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HomeMy WebLinkAboutResolution No. 4968RESOLUTION NO. 4968 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 Dixie School District Re Use of Nova Albion School for Community Gardens Program. 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 2nd _ day of June 19 75 , 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 JOINT POWERS AGREEMENT THIS AGRF—EMENT. :rade and entered into this z7j.> day of 1975, by and between DIXIE SCHOOL DISTRICT, of Marin County, her 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 Govern - meat Code provides for joint powers agreements between public bodies; and WHEREAS, it is in the mutual interests of the parties hereto to undertake certain improvements on vacant lands of the Nova Albion School site for the development of a Co=..unity Garden Program for use by the residents of the City of San Rafael and Dixie School District, NOW. THEREFORE, in consideration of the mutual promises and cov- enants hereinafter contained, the parties do hereby agree as follows: DISTRICT AGREES TO: 1. Grant to the Recreation Department of the City access to the described facilities and complete control, supervision and maintenance of the Community Garden Program, enabling said program to be open and available to the residents of the community. 2. Provide the City Pecess to and use of existing District water sources €or the purpose of irrigating the established garden plats. (1) CITY AGREES T0: 1. Expend a sum not to exceed $1,000.00 for improvements to the school site for establishment of the Community Garden. 2. Be responsible for the complete administration, control, supervision and maintenance of the Communit-u Garden and said School Site utilized for such purposes. a sum,, of tf'.`P i v dn11etr! (ear, M) icer Rona -h 3. Pay the. District �he�-amsuat-ot�'the�u frig a nine-month rferind i-nerease-above the -past -year -usage. IT IS FURTHER AGREED: 1. That the Recreation Department of said Citi; hereby holds the District, its officers, agents, servants and employees, while acting as such, free and harmless from any liability from an 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 her.ebv holds the City, its officers, agents, servants and employees, while acting as such, free and harm- less 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 t(ie 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. one (i) year's notice, 4. In case of cancellation of this Agreement by the City, or abandonment by the City of the facilities described herein, the District reserves the right, at District option, (a) To (7i control and supervise these facilities, or (b) To have said facilities removed from the School Site, with the Cit} paving for removal. IN WITNESS WHEREOF. the parties have executed chis Joint Powers Agreement the day and year first above written. DIXIE SCHOOL DISTRICT By ATTEST-. _ �'~�4��'' I�E•l�f ✓='��� yam... F CITY OF SAID RAFAEL t; By _ AlrEST : f (3)