Loading...
HomeMy WebLinkAboutResolution No. 5420RESOLUTION NO. 5420 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: BERNARD HOFFMAN 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 , 1978 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. BUCHANAN - Deputy City clerk 1/78 -CC JOINT POWERS AGREEMENT THIS AGREEMENT, made and entered into this 1-,-t day of Aaffo , 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 Cali- fornia 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 Bernard Hoffman School playfield and basketball court, hereinafter referred to as "GROUNDS". NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows: CITY agrees to: 1. Renovate and improve existing "GROUNDS". 2. Be responsible for and shall undertake responsi- bility for the daily care and maintenance of said GROUNDS. 3. Be responsible for regulating and coordinating usage of said GROUNDS. 4. Reimburse DISTRICT for all utility costs relating to GROUNDS maintenance. DISTRICT agrees to: 1. Grant to the CITY unrestricted use and complete control, supervision and maintenance of said GROUNDS. COPY 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 lia- bility 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. 4. In case of cancellation within one (1) year by the DISTRICT, DISTRICT shall reimburse CITY for the fair market value of the improvements. IN WITNESS WHEREOF, the parties have executed this Joint Powers Agreement the day and year first above written. DIXIE SC400L DISTRICT By ATTEST: CITY OF SA RAFAE By Z0_Z_ MAYOR LIF ATTEST: JFZ�� A J NNE M. LEONCINI, CITY CLERK