
follows:
1. City of Chula Vista does hereby grant to the Down-
town Association of the City of Chula Vista authorization to
install certain flower boxes along Third Avenue in the downtown
area of Chula Vista, and does hereby grant an encroachment permit
authorizing said Downtown Association to install said baskets.
2. The Downtown Association hereby assumes full respon-
sibility for the initial installation of said flower boxes, hanging
baskets, flower baskets and shall provide all labor and material
necessary therefor and shall thereafter undertake any movement of
said baskets fully at their cost.
3. The Downtown Association hereby assumes full respon-
sibility for the repainting of said flower boxes as it becomes
necessary to repaint said flower boxes in order to maintain them
in a fresh and clean appearance preferably at least once per year
or more often as may be required.
4. The Downtown Association shall be responsible for
all repairs and replacement of said flower boxes and hereby agrees
to maintain said flower boxes in good and sound repair.
5. The Downtown Association hereby agrees that the
plastic flowers in said boxes will be replaced with flowers of
equal quality and of such variety as may be mutually agreed upon
between the parties hereto at least every five (5) years or more
frequently when the appearance of the flowers should dictate such
replacement. It is further agreed that all costs of labor anal
material for said replacement of flowers shall be borne by the
Downtown Association.
6. The plastic flowers to be installed in said flower
baskets shall be the officially adopted City flower, the geranium.
7. The Downtown Association hereby agrees to accept
any and all liability for damages arising to persons or property
which may result from the falling or movement of said flower
baskets or during the course of installation or removal thereof
or any other circumstance involving any or all of said flower
baskets. The Downtown Association agrees to carry insurance in
a form satisfactory to the City Attorney naming the City of Chula
Vista as coinsured and said insurance shall be in a minimum amount
of $100,000-$300,000 for damage to any person and $10,000 for damage
to property. The Downtown Association shall maintain a copy of
said policy of insurance in the office of the City Clerk showing
that said insurance is in full force and effect during the time
of this agreement and during the time when said flower baskets
are maintained in the downtown area as provided herein.
8. The Downtown Association further agrees to indemnify,
protect and hold harmless the City of Chula Vista from any and all
claims of liability for personal injury, property damage, labor
or material claims which may be made against said City by reason
of the installation of said flower baskets encroached in the
public right-of-way in the event that suit is brought upon this
agreement by City to enforce the terms hereof, City shall be
entitled to a reasonable sum as attorney's fees.
9. City hereby agrees to authorize the expenditure of
the sum of $1,750.00 for the purpose of purchasing the initial
flowers that shall be placed in said baskets from the Promotion
Fund of the City.
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
i
~~' ~ 1
Mayor of the Cityt of Cht~, a Vista
ATTEST
itv c:ler
Approved as to form by
1 ~'
i ~ ,>
George D, ndberg, Ci y Attorney
THE )DOWNTOWPI ASSOCIATION
n Dunn