HomeMy WebLinkAboutReso 085-88 DSRSD SwimCntrRESOLUTION NO. 85- 88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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.
1988.
PASSED, APPROVED AND ADOPTED this 21st day of June,
AYES:
Councilmembers 'Hegarty, Moffatt, Snyder,
Vonheeder, and Mayor Jeffery
NOES: None
ABSENT: None
City
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 AGKEEMENT 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 S~N RAMON.
NOW, THEREFORE, the SCHOOL DISTRICT, the SERVICES
DISTRICT and DUBLIN agrees as follows:
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AGREEMENT
i. 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.
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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:
APPROVED AS TO FORM:
County Counsel
AMADOR VALLEY JOINT UNION HIGH
SCHOOL DISTRICT OF ALAMEDA COUNTY
AND CONTRA COUNTY, STATE OF
CALIFORNIA
By
President
ATTEST:
City Clerk
Date:
DUBLIN SAN RAMON SERVICES DISTRICT
APPROVED AS TO FORM:
Attorney for District
By
President
ATTEST:
Date:
Secretary
City Attorney
CITY OF DUBLIN
By
Mayor
ATTEST:
City Clerk
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