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Home My WebLink AboutReso 1990-041 - Approving the agreement with Shasta county IP RESOLUTION NO. ?0-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND SHASTA COUNTY OFFICE OF EDUCATION FOR IMPROVEMENTS AT MAGNOLIA PARK. BE IT RESOLVED by the City Council of the City of Redding as follows: 1. The City Council of the City of Redding hereby approves the Agreement between the City of Redding and Shasta County Office of Education, providing for playground facilities at Magnolia Park for the poor and disadvantaged citizens of the City of Redding. 2. The Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents on behalf of the City of Redding and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid documents, when appropriate. 3. A true copy of the Agreement referred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 16th day of January , 1990, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, Johannessen, & Carter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None #5'11V SCOTT CARTER, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: AOOF Aleed4Ar •/ *ALL A. HAYS, City At rney 111, MAGNOLIA PARK IMPROVEMENTS C AGREEMENT THIS AGREEMENT, effective , is made and entered into by and between the CITY OF REDOING, hereinafter called "CITY," and the SHASTA COUNTY OFFICE OF EDUCATION, hereinafter called "SCOE." WITNESSET H: WHEREAS, SCOE is organized under the laws of the State of California and . qualifies for Federal Tax Exempt Status; and WHEREAS, SCOE owns and maintains Magnolia Park located at 1644 Magnolia Avenue, Redding, California; and . WHEREAS, the City of Redding has allocated $50,000 from City Park Development fees and the U.S. Department of Housing and Urban Development Community Development Block Grant Program for the refurbishment and expansion of facilities at Magnolia Neighborhood Park; and WHEREAS, is it the desire of CITY to assure continued use and maintenance of the improvements placed by CITY at Magnolia Park. NOW THEREFORE, it is mutually agreed by SCOE and CITY as follows: 1. PROGRAMS AND SERVICES. SCOE shall make all Magnolia Park facilities and improvements available to all CITY'S residents. 2. TERM/TERMINATION. The term of this agreement shall begin on March 1, 1990, and end on February 28, 2005. In the event SCOE violates the provisions of this Agreement for any reason other than the occurrence of circumstances over which it can exercise no effective control and such viola- tion shall not be cured or remedied within ninety (90) days after written notice thereof by CITY, in addition to any other remedies provided for herein, CITY shall have the right to terminate this Agreement by written notice duly served upon SCOE. 3. USE OF FUNDS. Use of CITY'S funds allocated hereunder to SCOE shall be subject to the following terms and conditions: A. The improvements placed at Magnolia Park by CITY shall continue to be available to all CITY's residents for the term of this contract. B. CITY shall provide $50,000 in improvements to Magnolia Park as set forth in Exhibit "A. " 4. REPAYMENT OF FUNDS. If, the facilities improved using CITY'S funds cease to be used for the purposes identified in this Agreement, the monetary value pursuant to the depreciation schedule attached hereto as Exhibit "B," shall be paid by SCOE to CITY. The value to be paid to CITY shall be the value identified in Exhibit "B," assigned to the year in which the effective date of change from approved use occurs. 411 • Market value or depreciated value, whichever is greater, shall be paid by SCOE to CITY as determined by fair market appraisal at the end of the term of this Agreement, if not previously terminated, unless facilities are continued to be used in the manner as defined in this Agreement in which case the term of this Agreement shall be renegotiated. 5. HOLD HARMLESS CLAUSE. In providing its services, SCOE will act as an independent contractor and no officer or employee of SCOE will be deemed a CITY officer or employee for any purpose. SCOE shall hold the CITY, its officers, boards and commissions, and members thereof, its employees and agents harmless of and free from any and all liabilities which might arise out of or are related to the acts or omissions of the SCOE in any way relating to the subject matter of this Agreement. CITY shall hold SCOE, its officers, boards and commissions, and members thereof, its employees or agents, harmless of and free from any and all liabilities which arise out of or are related to the acts or omissions of the CITY in any way relating to the subject matter of this Agreement. SCOE shall indemnify CITY, its officers, boards and commissions, and all members thereof, its employees and agents, from any judgment rendered against them or any sums paid out in settlement, or otherwise, arising out of any act or omission of SCOE in any way relating to the subject of this Agreement. CITY shall indemnify SCOE, its officers, boards and commissions, and all members thereof, its employees and agents, from any judgment rendered against them or any sums paid out in settlement, or otherwise arising out of any act or omission of CITY in any way relating to the subject of this Agreement. 7. LEGAL COMPLIANCES. SCOE shall at all times during the term of this Agreement comply with all legal requirements, including any applicable Federal, State or City regulations, and shall secure at SCOE's own cost and expense any and all permits, applications or other requirements in connection therewith. 8. CONDITIONS OF AGREEMENT. • A. No member of or Delegate to the Congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. B. No member, officer or employee of the City of Redding, or its designees or agents, no members of the governing body of the City of Redding, and no other public official of the City of Redding who exercises any func- tions or responsibilities with respect to the program during his tenure or for one year thereafter shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. C. The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applica- tions for additional assistance, or any other approval or concurrence of HUD 411 • required under this Agreement, Title I of the Housing and Community Develop- ment Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. D. SCOE shall not discriminate against any person on the grounds of race, color, national origin, age, sex or religion, or against an otherwise qualified handicapped individual. CITY OF REDDING ATTEST: By ETHEL A. NICHOLS, City Clerk SCOTT CARTER, Mayor FORM APPROVED: SHASTA COUNTY OFFICE OF EDUCATION By �� RANDALL A. HAYS, City Attorney MARJ R S. GATES, C A . • n •• •: • . ( . I Q ` I — ` J o • • T luo 0 . j 4J c) 111111111 o O W Q o CD m W O J J O J Ca Wto op I Q I Z4 L11./ ��I1.1 , IC I._______i ._.T_T, 1 ../ I kJ I,• L_ ________ i 1 ! _ 1 . ___I 1 1 . , „ IT 1 • 1 / 774/C v-7�� r i Ali III II. IC Exhibit "B" DEPRECIATION SCHEDULE Year Percentage Value 1990 100% 50,000 1991 93% 46,667 1992 87% 43,334 1993 80% 40,001 1994 73% 36,668 1995 67% 33,335 1996 60% 30,002 1997 53% 26,669 1998 47% 23,336 1999 40% 20,003 2000 33% 16,670 2001 27% 13,337 2002 20% 10,004 2003 13% 6,671 - 1:l 2004 7% 3,338 2005 0% 0