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HomeMy WebLinkAboutReso 1946-765 a„ c 1 • . .,. RESOLUTION NO. 765 RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ANNA L. LINTHICUM AND HARRY SPAHN The City Council of the City of Chula Vista, DOES HEREBY RESOLVE, as follows: That certain agreement between the City of Chula Vista, as First Party, and Anna L. Linthicum and Harry Span, as Second Parties, dated October 8, 1946, a copy of which is attached to this resolution, marked Exhibit "A" and made a part hereof the same as though fully set out herein, be and the same is hereby accepted and approved. L. C. Koester, Mayor of the City of Chula Vista, be and he is hereby authorized and directed to execute the same for and on behalf of the City of Chula Vista. ADOPTED, SIGNED AND APPROVED this 8th day of October, 1946. - / Mayor of the ty of Chula Vista ATTEST: .00MMI' C ty c er• of he City of Chu a Vista,California STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, HERBERT V. BRYANT, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said Council held on the 8th day of October, 1946, and that it was so adopted by the following votes: AYES: Councilmen Riesland , Koester, Nashold NOES: Councilmen None Dyson, Kidder. , ABSENT: Councilmen / r City Clerk of the City : Chula Vi eta nalifnrnia z, •t STATE OF CALIFORNIA '} COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, HERBERT V. BRYANT, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and afore— „ going is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED: October 8, 1946. City Clerk of the City of Chula Vista, California • • AGREEMENT THIS AGREEMENT made and entered into this day of October, 1946, by and between the City of Chula Vista, a mun- icipal corporation, hereinafter referred to as "First Party", and Anna L. Linthicum and Harry Spahn, hereinafter referred to as "Second Party": W I TNES SETH: Second Party agrees to operate, manage and supervise the City Dump of the City of Chula Vista, located on Bay Boulevard in said City, upon the terms and conditions hereinafter stated: 1. The term of this contract shall commence on the 15th' :_. day of October, 1946, and shall end on the 14th day of October, 1947, unless sooner terminated as herein provided. 2. Second Party agrees to personally, or through their employees, keep said dump open to the public at least eight (8) hours each week day during the term thereof, and to have a man on duty at said dump eight (8) hours' each week day during the term thereof. 3. Second Party shall supervise the use of said dump by the public and shall at all times during the term hereof main- tain said dump in a clean, orderly and sanitary condition. 4. Said dump shall at all times during the term hereof be operated, managed and supervised to the satisfaction of the Superintendent of Streets of the City of Chula Vista. Said Superintendent of Streets shall be the sole judge of the proper operation, management and supervision of said dump. If, in the judgment• of said Superintendent of Streets, said dump is not properly operated, managed or supervised, the Superintendent of Streets shall notify the Second Party in writing setting forth the facts which do not constitute the proper operation, manage- ment and supervision of said dump. If the conditions enumerated in said notice are not corrected by the Second Party within twenty (20) days after receipt of said notice by the Party of the Second Part, then all rights of the Party of the Second Part un- CaU/(o-r O 3. der this Agreement may at the option of the City .of Chula Vista be terminated after twenty (20) days notice in writing to the Second Party, service of said notice shall be by registered mail addressed to the Second Party at t GJ eea... lJ1 , California. 5. Second Party shall during the term hereof, have sole and exclusive salvage rights in said dump; provided, however, that all materials salvaged by Second Party must be removed from said premises prior to the end of the term thereof, or prior to the expiration of the twenty (20) day period mentioned in para- graph four hereof, whichever date occurs first. 6. The City of Chula Vista agrees to make available to the Party of the Second Part a bulldozer with operator for not more than one day each week, so that said bulldozer may be used by the Party of the Second Part in keeping the dump in a clean, orderly and sanitary condition. 7. The City of Chula Vista Egrees to erect a fence along the said dump and to pipe water into said dump. 8. , The Party of the Second Part shall be entitled to salvage any and all material or junk on said dump on October 15, 1946, or placed on said dump thereafter during the term of this agreement, and to sell same to any party and retain the proceeds thereof and the Party of the Second Part shall also be given per- mission to maintain a sales yard on said dump and to sell other articles from said premises. 9. The Party of the Second Part is hereby granted the privilege of permitting others than citizens of the City of Chula Vista to use the said dump and to charge said parties a reasonable charge therefor which said charges shall be the property of the Party of the Second Part. 10. Second Party agrees to comply with all laws of the United States, the State of California, the County of San Diego, and the City of Chula Vista, in connection with the operation, management and supervision of said dump. -2- 11. Second Party agrees to hold the City of Chula Vista harmless from any and all demands, losses or liability resulting at any time or times from injury to or the death of any person or persons, and/or from damage to any and all property occurring in or about said premises, or from negligence, fault or omission of the Second Party, its agents, employees and/or servants, or resulting from noncompliance or miscompliance with any law, ordi- nance or regulation. 12. Second Party shall, without cost to First Party, and at all times during said term, cause to be maintained in full force and effect workmen's compensation insurance, public liability and property damage and such other insurance and in such amounts as the City of Chula Vista shall deem necessary in such companies as may be approved by the City Attorney of said City of Chula Vista. 13. The City of Chula Vista reserves the right to ter- minate this agreement without further notice or demand upon gen- eral assignment for the benefit of the creditors of Second Party, or upon the adjudication that the Second Party is bankrupt or insolvent, or should a receiver or other officer be appointed to take charge of the business or assets of the Second Party, or should this contract or any interest therein devolve upon or pass to any other person, firm, association or corporation, by operation of law, or otherwise than with the written consent of the City of Chula Vista. 1.4. It is agreed that each and every covenant hereof on the part of the Second Party are conditions precedent to be faithfully performed and observed by the Second Party, and if default be made in the performance or observance of any one or more thereof strictly as and within the terms of this agreement provided and said default is not corrected within twenty (20) days after written notice by the First Party to the Second Party, then the City of Chula Vista may at its option declare this -3- agreement terminated. 15. Second Party agrees that any waiver by the City of Chula Vista of the performance or observance of any one or more of the covenants or conditions in this agreement, or any leniency shown in respect thereto shall not be deemed to consti- tute the waiver of the right of the City of Chula Vista to p ro- ceed strictly against Second Party upon any subsequent breach of the same or any other covenant or condition of this agreement on the part of the Second Party. Dated at Chula Vista, California, this Sr day of October, 1946. CITY OF CHULA VISTA By: (�! First Urty Second P y co Party