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HomeMy WebLinkAboutReso 1990-15546 RESOLUTION NO. 15546 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT OF AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO TRUST AND SAVINGS BANK FOR THE INSTALLATION OF TRAFFIC CONTROL FACILITIES The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista (herein referred to as "City") and San Diego Trust & Savings Bank {herein referred to as "Bank") entered into an agreement on April 26, 1988 for the installation of a traffic control barrier on the Bank's property located at 444 "H" Street to prevent thru traffic from H Street to Fig Avenue during non-bank operating hours; and, WHEREAS, said agreement specified the Bank's operating hours as 8:30 a.m. to 6:30 p.m. Monday through Friday and indicated that the traffic control barrier would be in place during all non-bank operating hours including weekends; and, WHEREAS, the Bank now wishes to expand its business hours to include Saturdays at its branch office at 444 H Street and, in conjunction therewith, open the barrier across its property during Saturday operating hours; and, WHEREAS, the City and the Bank wish to amend the agreement in order to clarify the times when the barrier is to be in place and when it may be removed during the Bank's expanded business hours. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the First Amendment to the agreement between the City of Chula Vista and the San Diego Trust & Savings Bank to Install Traffic Control Facilities, attached hereto as though fully set forth herein, is hereby approved. BE IT FURTHER RESOLVED that the Mayor be hereby authorized to execute said agreement on behalf of the City. Presented by: Approved as to form by: Resolution No. 15546 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of March, 1990 by the following vote: AYES: Councilmembers: Malcom, McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~ Cox, Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15546 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 13th day of March, 1990. Executed this 13th day of March, 1990. B~ AutAelet, City Clerk FIRST AMENDMENT TO TRAFFIC CONTROL FACILITIES AGREEMENT This First Amendment To Traffic Control Facilities Agreement ("Amendment) is entered into as of March 13., 1990 , 19 , by and between the City of Chula Vista, California, a mun~ipal corporation ("City") and San Diego Trust & Savings Bank, a California banking corporation ("Bank") with reference to the following facts and circumstances: RECITALS A. City and Bank executed that certain Agreement Between The City of Chula Vista and San Diego Trust & Savings Bank To Install Traffic Control Facilities on April 26, 1988 ("Traffic Control Agreement") with regard to the installation and utilization of certain traffic control facilities placed in, on or about Fig Avenue in the City between "H" Street and "I" Street. B. Bank wishes to expand its business hours at its branch office located at 444 H Street in the City and, in conjunction therewith, open that certain visible traffic barrier ("barrier") across its property which it is currently required to close at certain times pursuant to the Traffic Control Agreement. C. The parties hereto wish to amend the Agreement in order to clarify the times when the barrier is to be in place and when it may be removed during Bank's business hours. NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Paragraph 6 of the Traffic Control Agreement is hereby deleted in its entirety and the following substituted therefore: "6. BANK will fund, install and maintain a visible traffic barrier (hereinafter "barrier") across its pro- perty to prevent through traffic from accessing south- bound Fig Avenue during the times set forth hereinbelow. The form, placement and materials of the barrier pursuant to this paragraph, shall be mutually agreed upon by representatives of the CITY and BANK. BANK may open this barrier from 8:30 a.m. to 6:30 p.m., Monday through Saturday. BANK shall be responsible to see that this barrier is in place at all other times. BANK shall have the right to make requests to the CITY to amend this Agreement with regard to the times Of closure of the barrier in the event the BANK's business hours are modified in the future. Resolution 15546 Page ~ 2. Paragraph 7 of the Traffic Control Agreement is hereby deleted in its entirety and the following substituted therefore: "7. CITY shall be responsible for monitoring BANK compliance of the closure of the barrier. CITY shall designate appropriate CITY staff to inspect the barrier's closure in accordance with the terms of paragraph 6 hereof, at such intervals and times as CITY deems appropriate." 3. Paragraph 8 of the Traffic Control Agreement is hereby deleted in its entirety and the following substituted therefore: "8. In the event that BANK fails to close the barrier in accordance with the terms of paragraph 6 hereof, BANK shall be subject to a $100 fine for each such violation. The fine shall be payable to CITY." 4. The second sentence of paragraph 9 of the Traffic Control Agreement is hereby deleted in its entirety and the following substituted therefore: "9. One violation, for purposes of this Agreement, shall be the complete failure to place the barrier in place between: (i) 6:30 p.m. on any week day and 8:30 a.m. the following day, or (ii) 6:30 p.m. on Saturday and 8:30 a.m. the following Monday." 5. The first sentence of paragraph 16 of the Traffic Control Agreement is hereby deleted in its entirety and the following substituted therefore: "16. This Agreement and the obligation to barricade BANK'S parking lot, in accordance with paragraph 6 hereof, to southbound through traffic shall remain in effect for so long as the traffic control facilities remain in the location described in Exhibit "A". 6. Except for the amendments and modifications set forth herein, all of the other terms and conditions of the Traffic Control Agreement shall remain in full force and effect and be unmodified hereby. /// /// /// /// /// /// /// /// /// -2- 022690 Resolution NO. 15546 Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written. CITY OF CMULA VISTA, SAN DIEGO TRUST & SAVINGS BANK, a municipal corporation a California banking corporation By Gregory~Coxl Mayor City of Chula Vista First Vice President APPROVED AS TO FORM: City Attorney -3- 022690