HomeMy WebLinkAboutReso 1969-5301-ARESOLUTION NO. 5301-~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSUMING FULL RESPONSIBILITY FOR DAMAGE TO PERSONS AND PROPERTY
RESULTING FROM THE MAINTENANCE AND OPERATION FROM A CERTAIN
FERRY BOAT KNOWN AS THE SILVER STRAND AND ACCEPTING FULL
FINANCIAL LIABILITY FOR THE SALVAGE AND REMOVAL OF SAID
VESSEL FROM ANY PART OF SAN DIEGO HARBOR AND HOLDING THE
SAN DIEGO UNIFIED PORT DISTRICT HARMLESS FROM ANY AND ALL
RESPONSIBILITY OR LIABILITY WHICH MAY BE INCURRED BY THE
OPERATION AND MAINTENANCE OF SAID VESSEL
The City Council of the City of Chula Vista does hereby resolve
as follows:
WHEREAS, the City of Chula Vista has heretofore purchased from
the Department of Public Works of the State of California that certain
ferry boat known as the Silver Strand, and
WHEREAS, the City of Chula Vista pursuant to the terms of that
certain agreement with the Department of Public Works of the State of
California has agreed to accept delivery of said ferry boat at 11:59 P.M.,
on August 2, 1969, and
WHEREAS, thereafter the City of Chula Vista wishes to temporarily
moor said vessel at some facility in San Diego Harbor mutually agreeable
to the City of Chula Vista and the San Diego Unified Port District, which
mooring location shall hereafter be determined through negotiations with
the Port Director of the San Diego Unified Port District, and
WHEREAS, the San Diego Unified Port District has required as a
condition of the license, permit or agreement for said temporary mooring
of said ferry boat, that the City of Chula Vista furnish a certificate
of insurance to the San Diego Unified Port District with limits of
Badily Injury of not less than One Hundred Thousand Dollars ($100,000.00)
for one person and Three Hundred Thousand Dollars ($300,000.00) for each
occurence and with limits of Property Damage liability of not less than
One Hundred Thousand Dollars ($100,000.00) for each occurence, which
certificate will provide that insurer will not cancel without fifteen (15)
days prior written notice to the San Diego Unified Port District; that
the San Diego Unified Port District, is officers, agents, employees,
and servants are included as addition~nsureds and that San Diego Unified
Port District will not be responsible for any premiums or assessments
on the policy, and
WHEREAS, the San Diego Unified Port District further requires
that the City of Chula Vista assume full financial responsibility for
any cost which may be incurred in the salvage or removal of said vessel
or any portion from San Diego Harbor and to offer proof of the financial
responsibility of the City of Chula Vista and to hold harmless the San
Diego Unified Port District from any and all financial obligations resulting
from the possible salvage or removal of said vessel from any portion of
San Diego Harbor.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Chula Vista that it does hereby guarantee to the San Diego Unified
Port District that on or before August 3, 1969, the certificate of ins-
urance as hereinabove described shall be delivered to the Director of
the San Diego Unified Port District.
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BE IT FURTHER RESOLVED that the City of_ Chula Vista does hereby
declare that there is deposited in the unappropriated surplus of the
General Fund on the date of the adoption of this resolution the sum of
Five Hundred Thousand Dollars ($500,000.00) or more and further declare
that it shall not, without prior written notice to the San Diego Unified
Port District, appropriate from said unappropriated surplus of the General
Fund during the fiscal year 1969-70 any sums which may reduce said unappro-
priated surplus below the amount of Two Hundred Thousand Dollars
($200,000.00).
BE IT FURTHER RESOLVED that the San Diego Unified Port District,
its officer, employee, agent or servant thereof, shall not be liable for
any injury to person or property occasioned by reason of the acts or
omissions of the City of Chula Vista, its agents or employees or individual
contractor in the maintenance or operation of that certain ferrv boat
known as the Silver Strand. City further agrees to protect and~hold
harmless the San Diego Unified Port District, its officers, agents,
employees and servants, frcm any and all claims, demands, cause or action,
liability or loss of any sort resulting from damage to said ferry boat,
the Silver Strand, which should necessitate the salvage or removal of
said boat from any portion of San Diego Harbor.
BE IT FURTHER RESOLVED that in the event that suit is brought to
enforce said hold harmless agreement by the San Diego Unified Port District
to enforce the terms thereof, the San Diego Unified Port District shall be
entitled to a reasonable sum as attorney's fees.
BE IT FURTHER RESOLVED that the terms and conditions of this
resolution shall be binding upon the City of Chula Vista for a period of
thirty (30) days from and after August 3, 1969 and it is intended to
serve as assurance to the San Diego Unified Port District for the issuance
of a temporary license, permit or agreement for the temporary mooring
for that certain ferry boat known as the Silver Strand.
Presented by
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Daniel A. McCorquodale, Mayor
Approved as to form by
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George D,'Lindberg, City Atto y
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ADOPTED ADTD APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA
CALIFORNIA, this 31st day of
July
1969 by the following vote,
to-wit:
AYES: Councilmen McCorquodale, McAlister, Scott, Sylvester, Hamilton
NAYES: Councilmen None
ABSENT: Councilmen None _..--••--~ °~~~
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Mayor of t e City o Chula Vista
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ATTEST S -: .. _-t. ~ e = ' ,u
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STATE OF CALIFORNIA )
COUNTY OF SAN 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
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