HomeMy WebLinkAboutReso 1986-12770Revised 10/10/86
12770
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT AMONG THE COUNTY OF SAN DIEGO,
THE CITY OF CHULA VISTA AND THE SAN DIEGO METROPOLITAN
TRANSIT DEVELOPMENT BOARD FOR THE MANAGEMENT, OPERATION
AND MAINTENANCE OF THE BAYFRONT TROLLEY STATION~
APPROPRIATING FUNDS THERETO, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NO~, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain agreement among THE
CITY OF CHULA VISTA, a municipal corporation, THE COUNTY OF SAN
DIEGO, and THE SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD,
for the management, operation and maintenance of the Bayfront
Trolley Station, dated the 14 day of October , 1986, 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 IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
BE IT FURTHER RESOLVED that the sum of $40,150 is hereby
appropriated for Bayfront Trolley Station operations and
maintenance costs for FY 1986-87.
Presented by
Li~pi~t~ Director o£
~orks/City Engineer
2092a
Approved as to form by
i~i' ~t O r ney ~//
ADOPTED AND APPROVED BY THE CITY
uHULA VISTA, CALIFORNIA, this 14th day of.
COUNCIL OF THE CITY OF
October
19 86 , by the following vote, to-wit:
AYES: Councilmembers Cox, Moore, Campbell, Halcolm, McCandliss
NAYES: Counci lmembers None
ABSTAIN: Counci lmembers None
None
ABSENT: Council members
Mayor City of Chula Vista
ATTEST ~/d City Clerk
/ATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is (3 full, true and correct copy of
RESOLUTION NO. 12770
,and that the same has not been amended or repealed
DATED
CITY OF
CHUIA VISI'A
City Clerk
CC-660
MTDB Document No. 00-87-517, L 900.14
AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO
THE CITY OF CHULA VISTA AND THE
SAN DIEGO METROPLITAN TRANSIT DEVELOPMENT BOARD
FOR THE MANAGEMENT, OPERATION AND MAINTENANCE
OF THE BAYFRONT TROLLEY STATION
This Agreement is executed this ~-~1~ day of (~C-~-O~)QC- ., 1986,
by and between the County of San Diego, a political subdivision of the State
of California, hereinafter called "COUNTY," the City of Chula Vista, a
political subdivision of the State of California, hereinafer called "CITY,"
and the San Diego Metropolitan Transit Development Board, hereinafter called
"MTDB."
WITNESSETM:
WHEREAS, the COUNTY, CITY, and MTDB agreed on March 1, 1983 (County
Contract 19304A) to analyze the feasibility of constructing a trolley station
at E Street in the City of Chula Vista; and
WHEREAS, the feasibility study determined that such a trolley station was
feasible; and
WHEREAS, the COUNTY and CITY agreed on May 15, 1984 (County Contract
70613-R) to jointly fund the construction of the station; and
WHEREAS, the COUNTY, CITY and MTDB now desire to enter into an Agreement
for the management, operation, and maintenance of the Bayfront Trolley Station
at E Street in the City of Chula Vista, hereinafter called "STATION"; and
WHEREAS, Section 99400.5 of the Public Utilities Code authorizes the
COUNTY to finance maintenance of the STATION; NOW THEREFORE
IT IS MUTUALLY AGREED by and between the COUNTY, CITY, and MTDB upon the
following terms, covenants and conditions as follows:
Cll~Y ~iANAGE~
"~!ILA VISTA, C~
OCT 27 1986
Section 1
COUNTY AGREES TO:
1. Pay one-half of the difference between total expenses and total
revenues of operations administered by CITY and COUNTY.
2. Administer lease of Cabrillo Lanes, Inc. and transfer lease
revenue to CITY.
Section 2
CITY AGREES TO:
1. Administer all visitor information leases.
2. Provide, operate, and maintain the Information Center, and all
landscaping, irrigation, signage, and utilities, except those assigned
to MTDB under Section 3.
3. Pay one-half of the difference between total expenses and total
revenues of operations administered by CITY and COUNTY.
4.Record expenses and revenues on a monthly basis.
Section 3
MTDB AGREES TO:
1. Provide, operate and maintain all activities directly related to
trolley operations, including trackage and appurtenances, trolley
shelters, and trolley high voltage utilities.
2. Provide STATION surveillance and security, sweeping, and lighting
maintenance.
3. Maintain STATION trash receptacles, including emptying and liner
replacement as needed.
4. Administer bicycle lockers.
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Provide electrical
MTDB right-of-way.
and water utilities for all
activities within the
Section 4
INSURANCE:
1. COUNTY, CITY, and MTDB shall keep in force at all times liability
insurance covering the STATION in the following amounts:
a. $1,000,000 bodily injury per person
b. $5,000,000 bodily injury per occurrence
c. $1,000,000 property damage in lieu of (a) and (b) above
d. $5,000,000 combined single limit bodily injury and property
damage in lieu of (a), (b), and (c) above
e. COUNTY and CITY may provide self-insurance for the operations
that they administer in lieu of (1) above
f. MTDB may provide self-insurance for its operations in lieu of
(1) above
2. CITY shall keep in force at all times, property insurance for the
Visitor Information Center and bus shelter equal to the replacement
cost of those structures.
3. Each policy shall name the other parties to this agreement as
additional insureds.
4. All lessees shall name COUNTY, CITY, and MTDB as additional
insureds.
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ADMINISTRATION:
1.
e
e
Section 5
This Agreement shall be administered on behalf of the parties hereto
by the following officials:
a. Director of Public Works
County of San Diego
5555 Overland Avenue
San Diego, CA 92123
(M.S. #0386)
b. City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
c. General Manager
Metropolitan Transit Development Board
620 C Street, Suite 400
San Diego, CA 92101
(City M.S. #58)
COUNTY and CITY shall annually prepare a budget for the operation of
the STATION excluding those activities assigned to MTDB under
Section 3.
CITY shall make no payment for improvement, repair, or alteration in
excess of $1,000 without agreement from COUNTY.
MTDB shall make no payment for improvement, repair, or alteration
thta affects the operations in Section 2 without consent of the
COUNTY and CITY.
Each party shall at all times keep true and complete records of all
transactions conducted pursuant to this Agreement.
No party shall install, fabricate, or erect any structure, sign, or
appurtenance without the mutual consent of the remaining parties,
excluding routine maintenance and signage changes necessary to
maintain accurate information.
-4-
o
Net revenue from the Cabrillo Lanes, Inc. lease shall be used to
offset expenses administered by CITY and COUNTY.
INDEMNIFICATION:
Section 6
CITY and COUNTY shall defend and indemnify MTDB and hold MTDB
harmless from any and all liabilities, both real and alleged, and
investigative expenses resulting from, arising out of, or in any way
connected with the Visitor Information Center and lease of Cabrillo
Lanes, Inc.
MTDB shall defend and indemnify CITY and COUNTY and hold them
harmless from any and all liabilities, both real and alleged, and
investigative expenses resulting from, arising out of, or in any way
connected with trolley operations.
Section ?
INDEPENDENT CONTRACTORS:
1. Each party to this Agreement shall perform its responsibilities as
independent contractors.
2. In no event shall any party be construed to be employees of any of
the remaining parties.
Section 8
AMENDMENT:
No amendment, change, or modification of any of the covenants, terms, or
provisions hereof shall be valid unless in writing and signed by the
parties hereto.
-5-
TERM:
1.
2.
Section 9
The term of this Agreement shall begin on October 17, 1986.
This Agreement shall remain in effect unless terminated by mutual
consent of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
-6-
AGREEMENT FOR THE MANAGEMENT, OPERATION AND
MAINTENANCE OF THE BAYFRONT TROLLEY STATION
MTDB DOCUMENT NO. 00-87-517
L 900.14
APPROVED AS TO FORM AND LEGALITY:
County Counseq /b~- 2/~ ~
COUNTY OF SAN DIEGO
Clerk of the Board ol Supervisors
Title
Apprmed mnd/o~ muth~ I~ ~he Been?
of Supemisors ef the Countl of San Die8o
OCT 2!198G
Clerk of the Board of Supervisors
-7-
AGREEMENT FOR THE MANAGEMENT, OPERATION AND
MAINTENANCE OF THE BAYFRONT TROLLEY STATION
MTDB DOCUMENT NO. 00-87-517
L g00.14
APPROVED AS TO FORM AND LEGALITY:
General Counsel
SAN DIEGO METROPOLITAN
TRANSIT DEVELOPMENT BOARD
General Manager
dg/CONTRACTS
10-16-86
-g_
AGREEMENT FOR THE MANAGEMENT, OPERATION AND
MAINTENANCE OF THE BAYFRONT TROLLEY STATION
MFDB DOCUMENT NO. 00-87-517
L 900.14
-- City Attorne~F - --
BY:
TITLE: - ~ayo~
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