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HomeMy WebLinkAboutResolution No. 5161RESOLUTION NO. 5161 RESOLUTION AUTHORIZING SIGNING OF AGREEMENT WITH THE COUNTY OF MARIN FOR MAINTENANCE OF LANDSCAPING IMPROVE- MENTS, POINT SAN PEDRO ROAD THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael an agreement with the County of Marin for maintenance of landscaping improvements on Point San Pedro Road. A copy of said agreement is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a REGULAR meeting of the City Council of said City held on MONDAY, the 16TH Day of AUGUST, 1976, by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MARION A. GRADY, City Clerk/ URIGINAL G.C. AGENDA ITEM N0. 3 A G R E E M E N T THIS AGREEMENT, made and entered into this day of . 1976, by and between the COUNTY OF MARIN, a political subdivision of the State of California, hereinafter referred to as "County", and the CITY OF SAN RAFAEL, a municipal corporation of the State of California, hereinafter referred to as "City"; W I T N E S S E T H: WHEREAS, County and City did enter into a joint exercise of powers agreement on May II, 1971, pursuant to the provisions of Article I, Chapter 5, Division 7, Title I (Government Code Section 6500 et seq.) of the Government Code of the State of California; and WHEREAS, the purpose of that agreement was to provide for maintenance of landscaping and irrigation systems on a portion of Point San Pedro Road (formerly South San Pedro Road), which road is located partly within the corporate limits of City and partly within the unincor- porated area of County; and WHEREAS, additional landscaping has recently been installed between Lochinvar Road and Riviera Drive, it being to the mutual advantage of the parties hereto to maintain all landscaping and rr'�gation systems jointly in a comprehensive and systematic manner: NOW. THEREFORE. THE PARTIES DO HEREBY ACRE ;" FOLLOWS: I. This agreement shall supersede and rep'ace +"e agreement made May II, 1971 by and between County and City. 2. The landscaping and irrigations systems +o be maintained pur- suant to this agreemen+ are located within the rink+ -(_;-way of Point San Pedro Road, between 4110 feet easterly of Embarcade=-r, s4av and 200 feet easterly of Riviera Prive, and in the "Park Area' --:os�te Marin Or`ve. Said areas are shown on EXHIBIT A. consisting cf `Ive sheets, at+ache,' hereto and made a part of this agreement. C.C. AGENDA ITEM N0. 3 3. City shall be the entity to administer maintenance of said landscaping and irrigation systems, and shall possess all powers of County and City necessary to effectuate the purposes of this agreement. 4. City shall do the maintenance work either with its own forces or by contract. 5. Costs shall be shared by City and County in accordance with the prorata share of length of road within each jurisdiction. On the date of execution of this agreement, portions within the respective jurisdictions are: City - 50 percent, County - 50 percent. 6. Costs shall be limited to the following items. A. Time spent by City maintenance crews. B. Reasonable hourly rates for equipment used by City maintenance crews. C. Cost of outside maintenance contracts. D. Replacement in kind of dead or diseased trees and plants. E. Spraying for pests and diseases. F. Ordinary and necessary repairs to irrigation system. G. Necessary and incidental materials and supplies, such as (but not limited to) fertilizer, weed controller, mulch, pipe fittings, etc. H. Water for irrigation and power For irrigation controllers. 7. City agrees to furnish itemized bell +e -ointy for above services semi-annually, based on actual costs including labor. 4rirge benefits and administration fees. City shall maintain standar' cost acc-)untina records in accordance with accepted accounting principles. a;d records will be made available for Countv review upon request. 8. County shall reimburse City for cos`, '=. rred as herein specified within thirty (3C! days after receipt of bill troy+ :,'tv. 9. Both parties agree to take any and a'I action necessary to achieve and effectuate the purposes of this agreement. .C. AGENDA ITEM N0. 3 10. This agreement shall continue in full force and effect until all County areas are incorporated into City, or until such time as terminated by one or both parties. in the event one of the parties wishes to terminate this agreement they shall give ninety (90) days written notice to the other party. Notwithstanding any other provisions of this paragraph, should City at any time be unable to obtain water for irrigation due to restrictions Imposed by Marin Municipal Water District, City shall not be responsible for any loss of plant materials due to lack of irrigation. Lost plant materials shall be replaced in accordance with provisions of Paragraph 6D of this agreement. II. 1+ is expressly understood that nothing in this agreement provides for any construction or reconstruction of the facilities being maintained exceot to make replacements in kind as required. 12. Staffs of City and County shall review the cos+ ororation after each annexation to City has been finally approved and recorded. In the event such annexation changes the proration by at least +tve percent, the parties agree they will enter into an amended agreement to modify the proration accordingly. 13. This agreement may be modified at any time by mutual consent of the parties hereto. IN WITNESS WHEREOF, the parties hereto have entered into this agree- ment the day and year first above written. COUNTY OF MARIN by Chairman of the Board of Supervisors ATTEST: Clerk of +he C'ountv of Marin CITY OF SAN RAPAEL by Mayor ATTEST: Jerk of the City of San Rafael AP ,0 ED TO FO / / 5X -City Attor -3-