HomeMy WebLinkAboutReso 1984-11831
RESOLUTION NO.
11831
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND UNION ICE COMPANY TO PROVIDE SNOW AND HOLDING
UNION ICE COMPANY HARMLESS
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that that certain agreement between THE CITY
OF CHULA VISTA, a municipal corporation, and UNION ICE COMPANY to
provide snow and holding Union Ice Company harmless
dated the 19th day of OCTOBER , 1984, 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
Chula Vista be, and he
execute said agreement
Vista.
RESOLVED that the Mayor of the City of
is hereby authorized and directed to
for and on behalf of the City of Chula
Presented by
Approved as to form by
fVJ~~
Mark J. P 'ste , Director
of Parks and Recreation
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 13th
19 84, by the fOllowing vote, to-wit:
McCandliss, Scott, Moore, Cox, Malcolm
day of
November
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AYES: Councilmen
NAYES: Councilmen
ABSTAIN: Councilmen
ABSENT: Councilmen
None
None
None
,t,. R. (¡
MaY~he City of Chura Vista
~TTEST ~~../;., ?»c::::if~
(/ City Clerk
>TATE OF CALIFORNIA )
:OUNTY OF SAN DIEGO ) s s.
;ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
)0 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11831
,and that the same has not been amended or repealed.
IATED
(sea)
City Clerk
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1'111:: C:\lO.\' 1C1:: CO.'IEì..\'Y
6055 E. Washington, #330
Los An~eles, CA 90040
Occober 19, 1'384
.:,
City of Chula Vista
276 4th. Avenue
Chula Vista, CA 92010
Gt:ntlem~n:
This Letter Agre¿me.nt will set forth our un¿~rstanding regarding: tha
creation of a snow scene located at
Memorial Bowl - Parkway, Uhu~a V~sta
("Purchaser") shall designate
a site upon which The Union Ice Corr.pany ("Union") shall create a crushed
ice snow scene consisting of approximately 12 inches of snow
cover. Union shall furnish all equipment and labor necessary tv create
the snow scen~..
The snow scene shall be created on
approxiIna·te ly and
December 13, 1984 , starting at
sha 11 be comp le ted by approxima te ly
For services performed by Union, Purchaser shall pay to Union an amount
based upon labor cost of $ 25.00 per man-hvur pvrtal-tv-portal.
Over eight hours and Saturdays at t1lne-and-a-half and Sundays/HolidaYIi at
"ouble time.
The charge for ice shall be $ --43 nn per ton with a mlnlmum of ten
(10) Tons. An equipment charge of $ 7'i.nn will be nude for the
snow blowèr. It is cont~[nplatéd that the creation of the snow scene
will consist of approximat~ly 32.40 tons of ice, with <J. blowing '_ime
of approximately 12 man hours of labor. The total cost for the
entire project, from beginning to end, is estimated to be approximately
$ 1.851. 78
As a material part of the consideration to be rendered to Union for $èrV-
ices performed in blowing crushed ice at the above-designat:ed site)
Purchaser agrees to hold harmless, defend ..nJ inJenuÜfy The Union Ice
Company against any and all claims vr liability, including but not l~dted
to, claims or liability for death or injury to any person, or persons, or
damage to any property, odler than to authorizeJ representatives or prop-
erty of Union while perfvr:ning under th'e terTilS of this agre¿ment, that in
any way arise~ or i~ all~geJ to arise in conn~ction witll th0 Jepusit of
crushed ice at said site, including but !lot lilnit",J to eh", US"" handling
'r melting of said crushed ice or from the water run-off therefrom.
.:'urchaser, at its own e.xpense, shall be responsible for cleaning up and
restoring the site to its original condition.
Æ-II5'3 f
........
Snow Sceno Lett~r Abrt;,:t..:.m~aL:
Page 2
'Nbt'Withstanding anything to the contrary contained herein) Purchaser
is not waiving any rights it may have in connection with any injury to
persons or damage to property resulting from negligent or willful acts
or omissions of Union or its officers, emp:oye~s or agents.
FurtrH~r, Purchaser agrees to take: e.vèry re.asonabl¿ precaution to ~up¿-.c-
vise any childre.n or other persons who may come onto snow scent: site,
so as to prevent injury to any person or damage to any property from
throwing of snowballs or slipping and falling on such arushed ice or the
water running off from such crushed ice.
Purchaser agrees to maintain in effect during the life of ùlis Agreement
a Comprehensive General Liability Insurance Policy with limits of not
les~ than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for death or in-
jury to anyone person and ONE MILLION DOLLARS ($1,000,000.00) in any
one occurrence, and a Property Damage Insurance Policy with limits of not
less than ONE HUNDRED TI!OUSAND DOLLARS ($100,000.00) covering its opera-
tions at the location subject of this a&reement. Purchaser further
agrees to cause THE UNION ICE COMPANY to be named as an additional
ins~red under the aforementioned policy or policies and each renewal or
replacement thereof, but only as respects this specific Agreement, and
Purchaser will prõvide THE UNION ICE COMPANY with certificates of insur-
ance indicating compliance with the foregoing provisions. Said certifi-
cates to provide THE UNION ICE CCMPANY with ten (10) days' prior written
notic~' of cance llation or reduction of such insuran.ce.
Should thø foregoing røpresent your understanding of our agreement,
please so indicate by signing in the space provided on ùle copy of this
letter ønclossd, and return it to the undersigned.
Very truly yours,
TIlL:: mnON ICE Cß /
/¿µ¿: /df~-----~
DGED AND æ.. TÒ:
BY: Mayor of the City of Chula Vista
November 13, 1984
DATE:
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