HomeMy WebLinkAboutCC Resolution 12365 (Bocce Federation)RESOLUTION NO. 12365
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE FIRST AMENDMENT TO THE AMENDED FACILITY
USE AND MANAGEMENT AGREEMENT BETWEEN THE CITY
OF SAN RAFAEL AND THE MARIN BOCCE FEDERATION FOR
THE ALBERT PARK BOCCE BALL COMPLEX
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
WHEREAS, the Marin Bocce Federation has constructed and maintained public
facilities and programs in Albert Park for Bocce games, toumainents and leagues under
agreements with the City of San Rafael since 1994; and
WHEREAS, the CITY and the FEDERATION entered into an Amended Agreement dated
April 4, 2005 by which CITY agreed, under certain terms and conditions, to continue to allow
FEDERATION to use, maintain and manage the Bocce Ball Complex in CITY's Albert Park;
and,
WHEREAS, the parties have determined that the Amended Agreement requires some
minor amendment 1) to transfer from CITY to FEDERATION the responsibility for electric, gas
and water utility charges, 2) to provide that the President of the FEDERATION and the
Community Services Director may make minor operational changes to the agreement without
fon-nal approval by the Council, and 3) to provide that the Bocce Complex area be developed
according to the conceptual plan approved by the Park and Recreation Commission on July 19,
2007;
WHEREAS, the City Council finds that the approval of this Agreement is categorically
exempt under the California Environmental Quality Act (CEQA) Guideline, Section 15301, or is
exempt under CEQA Guideline, Section 15061(b)(3), since there is no possibility that the
activities under the Agreement will have any significant adverse effect on the environment;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael approves and authorizes the MAYOR to execute, on behalf of the City of San Rafael, the
First Amendment to the Amended Facility Use and Management Agreement for the Albert Park
Bocce Ball Complex, a copy of which Amendment is hereby attached and by this reference made
a part hereof.
I, JEANNE M. LEONCINI, 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 15th day of October, 2007 by the following vote,
to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEA �t M. LEONCINI, City Clerk
FIRST AMENDMENT TO
AMENDED FACILITY USE AND MANAGEMENT AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL AND
THE MARIN BOCCE FEDERATION
FOR THE ALBERT PARK BOCCE BALL COMPLEX
This First Amendment to The Amended Facility Use and Management Agreement is made
and entered into this 15th day of October, 2007 by and between the CITY OF SAN RAFAEL
(hereinafter "CITY"), and the NIARIN BOCCE FEDERATION (hereinafter "FEDERATION").
RECITALS
WHEREAS, the CITY and the FEDERATION entered into an Amended
Agreement dated April 4, 2005 by which CITY agreed, under certain terms and conditions, to
allow FEDERATION to use and manage the Bocce Ball Complex constructed by the Federation
in CITY's Albert Park; and,
WHEREAS, the parties have determined that the Amended Agreement requires
some minor amendment 1) to transfer from CITY to FEDERATION the responsibility for
electric, gas and water utility charges, 2) to provide that the President of the FEDERATION and
the Community Services Director may make minor operational changes to the agreement without
formal approval by the Council, and 3) to provide that the Complex area be developed according
to the conceptual plan approved by the Park and Recreation Commission on July 19, 2007;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. Paragraph 2.2 of the Amended Agreement is amended to add the following sentence to the
end of the section:
"FEDERATION shall be responsible for the payment of all electric, natural gas (PG&E)
and water (MMVWD) utility charges generated by operation of the Complex."
2. Paragraph 2.11, "Phase I", of the Amended Agreement is amended as follows:
a. delete the last sentence of subsection "Phase 1", and
b. replace with the following sentence at the end of subsection "Phase I":
"Area shall be developed according to the conceptual plan approved by the
Park and Recreation Commission July 19, 2007.
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Section 17, "Whole Agreement", of the Amended Agreement is amended to add the
following sentence at the end of the section:
"However, upon their mutual agreement, the President of the FEDERATION and the
CITY's Community Services Director may make minor, non -substantive operational changes to the
Amended Agreement without formal approval by the Council. Said Amendments shall be in
writing."
4. Except as specifically stated above, all other covenants, terms and conditions of the
Amended Facility Use and Management Agreement shall remain unchanged and in full force and
effect for the term of the Amended Facility Use and Management Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
ALBERT J. BOR ayor
ATTEST:
JE��vh . 4.
LEONCM, City Clerk
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APPROV DS TO FORM:
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/ '� .�✓,ten ;�,.-G�%�
Gu��inan, Ass6stant City Attorney
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MARIN BOCCE FEDERATION
APPROVED AS TO CONTENT:
Carlene McCart, Community Services
Director