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HomeMy WebLinkAbout016-88 RESOLUTION NO. 16-88 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE APPROVING THE STATE PARKS AND RECREATION GRANT APPLICATION AND LEASE WITH THE SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT FOR BASEBALL FIELD IMPROVEMENTS AT LOS CERROS INTERMEDIATE SCHOOL WHEREAS, The State of California Parks and Recreation Department has approved the $50,000 request for field improvements at Los Cerros School; and WHEREAS, A 10 year lease agreement has been drawn up by the City Attorney to secure evidence of adequate use and tenure between the School District and Town; and WHEREAS, Council authorization and approvals are required before submitting the final grant application to the State. NOW, THEREFORE, BE IT RESOLVED BY the Town Council of the Town of Danville that: 1. The Town Council approves the $50,000 grant application to the State of California Parks and Recreation Department for field improvements at Los Cerros Intermediate School and, 2. The Town Council approves the 10 year lease agreement with the School District to secure evidence of adequate use and tenure. PASSED, APPROVED AND ADOPTED by the Town Council of the Town of Danville at a regular meeting duly held thereof, this 7th day of March, 1988 by the following vote: AYES: Greenberg, Lane, Ritchey, Schlendorf NOES: None ABSTAIN: None yor A EST: /3 . Originator: Parks and Leisure Services Department RESOLUTION NO. 49/87-88 DEVELOPMENT AND USE AGREEMENT LOS CERROS SCHOOL PLAYING FIELDS AND RECREATION AREAS WHEREAS, the Governing Board of the San Ramon Valley Unified School District (herein called the District) perceives the need for safe, attractive, active recreation areas to be critical; WHEREAS, the Town of Danville ("Town") (and its predecessor) and the District have jointly funded and administered recreation projects at Monte Vista and San Ramon High Schools, and at Green Valley, Vista Grande, John Baldwin, Greenbrook, and Montair Schools in Danville; WHEREAS, the Town and the District have in the past jointly scheduled recreation facilities and collected fees; WHEREAS, valley residents have benefited from new or renovated recreation facilities resulting from joint Town- District funding; WHEREAS, the Town and the District wish to further expand the recreation uses of District Properties, to distribute equitably the costs of improvements and maintenance, and to integrate those facilities into a single parks system. WHEREAS, the District owns property commonly known as Los Cerros School, Blemer Road, Danville, California, which has playing fields which can be made available for such recreational use. NOW, THEREFORE, BE IT RESOLVED that the District shall enter into an Agreement (Exhibit A) with the Town under the following terms: FIRST: Property. The real property to be developed and used is shown on the attached Appendix 1 and is commonly known as the Los Cerros School, Blemer Road, Danville, California. The facilities at the site which are the subject of the Agreement are the playing fields shown on Attachment A ("the property"). SECOND: Term. The Town shall be permitted to develop and utilize the property under the terms of the Agreement for 10 years beginning on the later of the twoparties' resolution dates of the Agreement. THIRD: Improvements. The Town shall be permitted to plan and develop recreation facilities at the property to meet educational program and community recreation needs under the terms contained herein. The development plan shall include renovation of a ball diamond, reconditioning of irrigation, drainage, and other support facilities as use and site con- straints indicate. The District shall review and approve in its discretion all plans before the commencement of development. The Town shall undertake all planning and development activities at its sole cost; however, the Town shall not be obligated to spend funds in addition to the net amount of the state grant available for this project, provided that the Town carries out planning and development in a manner consistent with a budget which provides for completion of the development within the net amount of the state grant available. FOURTH: Maintenance. The District shall maintain the improvements at its cost and with its own forces. FIFTH: Utilities. The District shall maintain all current utility service to the property at its sole cost for the term of this Agreement. SIXTH: District Contribution. The District shall make no financial contribution to the planning and development of the property as contemplated by the Agreement. The District shall retain and utilize, for the maintenance of the improvements, all user fees or contributions generated by the leased property. SEVENTH: Use of Facilities. The District shall have exclusive use of the property and its facilities on all instruc- tional days during normal school hours and for all school- sponsored activities. During those non-school hours when there are no school-sponsored activities scheduled for the facilities, the facilities shall be available for community recreational use. EIGHTH: Scheduling. The District shall be responsible for scheduling community recreational events. Neither party shall permit discrimination in any manner prohibited by law in the use or scheduling of this facility during the term of the Agreement. NINTH: Insurance. The District and Town shall maintain public liability insurance with minimum coverage of $1,000,000 during the term of the Agreement. The District shall name the Town as additional insured for all claims arising from the instructional programs use of the facility. The Town shall name the District as additional insured for all claims arising from community recreation use of the facility. TENTH: Indemnity. The District shall indemnify, defend, and hold harmless the Town and its officers, agents, and employ- ees from any and all claims, losses, costs of liability accruing or resulting to any person(s), firm, corporation or other public or private entity for damages of any kind, including but not limited to injury, harm, sickness or death to person(s) and/or property, or any combination of these from any cause whatsoever arising from or in any way connected with the performance and exercise of its powers under the Agreement. The Town shall indemnify, defend, and hold harmless the District and its officers, agents, employees from any and all claims, losses, costs of liability accruing or resulting to any person(s), firm, corporation or other public, or private entity for damages of any kind, including but not limited to injury, harm, sickness, or death to person(s) and/or .property, or any combination of these from any cause whatsoever arising from or in any way connected with the performance and exercise of its powers under the Agreement. This Resolution is adopted at a regular meeting this 16th day of February 1988, by the following vote: AYES: Bohn, duPont, Erickson, Locker, Stepper NAYES: None ABSTENTIONS: None ABSENT: None W A. Streshly J Secretary to the Board of ducation San Ramon Valley Unified School District 498788.res