HomeMy WebLinkAboutReso 1967-4385_~ r ~. ,
Form No. 342
RESOLUTION NO. 4385
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
THE SAN DIEGO AND ARIZONA EASTERN RAILivVAY COMPANY FOR THE
USE OF THE "F" STREET RAILROAD BRIDGE
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
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 San Diego and Arizona Eastern Railway
Company
dated the! 1Gt day of ;, ,y , 19~~, 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 I"T FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and d~_rected to execute said
agreement f~;r and on behalf of said City.
Presented by
C _._
~~
Lane F. Cole,Director of Public Works
Approved as to form by
George D, indberg,City Attorne
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9iJG:~'~ED ~iND Ai?PR0`JF;D by th-~ CITY CGC7NCI~ of the ~.yIY GF ~.;HzJEA VISTn~
CA~1rFGRNIA, this _25th daY of ~_ April ~, i967 , i;y the. r:~lo~aing vote,
to-wit
A`iES° Gcunciimen. Sparling, Sylvester, Anderson, McCorquodale, McAllister
NAYES~ Cou~zcilmen None
ASSENT o Coiznci amen None
~.TTEST ~_ ---~ G~-c-~-~ ~,E-~.
_ City Clerk
STATE OF Cr~T~Ir SRN IA )
CGtiNT'? JF SAN DIEGG i ss .
CITY GF CHU:~A VISTA i
I~ 'iZENNETH ~ _ C.~.'~fEBE'Z~~ City Clerk of the City of Ch~u?a ~~ista.. Califor~r~ia,
DO HEREBY C%RTIFY' that c.he above and for_egoir~g is a fu2'_, true :~.r~d corre.ct copy of
and that the same -"as nar_ been amended
or repealed.
7AI'ED ;;
City Clerk
RAF - VI - 9364/323
AN AGREEMENT FOR THE USE. OF THE
"F" STREET RAILROAD BRIDGE
THIS AGREEMENT, made this lst day of May ,
1967, by and between SAN DIEGO AND ARIZONA EASTERN P,AILWAY COMPANY,
a corporation, herein termed "Pailroad" and CITY OF CHULA VISTA, a
municipal corporation of the State of California, herein termed
"City"~
RECITALS:
Railroad has constructed and is at the present time
using its so-called "F" Street bridge, in the City of
Chula Vista, County of San Diego, State of California.
City desires to have limited use of said bridge to elm-
inate traffic congestion in the vicinity of the Rohr Air-
craft Corporation plant, and Railroad is agreeable subject
to the following terms and conditions.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed as follows:
1. In consideration of the receipt by Railroad of the sum
of Twenty-five Dollars ($25.00) paid by City, and in further consid-
eration of the performance by City of the terms and conditions herein
contained, Railroad hereby permits City to pave portions of said "F°'
Street bridge and to open said bridge to vehicular traffic. Said
paving shall be placed on said bridge in a good and workmanlike manner
to the satisfaction of Railroad.
2. The said bridge shall be used for vehicular traffic only
on weekdays, between the hours of 3:30 p.m. and 5:00 p.m. Traffic
Officers shall be placed at the crossing of the road and the Railroad
main line during the times the said road is being used for vehicular
traffic.
Should it become necessary for Railroad to use its tracks,
which traverse the said bridge, during the hours between 3:30 p.m. and
5:00 p.m. when said roadway is open to vehicular traffic, said traffic
officers shall clear said roadway of vehicular traffic and shall pro-
tect both the entrance and exit of said "F" Street bridge.
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3. All costs in connectior. with the work contemplated
hereunder and the opening of the said bridge to vehicular traffic
by the City shall be borne by other than Railroad. City agrees to
reimburse Railroad or arrange for Railroad to be reimbursed for any
expense incurred by Railroad in connection therewith.
4. Upon completion of the construction of the Route 5 cver-
pass for prolongation of "F" Street to Bay Boulevard West, in said
City, the installation contemplated hereunder on Railroad's property
shall be removed and the property restored to its former state, all
at the expense of City.
5. City agrees Lo make any necessary requests to the public
body or 'oodles having jurisdiction thereover, for any authority which
may be required hereunder, and the cost of any autornatic crossing
protective devices ordered by such public body cr bodies shall be
borne by other than Railroad.
6. City, at City's expense, shall install barricades or
gates, which shall be kept locked at all times except when said bridge
is open for vehicular traffic. City, at City's expense, shall install
appropriate signs, including those necessary for indicating that the
said bridge is to be used for one-way traffic.
7. City, at City's expense, shall furnish to Railroad a
policy of Public Liability and Property Damage insurance in the a_nounts
of $200,000/$500,000 bodily injury and $100,000/$200,000 property damage,
which insurance shall name Railroad as the insured.
8. The permission herein given is contingent upon Rohr
Corporation furnishing a commitment to Railroad tiZat it will use its
best efforts to make delivery of its cars to Railroad befcre 3:00 p.m.
on such days as Rohr Corporation requires service.
9. City shall pay for all materials joined or affixed to
said property and for all labor performed upon said property at City's
instance or request, and City shall not permit or suffer any mechanics'
liens or materialmen's liens of an_y kind or nature to be enforced against
the property of Railroad for any such work done or materials joined or
affixed thereto.
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10. This agreement may be terminated by either party hereto
by giving t'rlirty (30) days written notice to that effect to the other
party.
11. This agreement shall be binding upon and inure to the
benefit of the successors and assigns of Railroad and the assigns of
City.
IN VvITNESS WHEREOF, .the parties hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
SAN DIEGO AND ARIZONA EASTERN
RAILWAY COMPANY
BY
(Title) Vic P^~~-,= ~+
CITY OF CHULA VISTA
B - ~- v
yor
~~ ,-
Ci Y clerk ~-`~
~ TATE ~F C,ARF6kNIA GRANT
F r',' uN7gDdY1RY PLSUC -,~ACIFDRMUI
~ ~, , ' ;' °:% ?RINCIPAC OFFICE IM
~ ~ S--`9N ~j~~~GO COUNTY
°n---~- -------- -Ri'-i.l..-.2.f.th 1.9.0.7...--•--------....... _
before me, the undersigned, a Notary Public in and for said
County and State, personally appeared..-..-.-.
.J,r .:........................
a
= -...... Dime.1---~-~----I~cC.arqu..oda.~:-c-•---MaxQx---------
and
o Kenneth Cam b ~ - ~- ~- -'---~-`- --°
...............------------------------ P--e-11-'.-.City -Clerk
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...
a -----°--°--°------°----°-------- ---- -
m 'c ---... ----------•-----
N Q known to me to be the person.S.... whose name.S....-..,_-------,
o LL subscribed to the within instrument and acknowledged to me
that-.-..-...------1r.~~y-.°----°--- '-"-- cuted the same.
_ WITNESS my ha~nd~yoff~icial s~
(Seal) ._ f! '.'_"..'."..-.-•: ' - ~ --
...... .
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&'~PCi6R~ Tor said County and State.-~----
~Y cnmmission expires Sept.'27~ 1968
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CERTIFICATE OF INSURANCE
This is to Certify, that policies in the name of CITY OF CHULA VISTA
(Name of Insured)
CHULA VISTA, CALIFORNIA
(Street and Number) (City or Town) (State)
are in force at the date hereof, as follows:
POLICY LIMITS Of LIABILITY
KIND OF POLICY POLICY NO. PERIOD
Bodily Injury
Property Damage
Provided by Workmen's
A-Workmen's Eff. Compensation Law State of Nil
Compensation
Exp.
B-Manufacturers' or Eff. Each person $ Each accident $
Contractors' Liability Exp. Each accident $ Aggregate $
C-Owners', Landlords' Eff. Each person $ Each accident $
and Tenants' Liability
Exp.
Each accident $
D-Owners' or Contractors' Eff. Each person $ Each accident $
Protective Liability Exp. Each accident $ Aggregate $
E-Scheduled Eff. Each person $ Each accident $
General Liability
Exp.
Each accident $
Aggregate $
F-Automobile
Liability
(U Owned Vehicles
(2) Hired Vehicles Eff. Each person $ Each accident $
Exp. Each accident ?
(3) Other Non-owned
Vehicles
G-Comprehensive Eff. Each person $ Each accident $
Liability
(1) Automobile Exp. Each accident $
(2) General CGA 307132 Eff. 9-13-67 Each person $1, 000, 000. Each accident $ 1, 000, 000.
Exp.9-13-68 Each accident $ Combined Combined
Aggregat~in~le Limit AggregateSin~le Limit
Eff. Each person $ Each accident $
(3) General-Automobile Exp. Each accident $
Aggregate $ Aggregate $
and cover, in accordance with the policy terms AGREEMENT 6c RESOLUTION ~ 4385 BETWEEN THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA AND THE SAN DIEGO Sr ARIZONA EASTERN
RAILROAD CO., AUTHORIZING THE USE OF THE "F" STREET RAILROAD I~~I
BRIDG$
Certificate issued to SAN DIEGO AND ARIZONB EASTERN RAILROAD CO•
at 45 12th Street, San Diego, California
In the event of any material change in or cancelation of said policies the undersigned company will notify the party to whom this certificate
is issued of such change or cancelation.
----- TRANSIT--CASUALTY--COMPANY------------------
756 So. Spring St.
-----_Los--Angeles,-- California
----- - ---------------------------------
Dated 11-29-67 /Ch
GU6469a 1Ed. 5-54) UNIFORM PRINTING @ SU\\P~~rP~LY DIV.
CERTIFICATE OP INSURANCE
To: SANDIEGO ~ ARIZONA EASTERN RAILROAD CO,
Mr. W. B. Barker, Supt.
Address: 45 12th Ave„ San D sego, California
THIS IS TO CERTIFY as to the existence as of this date of the below described insurance. Should any change occur in the amount of
coverage, or should the policies be cancelled, the underwriters listed below will endeavor to give written notice to the holder of this
certificate, 10 days prior to the effective date thereof.
Name of Insured CITY OF CIIULA VISTA Address
Description of Work *See Belot Locations
CHULA VISTA. CALIFORNIA
INSURANCE POLICIES IN FORCE
Coverage Policy No. Expiration Limits of Liability Underwriters
Workmen's Compensation Statutory
& Employers' Liability
General Liability: *
(Other than Automobile) ~_ 30 71 32 9-13-67
$1,000,000.00 Combined Single
unit .Transit Casualtq Co.
Bodily Injury:
Property Damage: n n ~r t~ es tr
Automobile Liability:
Bodily Injury:
Property Damage:
~~~~ *Agreement and Resolution #4385 between t City Council of Chula Vista,
Californ and the San D ego ~ Arizona Ea stern Railroad Co., authorizing
the use o the "F" Str et railroad brid e.
* General Liability Coverage includes: Contractual Liability, Completed Operations and Protective Liability.
Above Subject to-the Terms and Conditions of the Policies.
~:~, -
Date >saT, 1~, 1967/ch , ~.'~=::~"
PHONE Dunkirk 5-2471 BOYLY_ IIAIlRTIN 1~ FOY_ !ec_
BAYLY, MARTIN & FA^'Y.~ Inc.
AD'~~~NI1~~L'fV1AC~~~I'F.~ Cfn c.
~~
By - ~ ---~~~~""`
39(1!1 W11 CLIIDC QI Vll ~ nC w w~~e~ ~r r ~...~~.......
CERTIFICATE OF INSURANCE
To: SALID~IEt,~ d. Ail~tza~- BA&'x81t>B WIIIdkiQilll C+p.
Ur. N. ~. Tprrlcer, Supt.
Address: 4S 12th A'+re.i Se=t D iegv. Celiforaia
THIS IS TO CERTIFY as to the existence as of this date of the below described insurance. Should any change occur in the amount of
coverage, or should the policies be cancelled, the underwriters listed below will endeavor to give written notice to the holder of this
certificate, 10 days prior to the effective date thereof.
Name of Insured ~~ OF t~l'i+EIJ1 ~~ Address ~~ ~• C~I1~tI>giilU
Description of Work- *'Ste ~~ Locations
INSURANCE P041CIES IN FORCE
Coverage Policy Na 'Expiration Limits of Liability Underwriters
Workmen's Compensation Statutory
& Employers' Liability
General Liability: *
(Other than Automobile) ~~ ~~ 71 ~~ ',~-13-67 $1,fltxD,01rr0.Ot3 Cahrbined Single is-it Transit Ces. Co.
Bodily Injury:
Property Damage: et n tr tt it tM
Automobile Liability:
Bodily Injury:
property Damage:
C]a~~°: ~ArA~le~~ iAiT ~ee0~1A~~.gQ '~l~g ~~1!!!~ I: (~'~~J- (~"Qi1~~~. Q~ r{~'111si QiiCi~
C~liforn and the Ben ego i Arisoae 8s etera >Ir~ilr~d co. y eathoritciag
the ~aee o the "F" St et rwilroe~ lurid e.
~` General Liability Coverage includes: Contractual Liability, Completed Operations and Protective Liability.
Above Subject to the Terms and Conditions of the Policies. BAYLY, MARTIN & FAY, Inc.
AMERICAN INDEPENDENT AGENCIES. Inc.
Date ~e73-~l~y iq(~7'feh B
Y
PHONE Dunkirk 5-2471 BAYLY_ D~AARTIN & FAY_ lee_ z~nn WII CLIIDC n~ vn ~ ne ~ ~~.-~~ ~~ ~ ~ • • •~-~~-~~ -
6-66
8-2-6D
SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY
45 12TH AVENUE, SAN DIEGO, CALIFORNIA 92101
J. H. LONG June 1, 1967
VICE PRESIDENT AND GENERAL MANAGER IN REPLY PLEA6E REPER TO
W. B. BARKER
6UPERINTENDENT E 3055-4
Mr. Kenneth P. Campbell, City Clerk
City of Chula Vista
Chula Vista, California 92010
Dear Mr. Campbell:
Attached for your records is fully executed
counterpart of agreement between San Diego &
Arizona Eastern Railway and the City of Chula
Vista, dated May 1, 1967, covering use of rail-
road bridge at TtF" Street over freeway for
vehicular traffic from Rohr.
Yours truly,
W. B . ~ARKER
y
Attachment - 1
6-66
8-2-SD
SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY
45 12TH AVENUE, SAN DIEGO, CALIFORNIA 92101
J. H. LONG T¢„ In 9~ 7 IN REPLY PLEASE REFER TO
VICE PRESIDENT AND GENERAL MANAGER 1•.ilrC !.-' , 1 U
W. B. BARKER
6UPERINTENDENT
~ 0 5 5 /,.
rTr. area 1l.osJ
City ~;drilinistrator
City of Chula jTi sta
276 Cu.ava Street
Chula `~lis,ta, California 92010
Dear i ~r. Ross
1"n regard to several discussions concerning use
of railroad bridge at ttF~t Street over f reetivay for
., „ .
vehicular tra~zic fro~-r. ~oilr, I ar:~. attaching duplicate
counterparts of agreement to permit such use.
~,` reemer~t should 'ce eLecuted on behalf of City
of Chula Vista and copy of resolution authorizing such
execution should acccmpan~T both counterparts, ti-rhich
should be returner. to r:e for execution on behalf of
the railroad. Fully executed coun~~erpart t--rill then
be ~ urnish.ed you.
Yours truly,
I. B . LxRKF,R
Y
_'ittaC''i'7_rileiZt - ~
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