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HomeMy WebLinkAboutResolution No. 5419RESOLUTION NO. 5419 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 DIXIE SCHOOL DISTRICT - JOINT POWERS AGREEMENT RE: OAK VIEW ELEMENTARY SCHOOL PLAYFIELD a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City 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 TUESDAY the 21ST day of FEBRUARY 19 78 by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini JEANNE M. LEONCINI, City Clerk ---�-- ----- ---------------------- REGINA A. BUCHANAiA - Deputy City, .Clerk 1/78 -CC ORIkCINAL V � JOINT POWERS AGREEMENT THIS AGREEMENT, made and entered into this /.'4' day of 1978, by and between DIXIE SCHOOL DISTRICT, of Marin County, hereinafter referred to as "DISTRICT", and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY". WITNESSETH: 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 interests of the parties hereto to have CITY take over the maintenance and control, for community recreation and park purposes, of the Oak View School playfield, hereinafter referred to as "FIELD". NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows: CITY agrees to: 1. Expend a sum of $2,000 for renovation and improvements to the existing FIELD. 2. Expend a sum of $5,000/year for yearly maintenance cost. 3. Be responsible for and shall undertake re- sponsibility for the utilities, daily care and maintenance of said FIELD. 4. Be responsible for regulating and coordinating usage of said FIELD. 5. To honor the existing lease between the DISTRICT and Easter Seal Society and program around Easter Seal field usage which is scheduled on Tuesdays, 6:00 PIIS -9:00 PAI; Thursdays, 3:00 PM -9:00 PM; and, Saturdays, 9:00 AM -3:00 PM. DISTRICT agrees to: 1. Reimburse CITY 50%, or a maximum of $1,000 for renovation and improvement costs to said FIELD. 2. Reimburse CITY 50%, or a maximum of $2,500, for yearly maintenance costs. 3. Grant to the CITY use and complete control, supervision and maintenance of said FIELD. 4. Grant to the CITY rights to renegotiate, upon its termination, existing lease of FIELD with Easter Seal Society. IT IS FURTHER AGREED: 1. That the Parks and 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 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 DISTRICT under the provisions of this Agreement. 3. This 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' notice. -2- 4. In case of cancellation within one (1) year by the DISTRICT, DISTRICT shall reimburse CITY for the fair market value of the improve- ments. IN WITNESS WHEREOF, the parties have executed this Joint Powers Agreement the day and year first above written. ATTEST: ATTEST: JnA&NE M. LEONCINI, CITY CLERK APPROVED l4S TO FORM. � / r 14ARRY A. ,,COMI%, CITY ATTORNEY -3- DIXIE SCHOOL DISTRICT BY CITY OF SAN RAFAEL By MAYOR