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Resolution No. 5021 1 2 3 4 5 6 7 8 RESOLUTION NO. 5021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO 'THE JOINT POWERS AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE CITY OF MAYWOOD PROVIDING FOR THE DEVELOPMENT AND USE OF MAYWOOD CITY PARK PROPERTY ON EAST 58TH STREET AND PIXLEY PARK PROPERTY ON 56TH STREET AS A PARK FOR THE BENEFIT OF THE RESIDENTS'OF THE CITY OF VERNON AND THE CITY OF MAYWOOD 9 WHEREAS, the City Council of the City of Vernon adopted 10 Resolution No. 4943 approving the application for 1976 State 11 Grant Moneys for a Maywood Park Project located at East 58th 12 Street; and 13 WHEREAS, the City Council of the City of Vernon adopted 14 Resolution No. 4944 approving and authorizing the execution of 15 a Joint Powers Agreement by and between the City of Vernon and 16 the City of Maywood providing for the' development and use of 17 Maywood City Park property on East 58th Street as a park for 18 the benefit of the residents of the City of Vernon and the City 19 of Maywood; and 20 WHEREAS, the the City of Maywood has proposed that the 21 State Grant Moneys be available for the development and use of 22 Pixley Park property on 56th Street in addition to the Maywood 23 City Park property on East 58th Street; and 24 WHEREAS, the City of Vernon is agreeable to amending 25 the Joint Powers Agreement to provide that the 1976 State Grant 26 Moneys be applied for both the Maywood City Park property located 27 on East 58th Street and the Pixley Park property located on 56th 28 Street. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 2 OF THE CITY OF VERNON AS FOLLOWS: 3 SECTION 1: That the City Council of the City of Vernon 4 does hereby approve the Amendment to the Joint Powers Agreement 5 by and between the City of Vernon and the City of Maywood, a 6 copy of which is attached hereto as Exhibit "A" and incorporated 7 herein by this reference as though fully set forth at length. 8 SECTION 2: That the City Council of the City of Vernon 9 hereby authorizes the Mayor to execute said Amendment to the 10 Joint Powers Agreement on behalf of the City of Vernon. 11 SECTION 3: That the City Clerk of the City of Vernon 12 shall certify to the passage of this Resolution and thereupon 13 and thereafter the same shall be in full force and effect. 14 APPROVED AND ADOPTED this 30th day of June, 1983. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 STATE OF CALIFORNIA ) ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORS'l', City Clerk of the City of 5 Vernon, do hereby certify that the foregoing Resolution, b~ing 6 Resolution No. 5021 ,.was duly adopted by the City Council 70f the City of Vernon, . and wa.s approved by. the MCl.yor of said 8 City at an adjourned meeting of the City Council held on TlJ.ursday, 9 , 1983. .Tllnp . '=\0 10 11 12 13 BRUCE V.MALKENHORST, cityC:l.e).:':k. 14 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- ....... AMENIMNr m lHE JOINT POWERS AGREEMENr THIS AMENIl1ENI'TO THE JOINT POWERS AGREEMENT, made this day , 1983, by and between the City of Ve:non and the City of Ma~c1. of WI T N E SSE T H: 1. The City of'Maywood owns certain properties ccmronly known as the Mayw.ood City' Park property on East .?8th St. and Pixley Park property on 5b''' S't::..- .in the incorporated area of Maywood (hereinafter address referred to as "PROPERrYIl); and 2. Said PROPERrY is the subject of a Grant Application sul:mi.tted by the City of Vernon for a Nejedly-Hart State, Urban and Coastal Park Bond Act ofl976 Grant in the arrDunt of TEN THOUSAND r:x::>LIARS ($10,0-00): and 3. . The City of Vernon and the City o~ Maywood wish to join in the development and use of saidPROPE;RrY as a park for the benefit of the City o~ Vernon and MayWOOd residents. IN CONSIDERATION of the mutual covenants and' . conditions entered into herein, the City. of Vernon. and the City of Maywood agree as follcMS: 1. The City. of Maywood shall administer. the Grant Application which has been submitted for a Nejedly-Hart State, urban. and Coastal park Bond Act of 1976 Grant, for the anount ofTEN .'l'HOUSAND OOLLARS ($10,000). 2. The City of Vernon shall cooperate and assist the City of. Maywood in. the administration of the Grant Application. 3 . The City of.. Maywocx.1 shall. pay any and all costs of master planning tbe park to be developed at said PROPERrY. 4. The City of Vernon shall pay to. the City of Maywood, upon demand, the sum of TEN THOUSAND OOLLARS ($10,000), which sum shall represent the City of Vernon's share of the development costs of the proPERI'Y. In the event the City of Vernon is not awarded said Nejedly-Hart Grant, this Agreercent shall tenninate and be of no further force and effect. 5. The City of MaYWood shall deve1p the property according. to the agreed upon master plan. 6. The City of Maywocx.1 shall perfoxm maintenance and custodial services for the park after itscanp1etion. The parx: shall be operated as part of the City of Maywood's park system. 7. The City of Maywocx.1 agrees that PROPERTY m.1St be retained for public park, recreation or open space in perpetuity, along with a level of operation and maintenance ac;1equate to insure the maximum utilization of the PROPERrY by the public for recreational purposes anel that the use of . the PROPERlY shall be granted to all residents of the City of Vernon on the :xune con.c;1itions that residents of the City of Maywood use the PROPERrY ,and that if the City ofMaywcxXl fails to canply with one or Irore of these stipulations, the. City. of. Vernon. has the right to operate and maintain the project in accordance with . the puxposes of . the grant. EXHIBIT A .. AMENDMENT TO THE JOINT POWERS AGREEMENT -2- 8. City of Ma~ recognizes that this proPERlY can only be used for the express purposes of recreation and that no other \l8e of this land shall occur without penrd.ssion of the State .t.egiS1ature. 9. The City of Maywood agrees to allow the use by the City of Vexn:m .for. twenty-five (25) years for the putpOSe of rreeting the land tenure ra:}U1rerrent Qf ... the :1,976 State Bond Act (PRe 5096.11). The City of Maywood shall not have the power to revoke. said use or this Agreenent during the 25-year pe;-icx1 from the date of execution. 10. The City. ofMaywood agrees' to hold harmless and defend the City of vernon, its officers, agents and employees against any and all claims, demarrls, damages, costs, expenses or lietbi1itie~ arising out of the acquisition, devel~t, c:onstructiDn, operation, and/Qr maintenance of Maywcxx1. Parks. Signed this day of , 1983. City of Maywood By City of Vernon By EXHIBll____fr - - L7L"11.S1.VJJ1'.IL~~Yly rjV' '1LLL'~ - . _ JOINT POWERS AGRE~'MEI~]T THIS. AMENDT7IQVT TO THE JOINT POWERS AGftEF~NT, made: this 19thda-y of July 19$3, by and between the City of Vernon anal the City of i~aywood. W I T N E S.S E T H: 1. The City of Maywood-awns certain, properties only known as the Maywood City `Park pro rty on East 58th St. '.and Pixley Park property on ~~~j' in .the incorporated area. of Maywood (hereinafter address referred to as "PROPERTX"); and, 2. Said PROPERTY is the subject of a Grant Application'suhmitted by the City of Vernon for a Nejedly-Hart State, Urban and Coastal Park Bond Act of 1976 Grant in the amount of TEN THOUSAND'DOLhP,RS ($10,000): and 3. The City of Vernon and the City,of Maywood wish to join in the development and use of said PROPERTY as a park for the benefit of the City of: Vernon.'and Maywood residents.. IN CONSIDERATION of the mutual covenants and conditions entered into herein, the City of Vernon anal the City of Maywood agree as follows::. 1. The City of Maywood shall-administer the Grant'Application which has been submitted fora Nejedly-Hart State, Urban and Coastal Park Bond Act of 1976 Grant, for the amount. of TE[~ THOUSAND DOT,T.ARS ($10,000). 2. The City of Vernon shall cooperate and assist the City of Maywood' in the administration of the Grant Application. 3. The City of Maywood shall pay any anal all costs of master planning the park to be developed at 'said PROPERTY. 4. The City of Vernon shall pay to the City of Maywood,- upon demand, the sum of TEN THOUSAND DOLLARS ($10.,000),,which sum shall represent .the.-City of Vernon's share of the development costs of the PROPERTY. In the event the City of Vernon is'' not awarded said Nejedly-Tart Grant,`this Agreement shall,terminate'and be of no further force and effect. 5. The City of Maywood shall'develp the property according to the .agreed upon master plan. 6. The City of Maywood shall, perform maintenance and. custodial services -.for the park after its`ccsnpletion. The park shall be operated as part of the City of Maywood':s parksystem. 7. The City of Maywood agrees. that PROPERTY must be retained for public park, recreation or open space a.n perpetuity, along with a level of operation and - maintenance`adequate to insure the maximum utilization of_the PROPERTY by the public for recreational'purposes and that the use of the PROPERTY shall be granted. to all residents of the City of Vernon on the same conditions that residents of the 'City of Maywood use the PROPERTX, and-:that if the City of Maywood fails to comply with one or more of these stipulations, the City of Vernon has the right to operate and maintain the- project in accordance with the purposes of the grant. AMENDMENT..TQ;THE JOINT POWERS AGREEMENT - 2,~ 8. City:of May~~od recognizes that this PROPEk~['Y can only be used for the express purposes of .recreation and that no other use of this land sha11 occur without permission of the State Laga~slature. 9. -The City of Maywood agrees to allow the use by the City of Vernon, for twenty-five (25).yearsfQr the purpose of meeting the. land tenure requirement o~ the 1976 .State Bond Act (PRC 5096.11). The City of Maywood shall not have the power to revoke said use. or-this ~lgreem~nt during the 25-year period from the date of execution. 10. The City of Maywr~od agrees` to hold harn~l.ess and defend the City of Vernon, its officers, agents and employees against any and all claims, demands,. damages, costs, expenses or `liabilities arising out of the acgusit~.on, d.evelgpmentr construction, operation;, and/or maintenance of Maywood Parks. Signed. this 19th day , of July ~ 1983 City o~ Maywood By ~ ` ~ Cty'of Vernon By , ~z r.~ APPROVED AS TO-FORM CITY fiTTORNEY i' CITY COUNCIL OFFICERS j., ~ ~ ONIS C. MALBURG, MAYOR BRUCE V. MALKF_NHORST, / t~ ~ ~ V'V~. "BILL"DAMS CITY ADMINISTRATOR/CITY CLERK V H."LARRY"GONZALES W. MICHAEL MCCORMICK - DAVID B. BREARLEY, CITY ATTORNEY THOMAS A. YBARRA ARTHUR E. NELSON, TELEPHONES DIRECTOR OF Cfi'MMUNITY SERVICES/HEALTH OFFICER CITY CLERK - - - - - - - 583-8811 LEWIS R. ADAMS, POLICE DEPT. - - - - - - 587-5171 DIRECTOR OF WATER & POWER FIRE DEPT. - - - - - - - - 583-4821 GEORGE F. BASS. BUILDING DEPT. - - - - - - 583-8811 _ FIRE CHIEF PUBLIC WORKS DEPT. - - - - 583-8811 - HEALTH DEPT. - - - - - - - 583-8811 AL ESPINOZA, POLICE CHIEF CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 June 29, 1983 IN REPLY REFER TO: City Council City of Vernon RE: Joint Powers Agreement with the City of Maywood Honorable Members: In September 1982 a Joint Powers Agreement with the. city of Maywood was approved by councilmanic action which covered the use of a $10,000 grant allocation under the 1976 Nejedly-Hart State Park Bond Act for the improvement of Maywood City Park. At this time It is recommended that an amendment to ~.he Joint Powers Agreement be approved which. would allow for the use of such funds for Pixley Park, on 56th Street in the .City of Maywood which would-also be available for use by the residents of Vernon. Thanking you in advance for your consideration in this matter. Very truly yours, ~ Bruce V. Malkenhorst City Administrator/City Clerk BVM/gj I j' ' June 15, 1983 V-lo T0: Bruce U. Malkenhorst, City Administrator FROM: Arthur E. Nelson, Director Community Services SUBJECT: JOINT P04~ERS AGREEMENT Ir1ITH CITY OF P~IAYI~00D On September 7, 1982, a Joint Powers Agreement with the City of Maywood was approved. The agreement covered the use of a $10,000 grant allocation under the .1976 Nejedly-Hart State Park Bond Act. for the improvement of 141aywood City Park. The City of Maywood is now requesting the signing of a replacement agreement that would also authorize the use of funds at Maywood's other park, Pixl,ey:Park. This park is located on the south side of 5bth Street, between Loma Vista and Everett Avenue. The park-has children's playground equipment and is also close to Vernon. It is recommended that the City of Vernon approve a replacement Joint Powers Agreement with the City of Maywood-covering the $10,000 grant allocation.,_under~the Nejedly-Hart State Park Bond Act, 1976. AEN:ps Enclosure: 2 copies proposed Joint Powers Agreement Letter dated June 14, 1983 - City of 1`4aywood to City of Vernon 1 ®®®I ;o 3 4319 EAST SLAUSON AVENUE • MAYWOOD, CALIFORNIA 90270 • PHONE: 587-7281 June 14,1983 City of Vernon 4305 S. Santa Fe Ave. Vernon,Ca. Mr. Art Nelson Dear Mr. Nelson, This is in regard to Park Bond Act money (1976). As you will recall,you had signed a joint powers agreement with the City of Maywood regarding this grant. Our .representative in Sacramento called me last week and said that it would be necessary to change some of the language in order to include Maywoods other park .(Pixley Park on 56th St.) So if you would please sign a copy and return it to me I will be greatly appreciative. Please retain the. other copy for your records. We will sign our part and send to the agency in Sacramento. Thank you for your prompt consideration. Sinc ly,, Vic Helntzma Asst. Comm. v Dir. July 12, 1983 Vrlo M-1 T0: Bruce 11, Malkenhorst, City Administrator ~SP° mac) FROM: Arthur E. Nelson, Director Community Services ~ , ~ 2 SUBJECT: AMENpMEPJT Tp JOTNT POWERS AGREEMENT WITH CITY OF MAYW000 Herewith are two copies of Aptendment to Jpint Powers Agreement that have. been executed by the City of Maywood. The amendment was authorized 6y the City Council of Vernon at i;ts meeting held June 30, 5983, Both copies should be executed 6y the City of Vernon.. Then one fully executed .copy should 6.e returned to the City of Maywood. AEN:ps Attachments