HomeMy WebLinkAboutResolution No. 5290RESOLUTION NO. 5290
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael a lease or agreement with
San Rafael School District re construction of tennis courts and related
improvements at the Glenwood School site,
a copy of which is hereby attached and by this reference made a part hereof.
I, MARION A. GRADY, 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 Monday the 18th day of April
1977, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
MARION A. GRADY - City Clerk
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JOINT POWERS AGREEMENT
This Agreement made and entered into this 18th
day of April 19'77, by and between the SAN RAFAEL
SCdOOL DISTRICT of Marin County, hereinafter referred to
as "DISTRICT", and the City of San Rafael, a municipal corpora-
tion, hereinafter referred to as "CITY",
WITNESSETH:
WHEREAS, Chapter 5, Division 7, Title 1 of the California
Government Code provides for joint powers agreements between
public bodies;
WHEREAS, it is in the mutual interests of the parties
hereto to make certain improvements for community recreation
and park purposes and for the use by District at the Glenwood
School site; and
NOW, THEREFORE, in consideration of the mutual promises
and covenants hereinafter contained, the parties hereto do
hereby agree as follows:
1. City agrees to expend a sum not to exceed $35,000
ror the construction of two tennis courts and related improve-
ments to be located on the surplus Glenwood Middle School
site, approximately one hundred and fifty (150) feet south of
the edge of the existing marsh nature study area, as shown on
"Exhibit A" attached hereto.
2. City shall plan the improvements to be made and
shall coordinate with the Distridt the implementation of the
plan. Construction shall not commence until plans have been
approved by District. City and the District shall use their
best efforts to insure that the school site improvements
will be completed by July 30, 1977.
3. The District's sole responsibility for the
maintenance shall be to periodically sweep the courts and
provide general clean up of the area. All other maintenance
shall be the responsibility of the City.
4. District hereby grants to the City access to
the school site improvements for constructing these improve-
ments and conducting community recreation programs in accord-
ance with Article 8 hereof.
5. City hereby indemnifies, defends and 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 use of the property pursuant to
this Agreement.
b. This Agreement may be amended or terminated
by the mutual consent of the parties hereto and may be
terminated by either party upon one year's notice.
7. The District and City mutually agree that the
improvements to the school site shall be made in accordance
with the following listed conditions:
A. Persons using the tennis courts shall be
permitted to use existing parking facilities
at Glenwood School.
B. Residents of the San Rafael School District
shall be allowed to use the tennis courts
upon obtaining a proper identification
sticker from the City Recreation Department.
C. Use of the tennis courts by the public
will be regulated by posted signs stating
that court use would not be allowed until
8:00 AM; practice backboard$ will not be
installed to keep the noise level at a
minimum.
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D. Wind screens shall be installed. Land-
scape screening shall be provided when
adequate water is available at the site.
E. Night lighting of the courts will not be
provided in the improvement$ to be made.
F. City shall be responsible for the control,
supervision and scheduling of court use for
school and community recreation programs.
Priority for use shall be granted to the
school during school hours. Use of facili-
ties by the public shall not interfer with
the District Educational Program.
A. In the event this Agreement is terminated
by District within ten (10) years from the
date of execution, the District shall pay
to City ten percent (10%) of the City's
construction costs for each year remaining
of the ten (10) years, plus $5,000. Payment
of the $5,000 shall be waived if the District
uses the land for school educational purposes.
All improvements shall become property of
the District.
B. In case of termination by the City, all im-
provements shall become the property of the
District, without payment or obligation to
or from the City.
9. It shall be the responsibility of the City to comply
with all applicable laws, rules and regulations and to obtain all
necessary permits for intended improvements and/or activity on
the site.
IN wITNL5L' V.JJLJcEOF, the parties hereto have
executed this Joint Lowers Agreement the day and year first
above written.
SAN RAFAEL CITY SCHOOL DISTRICT
By -
ATTEST:
APPROVED AS TO FuRM:
Richard V. G dino, District Counsel
CITY OF SAN RAFAEL
By � &4��
MAYOR C. PAUL BETTINI
ATTEST:
MARION A. GRADY, City Clerk
APPROVEQ2A ' 111-0 FORM
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