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