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HomeMy WebLinkAboutCC Resolution 8711 (Pickleweed Park Lease)RESOLUTION NO. 8711 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a contract, lease or agreement Second amended agreement between the City of San Rafael and Canal Community Alliance (CCA) for joint use of the Pickleweed Park Community Center a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 20th day of July 1992 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT COUNCILMEMBERS: None JE NE M. LEONCINI, City Clerk O-IRIV,INAL co,, SECOND AMENDED AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE CANAL COMMUNITY ALLIANCE FOR JOINT USE OF PICKLEWEED PARK COMMUNITY CENTER The City of San Rafael, hereinafter referred to as the "CITY", and the Canal Community Alliance, hereinafter referred to as "CCA", entered into a joint Use Agreement on June 1, 1982 relating to the joint use of the Pickleweed Park Community Center. Thereafter, said agreement was supplemented by an agreement on July 7, 1984. The parties to said agreements now desire to update said agreements to clarify the language and intent of the said agreements, as of July 20, 1992. NOW THEREFORE, the CITY and CCA agree as follows: A. July 7,1984 AGREEMENT IS AMENDED AS FOLLOWS: 1. CCA will reimburse the CITY for all vandalism and/or alarm calls that occur during CCA's occupation of the facilities whether said vandalism/alarm calls occur during a regularly scheduled CCA event or an event subject to an additional rental agreement. 2. CCA will be provided a key so that it may have access to the "Game Room" and access to the east exterior door and the CCA office. 3. CCA will provide the CITY with a Certificate of Insurance as evidence that the CITY, its officers and employees are named as additional named insureds on CCA's liability policy; that the limits of liability shall not be less that $1,000,000 per person and $1,000,000 per occurrence for property damage. The Certificate shall also provide that the insurer will not cancel the insurance without providing the CITY at least thirty (30) days advance written notice. Said Certificate shall also provide that the coverage shall be primary coverage as to such additional insureds. 4. CCA agrees to hold the CITY harmless in any legal proceeding involving CCA's use of the premises and to indemnify the CITY from all costs and expenses not covered by the liability insurance coverage as herein provided. 5. The City's Recreation Director will be responsible for the decisions regarding the operation of the Pickleweed Park Community Center. 6. Each party shall request permission to use any equipment belonging to the other party from the City's Recreation Supervisor or from the CCA's Program Services Supervisor, whichever is applicable. 7. CCA shall leave any rooms used by it in the same condition as they were prior to use. COPY 8. Storage in the kitchen will be as mutually agreed and there will be dedicated storage in the Game Room. 9. CCA shall comply with the Americans with Disabilities Act (ADA) prohibiting discrimination on the basis of disability in the services, programs and activities it conducts at the Pickleweed Community Center. Said non-discrimination includes requirements with regard to making services, programs, and activities accessible to individuals with disabilities. 10. ROOM CCA may use the Pickleweed Park Community Center facilities in the rooms, at the days and times set forth as follows: Game/Youth Room DAYS TIMES Monday thru Friday 9 AM - 2 PM Misc. Programs 2 PM - 7:30 PM Youth (advance reservation by City) Saturday Noon - 5 PM Youth Room 3 Monday thru Friday When needed (CCA may request and use by advance reservation) Room 3 will be available with priority use for CCA with one week advance notice. Multi-purpose Room Friday, Saturday or One 12 -hour weekend event four Sunday times/year Dates are to be confirmed one year in advance or subject to availability. CCA Office Dedicated With the exception of the Game Room, any usage beyond regular operational hours solely by the CCA will be assessed direct facility attendant personnel costs. When the Center is used for fund raising events that directly benefit the CCA, the CCA will then pay regular non- profit fund raising rental rates as outlined in rental contract. When the City agrees to sponsor or co-sponsor the activity, CCA will not be charged additional fees. B. THE JUNE 21,1982 JOINT USE AGREEMENT IS AMENDED AS FOLLOWS: The Pickleweed Park Community Center Advisory Board shall be expanded from five (5) to seven (7) members consisting of not more than four (4) or less than three (3) members of the CCA Board of Directors or designee(s) or such Board of Directors and not more than three (3) or less than two (2) members of the City's Park and Recreation Commission or designees of such commission. Canal residents and agency representatives shall always constitute the majority in any board formation. The intent of expanding the size of the Board is to include representatives from such 7 organizations as the Canal Ministry and Communities in Schools, both of whom offer recreation programs and services in the ESR neighborhood. The Advisory Board created by this agreement shall recommend to the City's Park and Recreation Commission the following: (a) Guidelines for community uses of the Center's facilities and outdoor park facilities. (b) Criteria for a scholarship -subsidy mechanism to ensure accessibility to Center programs for those unable to pay full charges. (c) Ideas and suggestions regarding programs and policies relating to the Center. C. Except as amended in this Agreement, the remaining provisions of the Joint Use Agreement between the parties executed on June 21, 1982, shall remain in full force and effect. CITY OF SAN RAFAEL CONTRACT APPROVED BY: ALERT J. BO , Mayor Attest: ALE' JE E M. LEON INI, City Clerk Dated: Tuly 20.1992 Approved as to Form: 6 0�,o 6ez, GARY T. RA HIANTI, City Attorney C.C.A. EXECUTIVE DIRECTOR ,i. A. BOARD CHAIRPERSON AGREEMENT BET =-N CITY OF SAN RAFAEL AND CANAL COMMUN1 Y ALLIANCE FOR JOINT USE OF PICKL`�iEED COMUNITY CENTER 1. Vandalism: C.C.A. will reimburse the City for all vandalism that is incurred during C.C.A. supervised events in regularly scheduled rooms and additional rental agreement. 2. The C.C.A. will be assi n -ed a key to the "Game Room" for access to the room during non -operational hours; and a key which will provide access to the front door and the C.C.A. office. - The C.C.A. employee a=signed the key shall be bonded. - C.C.A. will provide a certificate of insurance to the C' -may of San Rafael, naming she City, its officers and employes as additional insured -s on C.C.A.'s current liability po-'icy. The policy limits applicable to the City will be no less than $1,000,000 per person and $1,000,000 per occurrence for public liability and $1,000,000 per occurrence for prop- erty damage. The cert=ficate shall also provide that the insurer will not cancel the insurance without providing the City at least thirty 30) days advance written notice. 3. Center Director makes all decisions regarding the operatics of Center. 4. C.C.A. will request per—=ssion to use any equipment belonging to the City from the Center Director. City shall request permission to use any eq.:ipment belonging to the C.C.A. from the Program Services Suzervisor. 5. Rooms used by C.C.A. will be left in the same condition as they were prior to use. 6. Storage and Closet: Gare Room dedicated storage. Mutually agreed upon storage in the kitchen. 7-2-84 Page 1 of 2 G��'Y Agreement Between City of San Rafael and Canal Community Alliance 7-2-84 Page 2 of 2 City shall provide the following facilities to the C.C.A. for the following designated times: Room Days Times Game/Youth Room Monday thru Friday 9 a.m. - 2 p.m. Sr. Citizens 2 - 7:30 p.m. Youth Saturday Noon - 5 p.m. Youth (Advance Reservations by City) Class/Conf. Rm. Monday thr--- Friday When needed (Advance Reservations by C.C.A.) There will be one room wi=h priority use for C.C.A. which w=11 be open at all times wit: one week advance notice; it may be the Conference Room or a meeting room. Multi -Purpose Friday, Sa=urday One weekend day evening _er Room & Kitchen or Sunday quarter Dates are to be confirmed one year in advance or subject to availability. C.C.A. Office Dedicated With exception of the Game room, any usage beyond regular opera- tional hours solely by the C.C.A. will be assessed direct facility attendant personnel costs. When the Center is used for fund rais- ing events that directly benefit the C.C.A., the C.C.A. will then pay regular non-profit fund raising rental rates. When the C_ty agrees to sponsor or co-spcnsor the activity, C.C.A. will not be charged additional fees. CONTRACT APPROVED BY: C.C.A. Exe tive D'rector ` Attest: A-- . JE 1�M, LEONC �I, City Clerk Approved as to Form: A,C:-A -- 11_32 -:--- f�,r.__ PETER J. MUZIO, City Attorney LAWRENCE E. MULRYAN, iaycr M. JYA. Board Chairperson MEMORANDUM OF UNDERSTANDING This Agreement, made this day of , V 1982, by and between the City of San Rafael, hereinafter referred to as the "City", and the Canal Community Alliance, hereinafter referred to as "CCA". The purpose of this agreement is to establish CCA, a public benefit non-profit corporation, incorporated in the State of California on March 22, 1982, as an authorized joint user with the City of the Pickleweed Park Community Center proposed to be built by the City. The City and CCA are mutually desirous of providing social, cultural, recreational and educational activities that will benefit all residents of the City generally as well as the residents of the Canal area of the City specifically. The City and CCA are further desirous that a community center, hereinafter referred to as the "Center", be con- structed and operated by the City on that City -owned real property commonly known as Pickleweed Park, located in the Canal area of the City. To that end, a joint application of the City and CCA was made on May 7, 1982 to the San Francisco Foundation for funding to assist in the construction of the Center. Upon the completion of the Center, both the City and CCA desire that each should conduct programs in the Center; the City's programs shall be made available to all residents of the City, including residents of the Canal area, and CCA's programs shall be made available primarily to the residents of the Canal area, which is hereby acknowledged by both parties to have needs that are not commonly found in the rest of the City and are not currently being met in a satisfactory manner. It is anticipated that the Center and CCA will contribute in an affirmative manner toward meeting those special needs. It is further acknowledged that the existing community centers located in the City are currently being utilized by the residents of the City at or near such centers' capacities and the proposed Center will serve as an additional community facility for all residents of the City. For purposes of this Agreement the term "Canal area" means that area of the City bounded by Highways 101 and 17 to the south and west, San Pablo Bay to the east and the San Rafael Canal to the north. IN CONSIDERATION of the mutual promises and acknowledgements made herein, the parties hereto agree as follows: 1. The City shall provide, pursuant to established guidelines, CCA with facilities at the proposed Center for the purpose of providing space for CCA sponsored programs. The City shall provide the following facilities within the Center: the game room, the multi-purpose room and kitchen. In addition, the game room and club room located within the Center shall be dedicated priority use for CCA. The CCA office shall be dedicated exclusively to CCA. No charge/fee shall be assigned for use of the above rooms. 2. CCA shall sponsor programs that benefit the residents of the Canal area. CCA sponsored programs shall give first priority to residents of the Canal area. In the event residents of the Canal area do not fill up a CCA sponsored program, residents of the City outside the Canal area shall be permitted to participate in such program(s) . -2- 3. The City shall exercise, have and perform complete control, responsibility, maintenance and operation of the Center and City - sponsored programs conducted therein. CCA personnel assigned as staff with CCA sponsored programs shall follow the operational policies and procedures of the Center, as the same are set forth from time to time by the Center's Board. CCA personnel shall be responsible to and be supervised by the CCA Executive Director. 4. The City shall provide all necessary equipment, furnishings, materials, and personnel to maintain and operate the Center in a satisfactory manner. CCA shall provide its own staff, equipment and materials (excluding furnishings) in the operation of CCA sponsored programs. 5. Both the City and CCA shall provide the other a complete description of its proposed programs to operate within the Center. 6. A Pickleweed Park and Community Policy Board shall be created consisting of not more than three (3) or less than two (2) members of the CCA Board of Directors or designee(s) of such Board of Directors and not more than two ( 2 ) or less than one (1) members of the City's Park and Recreation Commission or designee of such commission. Canal residents shall always constitute the majority in any Board formation. The Policy Board created by this paragraph shall recommend to the City's Park and Recreation Commission the following: - Recommend guidelines for CCA use of the Center's facilities, as described in paragraph 1 hereinabove. Facilities dedicated to CCA use shall be subject to regulation only as to time of use. -3- - Recommend charges for CCA use of space not specifically designated as CCA priority use. - Review and make recommendations to the City's Park and Recreation Commission regarding the programs and policies relating to the Center. - Develop and set criteria for a scholarship -subsidy mechanism to ensure accessibility to Center programs for those unable to pay full charges. 7. In the event of CCA's formal dissolution, any assets owned by CCA at the Center shall be treated according to State statute in reference to the dissolution of public benefit non-profit corporation. 8. CCA shall indemnify and hold harmless the City, its officers, agents, servants, and employees, while acting within the scope of such agency and/or employment, against any and all liabilities, claims, demands, suits, actions, proceedings, loss, costs, and damages of every kind and description, including attorney's fees and/or litiga- tion expenses which may be brought or made against the City or incurred by the City on account of injuries or damages to persons or property which may occur on the Center premises, or arising out of Worker's Compensation claims, Unemployment Compensation claims or Unemployment Disability Compensation claims or employees of CCA or out of claims under similar such laws, except where such liability arises out of the negligent, reckless, or intentional acts of the City, its officers, agents, servants, and employees. 9. The City shall indemnify and hold harmless CCA, its officers, agents, servants, and employees, while acting within the scope of such agency and/or employment, against any and all liabilities, -4- claims, demands, suits, actions, proceedings, loss, costs, and damages of every kind and description including attorney's fees and/or litigation expenses which may be brought or made against CCA or incurred by CCA on account of injuries or damages to persons or property which may occur on the Center premises, or arising out of Worker's Compensation claims, Unemployment Compensation claims or Unemployment Disability Compensation claims of employees of the City or out of claims under similar such laws, except where such liability arises out of the negligent, reckless, or intentional acts of CCA, its officers, agents, servants and employees. 10. This Agreement may be modified only upon written agreement of the City and CCA. 11. This Agreement may be terminated by either party hereto only upon written notice of such termination being given to the non - terminating party and only when such written notice is given at least ninety (90) days prior to an annual anniversary date of the execution of this Agreement. Such termination shall be effective on the annual anniversary date subsequent to the giving of the written termination notice. 12. In the event any one or more provisions of this Agreement should be determined to be illegal or unenforceable, all other pro- visions nevertheless shall remain effective and in full force. 13. The parties hereto agree that this Agreement shall become effective on / 1983, or the date the Center is first occupied, whichever occurs first. -5- IN WITNESS WHEREOF, the parties have executed this Agreement on the date f irst mentioned above. APPROVED AS TO FORM: By JA� • I • �I/L�, � Edmund A. Duggan, Cit ttorney ` APPROVED AS TO CONTENT: By Robert' Beyer,=i y Manager S -C CANAL COMMUNITY ALLIANCE, INC. By ,/% Cc.Pi� Nancy Kael $oa of Directors Chairperson APPROVWEy : BY Dariitorney for CinAlliance CITY OF SAN RAFAEL: flay Lawrence E. Mulryan, Mayor ATTEST: a ne M. Leoncini, City Clerk