HomeMy WebLinkAboutReso 19-2005 R&PDRESOLUTION NO. R&PD 19-2005
RECREATION AND PARK DISTRICT, CITY OF SOUTH SAN FRANCISCO, STATE OF
CALIFORNIA
A RESOLUTION APPROVING A THIRD AMENDMENT TO THE JOINT
POWERS AGREEMENT BETWEEN THE SAN MATEO COUNTY HARBOR
DISTRICT AND THE CITY OF SOUTH SAN FRANCISCO
WHEREAS, the City of South San Francisco and the San Mateo County Harbor District entered into a
Joint Powers Agreement on November 11, 1977, as amended on October 11, 1979, for development of City
owned property as a marina; and
WHEREAS, staff has negotiated and prepared a Third Amendment to the Joint Powers Agreement
between the San Mateo County Harbor District and the City of South San Francisco to incorporate new
language regarding possession and use of the property in the event the Harbor District fails to meet its loan
obligations to the State; and
WHEREAS, the Harbor District approved the Third Amendment to the Joint Powers Agreement on
February 2, 2005; and
WHEREAS, the City Council of the City of South San Francisco is considering the proposed
amendment at its February 23, 2005, regular meeting.
NOW, THEREFORE, BE IT RESOLVED by the Recreation and Park District Board, City of South
San Francisco that the Board hereby approves a Third Amendment to the Joint Powers Agreement between the
San Mateo County Harbor District and the City of South San Francisco.
BE IT FURTHER RESOLVED that the Chairman of the Board is hereby authorized to execute the
agreement on behalf of the Recreation and Park District.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City
Council of the City of South San Francisco at a regular meeting held on the 23rd day of February 2005 by the
following vote:
AYES:
Boardmembers Richard A. Garbarino, Pedro Gonzalez, and Karyl Matsumoto,
and Vice Chair Joseph A. Fernekes
NOES: None.
ABSTAIN: None.
ABSENT:
Chairman Raymond L. Green
ATTEST:
THIRD AMENDMENT AMENDING JOINT POWERS AGREEMENT
THIS THIRD AGREEMENT amending the Joint Powers Agreement by and between the
SAN MATEO COUNTY HARBOR DISTRICT (the "DISTRICT") AND THE CITY OF
SOUTH SAN FRANCISCO (the "CITY") is made and entered into as of this __ day of
,2005.
WITNESSETH:
WHEREAS, on October 24, 1977, the parties hereto entered into a Joint Powers
Agreement (the "Agreement") for the purpose of repairing and/or replacing the existing Marina
facilities at Oyster Point and expanding said facilities as described therein, and for the purposes
of permitting the DISTRICT to rehabilitate, manage, maintain and operate said existing Marina
and construct, manage, maintain and operate the future Marina Development at Oyster Point; and
WHEREAS, said Agreement was amended on October 11,1979 and November 27, 1985;
and
WHEREAS, the Agreement clearly states that the CITY retains fee ownership of the
Property, and that any loans undertaken by the DISTRICT are the sole responsibility of the
DISTRICT and that the DISTRICT shall hold CITY harmless for any costs to the CITY resulting
therefrom; and
WHEREAS, the DISTRICT seeks to consolidate its loans with the California
Department of Boating and Waterways (the "DBW") and the CITY seeks to ensure that its fee
ownership of the Property is not encumbered as security for such a loan;
NOW, THEREFORE, it is agreed:
I. Section 13 is amended.
13.
A T T~21~
RESPONSIBILITY FOR LOAN REPAYMENT HOLD HARMLESS
(a) Hold Harmless Clause.
Except as expressly provided herein, except as may be separately agreed to in writing by
the District and the City, the CITY shall not be responsible for any of the expenses related to the
OYSTER POINT MARINA/PARK and specifically CITY shall not be responsible for the
following: (1) costs of construction, including plans, specifications, and engineering; (2)
economic studies incurred hereafter; (3) repayment of the existing loans incurred by CITY for
construction of the existing marina at OYSTER POINT; (4) any loans incurred for future
developments at said site in accord with the Exhibits attached hereto; and (5) for any costs of
operation and maintenance except as expressly provided herein. In the event operating revenues
are not sufficient to service said loans or pay costs of operation and maintenance, the DISTRICT
shall assume responsibility for and make all payments due thereon and shall hold CITY harmless
from any liability for said loans or costs of maintenance and operation.
(b) Loan Security.
The DISTRICTshall not provide ownership, entry, possession, maintenance, or other
control of OYSTER PARK as security for any loan.
II. In all other respects, the Joint Powers Agreement and the First and second Amendments
thereto are hereby affirmed.
IN WITNESS WHEREOF, the parties hereto, first being duly authorized, have executed this
Third Agreement amending Joint Powers Agreement as of the date and year first above written.
SAN MATEO COUNTY HARBOR DISTRICT
CITY OF SOUTH SAN FRANCISCO
Mayor
SOUTH SAN FRANCISCO PARK RECREATION AND PARKWAY DISTRICT
Ex Officio Chairman
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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