HomeMy WebLinkAbout103-2. Memorandum of Understanding..pdf 1
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.
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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:
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
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
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year written below.
City of Saratoga City of Monte Sereno
By: _________________________
Dave Anderson,
City Manager
Date: ________________________
By: _________________________
Brian Loventhal,
City Manager
Date: ________________________
Attest:
__________________________
Ann Sullivan, City Clerk
Date: ________________________
Attest:
__________________________
Andrea Chelemengos, City Clerk
Date: ________________________
Approved as to Form:
__________________________
Richard Taylor, City Attorney
Date: ________________________
Approved as to Form:
__________________________
Kirsten Powell, City Attorney
Date: ________________________
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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