HomeMy WebLinkAboutReso 1986-12835 RESOLUTION NO. 12855
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING A RIGHT-OF-ENTRY PERMIT FROM THE
METROPOLITAN TRANSIT DEVELOPMENT BOARD FOR ACCESS
TO THE NATURE/INTERPRETIVE CENTER
The City Council of the City of Chula Vista does hereby resolve
as follows:
WHEREAS, the Redevelopment Agency of the City of Chula Vista has
obtained an easement across the Chula Vista Investment Company Bayfront
property for access to the Nature/Interpretive Center site via "E" Street;
and,
WHEREAS, access rights also must be obtained from the Metropolitan
Transit Development Board to cross their property adjacent to "E" Street and
Bay Boulevard; and,
WHEREAS, the City Council has considered an agreement for said
purpose, attached as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista as follows:
Section 1. The Mayor is authorized to execute the right-of-entry
agreement between the Metropolitan Transit Development Board for access rights
across their property located just west of "E" and Bay Boulevard to allow ingress
and egress to the Nature Interpretive Center.
Presented by Approved as to form by
Paul G. ~D'esrochers T~'omas d. Har/f~h
Community Development Director ./~gency Atto~fn~
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHUL. A VISTA, CALIFORNIA, this 2nd day o~. December
19 8b , by the following vote, to-wit:
AYES: Councilmen: Malcolm, McCandliss, Moore, Nader
NAYES: Councilmen: None
ABSTAIN: Co~x:ilmen: None
ABSENT: Councilmer~: Cox
MAYOR PRO TEMPORE
ATTEST~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Ca#fornio,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOL[ITION NO. ~2835 ,and that the same has not been amendedor repealed.
DATED
City Clerk
CI'B OF
CHUI. ¥1SIA
CC-660- MI~T
METROPOLITAN TRANSIT DEVELOPMENT BOARD
AND SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY
RIGHT OF ENTRY PERMIT
1. Permission is hereby granted by the San Diego Metropolitan Transit
Development Board {MTDB) and/or the San Diego and Arizona Eastern (SD&AE)
Railway Company, Inc. {hereinafter called "Permitor") to
City of Chula Vista
{Permittee) t6 enter upon the
MTDB and/or SD&AE Railway Company property {as shown on the map attached
hereto and made a part thereof) for the purpose(s) of:
Temporary construction access to the Bayfront ~ature/Interpret~ve Center
over the Coronado Branch at the end of E Street. Permit shall be valid
for one year commencing on the date of execution of this document.
This permission is granted with the understanding that the Permittee
agrees to release MTDB, SD&AE and its contract operator(s) San Diego
Trolley, Inc. {SDTI) and San Diego and Imperial Valley {SD&IV) Railroad
from any liability arising out of Permittee's operations under this
agreement. Furthermore, Permittee agrees to assume responsibility for
any damages caused by reason of Permlttee's operations under this agree-
ment and will, at SD&AE's and/or MTDB's option, either repair or pay for
such damage.
2. Insurance requirements are as follows:
A. During the performance of services hereunder Consultant shall
maintain policies of insurance as described below. Prior to
beginning work, Consultant shall furnish evidence of insurance
satisfactory to the General Manager of MTDB as to contents and
insurance carriers which will contain a provision for thirty (30)
days prior written notice to the General Manager of any cancella-
tion, reduction, or any material change in coverage.
B. Permittee agrees to carry the following insurance:
t 1. Comprehensive general liability insurance for bodily injury
{including death) and property damage which provides total
limits of not less than One Nillion
Dollars {$1.000.000 ) combined single limit Per
occurrence. Coverages included shall be:
EXHIBIT/)
a. Premises and operations;
b. Contractual liability expressly including liability
assumed under this agreement, with deletion of the
exclusion as to performance of operations within the
vicinity of any railroad bridge, trestle, track, roadbed,
tunnel, underpass and crossway;
c. Personal injury liability with standard exclusions
!, (1) liability assumed under contract, and
(2) suits brought by employees deleted;
d. Independent contractors;
t e. Cross liability clause providing that the insurance
applies separately to each insured except with respect to
the limits of liability.
Such insurance shall include the following endorsements,
copies of which shall be provided:
{1) Inclusion of San Diego Metropolitan Transit
Development Board (MTDB), San Diego Trolley, Inc.
(SDTI), the San Diego and Arizona Eastern Railway
Company {SD&AE}, and San Diego and Imperial Valley
Railroad (SD&IV), their directors, officers, agents
and employees as additional insureds as respects
services or operations under this agreement.
(2) Stipulation that the insurance is primary insurance
and that no insurance of MTDB/SDTI/SD&AE/SD&IV will
be called upon to contribute to a loss.
2. Comprehensive automobile liability insurance for bodily injury
{including death) and property damage which provides total
limits of not less than 500 Hundred Thousand
Dollars ($ 500,000 ) combined single limit per occur-
rence applicable to all owned, nonowned and hired vehicles.
3. Statutory workers' compensation coverage including a broad form
all states endorsement; employer's liability insurance for not
less than One Million Dollars
.{$ 1,000.O00 ) per occurrence for all employees engaged in
services or operations under this agreement, including an
insurer's waiver of subrogation in favor of MTDB/SDTI/SD&AE/
SD&IV, their directors, officers, representatives, agents and
employees.
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4. Professional liability insurance at a limit of not less than
-0- Dollars
($ -0- I per occurrence as respects services or opera-
tions under this agreement. Such insurance is to be maintained
for a period of not less than -0- year(s) following
acceptance of work by MTDB/SDT[7-S'~-~DE~7~D&iV.
A specific project policy is/is not required.
Employer's liability insurance for a limit of not less than One Million
Dollars {$1,000,000) per occurrence for all employees engaged in services
or operations under this Permit and statutory Workers' Compensation
coverage. ..
C. Permittee agrees to the following special insurance provisions:
1. The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Permittee and any
approval of said insurance by the MTDB, SDTI, SD(~AE and SD&IV,
or their insurance consultant are not intended to and shall not
in any manner limit or qualify the liabilities and obligations
otherwise assumed by Permittee pursuant to this Permit,
including but not limited to the provisions concerning
indemnification.
2. Should any of the work under this Permit be sublet, Permittee
shall require each of its subcontractors of any tier to provide
the aforementioned coverages.
3. The insurance requirements outlined in Paragraph 2B above
may be waived by MTDB and SD&AE in the event the obtaining of
such insurance is not feasible. Any such waiver shall be in
writing.
3. Permittee agrees to release and indemnify SD~AE Railroad, SD&IV, MTDB and
SDTI from and against all liability, cost and expenses for loss of or
damage to property and for injury to or deaths of persons {including but
not limited to the property and employees of each of the parties hereto}
when arising or resulting from the use of said premises by Permittee, its
agents, employees or invitees, whether or not caused or contributed to by
any act or omission of Permitor.
4. The following condition(s) apply if checked:
A. Permittee agrees to coordinate on a daily basis a reasonable
access to all MTDB/SD&AE facilities with contract operators
SDTI and SD&IV during trolley operations from the hours of
5:00 a.m. and 1:00 a.m. the following day.
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B. X Permittee agrees to restore all facilities,
improvements, landscaping, etc., to their original
condition by the completion of work.
C. X Permittee agrees that no work by himself or his
authorized agent will interfere with Railroad/
Trolley operations.
D. X Permittee shall deposit with Permitor the sum of
Fifty Dollars
($ 50.00 ) representing the estimated
expenses in connection with said work.
E. X Notify ~F~/~ SD&IV 48 hours prior to the start of
work on subject property (S~F~/~, SD&IV
239-7348) and within 24 hours after completion of
work.
F. X Obtain approval by MTDB/SDTI/SD&AE/SD&IV upon
completion of work that all facilities have been
restored to original or better condition.
G. Maintain, at Permittee's expense, competent flagmen
to protect and control movement of vehicles and
equipment of Permittee while upon Permitor's
premises.
H. X Keep all equipment, tools and materials at least
fifteen {15} feet from the centerline of any
operable track.
I. X Remove all of Permittee's tools, equipment and
materials from railroad premises promptly upon
completion of work, restoring railroad premises to
the same state and condition as when Permittee
entered thereon.
J. X Reimburse Permitor for all cost and expense incurred
by Permitor in connection with said work, including
without limitation the expense of furnishing such
inspectors, watchmen and flagmen as Permitor deems
necessary, the installation and removal of falsework
beneath tracks, and restoration of Permitor's
property to the same condition as when Permittee
entered thereon, or a condition satisfactory to
Permitor's representative. No vehicular crossing
over Permitor's tracks shall be installed or used by
Permittee without prior written permission of
Permitor.
K. × All work shall be performed in accordance with
applicable PUC regulations.
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Special conditions, if applicable:
Permit may be extended upon written request.
5. This permission shall terminate upon completion of the above
described work.
METROPOLITAN TRANSIT DEVELOPMENT PERMITTEE
BOARD
~eneral Manager ~itl
Date: ~,~/d~ Date: 12_s_86
SAN DIEGO AND ARIZONA EASTERN Name and Address: (Print)
RAILWAY COMPANJ~
~k~.~~ City of Chula Vista
_ :-~-~ 276 Fourth Avenue
Chula Vista, CA 92010
Date:
Phone Number: {619 ) 691-5044
DCR: bw
FORM1
cc: Pete Tereschuck, SDTI
Dick Engle, SD&IV
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- ~ERSTATE HIGHWAY 5 ~