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Home My WebLink About1980-08-05; City Council; Resolution 62661 2 3 4 5 6 7 8 9 10 11 1% 12 14 15 1E 17 1E 1s 2c 21 22 2: 24 25 2E 27 2E 0 RESOLUTION NO. 6266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD SENIOR CITIZENS ASSOCIATION FOR USE OF CERTAIN CITY PROPERTY COMMONLY KNOWN AS THE MAGEE HOUSE. The City Council of the City of Carlsbad, California does iereby resolve as follows: 1. That the Agreement between the City of Carlsbad and the :arlsbad Senior Citizens Association, dated February 22, 1980, :or use of certain City property commonly known as the Magee louse, is amended by the amendment of Condition No. 14 to read 1s follows: "14. The utilities shall be paid for by the City." PASSED, APPROVED AND ADOPTED at a regular meeting of the :ity Council of the City of Carlsbad, California held on the 5th day of August , 1980, by the following vote, LO wit: AYES : Counci 1 Members Pac kard, Cas1 er, Anear and Kul chi n NOES: None ABSENT : Counci 1 Member Lewi s y &zi2izdL/ RONALD C. PACKARD, Mayor 4TTEST: ( SEAL) AN AGREEMENT BETWJ3EN THE CITY OF CARLSBAD, CALIFORNIA AND THE CARLSBAD SENIOR CITIZENS ASSOCIATION FOR USE OF CERTAIN CITY PROPERTY COMP4ONLY KNOW? AS THE MAGEE HOUSE. THIS PERMIT AGREEMENT is entered into by and between the City of Carlsbad, California, a municipal corporation (herein- after called "City") and Carlsbad Senior Citizens Association, Inc., a California corporation (hereinafter called "Association") and is made in reference to the following facts: A. The City owns a certain building located on City Park property known as the Magee Park. This certain building is now commonly known as the Magee House and is currently used for Historical Society Headquarters and City park and recreational purposes. B. The Association seeks to use the Magee House and certain ot.her portions of the Magee Park property in a manner that will increase the enjoyment of the public who use the property and enhance the City's park and recreational programs., C. The Association intends to use the property to provide social anl recreational service to all Carlsbad citizens and particularly to Carlsbad senior citizens. i). Use of the Magee House and other portions of Magee Park property by the Association will benefit the public health and welfare and will enhance the park and recreation programs of.the City for the benefit of the general public. THEmFORE, IT IS AGREED AS FOLLOWS: 1. The City agrees to permit the Association to use those portions of the Magee House designated on Exhibit A to this agree- ment, attached hereto and incorporated by reference, subject to the full and faithful performance of each and every obligation imposed upon the Association by this permit agreement. 2. Association agrees to use the Magee House to conduct social and recreational programs designed to promote the health, welfare and recreation of senior citizens and the general public and as a meeting place for senior citizens and the general public and for any other use prior approval must be obtained from the City hanager or his designated alternate. 3. The Association may use the Magee House at times other than the standard hours of operation with the prior consent of the City of Carlsbad, through the Director of Parks and Recreation. 4. The Association shall not allow any other organization or business to use those portions of the Magee House reserved for the use of the Association. The parties recognize that certain portions of the Magee House are used for the purposes of the Carlsbad Historical Society. 5. The City reserves the right to permit and schedule the use of the Magee House by organizations other than the Association. The City, through the City Manager or his designee, shall coordinate the use of the Magee House to avoid conflict with scheduled Association activities. -2- 6. The Magee House and all activities conducted by the Association at the Magee House shall be open to the general public at all times as the Magee House activities are open to the members of the Association. 7. Association may charge a fee to persons participating in Association activities conducted at the Magee House. The amount of such fees shall reasonably relate to the cost of the Association for conducting such activity and shall be approved in advance by the City Manager or his designee. 8. Association agrees to comply with all applicable laws and will not erect any sign or install any fixture without the prior written consent of the City. 9. Association shall not assign or otherwise transfer its rights and privileges arising from this permit agreement. 10. City shall make all required repairs to the Magee House. 11. Association shall care for and maintain those portions of the Magee House and contents and appurtenances thereto which the Association occupies at its own expense during the term of this permit agreement to the satisfaction of the City. 12. In the event that the Magee House is destroyed beyond reasonable repair, the City, at its option, may reconstruct the Magee House or terminate this permit agreement and the parties shall bear no further obligations thereafter. 13. Association shall make no alterations to the Magee House or the Magee Park property without the prior consent of the City. 14. The utilities, including water, shall be paid for by the City. -3- 15. In order to provide funds for the operation of the Associ- ation's programs, the Association may establish civic and other services at the Magee House provided that the operation of such services does not significantly interfere with the provision of social and recreational services and programs. Revenues from such services shall be reported monthly to the City Council. 16. This permit agreement shall take effect and the term shall commence upon the date of execution by City. continue for one year. The term shall 17. When the method of operation or quality and character of service rendered by the Association are not fully in compliance with the provisions,of this agreement, or are not adequately meeting the needs of the public for reasons properly within the control of the Association, or if the Association violates any of the terms of this permit agreement, then the City, by the City Council, may terminate this agreement immediately and the parties shall have no further obligation thereafter. 18. In order for use of the Magee House as described herein during the term, the Association shall pay to the City $1.00 due and payable on the date of execution of this permit agreement by the City. 19. Association agrees to hold City totally harmless for all costs, expenses, claims and liability arising out of Association's use of the Magee House, Magee Park or the old Library/City Hall building. To substantiate the Association's ability to comply with this provision, Association shall maintain a policy of lia- bility and property insurance with limits of $1,000,000.00 and naming the City as an additional insured and shall carry a policy of worker's compensation insurance covering any and all of the -4- Association's employees. insurance to cover any injury occurring to a volunteer providing service to the Association and arising out of the provision of that service. The insurance policies are subject to approval by the City. The Association shall also provide adequate 20. At the conclusion of the term or the earlier termination thereof, Association shall surrender possession of the property to the City in as good order and condition as existed at the time of the commencement of the permit agreement with the exception of ordinary wear and tear. 21. Association recognizes and understands that this permit agreement may create a possessory interest subject to property taxation and that the Association may be subject to the payment of property taxes levied on such interest. 22. This permit agreement shall be automatically extended for successive one year periods, provided that Association has fully complied with the terms and conditions of the permit agreement and unless sixty day notice of termination is given by either party. -5- 23. Association shall provide the Parks and Recreation Director with two sets of keys to all locks on the premises, except keys for any safe or safety box. parties as follows. CITY OF CARLSBAD, California, a municipal corporation ATTEST : R4/w! 3Y ~- ‘ ALETHA L. RAUTENKRANZ, RONALD C, PACKARD, Mayor t City Clerk V CARLSBAD SENIOR CITIZENS ASSOCIATION, IPJC., a California corporation APPROVEDY,O FORM: City Attorney \ 6. F-rb 5