HomeMy WebLinkAboutReso 1988-13845 RESOLUTION NO. 13845
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING HOLD HARMLESS AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND ERICH AND PHYLLIS WILD WITH RESPECT
TO NON-REMOVAL OF STORM DRAIN PIPE AT 67 SECOND AVENUE
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 hold harmless agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
ERICH and PHYLLIS WILD with respect to non-removal of storm drain
pipe at 67 Second Avenue, dated the 8th day of November ,
1988, 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 Approved as to form by
4877a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
C. _A VISTA, CALIFORNIA, this 8th dOy Of. November
19 BD , by the following vote, to-wit:
AYES: Councilmembers Malcolm, Cox, Moore, McCandliss, Nader
NAYES: Counct 1 members T~n~,
ABSTAIN: Counci linetubers None
ABSENT: Counci linetubers None
ATTEST ~ City Clerk
S E OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
f, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY thor the above ond foregoing is 0 full, true ond correct copy of
RESOLUTION NO. 13845 ,ond thor the some has not been omended or repealed
DATED
_ City Clerk
CC-660
WHEN RECORDED RETURN TO:
]i~nk NL Fulasz, City Clerk
P. O. Box 1087,
Clmla Vista, C~litornla 921)12
HOLD HARMLESS AGREEMENT
~h/s~reement~js~.entaL~dliin~o.~so~f///O~_~'9~Z:"~,4?J9/, ,
1988 between the City of Chula Vista, a Callfornil mUSieipal'
corporation (the "City"), and Mr. and Mrs. Erich Wild,
individuals (collectively, the "Wilds").
1. Underlying Facts.
1.1 The Wilds are the owners of certain real
property located in Chula Vista, California commonly known
as 67 Second Avenue, Chula Vista, California ~the
"Property").
1.2 Ms. Sue Hudson, in conjunction with
developing certain real property adjacent to the Property,
obtained a grading permit from the City, which permit is
secured by a bond (the "Bond").
1.3 As a condition of releasing the Bond, Ms.
Hudson is required by the City to remove an existing storm
drain pipe (the "Pipe") located on the Property. As an
alternative to removing the Pipe, both the Wilds and Ms.
Hudson desire to leave the Pipe have Ms. Hudson fill it with
grout.
1.4 The City is reluctant ~o ~,:ant such consent
unless and until it is assured that ~kc City will .be
indemnified and held harmless by the Wilds from any and all
liability which may result from allowing the Pipe to remain
on the Property.
to waive its requirement that Ms. Hudson remove the Pipe as
~-a condition of releasing the Bond on the following terms and
conditions.
2. Consent.
2.1 The Wilds hereby grant their consent to allow
the Pipe to remain on the Property and to be filled with
grout by Ms. Hudson.
3. Indemnification.
3.1 The Wilds shall indemnify, defend and hold
the City and its agents, employees and successors, harmless
from and against any and all claims, demands, actions,
losses, obligations, liabilities, Judgments, penalties,
costs and expenses of any nature whatsoever, including
attorneys' fees which the City may sustain or incur arising
out of or in connection with the Pipe remaining on the
Property.
4. General Provisions.
4.1 Attorneys' Fees. If a party commences an
action against the other to enforce or interpret the terms
of this agreement or to obtain a declaration of rights under
this agreement, the prevailing party shall De entitled to
all attorneys' fees, costs and expenses incurred in such
action or any appeal or enforcement of such action.
4.2 Successors and Assigns. This agreement rubs
with the land and is binding on the Wilds, their heirs,
successors in interest, and assigns.
4.3 Entire Agreement. This agreement represents
the entire agreement between the parties with respect to the
subject matter set forth above, and supersedes all previous
oral and written agreements, communications,
representatations or commitments.
4.4 Further Assurances. The parties covenant and
agree that they will execute such other and further
instruments and documents as are or may become necessary or
convenient to effectuate and carry out the purpose of this
agreement.
CITY OF CHULA VISTA, a
mun c a cot ora On
Mayor
City Clerk ~f
hy/~S Wil~ '
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
pe ~ ' o;ed to me on the basis of satisfact Y
same.
WITNESS my hand and official seal.
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DRAWN 8Y TITLE
R.D.G. 67 SECOND AVENUE
o,,~ ,o-as-ca CITY OF CHULA VISTA