HomeMy WebLinkAboutReso 088-94 DUSD-FootballFieldRESOLUTION NO. 88 - 94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Authorizing Second Amendment To Agreement With Dublin Unified School
District (DUSD) For Renovation Of Dublin High School (DHS)
Football Field
WHEREAS, the City of Dublin and DUSD entered into an agreement
providing for significant improvements at the DHS Football Field; and
WHEREAS, the agreement provided that the City would bear the cost
of maintenance for certain portions of the improved DHS Field; and
WHEREAS, the DUSD has offered to relieve the City from its
obligation to provide on-going field maintenance; and
WHEREAS, in exchange the DUSD has requested that the City incur
the full cost of providing adult crossing guards; and
WHEREAS, the City Council has considered this proposal at a public
meeting and concurs with the changes in responsibilities; and
WHEREAS, the agreement which provides for the DHS Football Field
Renovation needs to be revised to reflect the proposed modification of'
responsibilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Dublin does hereby adopt and authorize the Mayor to execute, the
Second Amendment To Agreement With Dublin Unified School District
(DUSD) For Renovation Of Dublin High School Field (Exhibit A),
attached hereto and by reference made a part hereof.
PASSED, APPROVED AND ADOPTED this 22nd day of August, 1994
AYES:
Snyder
Councilmembers Burton, Houston, Howard, Moffatt and Mayor
NOES: None
ABSENT: None
ATTES~/Ci~er~~
SECOND AMENDMENT TO AGREEMENT WITH DUBLIN UNIFIED
SCHOOL DISTRICT FOR RENOVATION OF
DUBLIN HIGH SCHOOL FOOTBALL FIELD
This Second Amendment, dated for identification as of Augusta,
1994, is entered into between the City of Dublin (City) and the Dublin
Unified School District (District).
RECITALS
Whereas, the City and District are parties to an agreement dated
September 25, 1989, relating to the renovation of the Dublin High
School Football Field, which has been amended bythe First Amendment
to A~reement with Dublin Unified School District for Renovation of
Dublin High School Football Field.
Whereas, the City and District desire to amend the Agreement.
Now, therefore, in consideration of the mutual covenants and
promises set forth herein, the receipt and adequacy of which is hereby
acknowledged, the City and District agree as follows:
1. Section 7 is deleted and a new sections7 is added to the
Agreement to read as follows:
"7) (a) District shall, at its sole cost and expense,
maintain the track, flagpole, scoreboard and related
electrical equipment, communications equipment, bleachers,
lights, restroom/snackbar, pressbox, turf, irrigation,
trees, shrubs and artificial and crushed rock surfaces
around the field event areas. The level~ of maintenance
shall be not less than that provided by City prior to the
amendment of this Agreement. District shall be responsible
for payment of all utilities including gas, electricity,
water and sewer.
(b) In the event that City believes that the level of
maintenance being provided by Dist'rict is inadequate, City
shall give District 30 days' written notice to bring the
level of maintenance up to the standard in effect prior to
the amendment of this Agreement. If District fails to
increase the level of maintenance to the ~required level,
City may, at its own cost, go on the property and provide
necessary maintenance. The provisions of this subparagraph
(b) shall be applicable only to maintenance of the areas
previously maintained by City including the turf,
irrigation, trees and shrubs.
Except as otherwise provided the Agreement shall remain in full
force and effect, as amended by the First Amendment.
EXHIBIT A
IN WITNESS WHEREOF, the parties have caused °~his Second Amendment
to the Agreement to be executed by their respecti~'e officers and duly
authorized by the City and District as of the day!and year first above
written.
Approved as to form:
City Attorney
ATTEST:
ATTEST:
CITY OF DUBLIN,
Mayo~~~~'
DUBLIN UNIFIED SCHOOL DISTRICT
Clerk of the Board
Presiden~, 'Board of Trustees