HomeMy WebLinkAboutResolution No. 6375 (Fire Road Grading Agreement)RESOLUTION NO. 6375
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 with
AGREEMENT BETWEEN THE COUNTY OF MARIN AND CITY OF SAN RAFAEL
RELATING TO FIRE ROAD GRADING
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
sixteenth day of August ' 1982 , by the follow-
ing vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
J . LEONCINI, City Clerk
R" 'I" v- G 11 N A L
FIRE ROAD GRADING AGREEMENT
THIS AGREEMENT is made and entered into this 16th day
of August , 1982, between CITY OF SAN RAFAEL
hereinafter called "CITY" and the COUNTY OF MARIN, hereinafter
called "COUNTY".
WHEREAS, the Marin County Fire Department (a department
of COUNTY), has traditionally graded certain unimproved fire roads
within the jurisdiction of CITY at the request of, and for the
benefit of CITY, and it is anticipated that in this year of 1982 ,
COUNTY will again grade certain fire roads at the request of
CITY; and
WHEREAS, COUNTY will provide the aforesaid grading
services free of charge as a benefit to the citizens of CITY and
COUNTY;
CITY THEREFORE AGREES:
1. CITY will specify and limit those fire roads within
its jurisdiction that it desires to have COUNTY grade, as shown in
Exhibit "A" attached and incorporated.
2. CITY will obtain all necessary permission (including
licenses, rights of entry, and/or easements) from the owners or
responsible lessees of any private property upon which the fire
roads are located. By directing that COUNTY grade a particular
fire road, CITY warrants that it has obtained the permission of
the landowner necessary to so do.
3. CITY shall indemnify, defend, and hold harmless
COUNTY, including the Marin County Fire Department, and any and
all officers, employees, elected officials, agents, or other
personnel of COUNTY from any claims, demands, causes of action,
obligations, damages, or liabilities of any nature whatsoever that
may be asserted against COUNTY arising out of grading activities
requested by CITY. CITY'S obligations under this paragraph,
however, are conditional upon the following: CITY shall reserve
the right to inspect these roads designated for grading before and
after the grading activities and shall also have the right to
indicate any improper or unworkmanlike performance. COUNTY shall
correct, upon request of CITY, any reasonable defects in the road
grading.
4. COUNTY shall incur no obligation to CITY, or to
any other persons or entities, by virtue of this agreement, the
entire consideration for CITY'S promises herein being those
grading activities such as COUNTY actually performs free of
charge.
5. This agreement shall expire one year after its
execution but in no event shall it expire after road grading
has commenced in 1983.
IN WITNESS WHEREOF, -this agreement has been executed by
and on behalf of the parties hereto the day and year first above
written.
Dated: dj-'� 16, /-Fk Y
Attest: L
City/�Cle
Dated:
Approved as to forma
18 A/12did
0 --
.Title: Mayor of the City of
San Rafael
ByP. -�&X
Assis nt ire Chief
MAR COUNTY FIRE DEPARTMENT
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