HomeMy WebLinkAboutResolution No. 5419RESOLUTION NO. 5419
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of the
City of San Rafael a contract, lease or agreement with
DIXIE SCHOOL DISTRICT - JOINT POWERS AGREEMENT RE:
OAK VIEW ELEMENTARY SCHOOL PLAYFIELD
a copy of which is hereby attached and by this reference made a part hereof.
I, JEANNE M. LEONCINI, 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
TUESDAY the 21ST day of FEBRUARY 19 78 by the
following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
JEANNE M. LEONCINI, City Clerk
---�-- ----- ----------------------
REGINA A. BUCHANAiA - Deputy City, .Clerk
1/78 -CC
ORIkCINAL
V �
JOINT POWERS AGREEMENT
THIS AGREEMENT, made and entered into this
/.'4'
day of 1978, by and between DIXIE 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 the joint powers agreements between public
bodies, and
WHEREAS, it is in the mutual interests of the parties
hereto to have CITY take over the maintenance and control, for
community recreation and park purposes, of the Oak View School
playfield, hereinafter referred to as "FIELD".
NOW, THEREFORE, in consideration of the mutual promises
and covenants hereinafter contained, the parties do hereby agree
as follows:
CITY agrees to:
1. Expend a sum of $2,000 for renovation and
improvements to the existing FIELD.
2. Expend a sum of $5,000/year for yearly
maintenance cost.
3. Be responsible for and shall undertake re-
sponsibility for the utilities, daily care
and maintenance of said FIELD.
4. Be responsible for regulating and coordinating
usage of said FIELD.
5. To honor the existing lease between the DISTRICT
and Easter Seal Society and program around Easter
Seal field usage which is scheduled on Tuesdays,
6:00 PIIS -9:00 PAI; Thursdays, 3:00 PM -9:00 PM; and,
Saturdays, 9:00 AM -3:00 PM.
DISTRICT agrees to:
1. Reimburse CITY 50%, or a maximum of $1,000
for renovation and improvement costs to said
FIELD.
2. Reimburse CITY 50%, or a maximum of $2,500,
for yearly maintenance costs.
3. Grant to the CITY use and complete control,
supervision and maintenance of said FIELD.
4. Grant to the CITY rights to renegotiate, upon
its termination, existing lease of FIELD with
Easter Seal Society.
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.
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 sixty (60) days'
notice.
-2-
4. In case of cancellation within one (1) year
by the DISTRICT, DISTRICT shall reimburse
CITY for the fair market value of the improve-
ments.
IN WITNESS WHEREOF, the parties have executed this Joint
Powers Agreement the day and year first above written.
ATTEST:
ATTEST:
JnA&NE M. LEONCINI, CITY CLERK
APPROVED l4S TO FORM.
� / r
14ARRY A. ,,COMI%, CITY ATTORNEY
-3-
DIXIE SCHOOL DISTRICT
BY
CITY OF SAN RAFAEL
By
MAYOR