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Home My WebLink AboutReso 1969-5301RESOLUTION N0. 5:,~4~ -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE DEPARTMENT OF PUBLIC WORKS OF THE STATE OF CALIFORNIA FOR TRANSFER AND PURCHASE OF THE SILVER STRAND FERRY BOAT, AUTHORIZING THE EXPENDITURE OF FUNDS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a Municipal corporation, and the Department of Public Works of the State of California for the purchase of the Silver Strand Ferry Boat, dated July 22, 1969, 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 sum of $100.00 for the purchase of said ferry boat be, and the same is hereby authorized to be expended from the 1-19-BO8B Fund for said purposes. 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 said City. Presented by ~ _ ~Iliam L. Sullins, Administrative fficer Pro Tempore Approved as to form by ~~ George D.~ indberg, City Attorne ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA CALIFORNIA, this 22nd day of July 19 69., by the following vote, to-wit: AYES: Councilmen i~•icAllister, Sylvester, bic~orquodale NAYES: Councilmen Hamilton, Scott ABSENT: Councilmen None ~~i~ ~ - ~ r, / ~ ~'`-`~""`` ay6r of the City of C la Vista . ~. ATTEST ~ ~ _ _ ~"', ~ ~ ~ , ~{: ~/ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAPd DIEGO ) ss. CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed, DATED : City Clerk t,~ ~~~ AG~iEEI+~ET3T Fc~P TT~ANS~'ER AND PliRCHASE OF TIDE SILVER STR~~iD FERRY BOxT T~~I S ~~GREEN'~E~'vrT , made and entered into thi s ~ day of 19FQ, by and betT,~°een the City of Chula Vista, a ~~unicipal corporation, hereinafter called "City", and the Department of Public ~tv+orks, a Department of the State of California, hereinafter called "Department'T; ITA3ESSETH tv~HEPLEAS, the City of Chula Vista desires to acquire one of the ferries presently carrying automotive and passenger traffic betvaeen San Diego and Coronado which ferrtr will no longer be in service upon the completion and opening of the Sar~ Diego- Coronado Day F3ridge, and ?^7HEREAS, City wishes to use such ferry for a public purpose specifically for historical, cultural, educational or transportational purposes, and ir~f'HEPHk~ S, the Department c_f Public ~iorks has been authorized to transfer ene of said ferries to the City of Chub. Vista, and ~v'~iEP~EAS, the Department of Public uborks has determined that it desires to sell and transfer the ferry boat known as the Silver Strand, to the City of Chula Vista for the s~.azn of X100.00, and WHERE~~.S, the City of Chula Vista agrees to pay said sure of X100.00 and be bound by the terms and conditions set forth herein. ,'~ ~ ,,~_ ~~ ~ ~~'~ Nt~G~, THF,FiFFt~R.~, IT IS 3r:UTUALLY AGREuD by and between the parties hereto, in consideration of said ferry boat and for other goad and valuable consideration, receipt of which is hereby acknowledged, as follows: 1. Oity agrees to pay the sum of X100.00 to the Lepart- ment of Public r~~orks of the ,Mate of California an or before August 1, 19b9. 2. The Department of Public 'uJorks of the State of California agrees to transfer title of that certain ferry baat known as the Silver Strand to the City of Chula Vista on August 2, 19b9, at the hour of 11:59 p.m. 3. City agrees to accept title at 11:59 p.m., August 2, 1969, and to transport said Silver Strand Ferry Boat from its r~aor- frig place as part of the San Diego-Coronada ferry service, to a place of mooring designated by City. If Department so desires, Department may make arrangements with others to deliver the boat to City's temporary mooring facility in National Char and City wi11 pay for such delivery. 1~. Department shall transfer said ferry boat intact and shall remove na (fittings, equipment. or parts of said boat, except the ship's bell which. will be removed by the State prior to delivery far another public use and will not be replaced. 5. City agrees to hold title to said boat and shall not sell, lease, or hypothecate said vessel or any fittings, equipment or parts thereof except in accordance with the terms and conditions cif this agreement. b. City agrees that said boat shall be used solely and exclusively for public purposes specifically for. historical, cul- tural, educational ar transport ational purposes. ?. City further agrees that it is the intent of City to convert or cause to be converted by lessee of the City, said `Ja~~~w Spar ~a r_a~ ,.:J cam, c,i ~:19NV ~v i.'':;.a v,....5~.. f}u."_.~.. W..._+~.. .~~.~1i ~~ ~i J._. .. consistent with said cultural use. City agrees that it shall not lease said boat except to a nonprofit corporation established to operate said boat for the purposes set forth herein and in accordance with the terms and conditions contained in this agreement,. ~. City agrees that if at any time it should desire to sell ar dispose of said vessel or any fittings equipment or parts thereof if it deems that it is no longer desirous ar feasible to make use of said ferry boat far historical, cultural, educational or transportational purposes and specifically for the purpose as designated herein, the operation of a showboat, it shall first obtain authorization from the Director of Public ti~?orks of the State of California and all proceeds of said sale shall be returned to the Director of Public ti'uorks of the State of California. 9. In the event that City ceases to use said Silver Strand Ferry Boat for the purposes set forth herein it may dispose of said boat with the authorization of the Department of Public t~;arks and in a manner approved by said Department. 1.C. City agrees that if it desires to use said Silver Strand ~`erry :Beat for any purpose other than the specific use of a showboat and ancillary uses thereto, it shall first obtain the authorization of the Department of Fublic Works of the State of California. 11. City shall furnish a certificate of insurance to the Department with limits of bodily injury of not less than fifty thousand (~S~,OCC) for one person and one hundred thousand -3- l~,J ~ ~- U o (~iC}0,000~ for each occurrence and with limits of property damage liability of not less than ten thousand 010,000) for each occurrence. The certificate of insurance will provide: 1. That the insurer will not cancel the insureds coverage without l~ days prior w2^itten notice to the State. 2. That the State of California, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations of the ferry transferred hereby are concerned. 3. That the State will not be responsible for any premiums or assessments on the policy. City agrees that the 'oodily injury liability insurance herein provided for shall be in effect at all times. during ownership of the ferry by the City. In the event said insurance coverage expires at anv time or times during the terM of this contract, City agrees to provide the Division of :day Toll Crossings, Department of public ~Jorks, 1~1 Fremont Street, San Francisco, California 9.105, at least fifteen (15) days prior to said expiration date, a new certificate of insurance evidencing insurarsee coverage as provided for herein far not less than the remainder of the term of the contract, or for a period of not less than one (1~ year. stew certificates of insurance are subject to the approval of sand Department and City agrees that no work or services shall be performed prior to the giving of such _;~_ approval. In the event City fails to keep in effect at all times insurance coverage as herein provided State may, in addition. to any other re~nedies it may have, obtain such insurance and City shall be liable for the premiums thereof. 12. It is understood and agreed that this agreement shall be binding upon City and its successors and assigns, and upon ~epartr~ent, its successors and assigns. IN ~~ITNESS T~'HERE~F the parties hereto have executed this a,gree:~ent the day and year first hereinabove set forth. E'C-3`1~'Y CF CHULA VISTA -, or~o the Gity o C ula Vista r. _` ATTEST: `"~ n_~-~~~--~-~..-~.~ ~r,ice.~~.~', ..L-' ~_~ty Clerk DEPARTMENT CF PUBLIC 1Nt~AKS ~F THE STATE CF CALIFOR.t~'IA ~3y Approved as to fora b George D ..,~ zndberg, City Attorne, ~ ~.~ ~^ ~) ~ ~~