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Resolution No. 674RESOLUTION NO. 674 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CERTAIN JOINT POWERS AGREEMENT BE IT RESOLVED, by the City Council of the City of Cypress, County of Orange, State of California, as follows: That it is hereby authorized and directed that the Mayor shall sign and the City Clerk shall attest that certain Joint Powers Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular meeting held on the 28th day of February, 1966. MAYOR OF THE CITY 0 CYPRESS ATTEST: CITYL/CLERK "CP HECIYOFCYPRSSS STATE OF CALIFORNIA) SS COUNTY OF ORANGE ) I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY, that the foregoing Resolution was adopted at a regular meeting of the said City Council held on the 28th day of February, 1966, by the following vote: AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None C T „lE'C Ys CLE CLE OF THE/ CITY OF CYPRESS EXHIBIT "A" JOINT POWERS AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE CYPRESS RECREATION AND PARK DISTRICT The CYPRESS RECREATION AND PARK DISTRICT, hereinafter referred to as "District" and the CITY OF CYPRESS, hereinafter referred to as "City", do hereby enter into the following agreement for the improvement, operation and maintenance of the property situated within the County of Orange, in the vicinity of Graham Street, south of Orange Avenue, in the City of Cypress, more specifically hereinafter described and, in some instances, referred to as "the Park". This agreement is dated March 8, 1966, for purposes of convenience and reference only. W ITNESSET H: WHEREAS, both City and District possess the power to provide recreation and park facilities and services, and WHEREAS, it would be to the mutual benefit of City and District to join in an effort to provide recreational and park facilities and services, and WHEREAS, City and District are authorized to contract with each other for the joint exercise of such common powers under the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code, consisting of Section 6500 through and inclusive of Section 6514 thereof; NOW, THEREFORE, the partiestereto, for and in consideration of the mutual covenants hereinafter stated and for other good, valuable and adequate consideration, do agree as follows: 1. District shall administer this agreement. 2. District shall, pursuant to the procedures and limitations set forth hereinblow, expend all reasonable efforts to cause the improvements described hereinafter to be completed on or before the 15th day of April, 1966, at the location herein referred to as the Park. Said improvements shall include, but not necessarily be limited to, the installation of a sprinkler irrigation system, three Jamison Baseball Backstops, six Baseball Dugout Facilities with Benches, six 15' x 20' x 2" A.C. Slabs to be used as bleacher pads, and the planting of grass and other landscaping for a Sports Center including three baseball diamonds. The total cost of said improvements, including all labor and materials, is estimated to be $21,000. 3. City shall, pursuant to the procedures set forth herein, pay to District the cost of the improvements and facilities described in paragraph 2 hereof up to a maximum of $21,000. 4. The aforesaid improvements shall be constructed or installed in the following order of priority: (a) sprinkler irrigation system (b) three Jamison Baseball Backstops (c) six baseball dugout facilities with benches (d) six 15' x 20' x 2" A.C. Slabs to be used as bleacher pads (e) planting of grass and other landscaping. District shall cause said improvements to be constructed to the extent that funds for said construction are made available by the City as hereinafter provided. District shall have no obligation to expend its own funds to complete said contract, and it is hereby expressly agreed that should City fail to provide sufficient funds to complete all said improvements, then District's obligation shall be limited to completing those projects for which funds have been provided by the City, such completion to be accomplished in the order of progress indicated above. RESOLUTION NO. 674 5. District shall not award the contract of work for the construction or installation of any of the aforesaid improvements until each of the following has occurred: (a) The City Manager of the City and the General Manager of the District, or his authorized representative, had approved and award of said contract; and (b) The City has deposited with the Treasurer of the County of Orange, funds equal to the amount of said awarded contract. Neither City nor District shall unreasonably withhold their approval of any award of contract. Upon approval of said awarded contract, City shall immediately deposit the amount of said awarded contract with the County Treasurer. In the event that the award proposed by the District on any contract of work is in excess of the following figures, then the City Manager may approve such an award in his discretion, but the City through its City Manager retains the right to disapprove said award and todelete said improvement from the terms of this Agreement should District, after reasonable efforts, fail to obtain a bid within said limits: (a) sprinkler irrigation system $12,700.00 (b) three Jamison Baseball Backstops (c) six baseball dugout facilities with benches (d) six 15' x 20' x 2" A.C. Slabs to be used as bleacher pads 1,800.00 1,860.00 360.00 (e) planting of grass and other landscaping 3,325.00 6. Upon completion of the construction and installation of the foregoing improvements and facilities, District shall assign and transfer to said City, all its right, title and interest in that certain Lease Agreement, dated December 13, 1965, between the Cypress School District of Orange County, California, as Lessor, and District as Lessee, pertaining to the property described therein. City shall thereafter make all payments, if any, required under said Lease. 7. The land area of the Park shall include, but not necessarily be limited to, that land described in the aforesaid Lease, along with a rectangle of contiguous land immediately to the south of said leased property, said contiguous rectangle having a northern boundary coextensive with the southern boundary of the leased land, and said rectangle extending approximately 30' to the south of said boundary. All such improvements and facilities shall be the property of City under any and all circumstances. 8. City shall have the right to remove any and all such facilities at the terminatinn or expiration of this Agreement as hereinafter provided, so long as said removal is accomplished in accord with the provisions of Section 5 of the aforesaid Lease Agreement, and City shall have the duty to remove any and all such facilities and improvements as required by said Lease Agreement. 9. At all times hereunder District shall provide for the maintenance of the Park as described herein, including the maintenance of all facilities and improvements constructed or installed and shall also provide reasonable recreation and park services at the site described herein. All personnel and equipment necessary therefor shall beprovided by District, however, the City may provide for such maintenance, including making personnel and equipment available to the extent that City and District shall agree in such regard from time to time. 10. All funds and payments required to be made or provided for hereunder shall be strictly accounted for by the party to this Agreement which is responsible therefor. The Treasurer of the County shall receive, have custody of and disburse all payments required under paragraphs 3 and 5 hereof. Oren uTtnu ran c7i. 11. District shall maintain in effect at all times during the term of this Agreement, insurance providing for property damage in the amount of $150,000.00 for any one accident and bodily injury in amounts of not less than $500,000.00 per person and $1,000,000.00 per accident with City as an additional named insured on sad policy. The policy herein provided for shall specify that said insurance may not be cancelled without at least ten days' written notice having been given to City at the location and in the manner hereinafter specified. 12. This Agreement shall terminate and be of no further effect upon the occurrence of either of the following: (a) Termination of the Lease dated December 13, 1965, between the Cypress School District and Distrtt, herein referred to, or (b) Service of written notice of termination by either party hereto upon the other six months prior to the effective date specified in said notice of termination. 13. City agrees upon termination of this Agreement to reassign and transfer to District all its right, title and interest in that certain Lease Agreement described in paragraph 6 hereof. 14. Any notice required to be given or delivered hereunder may be delivered and shall be deemed to have been delivered by depositing the same in any United States Post Office, registered or certified postage prepaid and addressed as follows: Cypress Recreation and Park District Attention: Board of Supervisors of Orange County 515 North Sycamore Street Santa Ana, California "District" City of Cypress 9737 South Walker Cypress, California "City" or at such other address in Orange County, California, as may be designated by similar notice from time to time. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date set forth hereinbelow opposite their respective signatures. Date March 11, 1966 ATTEST: /s/ Darrell Essex City Clerk of the City of Cypress ATTEST: W.E. ST JOHN County Clerk and ex-offio Clerk of the Board of Super- visors of Orange County, California By /S/ Mabel L. Casteix Deputy CITY OF CYPRESS By /s/ Frank P. Noe Mayor CYPRESS RECREATION AND PARK DISTRICT By /s/ Alton E. Ellen Chairman of the Board of Super- visors acting as the governing body of Cypress Recreation and Park District Approved as to form this 10th day of March 1966. /s/ Alexander Bowie City Attorney, City of Cypress Approved as to form this 7th day of March , 1966. /s/ William J. McCourt County Counsel (Deputy)