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Home My WebLink AboutReso 1984-11510 RESOLUTION NO. 11510 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VI STA APPROVI NG AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR THE INSTALLATION OF THE PALOMAR STREET WALKWAY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND TRANSFERRING $5,000 TO THE PALOMAR STREET WALKWAY PROJECT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Counc il at its May 24, 1983, meet i ng approved the 1983-84 Block Grant application, which included the Palomar Street Walkway, and WHEREAS, the County of San Diego has prepared an agreement with the City of Chula Vista for the installation of the Palomar Street Walkway, and WHEREAS, the City Council at its October 25, 1983, meeting designated the use of surplus Block Grant funds from prior program years for other projects in the 1983-84 program year, and WHEREAS, Block Grant Account 634-6340-BG83-Street and Alley Improvements has a surplus of $13,140.39, and WHEREAS, the City Council at its January 3, 1984, meeting approved the transfer of $5,000 to the Palomar Street Walkway Project. 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 and THE COUNTY OF SAN DIEGO, for the Palomar Street Walkway Project in regard to the expenditure of City funds appropriated, dated the 17th day of January, 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 RESOLVED that the Mayor for 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 by the City Council of the City of Chula Vista that the transfer of funds in the amount of $5,000 from 634-6340-BG83-Street and A 11 ey Improvements to 632-6320-BG 142-Pa 1 omar Street Wa lkway be made in program year 1983-84. Approved,as to form by ; / ( au -'G. esrochers Community Development Director WPC 0943H /LA VISTA, CALIFORNIA, this 84 ,by the following vote, to_it: ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 17th day of January :S: Councilmen rES: Councilmen :;TAIN: Councilmen )ENT: Councilmen McCandliss, Scott, Malcolm, Cox, Moore None None None rEST ~~;~ 'J7l:J!Lur- t/ City CI li~ he City of Chura Vista ITE OF CALIFORNIA ) JNTY OF SAN DIEGO ) ss. Y OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11510 ,and that the same has not been amended or repealed. rED (seal) City Clerk -660 " , ,.., .>. "'1 To' ,. ,.. t"' I". ''''~ r ." ,-' i \ '." ~": .:.t. ~,..... ........1 . M. Fulasz, 'City ClerIC ), 0, Box 1087 Vi,,,, California 92012 AGREE~~NT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE INSTALLATION OF PALO~1AR STREET WALKWAY AO.o!!:."" THIS AGREEMENT, executed this 17th day of January , 1984, by and etween the COUNTY OF SAN DIEGO, a political subdivision of the State of California, ereinafter referred to as "County", and the CITY OF CHULA VISTA, a municipal orporation, hereinafter referred to as "City"; WITNESSETH WHEREAS, the County and the City recognize the need to construct an asphalt edestrian walk~ay on the south side of Palomar Street between Broadway and the Palomar treet Trolley Station; and WHEREAS, this project is intended to provide convenience and promote safety or pedestrians proceeding to and from the Trolley Station; and I1HEREAS, the proposed pedestrian walkway will lie partially within the jurisdiction .f the County and partially within the jurisdiction of the City; and WHEREAS, the County and the City desire to enter into a joint cooperative agreement o construct said pedestrian walkway; and WHEREAS, the County and the City desire to proceed with the construction of said 'alkway and to share in the cost of such construction subject to the terms and conditions ereinafter set forth; and WHEREAS, Community Development Block Grant (CDBG) funds have been allocated in he amount of $18,000 to the County and $10,000 to the City for construction of the ralkway. tf-/!.5;o I .,-;C!?-.",,-, ~.....,cir J' . 10 $:U~A- NOli, THEREFORE, IT IS ~IUTUALL Y AGREED AS FOLLOWS: 1. The County shall cause to be constructed a five-foot asphalt concrete pedestrian walkway on the south side of Palomar Street, from Broadway to the Palomar Street Trolley Station, a distance of approximately 1,500 feet. 2. The County shall act as lead agency and be responsible for all actions necessary to complete the Palomar Street pedestrian walkway, including obtaining environmental clearances and right of way, engineering, construction, .. inspection and administration. 3. The total cost of the project is estimated at $28,000. 4. It is anticipated that the cost of this project shall be borne by Community Development Block Grant (CDBG) funds allocated to the City and County in the following amounts: Community Development Block Grant Funding County Portion City Portion $ 18,000 10,000 TOTAL PROJECT $ 28,000 The parties herein recognize that Community Development Block Grant funds are controlled and administered by the Federal Department of Housing and Urban Development (HUD). Funding for the County's portion of the project has been approved and released by HUD. In the event HUD fails to release funds in sufficient amounts to pay for the City's portion of this project, appropriate City funds shall be used for the balance of the costs. ~_II S-/t) - 2 - 5. The City shall contribute $10,000 from its CDBG allocation or other appropriate City funds to cover its portion of the project costs. Said $10,000 is due and payable to the County upon receipt of billing from the County stating that the construction of the proj ect has been completed to the satisfaction of the County Director of Public Works and the City Engineer. 6. A. City, its agents, officers and employees, shall not be held liable for any claims, liabilities, penalties, fines, or for damage to any goods, properties or effects or any person whatsoever, nor for personal injuries to, or death of them, caused by or resulting from any negligent acts or omissions of County, or its agents, employees, or representatives, including liability by reason of acts or omissions caused by County, its agents, employees, or representatives. B. County further agrees to defend and indemnify, and save free and harmless City and its authorized agents, officers and employees against negligent acts or omissions caused by County, its agents or employees, and any cost and expenses incurred by the respective parties on account of any claim therefor, and City agrees to defend and indemnify and save free and harmless County and its authorized representatives and employees against negligent acts or omissions caused by City, its agents or employees, and any cost and expenses incurred by the respective parties on account of any claim therefor. C. It is contemplated by the parties that this indemnity agreement is not limited in any way by the extent of any policy of insurance currently in force and held by either party. ;t! -(1'01'0 - 3 - . ~ .. 7. This Agreement may not be modified, amended or otherwise changed unless by an amendment in writing executed by the parties hereto. 8. This Agreement shall terminate on June 30, 1984, or upon completion of construction of the project, whichever date is sooner. IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA pursuant .0 action taken by the City Council and by the COUNTY OF SAN DIEGO pursuant to action .aken by the Board of Supervisors. ,TIEST: CITY OF CHULA VISTA 'y 4'r~ J ~. Mayor' tECO~INENDED : H.E. SORLIE ^s,istant D~ector of Public Worl<s " J. MASSMAN, Di rector lepartment of Public Works COUNTY OF SAN DIEGO 'y Ut.'4/ c4 (4..':-PJMl4 t.// Clerk, Board of Supervisors ,PPROVED AS TO FO~~: !y 'C"/! L- "') . z,,_ \" , l:: { lC--'9 ( iProved and/or authorized SUperVisors of th C by the Board e ou"tv of San Diego ITS 7 1984 .j13 0 ~~~ CfNk of the Board f S o l':>ervfsors :OUNTY COUNSEL :ITY ATTORNEY - .,,~, ,~,-(~~-. -,:,"... -~--' ',) . ~y/ ' ..<, 'i ~:r/ / f i:_ . /' -*:.~.j< ,;., /~' .___/ ~/ /- . / - t , ;:!-//s/t!? - 4 -