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Home My WebLink AboutReso 1974-7420 F arm No. 34 2 Revs 3/74 RESOLUTION NO. 7420 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE EL CAMINO DISTRICT BOTTLE COLLECTION COMMITTEE AND TROOP 874 OF THE BOY SCOUTS OF AMERICA FOR THE OPERATION OF A GLASS COLLECTION CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Councll of the Clty of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certaln agreement between THE CITY OF CHULA VISTA, a munlcipal corporation, and THE EL CAMINO DISTRICT BOTTLE COLLECTION COMMITTEE AND TROOP 874 OF THE BOY SCOUTS OF AMERICA, for the operation of a glass collection center, dated the 13th day of Auqust , 19I1--, a copy of which is attached hereto and lncorporated 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 lS hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vls~a, Presented by Approved as to form by ADOPTED AND APPROVED by the VISTA, CALIFORNiA, thls 13th day of the, followlng vote, to-wit: ~~~.. George . Lindberg, City Atto~ CITY COUNCIL of the CITY OF CRULA August , 19~, by AYES: Councllmen Hyde, Scott, Hobel, Hamilton NAYES: Councilmen None Egdahl ABSENT: Councilmen ATTEs'r i'l ./2 \,~Wv?t~ ~. V lty Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SSe CITY OF CHULA VISTA) ~~.~~~ Hayor of the Clty of ChuL3. Vista ~ _.. ,1 . ... '. .7 -...- "", /:J--- ... I, of Chula Vlsta, CallfornLa, DO EEREB:i CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED , Clty Clerk of the City that the above lS a full, , and that the same has 'Ci ty Clerk USE AGREEMENT BETliEEN THE CITY OF CHULA VISTA AND THE EL CAMINO DISTRICT BOTTLE COLLECTION COMMITTEE AND TROOP 874 OF THE BOY SCOUTS OF AMERICA FOR THE OPERATION OF A GLASS COL- LECTION CENTER THIS AGREEHENT, made and entered into this 13th day of August, 1974, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and the EL CAMINO DISTRICT BOTTLE COLLECTION COtlliITTEE AND TROOP 874 OF THE BOY SCOUTS OF AMERICA", hereinafter called "Boy Scouts"; WIT N E SSE T H . WHEREAS, the Boy Scouts, a nonprofit organization, proposes to render advantageous and desirable services by and through its glass collection activities, and WHEREAS, it is the desire of the City to aid and assist the Boy Scouts in the development of this program, and WHEREAS, the City has approved the concept of the Boys Scouts' use of City-owned property located adjacent to the Chula Vista Animal Shelter. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: GENERAL PROVISIONS The City agrees to cooperate with the Boy Scouts in pro- viding the use of City-owned land adjacent to the Chula Vista Animal Shelter located on the south side of J Street, west of Bay Boulevard, for the operation of a glass collection center. The presumption upon which all sections of this agreement shall be interpreted is that the City's programs and desires shall in all cases and at all times take precedence over the Boy Scouts and that the Boy Scouts shall use the above named facilities during such periods and for such purposes as the City may make the facility available. It is further understood that the Boy Scouts will be responsible for the procurement, maintenance, and security of collection bins. OPERATION Scheduled operation times are formally established as 8:00 a.m. to 5:00 p.m., Saturday and Sunday. These times may be changed upon approval by the City, providing 30 days notice is given. The Boy Scouts shall be held responsible for opening the center each day of operation and for locking the bins at the end of each operating period. SPECIAL PROVISIONS A. General Public. Use of the Center shall be available to all persons without regard to race, religion, or national ori- gin. No charge of any kind shall be made to the public for use of the facility. B. Posting. Appropriate signs delineating public safety regulations shall be clearly posted. - 1 - ;{ 7 tf;2D INDEMNITY CLAUSE The Boy Scouts shall save and hold the City harmless from any and all claims or causes of action for death or injury to persons or damage to property resulting from or which may arise by reason of any dangerous or defective condition of City property, or by reason of a failure to maintain said property in a safe condition. INSURANCE The Boy Scouts agree to take out and maintain at its expense public liability insurance with an insurance carrier sat- isfactory to City to protect against liabilities mentioned in the Indemnity Clause, and for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of Boy Scouts or any person acting for Boy Scouts or under Boy Scouts control or direction and also to protect against loss from liability or damages to any property of any person caused directly or indirectly by or from acts or activities of any person acting for Boy Scouts in connection with this project. A copy of said certificate of insurance shall be sent to the office of the City. Boy Scouts agree that this agreement shall terminate, at the option of the City, upon the effective date of the cancellation, termination, or suspension of any or all of the insurance policies heretofore Mentioned, unless before such effective date the Boy Scouts has acquired other insurance which, in the determination of the City, adequately replaces the cancelled insurance. CLOSURE OF THE FACILITY The City, after giving proper notice to the Boy Scouts shall reserve the right to temporarily close the facility for reasons of health, safety or necessary repair. TERMINATION OF AGREEMENT The City or Boy Scouts may terminate the provisions of this agreement upon 30 days written notice. Upon termination, the Boy Scouts shall remove all equipment and fixtures and return the area to its natural state within a reasonable time, not to exceed 30 days following the date of the written notice of termination. Equipment or fixtures remaining on the premises after said notice shall revert to City ownership. ARRANGEMENTS FOR USE OF FACILITIES The City's City Manager and the Boy Scouts' District Commissioner, or miscellaneous appointed representatives, shall meet annually for the purpose of preparing a comprehensive schedule for the use of the City's land, consistent with the provisions of this agreement. - 2 - ~7~~O EFFECTIVE DATE The effective date of this agreement shall be August 14, 1974. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA THE EL CAMINO DISTRICT BOTTLE COLLECTION COMMITTEE AND TROOP 874 OF THE BOY SCOUTS OF AMERICA Mayor of t e Clty 0 C u a VIsta ~4 A~:rEST :!~7/74/~~:I if L(J~~~ Cx!>:;:;~ Cl ty Cle . ~/ L/ Approved as to Form by /'-", /~\ ,/ 7 / i:/ \ ~ ~~ k!--S:~~ City torney (// ~ft.tlI ;./. ~ C 1 tee Chairman h~nji],,-:c~~i;b - 3 - 7e 7100 nY.m~ 0/,1}' ,I - '1- <:.~ CHKD. lIY\I.R..?! ui'H'~~:J/~ 7'::; __5.-:1.L- I ~c;>:: 2...___.__._____._.____ SHLEr NO '1 ()F .RE'VlSEO ~-\<'7"z. l!.'-c' W.F:Gi. _Al~"1N.1-I16H.. T/Pe._.~/Ne: PR.oP. C.O(.t,.NE..'t2.. VE.R, R.O.~. ~II .., LJ Ci) -----. Y ----. J19 . M o () . ^'.'! I:~ ~ ~ -----. {\J Q --' ,;}; 3 ----. s. . (C~...:::.:.:.:.. If v ,. ;'1 CT .c..,.,......... OWNEb ?RoPE..R.-r..... :/'.S[..PRt7I'L v~.srop__f:.~ FR.t';~WI1y...._m.._.' , JO[\ NO. . ~ ,I' riP - I H, D ,.. o (J I I ....~.~.. . AREA ! Ii J f{ (/ IJ 3 f , all ;1 a' q- r~ 0 r-v ~I . 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