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HomeMy WebLinkAboutReso 1980-10446 Rey. 2/76, RESOLUTION NO. 10446 RESOLUTION 'OF' THE' CITY' COUNCIL - OF~'''l.'HEc'CI"TY" OF CHULA VISTA, APPROVING AGREEMENT ' BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR THE INSTALLATION AND MAINTENANCE OF lillDIAN LANDSCAPING ON ORANGE AVENUE FROM HILLTOP DRIVE TO THE \VEST 600 FEET 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 that that certain agr~ement bet~en THE CITY OF CHULA VISTA, a municipal corporation, and' THE COUNTY OF SAN DIEGO, for the installation and maintenance of median landscaping on Orange Avenue from Hilltop Drive to the west 600 feet d'ab:'d the 21st day of April , 19 81 which is attached hereto and incorporated herein, fully set forth herein be, and the same is hereby , a copy of the same as though 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 Approved as to form by , ; George D. Lindberg, Cit~'Attorney ,.---; 7L- John P. /J"'" . /""/~- Lippit, City Engineer ~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 21st day of" April , 19~, ,by AYES: Councilmen Scott, Gillo" , Hyde, Cox, McCandlis s NAYES: Counci.lmen None ABSENT: Councilmen None (7 . Mayor ATTEST ~ m Q75:,~r ~ City Clerk STArE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) Gt)ii.Q '-rt~ of the City of Chula V1sta , City Clerk of the City that the above is a full, , and that the same has I, of Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED City Clerk F;ic:f;St~ f~eturn To: Jennie M. 1""''-'2, City Oerk P. 0 80x 1087 Chula V isla, California 920~2 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR THE INSTALLATION AND MAINTENANCE OF MEDIAN LANDSCAPING ON ORANGE AVENUE FROM HILLTOP DRIVE TO THE WEST 600 FEET THIS AGREEMENT, executed this 21st day of APRIL , 1981 by and between the City of Chula Vista, a municipal corporation, hereinafter called the "City", and the County of San Diego, a political subdivision of the State of California, hereinafter called the "County". WIT N E SSE T H WHEREAS, City desires to landscape the median of Orange Avenue from Oleander Avenue to Connoley Avenue; and WHEREAS, a small portion of this segment of Orange Avenue from Hilltop Drive to the west approximately 600 feet is within the County unincorporated area; and WHEREAS, the County is willing to install median landscaping on this portion of Orange Avenue in the unincorporated area; and WHEREAS, the City is willing to provide water and landscaping services necessary to maintain the County's median landscaping on this portion of Orange Avenue in the unincorporated area. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the City and County as follows: 1. The County at its own expense will install irrigation pipe and irrigation heads in conformity with City drawings 80-10A and 80-11 in the median area of Orange Avenue from Hilltop Drive to the west 600 feet. 2. The County at its own expense will connect the County irrigation system to the City's existing irrigation system on Orange Avenue. 3. The County at its own expense will prepare soil with amendments and lay sod to match that recently placed by the City adjacent to the proposed work site in the median area of Orange Avenue from Hilltop Drive to the west. 600 feet. 4. The County at its approximately 1,425 square feet within the median area as shown own expense will install of texturized concrete on City drawing 80-10A. R-I0446 COUNTY CONTRACT NUMBER /73 <:f t -5794 5. The County agrees to complete work as set forth in items 1, 2, 3, and 4 herein within ninety (90) days, weather permitting, following execution of this ag reement. 6. The City at no charge to the County, will hereafter provide water and maintenance services for the County installed median landscaping on Orange Avenue from Hilltop Drive to the west ~OO feet. 7. City maintenance services provided at no cost to the County shall include but not be limited to: irrigation; mowing, edging and trimming; fertilization; irrigation system inspection and repair; turf renovation as necessary; and restoration of damaged or diseased turf. 8. The Ci ty shall have the right to plant and maintain substitute plant material. Such work shall be done at City expense. 9. The City will maintain installed or substitute plant material at a level similar to that provided the adjacent portion of the median which is situated within the incorporated area. 10. Th e C i t Y ag r e e s pu r s ua n t to Se c t ion 895. 4 0 f the Government Code, to idemnify and hold harmless the County, its employees, agents and officers, against any and all claims, demands, or causes of action out of any act of omission of any officer, agent or employee of the City. 11. The County agrees, pursuant to Section 895.4 of the Government Code, to indemnify and hold harmless the City, its employees, agents and officers against any and all claims, demands, or causes of action arising out of any act or omission of any officer, agent, or employee of the Coun ty. 12. This agreement shall be considered terminated relative to any portion of the subject median which is annexed to the City of Chula Vista subsequent to the County's installation of the median landscaping. 13. This agreement shall be considered terminated relative to any portion of the subject median which is included in an area incorporated as a city subsequent to the County's installation of the median landscaping. 14. This agreement may not be modified, amended or otherwise changed unless by an amendmen~ in writing executed by the parties hereto. ~-IO ,pI c::, < . ./ I ~ IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed on the date first above written. CITY OF CHULA VISTA COUNTY OF SAN DIEGO ~~~ Clerk of the Board of Supervison U~~ ~lAYOR I.. APPROVED AS TO FORM AND LEGALITY o//~d_~~ Attorney County Counsel '. R-I0446 107/0/0 IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed on the date first above written. CITY OF CHULA VISTA MAYOR W(ft W~ -;:. Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGALITY ~t/d~ ~~f)044 County Counsel Attorney $J (<Ir:) Approved and/or Authorized by Board .of Supervisors, County of San Diego MAY 26 1981 ::t;( g ~1;;;IJ~ C!crll of the Boan! of Supervisor R-I0446