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HomeMy WebLinkAboutResolution No. 6035RESOLUTION NO. 6035 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 San Rafael School District to share maintenance duties at the new multipurpose field at Davidson School. 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 intro- duced and adopted at a regular meeting of the City Council of said City held on Monday the 19 80 , by the following vote, to wit: 15th day of December , AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEA413ERS: None ABSENT: COUNCILMEMBERS: None (--- � R - A -W (t ) , 7 Ri IN 10' GvT' AL ANNE M. LEONCINI, City Clerk A03%f -- JOINT POWERS AGREEMEN1 THIS AGREEMENT, made and entered into this 15th day of December , 1980, by and between the SAN RAFAEL SCHOOL' DISTRICT, of Marin County, hereinafter referred to as "District", and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "City". W I T N E S S E T H: WHEREAS, Chapter 5, Division 7, Title 1 of the California Government Code provides for the joint powers agreements between public bodies; and WHEREAS, it is in the mutual interest of the parties hereto to have City take over the maintenance of the Davidson Middle School Athletic Field, which was put in by the City. NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows: DISTRICT agrees to: 1. Allow City to use the Davidson Middle School Field during periods of time in which the field is not being used by the District. District will give City sixty (60) days' notice of any District scheduled activities. 2. District will allow City to charge a user fee to other organizations in order to offset operational expenses. 3. Dist-.--Lct agrees to aerate, renovate and overseed once annually, the Davidson Middle School Field. 4. District agrees not to charge City for use of the Davidson Field but does require City to share in net profits from outside programs. 5. District agrees to channel applications for use of the Davidson Field through Recreation Department staff. CITY agrees to: 1. Take full responsibility for coordinating use of the Davidson Middle School Field. COPYPage 1. 2. Take full responsibility for use of the Davidson Field during above mentioned hours. 3. Mow and water the Davidson Field using District water. 4. Be responsible for the Davidson Field during the hours of use by City or by use of users authorized by the City. 5. Process all applications submitted by users and maintain a master calendar for use of the Davidson Field. IT IS FUR= AGREED: 1. That the Recreation Department of said City hereby holds the District, its officers, agents, servants and employees, while acting as such, free and harmless from any liability from any obligations arising by virtue of law, because of injury to property or injury or death of persons, received or suffered by reason of any actions of the City under the provisions of this Agreement. 2. That the District hereby holds the City, its officers, agents, servants and employees, while acting as such, free and harmless from any liability frau any obligations arising by virtue of law, because of injury to property or injury or death of persons received or suffered by reason of any actions of the District under the provisions of this Agreement. 3. This Joint Powers Agreement may be amended or terminated by the mutual consent of the parties hereto and may be cancelled by either party upon sixty (60) days, written notice. In WITNESS Nli=F, the parties have executed this Joint Powers Agreement the day- and year first above written. CITl OF '� RAFAEL By. Laurence E. Mulryan, Mayor AT=: 1 ea b M. Leoncini, City Clerk APPROVED AS TO FORM: l� . Edmund A. Duggan, C Attorney Page 2. SAN RAF OOL DI Cr By: / Carl 0_ -Couch, perintendent ATTEST:_ APPROVED TO 1. R hard V. C ino, District Counsel