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HomeMy WebLinkAboutCC Resolution 7322 (Vallecito Playground Project)RESOLUTION NO. 7322 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF JPA WITH DIXIE SCHOOL DISTRICT AND CONTRIBUTION OF AN ADDITIONAL $5,000.00 TO THE VALLECITO PLAYGROUND PROJECT. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, there is a need for improvement to park and recreation services and facilities in Terra Linda planning area of San Rafael; and WHEREAS, the Dixie School District and the City are mutually desirous of constructing certain improvements on the Vallecito School site for community recreation and park purposes and for the use by District; and WHEREAS, the City Council adopted Resolution #7084 on April 15, 1985 authorizing a $10,000.00 contribution to the project; and WHEREAS, the Vallecito Playground Committee has raised $88,000.00 in grants and donations and needs $5,000.00 to complete the budget, NOW THEREFORE, be it resolved that the City Council of the City of San Rafael authorizes execution of a JPA with the Dixie School District and an additional contribution of $5,000.00 towards the Vallecito Playground Improvement Project. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introducer? and adopted at a regular meeting of the City Council of said City held on Monday, the 7th day of April , 1086, by the following vote, to wit: AYES: COUNCILMEMBERS : Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS : None i JECPAM. LEONCNI, City Clerk �3z JOINT POWERS AGREEMENT THIS AGREEMENT, made and entered into this 7th day of ... April........ 1986, by and between DIXIE ELEMENTARY SCHOOL DISTRICT, Marin County, hereinafter referred to as "DISTRICT", and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY". WHEREAS, Title I, Division 7, Chapter 5 (Govern- ment code) Section 6580 et seq. provides for the Joint Powers Agreements between public bodies: and WHEREAS, there is a need for improvement of playground and recreation services and facilities in the Terra Linda planning area of San Rafael; and WHEREAS, the DISTRICT and CITY mutually desire to provide playground and recreation service=_ for the residents of the above mentioned planning area. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. CITY shall contribute Fifteen Thousand Dollars ($15,000) toward the cantruction and creation of a playground facility (hereinafter PROJECT) in Vallecito School Campus as soon as this Joint Powers Agreement is fully executed. 2. DISTRICT shall be responsible for all other -2 - project costs, including but not limited to =;ans, specifi- cations, permits, construct ion, admiriistrat is-, and super- vision. District agrees to expend from public and private donated fund receipts an arnoUrit i r, the ne i gh =,zrhood of approximately Ninety Thousand Dollars ($90,0'.)-) toward the approved project. 3. DISTRICT shall maintain satisfa=tory financial account s, documents, and records for the PRO ---::'CT and shall make the records available to CITY upon requc-=t. 4. DISTRICT shall be responsible f:,r^ the maintenance ---f said playground and its recrea. iori facilities. C. DISTRICT agrees not to close sa-a playground and its r^ecreat icon facilities to community dLa-ing non- operating school hours, notwithstanding any p_ssible unfore- seen emergencies which might cause facilities to be closed because of health or- safety factors. 6. DISTRICT shall indemnify, hold -armless arid defend CITY, its officers and employees from =11 claims, 1iabi1it;es, causes c.f action and judgments f_r injury or damage to per^si-,res or, property arising out of :r, connected with con=_t ruct i on arid use of said park arid re -^eat i on facilities. 7. DISTRICT agrees to complete PPOJECT by September 1, 1986. If the PROJECT is not ccmp 1 et ed at the abovementioned time, DISTRICT agrees to retu-n within 30 days all unused CITY contributed fund=_ with interest at the legal rate within 30 days. DISTRICT may request an extension of time from CITY by notifying CITY in writing 30 days before September 1, 1986. If an extension of time zs granted, a new completion date will be set under the sere terms herein stipulated above. REVERSION - If the Vallecito Schee! Site ceases to be used as a public perk and recreational s:te within ten years of the date of execution of this agreerent, DISTRICT shall repay the CITY 10% of the CITY'S $15,0?0 contribution for each year or portion thereof of the rema:ning 10 year per zod. IN WITNESS WHEREOF, the parties ha.e executed this Joint Powers Agreement the day and year firs: written above. Z'Z DIXIE SCHOOL DISTRICT CITY_OF SAN RAFAEL �`y'-- = - - = -- �`y'--------------------� -- Lawr,ence E. Mulryan, Mayor, Dy: --------------------- ATTEST: APPRPYED AS TO 5JPRM --------- -- ---------- Ruth Roser Deputy District Attot-ney ATTEST: r 4-c 4n J�#nne M. Leonc i ni City Clerk APPRrfD AS Tq FORM. �. -- - - --------- Ga y Ra g i an i C' y Attorney