Loading...
HomeMy WebLinkAboutReso 102-1985 RESOLUTION NO, 102-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF DEVELOPMENT AGREEMENT FOR SPRUCE GYMNASIUM BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. ~9~roval of A.~_m~_. The Agreement entitled "Development Agreement for Spruce Gymnasium" between the South San Francisco Unified School District and the City of South San Francisco, is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1." 2. ~-C~ i__o~_~_ A_~ n t. The Mayor is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at an_ adj. regular meeting held on the 4th day of June ___, 1985, by the following vote: AYES: _Councilmem_b_e_rs Mark N. Addie.qo, Emanuele N. Damonte, Ri_chard A. Haffey_, _Gjzs__Ni colopul os; and Ro_b_er__ta Cerri Teql i a _None NOES: ABSENT: EXHIBIT "1" TO RESOLUTION NO. 102-85 DEVELOPMENT AGREEMENT FOR SPRUCE GYMNASIUM THIS AGREEMENT, entered into this day of , 1985, is by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation (here- inafter the "City") and the SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT (herein- after "District"). WHEREAS, THE City and the District are mutually desirous of enhancing the quality of life in the community through the joint rehabilitation of an educational/ recreational facility; and WHEREAS, the District has extended to the City the use of the facility for after school day care and general community service/recreational activities after normal school days, (i.e., 8:00 a.m. - 4:00 p.m.); and WHEREAS, the City will seek aproximately $210,000 in funding for the rehab- ilitation of the facility; NOW, THEREFORE, IT IS AGREED by and between the parties as follows: 1. The City will use its best reasonable efforts to obtain $210,000 funding for rehabilitation of the Spruce Gymnasium facility. 2. The use of the facility: a. The District will utilize the facility during normal days of school oper- ation from 8:00 a[m~ to 4:00 p.m. b. The City may utilize the facility at all other times. c. Use times may be adjusted by mutual consent of both parties to meet mutual needs. d. The District reserves the right to utilize the facility during normal City operation times, upon proper notice and agreement for school related activities. To facilitate scheduling, the District will notify the City by September 15 of each year of the times and dates it wishes to use school facilities on times otherwise reserved for City use during that school year. 3~ Maintenance of the Spruce Gymnasium facility: a. The District will provide custodial maintenance and utility costs for the facility. If gas and electric costs exceed $250.00 per month, the City agrees to discuss with the District possible cost sharing of those items. b. The City will provide for set-up and clean-up needs directly associated with City programs. c. The District and City shall assume the cost for repair of damage due to vandalism during their respective hours of utilization. Nothing herein shall require the City to pay the costs for repair of damage due to vandalism occuring during the hours of 4:00 p.m. to 8:00 a.m. except to the extent that such damage occurs while the City is actually using the facility. d. The costs associated with major maintenance requirements that mutually benefit City and District activities (i.e., annual floor maintenance) will be equally shared by both parties. 4. ~onsibi]]~_ of the Parties. a. Non-Responsibility of District. It is understood and agreed that neither District nor any officer, agent or employee thereof, shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by any officer, agent, or employee of City in connection with performance of this Agreement. b. Non-Responsibility of City. It is understood and agreed that neither City nor any officer, agent or employee thereof, shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by District and its officers, agents and employees, in connection with performance of this Agreement. c. Concurrent Negligence. In the event of concurrent negligence of City, its officers and/or employees, and District, its officers and/or employees then the 2 liability for any and all claims for injuries or damages to persons and/or property which arise out of the performance of the terms and conditions of this Agreement, shall be apportioned under the California theory of comparative negligence as established presently, or as may be hereafter modified. 5. Notices. All notices herein required shall be in writing, and shall be delivered in person or sent by certified mail, return receipt requested, postage prepaid. Notices required to be given to City shall be addressed as follows: Director of Recreation and Community Services P.O. Box 711 South San Francisco, CA 94083 Notices required to be given to District shall be addressed as follows: Mr. Robert Dominge Director of Classified Personnel South San Francisco Unified School District 398 "B" Street South San Francisco, CA 94080 6. This Agreement shall remain in full force and effect for as long as City and District shall maintain and operate the capital improvements to be constructed or installed hereunder; provided, however, the parties hereto may change the terms of this Agreement by mutual consent or may terminate it effective as of the 30th day of June of any year hereafter. The party desiring to initiate termination of this Agreement, or the change of any of its terms, shall give at least ninety (90) days written notice to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers duly authorized: By CITY this day of , 1985, and by the DISTRICT this day of , 1985, Adopted this day of , 1985~ BOARD OF TRUSTEES ATTEST: CITY OF SOUTH SAN FRANCISCO --tq-a-y o r