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Home My WebLink AboutReso 1979-9723,..f Form No. 342 Red. 2/76. J RESOLUTION N0. 972' RESOLUTION OF THE CITY COUNCIL OF-`filiE" ChTY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO DETROPOLITAN TRANSIT DEVELOPMENT BOARD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby reso ve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agrQement bet en THE CITY OF CHULA VISTA, a municipal corporation, and THE AN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD dates whicY ful1Z Vista agreE the 7th day of August 19 79 a copy of is attached hereto and incorporated herein, the same as though set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula be, and he is hereby authorized and directed to execute said vent for and on behalf of the City of Chula Vista. Presented by /~ 0%~4 Approved as to form by John P. Lippitt, City Engineer George Lindberg, City Attor~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 7th day of August , 19 79 , by AYES: Councilmen Scott, Gillow, Cox, McCandliss NAYES : Councilmen None ABSEN Councilmen Mayor Hyde _ ~ ~. (~ Mayor/o the City of Chula Vista ;, / / pro Tempore ATTES ~ ~ City C er v` STATE OF CALIFORNIA) COUN OF SAN DIEGO) ss. CITY F CHULA VISTA) I. , City Clerk of the City of Ch la Vista, California, DO HEREBY CERTIFY that the above is a full, true nd correct copy of Resolution No. and that the same has not b en amended or repealed. DATED City Clerk ~ ~ _ . -- - ~ t Cocperatiye Agreement Bet,-reen the CITY OF CHUI_A y'ISTi'~ and the SAN DIEGO t1ETROPOLITAN TP~ANSIT DEVELOPt°iENT BOARD THI AGRCEh1ENT, IS HEREBY 1r~DE AND ENTERED INTO TH1S 7th - DAY OF A_Ug_ust 1979 BY ND EETI4EEN The CITY OF CH!'LA VISTA, a political subdivision of the State of California, 276 Fourth Ave., Chula Vista, CA 92012 hereinafter referred to as "c; ty"; AtJ q -The SP.N DIEGO 1~iETROPOLI~TAN TRANSIT DEVELOPi~1ENT BOARD, a _ public agency, 620 'C' Street, San Diego, CA 92101, herein- after referred to as "1~1TDB". W I T N E S S E T H th WHEREAS, the City o-f Chula Vista Charter provides among other things, at the City of Chula ti'i sra througt- its City Counci i , has the power to provide asonable %errns and conditions under which such transportation facilities may conducted vrithin the City of Chula Vista, and WHEREAS, t•iTDB was created January 1, 1976, under Section 120050, e seq., Chapter 2, Division 11 of the California Public Utilities Cade, and Gras t ereby given respcnsibili_ty for near-term operational plann;ng, overall stag- i g, construction and operation of exclusive f~ublic mass transit guideti;ays in t e area of San Diego County under its jurisdiction; and 1JHEREAS, t~iTDB has need of and desires to reach an understar~di ng with t e City in carrying out P4TDB's responsibilities for transit guideway consi:ruc- t on and operation; and - ~~ ~~ pre Int hea WHEREAS, the cost effectiveness Of the transit guideway system i.s licated on an average speed of 29 miles per hour being attained betvreen the ~rnational Border and the Santa !=e Depot and reliably in meeting 15-minute (ways; NOI~J THEREFORE IN CONSIDER~;TION OF 1~HE FOREGOING, the parties agree as follows: 1. MTDB shall rehabilitate the existing rail and roadbed be- tween the above-rrientior~ed limits and construct a new second parallel track from approximately 700 feet north of H Street to the southerly city limit approximately 600 feet south of Naples Street (,See Exhibit I). 2. MTDB shall be responsible for changes to the city streets as of the transit system. all direct cost in making any required by the installation Such changes may include but shall not be limited to, all work involved in widening or modifying exi.sti_ng streets, uti.li:ties, drainage, traffic signals, signs, traffic legends, lane markings and all work necessary for traffic rerouting during construction. s. MTDB shall repair and reconstruct, to the satisfaction of the City, all streets; curbs, gutters and side~ti~alks which are damaged or destroyed as a direct result of construction or operation of the transi t gui detiti~ay system,. 4. The City shall allow approved modifications to its traffic signal system as requested by MTDB to facilitate the operation of the transit guideway system. Capital costs resulting directly from any such requested modification shall be the responsibility of 1~1TDB. Specific details of such modifications shall be subject to approval by the Gity Engineer. 5. ~~iTDB shall be responsible for all costs of maintaining the rail crossings to a distance 2 ft. beyond each outside operating rail, the rail crossing automatic gate facilities and all faci 1 i ti es Sri thi n the right-of-way o~~rned by i~iTDB. 6. The City shall notify f~1TDB 30 days prior to any roadwork with- in 15 ft. of the nearest outside rail so that if necessary ~.RT/Frei.ght operating procedures can be modified. 7. The City to the extent feasible shall provide law enforcement to the staticn and rail right-of-way. ti~ -z- 8. P,. t~1TDB, i.ts agents, officers and employees shall not be held liable for any c'lai.ms, li_abi,li.ties, penalties, fines or for darnage to any goods, properties of effects of any person whatsoever, nor fPr personal injuries to or deaths of them, or any of them, caused by or re- sulting from any acts or omissions of City, i:ts agents, employees or representatives; City further agrees to i:demnify and save free and harmless h1TDB and its authorized agents, officers and employees against any of the foregoing liabilities and any cost and expense, including reasonable attorneys' fees incurred by MTDB on account of any claim ther~efor~, including claims by reason of alleged defects in the engineering services, improvement services, or any other work or services done or provided to t~1TDB by City pursuant to this 1`lemorandum; and in the event that a court of competent jurisdiction should determine that the City has no authority to pro- vide by agreement the performance of the hereinabove set forth ser~~ices, City nevertheless agrees to assume the foregoing obligations and liabilities by which it is intended by both parties that C~i ty agrees to i ndemn-i f_y and to hold MTDB harmless fi~om all claims arising by rea- son of the work done by, or any act or omission of, the City or its agents, employees or representatives, in connec- tion ~ti~ith or in performance of the agreed upon services of work provided for in this 1-iemorandum. B. The City, i_ts agents, officers and employees shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties of effects of any person whatsoever, nor for personal injuries to or deaths of them, or any of them, caused by or resulting from any acts or omissions of MTDB, its agents, employees or representatives; MTDB further agrees to indemnify and save free and harmless the City and its authorized agents, officers and employees against any of the .foregoing lia- bilities and any cost and expense, including reasonable attorneys' fees, incur~r°ed by the City on account of any claim therefor, including claims by reason of alleged defects in the engineering services, improvement services, or any other work or services done or provided to City by MTDB pursuant to this Memorandum; and in the event that a court of competent ju~i~diction should determine that MTDB has no authority to provide by agreement the per- formance of the hereinabove set forth services, h1TDB nevertheless agrees to assume the foregoing obligations and liabilities by which it is intended by both parties -3- that I~1TDB agrees to i ndemni_fy and to hold C~ ty harmless from all claims axis in9 by reason of the ~,rork done by, or any act or omission of, 1~iTDB, 'its agents, employees, or representatives in connection vrith or in performance of the agreed upon services or work provided for in this Memorandum. 9. Any notice required or permitted under this Memorandum may be personally served on the other party, by the party giving notice, or may be served by certified mail, return receipt requested, to the Y=ollowing address: tMT DB General Manager San Diego }Metropolitan Transit Development Board 620 "C" Street, Fourth Floor San Diego, California 92101 CITY: City Engineer 276 Fourth Avenue Chula Vista, California 92012 be IN ~ti'ITNESS 1~,HEREOF, the parties hereto have ca~ised this 1~1emorandum to igned the month, day and year below written. CIT11 OF CHllLA VISTA By:_ ~orge_.B. Gillow 3yor pro Tempore SAN DIEGO METROPOLITAN TRANSIT DE1r'ELOPl~iENT BOARD BY ~ _ _ - J th Bauer i rvaoman of the Board Dat August 7, 1979 Date: __~.~ ~~_ ~ ~._- APPROVED AS TO FOR1M: ity At orney ti p~1 PETERSON, GAf•iER, MUNS & PRICE A Professional Corporation ' v : _ ~~\ y -- ~ f~iTD ~ egal Counsel c. 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