HomeMy WebLinkAboutReso 1982-10958
RESOLUTION NO. 10958
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND ROHR INDUSTRIES REGARDING THE SLIPLINING OF
WALNUT AVENUE SEWER BETWEEN G STREET AND J STREET
IN THE CITY OF CHULA VISTA
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 ROHR INDUSTRIES,
INC., regarding the sliplining of Walnut Avenue sewer between G
Street and J Street in the City of Chula Vista
dated the 20th day of July , 19 82, 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.
Presented by
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Approved as to form by
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George D. Lindberg, City Attorney
hn P. Lippitt, City
ngineer
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 27th day of July
19 82, by the fOllowing vote, to-wit:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Councilmen
Moore, McCandliss, Scott, Cox, Malcolm
None
Councilmen
Councilmen
None
Councilmen
None
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
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 ;s a full, true and correct copy of
RESOLUTION NO. 10958
,and that the same has not been amended or repealed.
DATED
City Clerk
( seal)
CC-660
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AGREEMENT
This Agreement is entered into as of July 20 . 1982. by and
between the City of Chula Vista. a MUnicipal corporation. and Rohr
Industries. Inc., a Delaware corporation. (hereinafter referred to as
-Rohr-).
WITNESSETH
WHEREAS, Rohr has granted to the City of Chula Vista a series
of easements permitting the installation of a sanitary sewer pipe on
its property within the City of Chula Vista; and
WHEREAS, the City of Chula Vista has installed a concrete
sanitary sewer pipe within such property; and
WHEREAS, the parties agree that subject to the terms and
conditions of this Agreement, Rohr shall permit the City of Chula
Vista to enter its premises and to perfonn certain work in
connection with said sewer pipe,
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties agree as follows:
1. ()1 the terms and conditions set forth herein between October.1,
1982 and January 31, 1983, Rohr shall permit the City of Chula
Vista and its employees, agents, or subcontractors to enter
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upon its premises to perform work in connection with the
modification of a sanitary sewer pipe previously installed
pursuant to said easements.
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2. The City of Chula Vista agrees to indemnify and hold harmless
Rohr, its officers, directors, and employees from any cost,
damage, expense, or of the loss or liability incurred or paid,
arising out of or on account of any damage to Rohr's property
and/or on account of claims of or suits, whether in law or in
equity, which may be asserted or brought against any of the
indemnified parties hereunder for property damage or
destruction, personal injury or death, or any other damages of
whatsoever nature or kind, including claims of consequential
loss and breach of contract, as a result of, or in any way in
connection with the actions or omissions of the City of Chu1a
Vista or its employees, agents, or subcontractors, in any way
related to the entry onto Rohr's premises, the performance of
work, or other effort in connection with said sanitary sewer
pipe, whether or not contributed to by the actions or omissions
of Rohr, except for claims or losses arising through the sole
and exclusive fault of Rohr. The City of Chu1a Vista agrees to
payor reimburse Rohr for any expenditures, including
reasonable attorney's fees and amounts paid in settlement that
Rohr may make or become liable for in connection with the
investigation, settlement defense, or otherwise by reason of
such claims or suits and, if required in writing by Rohr, will
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defend any such suits with counsel acceptable to Rohr at the
sole cost and expense of the City of Chula Vista. The City of
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Chula Vista agrees to pay and to discharge any judgment,
orders, or decrees rendered or entered against any of the
indemnified parties for any matter indemnified hereunder.
3. In connection with the work to be performed by the City of
Chula Vista as permitted under this agreement, the parties
recognize that, from time to time, additional security
personnel may be required. The City of Chula Vista agrees to
reimburse Rohr for its cost of additional security personnel
required as a result of the performance of work relating to the
modification of the sanitary sewer pipe.
4. The City of Chula Vista agrees to perform all work, as
permitted hereunder, in a manner Wlich wi 11 assure
uninterrupted access to Rohr's facility over all existing
roadways.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed as of the date first written above.
Rohr Industries, Inc.
City of Chula Vista
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I R. W. Madsen
By:
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