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Home My WebLink AboutCity Council Resolution 09-029RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2008/09 TO PROVIDE FUNDING FOR BOCCE BALL COURT AT KEVIN MORAN PARK AND PETANQUE COURT AT AZULE PARK WHEREAS, the City Council desires to construct bocce ball and petanque courts at Kevin Moran Park and Azule Park, respectively; and WHEREAS, the City of Monte Sereno has authorized funds in the amount of $40,000 from the 2002 Park Bond Act to fund park improvements in Saratoga; and WHEREAS, financing in the amount of $40,000 is needed for said work; and WHEREAS, it is necessary to make adjustments to the Fiscal Year 2008/09 budget as follows: Account Description Account# Amount Kevin Moran Park Bocce Ball Improvements Azule Park Petanque Improvements NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby approves adjustments to the Fiscal Year 2008/09 budget. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on 20 day of May 2009 by the following vote: AYES: Councilmember Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page NOES: None ABSENT: None ABSTAIN: None Attest: Aim Sullivan, City Clerk RESOLUTION NO. 09 029 TBD $20,000 TBD $20,000 City of Saratoga MEMORANDUM OF AGREEMENT REGARDING PARK IMPROVEMENTS The City of Monte Sereno "Monte Sereno and the City of Saratoga "Saratoga each individually a "Party" and collectively the "Parties hereby enter into this Memorandum of Agreement "Agreement WHEREAS, the residents of Monte Sereno and Saratoga have expressed strong interest in providing increased recreation opportunities for bocce and petanque in their region; WHEREAS, the Kevin Moran and Azule Parks in Saratoga have the capacity to accommodate bocce and petanque courts and such courts are consistent with adopted park plans and policies and Saratoga has the capacity to operate and maintain such courts but lacks funds to design and build the courts; WHEREAS, Monte Sereno has received a $40,000 grant from the State of California that must be used for construction of recreation improvements to benefit the residents of Monte Sereno but lacks suitable publicly owned land to provide bocce and petanque courts; WHEREAS, Saratoga and Monte Sereno desire to pool their resources to provide recreation opportunities for their residents by using Monte Sereno's grant funds to construct bocce and petanque courts at the Kevin Moran and Azule Parks in Saratoga to be operated and maintained by the City of Saratoga. Agreement 1. The purpose of this Agreement is for Monte Sereno and Saratoga jointly to provide for the recreation of their residents by constructing, maintaining, and operating bocce and petanque courts in Kevin Moran Park and Azule Park "Courts 2. Monte Sereno shall fund the construction of the Courts using a $40,000 grant from the California Department of Parks and Recreation. If Monte Sereno does not receive this grant, this Agreement is null and void. Monte Sereno shall have no other financial obligation for the Courts. 3. Saratoga shall provide the park land for the construction of the Courts. 1 Saratoga Monte Sereno John Cherbone Director of Public Works City of SARATOGA 13777 Fruitvale Avenue Saratoga, CA 95070 Brian Loventhal City Manager City of Monte Sereno 18041 Saratoga -Los Gatos Road Monte Sereno, CA 95030 4. Saratoga shall provide the funding necessary for future maintenance and operation of the Courts and shall construct, maintain and operate the Courts. 5. The Courts shall be operated in accordance with the policies described in Exhibit A to this Agreement, attached and incorporated by reference. These policies may only be revised by amending this Agreement. 6. After the completion of the Courts any surplus grant funds shall be returned to Monte Sereno. 7 This Agreement shall take effect on the date last signed below and shall terminate ten years thereafter. 8. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 9. Notices are to be sent as follows: 10. In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain in full force and effect. 11. Neither Monte Sereno or Saratoga nor their respective City Council employees, officers, agents and assigns shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other Member in connection with carrying out this Agreement. Specifically, Saratoga shall defend, at its sole expense, and indemnify Monte Sereno for any damage or liability arising from the Courts. It is understood and agreed that pursuant to California Government Code Section 895.4, the each Member shall fully indemnify and hold the other harmless from any liability imposed for injury (as defined in Government 2 Code Section 810.8) by reason of anything done or omitted to be done by the indemnifying Member in connection with any work, authority or jurisdiction delegated to the indemnifying member under this Agreement. This hold harmless and indemnification provision shall apply to any activities, error or omission of each Party and /or the Party's officers, employees, agents, consultants or contractor or any person or entity acting or omitting to act for or on behalf of said Party or such person or entities as are specifically authorized and empowered by the Party to act for the Party. 12. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. 13. Waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as a waiver of any other term, condition or covenant or breach of any other term, condition or covenant. 14. This Agreement shall not prevent either Party from entering into similar agreements with others. 15. This Agreement may be amended only through the unanimous written agreement of the Parties. Continued Next Page 3 City of Saratoga City of Monte Sereno Dave Anderson, City Manager Date: ®2- f 1 5' Brian oventhal, City Manager Date: 9 N Attest: Attes Ann Sullivan, City Clerk Date: 7 ,Z,/:: 2 Andrea Chelemengos, City C trk q Date: a jiA L-; t r Approved as to Form: A oved as to Fo Richard Taylor, City Attorney Date: c- 1 0 0 Kirsten Powell, City Attorney Date: 1 5 1 4-- 0 c IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written below. 4 Exhibit A Kevin Moran Park and Azule Park Bocce and Petanque Courts Operation Policies The Bocce Court at Kevin Moran Park and Petanque Court at Azule Park shall be operated in accordance with the following policies. 1. The courts shall be open to public use during park hours. 2. The courts shall be available for reservation for private groups. 3. Reservations shall be issued on a first come, first served basis. 4. In the event of a. conflict, groups including residents of Monte Sereno and Saratoga shall have priority over groups not including residents of Monte Sereno or Saratoga. 5. Reservation fees for groups including Monte Sereno residents shall be the same as reservation fees for groups including Saratoga residents. These residential fees shall be lower than fees for all other users (non- residential fees). Subject to this limitation the fees shall be determined by Saratoga Recreation Department and may be revised from time to time. P \SARATOGA \K.Moran Park \Draft Ball Courts MOA (Clean Draft 05- 04- 09).doc 5