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HomeMy WebLinkAboutResolutions 84-278 N.C.S. 10/29/19841~e~OlLttlOrl ~~. 8 4- 2 7 8 N. ~. S. of the City of Petaluma, California AUTHORIZING T;HE MAYOR O:R CITY MANAGER TO ENTER; INTO AND EXECUTE, A JOINT USE AGREEMENT WITH THE NORTHBAY ROWING CLUB BE IT RESOLVED the Mayor or City .Manager is hereby authorized to enter into and execute an agreement between the City of Petaluma and the Northbay Rowing Club to conduct rowing activities adjacent to the Public Boat Ramp at Shollenberger Park, for a period of not to exceed three years; and, BE IT FURTHER RESOLVED that said agreement may be terminated by either party upon thirty days written notice; and, BE IT FURTHER RESOLVED that said agreement is in a form approved by the City Attorney Under the power and authority conferred upon this Council by -the Charter .of said ~ I "hereby certify the foregoing Resolution was introduced and adopted by the Council_.of the City of Petaluma at a (Regular) (Adjourned) meeting on the _.. 2 9 t_h .... day of .... ..0 ctobe r ......:. .......:. . 19 $ 4-., by the following, vote: ~ ' ., . ~: ~. AYES: Perry/Battaglia/Tenser/Cavanagh/Balshaw/Mayor Mattei ~' ', NOES: None ABSENT: V . ,: . .... ... ... lf. .................. ......... .... .. .. ......... ........ ATTEST: -- ----- -. /~ .. •-- ..,r:- :................ Ci Clerk. ~ Mayor Council. File ................ .. ..... Form CA 2 7/81 Res. No........ g 4 - 2 ~.~ N ' C ' S ' LICENSE FOR THE USE OF S.CHOLLENBERGER RIVER PARK WHEREAS, a voluntary non-profit community organization has shown an . interest in providing a worthwhile. physical activity.;. and WHEREAS, the Schollenberger River .Park has available vacant land and has access to the .Petaluma River; and WHEREAS, this rowing activity has. a compatible use with the Boat Ramp and Parking Ar-ea; .and WHEREAS, the Petaluma Recreation,, Music .and Park Commission has approved the activity and advised. entering into an agreement; and WHEREAS, such use of the site 'has been proposed and has been generally accepted by fhe parties and the City Council, NOW,. THEREFORE, IT IS AGREED between the City of Petaluma, a municipal corporation.; hereinafter referred to as the ~ "City" , and the Northbay Rowing. Club, a non-profit public organization, hereinafter referred to as the ",Club", that the Club shall Have the non-exclusive use of certain property owned by the .City of Petaluma, hereinafter more particularly described under the following terms and conditions: 1. The property to bs used by the Club is a~ portion of land in Schollenberger River Aark .located ,south of the parking lot adjacent to the Public Boat Ramp and is more particularly described on "Exhibit A" , which is attached hereto and made a part of hereof . 2. City grants a revocable license to .Club to use the property for a period not to exceed three years from the date of signing of this agreement. This agreement may be terminated b;y either party upon 30 days written notice., 3. Any notice, demand, request, consent, approval or communication that any party desires or is required to give to the other party shall be in writing and .be served personally or' sent by' prepaid, first-class mail.. .Any such notice,: demand, -etc. , shall be addressed to the. other ;party at `the address set forth herein below. Either part>y maychange its address by: notifying the other party of the change of address. Notice shall. bey ~dee'iiied communicated w.tliin 48 hours from the time. of mailing if mailed as provided in this par-ag;raph. If to City: Director of Parks and Recreation, City of 1 Petaluma, 11 English Street, P.O. Box 61 94953. If to Club: $ Mark D. Dennis, 124 Howard Street, Petaluma, California,. 9495:2.: 4. The Club is granted.. permission. to ;install a carg o container on the approved. site' based on approval and guidelines from the Site Planning and Architectural Review Committee (SPARC) . 5. The Club: `is responsible for maintenance ~ of the landscaping surrounding the cargo container, which it .may install. 6. The Club is responsible for maintaining the container and its contents. 7. The Club ;shall make a reasonable effort to use the Boat Ramp and Float such that the general public is .assured access thereto. 8. The Club may use available utilities for cleaning boats, maintaining landscaping and the. container. 9. During the entire. term of this agreemen Club agrees to procure and maintain public liability insurance as its sole expense to protect against loss from liability incurred while operating -the--, Chub and imposed by law for damages on account of .bodily injury, 'including death therefrom, suffered. or alleged to be suffered by any ,persons whomsoever, :resulting directly or indirectly from. any act or activity of Club, t_s officers, agents, or employees, or any. person acting for the Club. or .under its direction or control, and also to protect against loss fromliability imposed by law for damages to any property of any person caused directly or indirectly by or from act or activities of Club, it's officers, agents or employees, or any person acting for Club, or under its control.. or direction. Such public liability and property damage. insurance shall ;.also proyi'de for and. protect the City against incurring any legal costs and defending claims for alleged loss. Such public liability and property damage 'insurance shall. be maintained in .full force and affect throughout the term. of this agreement and any extension thereof in the' following minimum limits: a.. Bodily injury: $5.00, 000 each person, $.1,.000'-, 000' each occurrence, in lieu :of ,the- above $1, 000_,;.000 combined, single unit. b.. Property- damage: $5`.0:0,,00.0. each occurrence, $500,000 ag.grega•te. . 10. .Club agrees that the provisions' of this paragraph as to maintenance of insurance. shall not. be construed as limiting in any way the eaten to which -the Club may be held ~ responsible for the payment of 2 damages to persons or .property resulting from Glub's activities, the activities of its officers:., agents, or employees or the activities of any person or persons- for which Club is otherwise responsible. 11. A certificate of insurance, or an appropriate binder of insurance coverage, evidencing the above insurance coverages, with a Company acceptable to the City'.s Risk Management. Officer, shall be submitted to the City by Club prior to execution of this agreement on behalf of the City. All such insurance shall be primary and -name the City, its officers, agents', employees and representatives as an additional .insured. 12. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said, insurance policy may not be cancelled or the terms materially changed therein, without 30 days prior written .notice to the City for any cause other than nonpayment of premium. In the event of nonpayment of premium,, notices shall be given 10 days prior to the effective date of cancellation. Contractor shall, prior to the cancellation date, or within 20 days of notice of material changes in the terms of the coverage., submit to the City's Risk rfianag,ement Officer new evidence of insurance in the amounts heretofore established. Should the Club fail to procure new insu-ranee as required- herein, the City may revoke Club's license. 13. Club agrees to accept all responsibility fore loss or damage to any person, entity, and to indemnify, hold harmless and defend .City, and its agents, officials and employees from and against any and all actions, claims, damages, disabilities or expenses, including. attorney""s fees, expert's fees, and witness costs that may be asserted by any person or entity, including Club, arising out of or in Cori-nection with the activities of Club, its agents, officers, or employees pr,.ovded for herein whether or not there is concurrent passive or active negligence on the part of City, its agents, officials -and employees. 14. The Club agrees to relocate the coiz:tainer and services in the event that. a Marina is developed and that site i`s not receptive. to including the rowing ..facilities. and activities. ' 15. The:Club agrees to remove the contai-ner at its own expense in the event the Club. ceases to exist. The. Club may offer the container to the- City free of charge for their City functions in the event the Club. no longer exists. 3 16. The Club agrees- to cooperate in every way possible with the City to coordinate services , or. events to the benefit of the people of the City of Petaluma. 17. If either party becomes involved in litigation arising out of this agreement or the performance thereof, the Court in such litigation, or in a separate suit, shall award reasonable costs and expenses, ~ including attorney's fees to the party justly entitled thereto. In awarding attorney's fees, the Court will not be bound by any Court fee schedule, but shall., if it is in the interest of justice to do so, award the. full amount of costs, expenses, and attorney's fees paid or incurred in ..good faith. 18. This agreement contains the entire understanding of the parties hereto relating to the. subject matter contained herein and supercedes all prior and collateral agreements, understandings and negotiations of the parties. Each party acknowledges that no representations, inducement, promises or agreements, oral or written „with reference. to the subject matter hereof have been made `other than than expressly set forth herein. This agreement may be modified, provided such modification is i-n writing and signed by both parties. DATED: ATTEST: CITY OF PETALUMA. BY: John- Scharer, City Manager City Clerk APPROVED NORTHBAY ROWING ~ CLUB Name and Title AGMT3 4