HomeMy WebLinkAboutCC Resolution 7322 (Vallecito Playground Project)RESOLUTION NO. 7322
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING EXECUTION OF JPA WITH DIXIE SCHOOL DISTRICT
AND CONTRIBUTION OF AN ADDITIONAL $5,000.00 TO THE
VALLECITO PLAYGROUND PROJECT.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
WHEREAS, there is a need for improvement to park and
recreation services and facilities in Terra Linda planning area
of San Rafael; and
WHEREAS, the Dixie School District and the City are
mutually desirous of constructing certain improvements on the
Vallecito School site for community recreation and park purposes
and for the use by District; and
WHEREAS, the City Council adopted Resolution #7084 on
April 15, 1985 authorizing a $10,000.00 contribution to the
project; and
WHEREAS, the Vallecito Playground Committee has
raised $88,000.00 in grants and donations and needs $5,000.00
to complete the budget,
NOW THEREFORE, be it resolved that the City Council of
the City of San Rafael authorizes execution of a JPA with the
Dixie School District and an additional contribution of
$5,000.00 towards the Vallecito Playground Improvement Project.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and
regularly introducer? and adopted at a regular meeting of the
City Council of said City held on Monday, the 7th day of
April , 1086, by the following vote, to wit:
AYES: COUNCILMEMBERS : Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS : None
i
JECPAM. LEONCNI, City Clerk
�3z
JOINT POWERS AGREEMENT
THIS AGREEMENT, made and entered into this 7th
day of ... April........ 1986, by and between DIXIE ELEMENTARY
SCHOOL DISTRICT, Marin County, hereinafter referred to as
"DISTRICT", and the CITY OF SAN RAFAEL, a municipal
corporation, hereinafter referred to as "CITY".
WHEREAS, Title I, Division 7, Chapter 5 (Govern-
ment code) Section 6580 et seq. provides for the Joint Powers
Agreements between public bodies: and
WHEREAS, there is a need for improvement of
playground and recreation services and facilities in the
Terra Linda planning area of San Rafael; and
WHEREAS, the DISTRICT and CITY mutually desire
to provide playground and recreation service=_ for the
residents of the above mentioned planning area.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. CITY shall contribute Fifteen Thousand Dollars
($15,000) toward the cantruction and creation of a playground
facility (hereinafter PROJECT) in Vallecito School Campus as
soon as this Joint Powers Agreement is fully executed.
2. DISTRICT shall be responsible for all other
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project costs, including but not limited to =;ans, specifi-
cations, permits, construct ion, admiriistrat is-, and super-
vision. District agrees to expend from public and private
donated fund receipts an arnoUrit i r, the ne i gh =,zrhood of
approximately Ninety Thousand Dollars ($90,0'.)-) toward the
approved project.
3. DISTRICT shall maintain satisfa=tory financial
account s, documents, and records for the PRO ---::'CT and shall
make the records available to CITY upon requc-=t.
4. DISTRICT shall be responsible f:,r^ the
maintenance ---f said playground and its recrea. iori facilities.
C. DISTRICT agrees not to close sa-a playground
and its r^ecreat icon facilities to community dLa-ing non-
operating school hours, notwithstanding any p_ssible unfore-
seen emergencies which might cause facilities to be closed
because of health or- safety factors.
6. DISTRICT shall indemnify, hold -armless arid
defend CITY, its officers and employees from =11 claims,
1iabi1it;es, causes c.f action and judgments f_r injury or
damage to per^si-,res or, property arising out of :r, connected
with con=_t ruct i on arid use of said park arid re -^eat i on
facilities.
7. DISTRICT agrees to complete PPOJECT by
September 1, 1986. If the PROJECT is not ccmp 1 et ed at the
abovementioned time, DISTRICT agrees to retu-n within 30 days
all unused CITY contributed fund=_ with interest at the legal
rate within 30 days. DISTRICT may request an extension of
time from CITY by notifying CITY in writing 30 days before
September 1, 1986. If an extension of time zs granted, a
new completion date will be set under the sere terms herein
stipulated above.
REVERSION - If the Vallecito Schee! Site ceases to
be used as a public perk and recreational s:te within ten
years of the date of execution of this agreerent, DISTRICT
shall repay the CITY 10% of the CITY'S $15,0?0 contribution
for each year or portion thereof of the rema:ning 10 year
per zod.
IN WITNESS WHEREOF, the parties ha.e executed this
Joint Powers Agreement the day and year firs: written above.
Z'Z
DIXIE SCHOOL DISTRICT CITY_OF SAN RAFAEL
�`y'-- = - - = -- �`y'--------------------� --
Lawr,ence E. Mulryan, Mayor,
Dy: ---------------------
ATTEST:
APPRPYED AS TO 5JPRM
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Ruth Roser
Deputy District Attot-ney
ATTEST:
r 4-c 4n
J�#nne M. Leonc i ni
City Clerk
APPRrfD AS Tq FORM.
�.
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Ga y Ra g i an i
C' y Attorney