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HomeMy WebLinkAbout1981-11-03; City Council; Resolution 67181 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2% 22 24 25 26 27 28 RESOLUTION NO .si8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT FOR THE DEVELOPMENT, MAINTENANCE AND USE OF JEFFERSON/BUENA VISTA ELEMENTARY SCHOOLS FOR A COMMUNITY RECREATION PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. - _I - - - -_ The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreements between the City of Carlsbad and the Carlsbad Unified School District for the use and maintenance of JeffersodBuena Vista School sites for a community recreation program, a copy of which is attached hereto marked "Exhibit "AA" and made a part hereof, is hereby approved. 2. That the mayor of the City of Carlsbad is hereby author- ized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 3rd day of Novr&-e~ - - , 1981, by the following vote, to wit: AYES : Council Wers Packard, Wler, Anear, Lewis and Kulchin. NOES: None ABSENT: None AGREEMENT FOR MAINTENANCE AND USE OF JEFFERSON/BUENA VISTA SCHOOL SITES, BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT. THIS AGREEMENT is made and entered into this day of , 1981, by and between.the City of Carlsbad, a municipal corporation , hereinafter referred to as the "City" , and the Carlsbad Unified School District, San Diego County, State of California, hereinafter referred to as the "District". W I T N E S S E T H: - WHEREAS, in order to promote and provide for the health and general welfare of the people of Carlsbad, and to cultivate the development of good citizenship by an adequate program of community recreation, the parties hereto desire to enter into an agreement for a community recreation program at the Jefferson/Buena Vista School sites within the City; and WHEREAS, the City has heretofore created and established a Park and Recreation Department and has developed and established a park and recreatlion program for the City of Carlsbad; and . WHEREAS, the operation of community recreation programs on a school district site with school- district facilities, through the City Park and Recreation Department, when said site or facilities are not in use by the District, will promote the health and welfare of the community and will contribute to the attainment of the general recreation objectives for children and adults within the community; and WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7, Division 1, Title 1 of the Education Code of the State of California to organize, promote, and conduct a program of commu- nity'recreation and to operate a community recreation center within Exhi b it A" 3 and without their 0 itorial limits; and WHEREAS, it is also provided by said Chapter 10 of Part 7, Division 1, Title 1 of the Education Code that the foregoing entities may cooperate with each other to carry out these purposes, and to that end may enter%to agreements with each other and may do all things necessary or convenient to aid and cooperate in carrying out such purposes; and WHEREAS, the District owns the Jefferson/Buena Vista School site and desires that the City shall have the use of said site for commu- nity recreational purposes; NOW, THEREFORE, THE CITY AND THE DISTRICT agree as fdiiows: 1. The District shall provide at no cost to the City for out- door recreational activities the use of the athletic field areas at the Jefferson/Buena Vista School sites on an after school and holiday/ weekend basis. supervision can be provided. Restroom facilities shall be provided when adequate 2. The City of Carlsbad, through its Park and Recreation .. Department, agrees to conduct and operate on said site and on such facilities and equipment a supervised or unsupervised recreation program. The City agrees to supply all field scheduling and per- sonnel for the maintenance and operation of said program. 3. The City, and/or recognized recreation organizations, shall be responsible for the planning and operation of the recreation pro- gram. any event, thing, accident or occurrence that should occur during the operation of said program and which is within the scope of con- trol of said City or organization and their employees. Each shall be responsible for the acts of its employees, or 4. For the purpose of coordinating the activities herein contemplated, the City hereby appoints its Parks and Recreation Director, or his designee, as the representative of the City. The 3 Parks and Recreatioairector shall be the res I@ sible manager of the recreational program, and shall coordinate all aspects of this program with the District, its governing Board, and the Park and Recreation __ -_ -- - -- -. -Commission of the City. -- - _. 5. City shall be allowed to use the site for its recreational programs on weekends, holidays and-after normal school hours. However, the District shall have priority in the use of the sites or any part thereof, or any facility or equipment thereon for District purposes if it notifies the City-in writing at leas#t two weeks in advance of the intended use of the site. During normal school hours, District shall have exclusive use of site; __ -- - - -- 6. For all purposes of this agreement, all persons employed in the performaFce of services and functions for said City shall be deemed City employees and no City employee-shall be considered as an employee of the District-or-under the jurisdiction of the District, nor shall such City employees have any District pension, civil service, or other status while an employee of the City. . ... -- - District shall not be responsible €or the payment of any salary, wage, or other compensation to any City personnel performing-services hereunder for City. City shall not be liable for compensation or indemnity to any District -- employee for Snjury-or sickness or wages arising out of his employment with said District. - - 7. It is further covenanted and agreed, except as otherwise provided, neither party shall be responsible to the other party for the cost of this program. The City-covenants and agrees to bear all costs that it should incur in respect to the operation of any recre- ation program, including the cost of service of its employees and incidental costs in connection therewith. - District covenants and agrees that no rental charge of fee will be imposed on the City in respect to the use of these facilities. 2 5& ''* 8. The recreation program conducted by to all students residing in the District and the City shall be open to all residents of Carlsbad, but such participation shall be subject to any rules and regulations adopted by the Park and Recreation Department of the City and School District. 9. The City shall maintain the athletic fields by mowing, fertilizing and edging the grass; pruning and shaping of trees within the developed areas; maintaining the installed irrigation system, applying necessary chemicals during City forces normal working hours. 10. The District shall be responsible for all repairs necessary t'a-maintain the existing restroom and the District's playground equip- ment in a safe and usable manner. The City will be responsible for additional costs, due to the increased use of facilities. 1/ 11. No alterations, improvements or additions to the site shall be made by City without prior written approval of District. all alterations, improvements or additions shall be made and performed Any and by the City or its contractors in a good workmanlike manner and in accordance with all statutes, ordinances and regulations applicable thereto. All costs for approved additions shall be paid by the City unless otherwise agreed upon by both City and District. 12. The City shall provide and pay for all water and electrical utilities necessary to maintain and operate automatic irrigation system and all additional lighting required on the two improved athletic fields. 13. Ci.ty and District, at their respective expense., shall comply with and observe and secure compliance and observation with all the requirements of the Carlsbad Municipal Code and all municipal, County, State and Federal ordinances, codes, statutes and regulations-. no\ in force or which may hereafter be in force applica.de to the grounds and equipment. shall hold free and harmless the City, members of the City Council, boards or commissions, its employees, officers and agents, while acting as such, from all claims, loss, damages, costs, expenses or liability which may arise by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of any defective or dangerous condition of any ground, site, building, equipment, play areas, recreation facilities or other improvement located on the premises owned or maintained by District, or participation in any activity carried out or sponsored by the District under Paragraph 7 hereof. Insofar as it is legally authorized, City shall hold free and harmless District, members of the governing board, its employees, officers and agents, while acting as such, from all claims, loss, damages, costs, expenses or liability which may arise by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of operation of the community recreational program upon said premises, by reason of its development of the athletic fields on the property or its performance of its obligations 14. Insofar as it is legally authorized, District under Paragraph 9 of this agreement and, further, the City shall be responsible for any and all damages to property caused as a direct result of any recreational activity being conducted on said premises by the City. 15. Except as hereinafter provided, this agreement shall terminate on the 1st day of July, 2001 and will be automatically renewed on a year to year basis until such time as the City or District notifies the other party that a termination is desired as hereinafter provided. 5. 0 IN WITNESS WHEREOF, the parties have executed this agreement on the day and year written above. -" - - --- ---__ - CITY OF CARLSBAD, A Municipal _--_- Cocporation of the State of California -- - - -.._ -- - - _-_ . -. ATTEST : -. . CARLSBAD UNIFIED SCHOOL DISTRICT ........... .. ...................... ~ .. .. .___ .. ._ . .-._- ---. c.._ .---