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HomeMy WebLinkAboutReso 1998-19308 RESOLUTION NO. 19308 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN EXPENDITURE OF $400,000 FROM CAPITAL IMPROVEMENT PROJECT (CIP) ST123 FOR SETTLEMENT OF ALL CLAIMS ARISING OUT OF THE MATTER OF GRANITE CONSTRUCTION COMPANY v. CITY OF CHULA VISTA RELATING TO THE CONTRACT FOR THE IMPROVEMENT OF OTAY VALLEY ROAD FROM 1-805 TO 1200' EAST OF NIRVANA AVENUE WHEREAS, all claims arising out of the matter of Granite Construction Company v. City of Chula Vista (San Diego Superior Court Case No. 706901), arising out of the contract between Granite Construction Company and the City of Chula Vista relating to the contract for the improvement Otay Valley Road from 1-805 to 1200' East of Nirvana Avenue in the City of Chula Vista have been settled; and WHEREAS, claims arising out of the contract should be paid from the Capital Project ST123 Project Accounts versus the general funds; and WHEREAS, utilization of such funds will also facilitate tracking of expenditures. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize an expenditure from Capital Improvement Project (CIP) ST123 in the amount of $400,000.00 for settlement of all claims arising out of the matter of Granite Construction Comicany v. City of Chula Vista (San Diego Superior Court Case No. 760901 ) relating to the contract for the improvement of Otay Valley Road from 1-805 to 1200' east of Nirvana Avenue. Presented by Approved as to form by Teri Enos '/ohn MTKaheny ~ Risk Manager orney Resolution 19308 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15'h day of December, 1998, by the following vote: AYES: Councilmembers: Davis, Moot, Padilia, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: BeveFly~.Autk'elet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19308 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15'h day of December, 1998. Executed this 15'h day of December, 1998. Beverly t-~.Authelet, City Clerk