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
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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) .
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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.
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- 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,
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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.
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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