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Home My WebLink AboutCC Resolution 44474447 RESOLUTION NO. A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT Q THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RE- SOLVES as follows: The MAYOR and CITY CLERIC are authorized to execute, on behalf of the City of San Rafael a lease or agreement with San Rafael Gity School District - Joint Powers Agreement TT_e_n_w_o=o a copy of which is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and re- gularly introduced and adopted at a regular meeting of the Council of said City held on Monday the 2nd day of April 19 73 , by the following vote, to - with. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None '/'-. /.12,� MARION A. GRADY - City Cl ek T c! iNT P0.4 1 7Ru AC:1" ,`NT T'riIS AGRLLL'1LNT, made and .entered into this 10th day of April , 1973, by and between the SAN A AEL CITY SCHOOL DISTijICT, of Marin County, hereinafter referred to as "District", and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "City", :•JITNESSETH: WHEREAS, Chapter 5, Division 7, Title 1 of the California Government Code provides for joint powers aoree- mints between public bodies; WHEREAS, it is in the mutual interests of the parties hereto to make certain improvements for com- munity recreation and park purposes and for the use by District at the Glenwood School; and KHEREAS, the Glenwood Parent-Teacher Association has offered to pay x;3000 of the cost of such improve:,elnts; NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties hereto do hereby agree as follows: 1. After deductinG the $3000 to be paid by the Glenwood Parent-Teacher Association, District and City shall each expend a s= equal to 50;; of the cost of the achool Site I:7,oro ve.-ents . 'i.''ic su:7s exp;.'nd-d by thy? Di stric.. ands t1he City for mlatcrials and equipment in connec- tion with the School Site Imp rove:rents shall not exceed x,0,500 each. The District and City shall severally determine whether -Vhe funds to be paid by it shall be allocated out of fiscal year _1972-73, or fiscal year 1973-74., `�, or both fiscal years. Ho,,-�ever, in order that the project may be planned and implemented in an orderly Fashion, District and City a-ree to use their ►:,est efforts to coordinate t-heii r respective ex- penditures so as to avoid undue expense to tho and/or delays to the complo- tion of the School Site Improvemants 2. In addition, City and District shall each be respo:;sible for providing approximately 5u;.1 of the labor requi ed to co::plete the School Site Imp-rovec;ients. 3. For the purposes of this A.-reeraent, "Sclh0o1 Site Tmorovre-ento" shall. rc4.n the irnprov:iments agreed to by th City Manager of the Citi, and the :;uperinta::d2n- of Sehoo-s of the Sistriet to be read. to :.he p ayin-, area of i:.nl7ro,:ii:ic`,',. ell three aeras behind t _, Glen""'00a School, the location of which is set forth in 3,chibit A attached hereto r �^ 1 LZe�e i:::_� o�e;:en,,s shall inc uca engineering services, dirt fill, renting of equipMent for grading, trenching, tilling and cultivating (the entire area is to be retilled and/or cultivated to a death of -t least o" upon addition of raauirad- soil_ amend- ments), soil a::erdr.encs (includin- soii traat- ment, fertilizers, material for seed bed and seeds) and the installation of an irrig.a.tior_ system necessary to provide a recreation area satisfactory for general use as a playing field for baseball, football, soccer, etc. 4. The Parks and Recreation Depart:: ent of City shall plan the improvements to be made and shall coordinate gith th.e District the ir.- .plementation. of such plan. District and City shall use their best efforts to ensure that the School Sita Ir:provements ,;ili be completed no later than September 30, 1973. 5., District shall be responsible for and s a.11 take responsibility for the daily care and maintenance of the School Site Irnnrovercents upon corroleti on of these i r. prove. en -'s . shall provide such reason-ble assistance as may from time to time be _requested "y either District or City to maintain the School Si -,e Improvements in a condition satisfactory for community recreation and park purpozes. 6. District hereby grants to the Parks and Recreation Department of City access to the School Site Improvements for the purpose of constructing these imn=,-ove:nents and conduct- ing programs in accordance with Article 7 herco.L . 7. A schedule shall be jointly prepared by the District and City wher•cin and whereby the School Site improvements sh-.11 be available to District and City; provided, ho,•iever, that District shall have tilt exclusive right to use the School Site I::nrovements at all times durin norr,:al school hours. 8. City hereby holds the District, its officers, agents, servants and er,.ployees, while acting as such, free and ha.r;.less from,, any liabi_iity from any obl.it -tions arising by virtue of law, because of injury to property or injury or death of persons rec iv.d or suffered by reason of any actions of the City under the provisions of this Agreement or any schedules or agreements prepared pursuant thereto. 9. District hereby holds the City, its officers, agents, servants- and employces, whi lc ; ,,g as such, free cnd harmless fro.,: any li.nb_lity from any obli,;ations a.risirg by virtue of la -a, because of injury to pro. erty or in, ury or death of nersons received or suffe1,`d by reason o17' any actions of the Dia zrict unnar the provislons of this z3rnent or any sc:1e-d- ules or a7ree:r1r pursuant prepared sunt ti7ei azo. 10. District and City, jointly and severally, hereby hold the Glenwood Parent-Teacher Association, its officers, members, agents, servants and enloyess, while aczir.` as such, free and h--r:nlp.ss fro. -r. any liability f ro: any obligations arising by virtue of la:., because of injury to property or injury or death of persons received or suf f ere.: by reason of any actions of the District or City under the provisions of this Agreement. or any schedules or agreements pr: -pared pursuant thereto. 11. This A[�ree:nent -.-.ay be amended or ter^ii::ated by the mutual consent of t:.e parties hers to and may be cancelled by zither party upon one (1) yea-r.'s notice. 12. In case of termination at the request of th..e District, District shall reimburse City for the Funds City has expended in connectio^ ;with making the School Sire improvement provided, norlever, that such sur. shall not exceed $0,500. Upon such payment being made by District to City, or in case of termina- tion at the request of C-ity, the District shall have the right to fully use tine School Site Improvements thereafter without further payment or,obligation to or from the Ci -.y. IN WITNESS ;.'H EREOF, the parties hereto have exe- cuted this Joint Powers Agreement the day and year first above written. SAN RAFAEL CITY SCHOCL DISTRICT By ATTEST_:_ 1 CITY OF SAN R4FAEL Y L G Mayor AT Z'S T :