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HomeMy WebLinkAboutCC Resolution 4487RESOLUTION NO. 4487 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HERESY 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 the San Rafael School District (Davidson Middle School site improvements- LittleLeague) 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 21st day of May 19 73 , by the following vote, to - with: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. �. e_e MARION A. GRADY - City Cl k AGENDA ITEM N0. 17 JOINT POWERS AGREEMENT THIS AGREEMENT, made and entered into this day of ,. 1973, by and between the SAN RAFAEL 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 California Government Code provides for joint powers agreements between public bodies; and WHEREAS, it is in the mutual interests of the parties hereto to construct certain improvements on the Davidson Middle School site for community recreation purposes +r and for use by the District, said Davidson Middle School site shall hereinafter be referred to as "SCHOOL SITE"; NOW, THEREFORE, in consideration of the mutual promises and covenants herein- after contained, the parties hereby agree as follows: CITY agrees to: Expend a sum not to exceed $837.00 for improvements on the School site. These improvements shall include the installation of two baseball/softball backstops and wing fences on the Davidson playground. DISTRICT agrees to: Grant to the Parks and Recreation Department of said CITY access to and use of the described baseball/softball facilities, upon completion of said improvements as are set forth in Exhibit "A", attached hereto. 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. City further agrees to be responsible for all damages to District property caused as the proximate result of any construction undertaken or done pursuant to 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 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 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 one (1) year's notice. 4. In case of cancellation by the District, District shall reimburse City for the fair market value of the improvements. • 5. In case of cancellation of this Agreement by the City, or abandon- ment by the City of the facilities described herein, the District reserves the right, at District option, (a) to control and super- vise these facilities or (b) to have said facilities removed from the School site, with the City paying for removal. IN WITNESS WHEREOF, the parties have executed this Joint Powers Agreement the day and year first above written. ATTEST: ATTEST: MARION A. GRADY, City Clerk SAN RAFAEL SCHOOL DISTRICT By CITY OF SAN RAFAEL By -2- Mayor