Loading...
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 i ' t-PiC� d ---------- RENEE: . i �ali:� .i - / t- y l: erk 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. M 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 r �,KAF)t`Y A. 'CO ity Attorney F 6/16-10 +M r Jy r�y r