HomeMy WebLinkAboutResolution 8554 N.C.S. 06/04/1979PL.K:mi 5-25-79
Resolution No..:.85;54
.......................... N. C. S;
RESOLUTIQN;A
-UTHOR11ZING MAYOR TO, SIGN AGREEMENT,- WITH
J.C.PENNEY AND THE ROTARY CLUB OFPETALUMA VALLEY
FOR AN EXERCISE TRAIL: ON PuBtic tANDS- IN THE CITY OF
PETALUMA
RQ.�B.HT DALT�
INTRODUCED BY COUNCILMAN .......................... ; ..... ........... ............... : ...
---------- 7--.— .............................................................. and
.................... ....... ...................... ...... W I - . . L . L .. LA . M .... Ai PERRY
SECONDED BY COUNCILMAN
... .. ............. .............................................. at a
REGULAR
............................................................................................................ ............ ................................ Meeting of the City Council of the
City of Petalunia, on the ............... 4th - - - - - - - - - - - ---•--.day of,................... JUNE ................................................ ............................
191L
BE IT 'RESOLVED, that, the 'Mayor is> he're.by authorized to
,s'iqn an :agreeinerit-'between',J..,.C.*'Penriey,,, the Rotary Club of
Petal.uma Valley, -and the City o'fPetaluma for the development
of an exercise trail onpubliclands inthe-City of Petaluma,
wh i ch agreement. is attached hereto Exhibit A.
under the power and authority upon 'this conferred hi Council by the * Charter of said City
thereby certify, that the foregoing Resolution -was duly and regularly introduced and
adopted bycthe Council of the City of Petaluma on the .... 4th
..............................................
June
day I of ........................ I ...................... - - - - - - - - - - - - - - - - - - 19 .... ........ by the following vote's:
Councilmen Bond,, Ca
AYES: yanagh, Daly, Harb.,ers;on, Perry, M,4,y'b,r Hilligoss
NOES:.: None
ABSENT: Cjou n a B
ATTEST:
-"'RyClerk Mayor
FORM CA 2 774 7
Re's. '8554 NCS
Mill M11-11. M -M11- . M
11
Agreement With
a Participating
JCPenney Store
City/State. Ae Cr' -UP. —_-.-
This Agreement dated this }� day of
among J.C. Penney Co., Inc.
Address Wi t,z=sgi'gra
Local Community
organization—Jaycees, etc- TIT
Address'' ds E n ea
..- o a �.. s8 a ..a saw •as:a�
,an (d;
Local parks department or
other'governmental office Cit° ,f=„
Address--
- �i�d is i;yaiAY.i.Lw7Jii east® y:'F�mr -v�aEm_� .;ct'a � •
JCPenney, with the cooperation of and, support from the local
community organizationand the, local parks and recreation
department, hopes to develop a physical conditioning, course of one to
A
Up miles (''The Exercise Trail'i) on public lands .focthe.use of the
general public in this community.,To this end, each of the parties to
A his Agreement shall have various'responsibilities with. respect to the
planning, construction and maintenance of the; Exercise Trail.
1. JCPenney shall provide the following`
a. A Common master plan'for,the development and construction
of :the Exercise Trail_ Such plan shall show the layout for the
trail and indicate the construction materials to be used.
b. Signs for Marking the trail and signs for each exercise station.
c.. In th'e sole discretion of"the local JCPenney store manager,
JCPenney may provide funds, for construction materials or the
construction materials.`'themsel�ves.
d'. A JCPenney coordinator to work with the local community
organization and parks department.
Rgs: Nd.
EXHIBIT A
c_a:
Aoftemei
,
I ,
e: Publicity materials to help gain public recognition of the
Exercise Trail.
f.. Assistance, in planning and publicizing the .grand opening
events..
'
'
I
I The.11ocal community organ i ationl, shall provide the following:
a. Individuals to help plan and top onstruct'the Exercise, Trail in
.
accordance with the common Ian.
A coordinator to work with JCPenney "and local parks
department personnel`.
'
c.. Assistance i_n planning and executing the: grand • opening events
and other programs to encourage the continued` use of the
Exercise Trail
j_
3. The: local parks department shall provide the following:
a. A suitable site on which to'construct the Exercise Trail.
b., Review the common plan for the construction of the exercise
stations to assure its engineering isoundness for the local site
and local soil conditions.'
c. A representative to work with JCPenney and the community
organization.
`
y he course and supervision of all
d. Assistance in the layout of t
r
construction activity.
4. The partiesagreethat the'Exerci'se Trail shall be open to the
J n �•
I 1'
general " public at no charge.
5. Upon completion of the Exercise Trail and prior to its opening, a
representative. of the local parks department shall inspect and
>-
approve, all structures on the Exercise: Trail. ;The Exercise Trail
shall become the property of the municipality in, which it is located
upon approval by the local parks department. The local parks
department shall then be responsible for the maintenance and
upkeep of`the approved Exercise Trail., JCPenney shall maintain for
a period of three years after completion of the Exercise Trail a i
supply of replacement signs for the Exercise Trail at a central
location which may be purchased by the local parks department at
Penney's ,cost.
8
, I 1
it
6. ia. During the period of, construction and until acceptance by the
municipality of the Exercise Trail,, each party'to this Agreement
releases and holds harmless the lother parties hereto from and
ag y expenses, liability, damages,
arnst";an and all costs, loss, ,
settlements or claims including, reasonable attorney's fees arising
from any death or injury to persons or damage to or destruction of
propeety''resulting from We construction of the Exercise Trail or
from any iactual or alleged, act, omission or'negligence of the party.
b. After approval of and acceptance of the Exercise Trail by the
municipality, the municipall,ity,shall.'indemnif,y and hold harmless
JCPenney and the local community organization from and against
any and all costs, loss, expenses, liability, damages, settlements or
claims including reasonable attorney's fees arising from death or
injury to persons or. damage to or destruction of any property
resulting from any actual or alleged act, omission or negligence of
` any of, the parties.
p j of completed for any reason
what'soe er, this Ag
T. In .the o ect is 'n'
ceementshall be terminated with no further
liabilitylo any of they parties.
Name
Organi
Name
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