Loading...
HomeMy WebLinkAbout1982-11-23; City Council; Resolution 70703 2 c * 4 I t r 1 E 5 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SHCOOL DISTRICT FOR USE OF CERTAIN DISTRICT & CITY FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and the Carlsbad Unified School District for joint use of certain District and City facilities, a copy of which is attached hereto marked Exhibit "A" and made a part hereof , is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carl sbad. adjourned PASSED, APPROVED AND ADOPTED at a/regular meeting of the City Council of the City of Carlsbad, California, held on the 23rd day of Nov., 1982, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None ATTEST: (SEAL) , JOINT USE AND COMMUNITY RECREATION AGREEMENT BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT AND CITY OF CARLSBAD d aY THIS AGREEMENT, made and entered into this of , 1982, by and between the City of Carlsbad, a municipal corporation, hereinafter called "City" and the Carlsbad Unified School District,. State of California, hereinafter 6 called "District". WITNESSETH WHEREAS, the governing bodies of the City and the District are mutually interested in an adequate program of community recreation under the auspices of the City Parks and Recreation Department; and in cooperation with the District; and WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7 of Division 1, Title 1 of the Education Code of the State of California (sections 10900 et. sec.) to organize, promote, and conduct a community recreation program and activities ' within or without their territorial limits; and WHEREAS, said governing bodies are authorized to enter into agreements with each other, t'o.promote the health and , general welfare of the community and contribute to the attainment of the general recreation objectives for children and adults within the community; and WHEREAS, the City has established a Parks and Recreation Department responsible for carrying out the purposes of community recreation; and WHEREAS, in the interest of providing the best service with' the least possible expenditure of public funds, cooperation between the City and the District is necessary; NOW, THEREFORE, the City and District agree as follows: 1. The District will make available to the City any school buildings, grounds, playgrounds, and multiuse athletic areas ("school facilities") for the purpose of conducting a diversified community recreational program. 2. The use of school facilities shall be in accordance with the regular procedures of the District in granting requests for use of school facilities as specified by Chapter 10 of Part 7 of Division 1, Title 1 of the Education Code for the State of California and the policies, rules and regulations of the Governing Board. 3. The'recreation program conducted by the City on school facilities shall be open on equal terms to all persons residing within the Loundaries of the District and City, but such partici- pation shall be subject to rules and regulations adopted by the City Council and the School Distr2ct. I 4. A schedule of dates f,or the use of the District facilities will be worked out in advance by the City in agreement with the District and that this schedule will be arranged as to avoid conflict between school and recreation use; that in the scheduling of said facilities, school events and programs shall have first priority and recreation programs, established by the Parks and Recreation Department, shall have second priority, and any other events by other groups or agencies shall have third priority. 5. In the event of any dispute or difference arising as a result of the recreation program being conducted on City facilities, on the sites jointly used, or as to the use of a District facility, then, in that event, said dispute or a difference shall be settled and arbitrated by appealing to the City Manager and Superintendent of the District, in accordance with established policies and procedures of the District and City. 6. The Parks and Recreation Department will provide or cause to be provided all expendable materials, i.e. bats, balls, etc., necessary for carrying on its recreation program for all ages that will be conducted on the facilities. 7. The City may install and maintain sprinkler systems, turf, playground/equipment, fencing and additional recreational equipment not in conflict with school use, on school property in areas selected by the City Manager, subject to the prior approval by the Superintendent of Schools. Any installations of equipment or constuction of facilfties, for community recreation purposes, shall be at the City’s costs and meet standards established in the California Education and Administrative Code. t -3- 8. All structures constructed on the site and all personal property placed or installed thereon by City and owned by City (the "Improvements"), shall remain the property of City. At the termination of the agreement? City may remove the improvement, unless District indicates its election within thirty days after such notice of termination, to acquire the Improvements, in which case title thereto shall vest in District without the necessity of formal documentation of transfer. ' In I the event that the City removes its improvements, any damage caused by such removal shall be immediately repaired by the City, and the premises restored to the condition in which they existed prior to the installation of such improvements, An2 ircprovements not removed by the City within 60 days shall become the property of the District. If District exercises its right to acquire the Improvements, District shall reimburse City for the Improvements in an amount equal to the fair market value of the Improvements. Fair market value, as used herein, means a price not to exceed the sum paid by the City for such Improvements, less an amount fcr use, wear and tear. The expense of such appraisal shall be borne equally by both parties. In ' the event the parties shall not agree upon said appraiser, the presiding judge of the Superior Court for the State of California, County of San Diego shall appoint the appraiser. -4- 9. It is further agreed that plans and specifications for the placement of all equipment, facilities and permanent improvements upon school property and the type, design and construction thereof, shall have the prior approval of the Superintendent r.f Schools prior to any installation thereof. 10. The District and the City agree to use and maintain the following specific school grounds and facilities: A. City has the option to schedule use of school grounds, excluding the Carlsbad High School, for community recreation, provided the City pays 50 percent of the cost of * renovation of turfed areas used by City. B. City will maintain portions of the following school properties: Magno 1 ia 4.6 acres Jefferson 2.7 acres Pine Ball Field 2.0 acres Pine Soccer Field 1.0 acres Total 10.3 acres C. District will maintain the following school properties: Valley Junior High 7.5 acres , Kelly 2.8 acres Total , 010.3 acres I D. District and City will share maintenance of 2.3 acres at Buena Vista, each being responsible for six months of any one year. I -5- E. City will schedule the after-school, weekend, holiday and summer use of all school grounds except the high school. F. The District will maintain and schedule the high school grounds and gymnasium. The City may utilize the gymnasium for an hourly fee of $30.00. The City will provide an on-site supervisor at all times. The locker room wil.1 not be available to the public. G. City will maintain and schedule the community use of the high school tennis courts subject to the school paying 50 percent of the cost for nets and reconditioning of the courts. 11. Except as expressly provided in this agreement the District shall be responsible for all costs relating to maintenance, repair and replacement of District owned and maintained facilities and grounds. 12. For the purposes of this agreement, all persons employed in the performance of services and functions for City shall be deemed City employees and no City employee shall be considered is an employee of the District or under jurisdiction of the District, nor shall such City employees have any District pension, civil service, or other status while an employee of the d City. The District shall not be responsible for the payment of any salary, wage or other compensation to any City personnel performing services hereunder far City. City shall not be liable L -6- 6' for compensation or indemnity to any District employee for injury or sickness or wages arising out of his/her employment with District. 13. The District agrees that during the time that the City has use of school facilities, City may charge such admissions and fees for.thc=. said use of facility. All monies so levied and collected by the City shall be and remain the property of City. However, no event for which an admission price is charged shall be held pursuant to this agreemen.t except amateur athletic contests, demonstrations oreexhibits, and other educational and non-commercial events. In the use of school facilities under this agreement, City agrees to comply with all of the requirements of the Education Code of the State of California setting forth the 'limitations, requirements and restrictions on the use of school facilities. 14. It is understood and agreed that all activities on school facilities sponsored by District shall be supervised and conducted by District, and that all activities sponsored by City, pursuant to this agreement, shall be supervised and conducted by City. Each party shall be responsible for said areas during their period of use, will bear the costs of all necessary c supervising or teaching pe,rsonnel during said period. 15. Insofar as it is legally authorized, the District I shall hold free and harmless the.Ciiy, members of the City Council, boards or commissions, its employees, officers and agents, while acting as such, from all claims, loss, damages, costs, -7-' 0 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 defec- tive or dangerous condition of any ground, site, building, equipment, play areas recreation facilities or other improvement located on the premises owned and maintained by District, or participation in any activity carried out or sponsored by the District, and further the District shall be responsible for any and all damages to property caused as a direct result of any school activity being conducted on said premises by the District. The District shall carry property damage and public liability insurance that cover the areas and activities set forth in this agreement, The City’s property damage and public liability insur- ance shall inclilde all areas and activities set forth in this aqreement under their self-insurance program. Each party shall furnish the other party with a copy of their policies. Insofar as it is legally authorized, the City shall hold free and harmless the District, members of the Board of Trustees, its employees, officers and agents, while acting as such, from all claims, l~ss,~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 City recreational program upon said premises, by reason of its development of the athletic fields on the property or its performance of its obligations under this agreement, 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. -8- I” a 0 The parties ereto acknowledge that there have been no representations made by either to the other not contained herein upon which either party is relying which has induced execution herein. This agreement embodies the entire bgreement and under- standing between the parties hereto relating to the subject matter hereof. 16. The term of this agreement shall be for a length of ten years renewable on a year to year basis thereafter by mutual agreement. In addition, the terms'of this agreement may be modified at any time by mutual consent and written agreement of the respective parties. 17. Nothing in this agreement shall be construed to prohibit the Board of Trustees from participating financially in a specific recreation program when mutually agreed upon by the Board of Trustees and the City Council. 18. This Community Recreation Agreement may be terminated by either party as of June 30 of any fiscal year for any reason upon at least 180 days' written notice to the other. ATTEST : CITY OF CARLSBAD, A municipal Corporation of the State of California 4/- BY ALETHA L. RAUTENKRANZ MARY H. , ASLER, Mayor City Clerk J CARLSBAD UNIFIED SCHOOL DISTRICT I BY Philip Grignon, Ed.D. District Superintendent BY Thomas L. Curtin, M.D., President Board of Trustees n -9- LOCKER Room S . .I . I’ I i I.3 ' . I * .. L i n I. .. b?- I d a FIRE DRILL DEPtOYPlEW -- I 1 * -1 -7 I 11 12 __I 1 i i I I 3 -+ c