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HomeMy WebLinkAbout6.2 Joint Agmt Valley Comm Swim Center CC) ° CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 21, 1988 SUBJECT Assignment of Agreement between Dublin San Ramon Services District (DSRSD) , Amador Valley Joint Union High School District and City of Dublin regarding Valley Community Swim Center EXHIBITS ATTACHED 1 ) Resolution 2 ) Assignment Agreement 3) Original Agreement dated March 21 , 1972 identified as Exhibit A 4) Amended Agreement dated January 10 , 1978 identified as Exhibit B RECOMMENDATION • 1) Adopt Resolution approving assignment of agreement with Amador Joint Union High School District from DSRSD to City 2) Authorize Mayor to execute said agreement FINANCIAL STATEMENT: DESCRIPTION In March 1972, the Dublin San Ramon Services District and the Amador Joint Union High School District entered into an agreement to provide a swimming pool and bathhouse at Dublin High School to be used by the School District during regular school hours and by DSRSD at all other times . The original agreement provided that the School District would provide the site and DSRSD would construct the improvements . The School District was responsible for supervision, property damage , maintenance and operational costs , and liability during the time that the pool facilities were used by the School District . DSRSD was responsible for the above items when the pool was used by the community, as well as actually performing the maintenance and operation duties. DSRSD was also permitted to charge admission and fees for use of the facilities . The term of the agreement was for 30 years or until the year 2002 . If the agreement was not renewed and DSRSD did not notify the School District that it intended to remove the structures 90 days prior to the agreement expiration date , the facilities would become the property of the School District. Both Districts have the ability to terminate the agreement by mutual consent . On January 10 , 1978, both Districts amended the original agreement by giving DSRSD year-round responsibility to schedule pool facility use , and to limit the School District ' s ability to levy fees for use of the pool and facilities . Effective January 1 , 1988, the City and DSRSD entered into a Memorandum of Understanding in which the City assumed scheduling responsibility for aquatic recreational programs at the Valley Community Swim Center, and DSRSD would continue to be responsible for maintenance and operation of the facilities . On March 1 , 1988, the City entered into an greement with DSRSD and the School District to make the pool available to the High School Swim Team from March 1 , 1988 to June 30, 1988. The District would maintain and operate the pool and facilities during this period as a cost to the City. This cost is estimated at $27 ,000. COPIES TO: ITEM NO. 6 2 AGENDA STATEMENT: Assignment of Agreement between Dublin San Ramon Services District (DSRSD) and Amador Valley Joint Union High School District regarding Valley Community Swim Center Page 2 Pursuant to the Memorandum of Understanding entered into by the Cities of Dublin and San Ramon and the Dublin San Ramon Services District (DSRSD) , in July 1987 , DSRSD is to transfer title to all park, recreational and aquatic facilities to the City once the Counties agree to the property tax transfer from the District to the Cities . The Counties have agreed to the property tax transfer, and the transfer will become effective July 1 , 1988. Since the District ' s interest in the Valley Community Swim Center is held pursuant to an agreement with Amador Valley Joint Union High School , the City' s legal counsel has advised that all 3 entities must enter into an agreement assigning DSRSD' s interest in the pool over to the City. The City Attorney has prepared an agreement which would assign the DSRSD' s interest in the pool to the City on July 1 , 1988, and keep in force and effect the provisions of the 1972 agreement and subsequent amendment. It is Staff ' s recommendation that the City Council adopt the resolution approving the Assignment of the Pool Agreement , and authorize the Mayor to execute said agreement. d RESOLUTION NO. 85 - 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************** APPROVING AN ASSIGNMENT OF AGREEMENT BETWEEN DUBLIN SAN RAMON SERVICES DISTRICT, AMADOR VALLEY JOINT UNION HIGH SCHOOL DISTRICT AND CITY OF DUBLIN REGARDING VALLEY COMMUNITY SWIM CENTER WHEREAS, on July 15, 1987 , the Cities of Dublin, San Ramon and the Dublin San Ramon Services District entered into a Memorandum of Understanding which provided for the transfer of park and recreation and aquatic functions and responsibilities from the District to the Cities ; and WHEREAS, the Dublin San Ramon Services District presently operates and maintains the Valley Community Swim Center pursuant to an agreement with the Amador Valley Joint Union High School District; and WHEREAS, it is necessary for the City, the Dublin San Ramon Services District and the Amador Valley Joint Union High School District to enter into an agreement assigning the Dublin San Ramon Services District ' s interest in the pool to the City in order to accomplish the transfer of services provided for in the July 19, 1987 Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Assignment Agreement and authorizes the Mayor to execute said Agreement to become effective July 1, 1988. PASSED, APPROVED AND ADOPTED this 21st day of June, 1988. AYES: Councilmembers Hegarty , Moffatt , Snyder , Vonheeder, and Mayor Jeffery NOES: None ABSENT: None -� tj Vice "ay or et/U-4 0. ATTE City Clerk 4T7tt ' ASSIGNMENT OF AGREEMENT THIS ASSIGNMENT OF AGREEMENT entered into this day of , 1988, by and between the Amador Valley Joint Union High School District of Alameda County and Contra Costa County ( "SCHOOL DISTRICT" ) , Dublin San Ramon Services District ( "SERVICES DISTRICT" ) , and City of Dublin ( "DUBLIN" ) . RECITALS A. On March 21 , 1972, the SCHOOL DISTRICT and the SERVICES DISTRICT entered into an Agreement to jointly provide a swimming pool and bathhouse at the Dublin High School, to be used by the SCHOOL DISTRICT during the regular school hours and by the SERVICES DISTRICT at all other times ( "AGREEMENT" ) , attached hereto as Exhibit A and made a part hereof by reference; B. On January 10, 1978, said AGREEMENT was amended, amendment attached hereto as Exhibit B and made a part hereof by reference; and C. On July 15, 1987, the SERVICES DISTRICT, the City of Dublin ( "Dublin" ) and the City of San Ramon ("SAN RAMON" ) entered into a Memorandum of Understanding whereby the DISTRICT agreed to transfer the park and recreation responsibilities and facilities, within their respective boundaries, to DUBLIN and SAN RAMON. NOW, THEREFORE, the SCHOOL DISTRICT, the SERVICES DISTRICT and DUBLIN agrees as follows: 5/4/88 -1- AGREEMENT 1 . SERVICES DISTRICT hereby transfers to DUBLIN all of its rights, interest and responsibilities under the AGREEMENT as amended; 2. DUBLIN accepts all such rights, interest and responsibilities under the AGREEMENT, as amended, and agrees to be subject to its terms with the same effect as if DUBLIN were an original party to the AGREEMENT as amended; 3 . SCHOOL DISTRICT consents to the assignment of the AGREEMENT as amended by the SERVICES DISTRICT to DUBLIN and releases the SERVICES DISTRICT from all liabilities, responsibilities and duties arising thereunder; 4. DUBLIN agrees to hold SERVICES DISTRICT, its officers, agents, and employees harmless from any damages, personal injury or death, which may arise, directly or indirectly from DUBLIN' s operation of the facilities contemplated by the AGREEMENT as amended or arising out of this Assignment of Agreement; and 5 . This Agreement becomes effective July 1, 1988 or upon the completion of transfer of all park and recreation and aquatic functions and responsibilities by the SERVICES DISTRICT to DUBLIN, whichever occurs first. 6 . This Agreement shall remain in full force and effect when the School District ceases to exist and its assets, liabilities and functions are transferred to the Dublin Unified School District. 5/4/88 -2- IN WITNESS WHEREOF, the parties, by the respective President of the SCHOOL DISTRICT and SERVICES DISTRICT and the Mayor of DUBLIN, each being duly authorized, have executed this Agreement on the dates indicated. This Agreement is executed in triplicate originals. Date: AMADOR VALLEY JOINT UNION HIGH SCHOOL DISTRICT OF ALAMEDA COUNTY AND CONTRA COUNTY, STATE OF CALIFORNIA APPROVED AS TO FORM: By President County Counsel ATTEST: City Clerk Date: DUBLIN SAN RAMON SERVICES DISTRICT APPROVED AS TO FORM: By President Attorney for District ATTEST: Secretary Date: CITY OF DUBLIN By Mayor City Attorney ATTEST: City Clerk 5/4/88 -3- CC Meeting: June 21 , 1988 Item 6.2 Attachment 3 — Origin Agreement Dated 3-21-72 Attachment 4 — Amended Agreement dated 1-10-78 The above items are missing from the Staff Report.