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HomeMy WebLinkAbout1983-07-05; City Council; Resolution 72661 2 3 4 5 6 7 8 9 1c 11 12 12 14 15 1E 17 1E 1s 2c 21 2: 2; 24 2: 2c 2'; 2l RESOLUTION NO. 7266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- MENT FOR USE OF THE COMMUNITY SWIMMING POOL AND THE CULTURAL ARTS CENTER BETWEEN THE CITY AND THE CARLSBAD UNIFIED SCHOOL DISTRICT. WHEREAS, the City-School Committee has negotiated an agree- ment which allows school use of the swimming pool and City use of the Cultural Arts Center without charge; and WHEREAS, the City Council of the City of Carlsbad desires to express its intention to participate; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad that the agreement attached hereto and incor- porated herein as though fully set forth is hereby approved and the Mayor of the City of Carlsbad is hereby authorized to execute this agreement. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, at a regular meeting held on the 5th day of July , 1983. AYES : Council Yhs Casler, Lewis, Kulchh, Chick and Prescott NOES : None ABSTAIN : None ABSENT: None ~d&de- MARY H.//CASLER, Mayor ATTEST : .- . ,. AGREEMENT FOR USE OF COMMUNITY SWIMMING POOL AND THE CULTURAL ARTS CENTER BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT- THIS AGREEMENT' is made this ' day of 1983, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and the CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA, hereinafter referred to as DISTRICT.. WITNESSETH: WHEREAS, District desires to provide an educational aquatic program for its students; and WHEREAS, City desires to provide the citizens of .Carlsbad with programs and activities in the Curltural Arts Center; and WHEREAS, City and District desire to cooperate with each other in order to provide'the entire community with educational and recreational aquatic and cul.tura1 arts programs; and WHEREAS, Chapter.lO, Part 7 of Division 1, Title 1, Gf the Education Code of the State of California authorizes and empowers school districts and municipalities to cooperate in the organization, promotion and conduct of programs for .community recreation; and WHEREAS, City and District desire to enter into a formal agreement defining the rights and responsibilities of both parties in connection with joint use of the community pool and the cultural arts center ,3 NOW, THEREFORE, BE IT RESOLVED the parties agree as follows: A. Administration General ,r \ The pool shall be administered, managed, operated and maintained by City. The cultural arts center will be administered, managed, oper'ated and maintained by District. Whenever the term ''pool" is used in this agreement, it shall include all related facilities including, but not limited to, parking lqts, restrooms, dressing a'reas, landscaping and locker facilities. Whenever the term 17c'ultural arts center" is used in this agreement;it shall include all related facilities including, but not ! from 1 p.m. until 2 p.m. on Monday through Friday, on those weeks Carlsbad High School is.in session limited to parking lots, auditorium and landscaped are.as. 8. Use of pool City shall have use of the pool for any and all purposes and at all times except as'otherwise expressly provided in this section. City shall provide for District free use o.f the pool by District's students from 8 a.m. until 11:15 a.m. and during the regular school year, from approximately mid - S ep t e hb e r t h r o ugh mid - J'un e. -2- .. -. Use of pool by District during other than the times provided in this section, may be obtained by submitting a facility use application for the pool which may'be aiproved by the City if the City determines the pool is available and the use is consistent with City programs. City shall charge the District $14.00 per hour for such use. District has priority use of the pool during the times . provided in this section. However, the City may have the option to schedule City aotivities during such hours that District is not utilizing the pool a Po0.1 maintenance will require the pool to be closed from time to time. The pool schedule shall include provisions for such closures. City shall make reasonable efforts to schedule maintenance activities during periods when pool is not being used by the District. City reserves the right to close the pool at any time as it determines nece_ssary for the proper operation, maintenance and repair of the pool or for reasons of health and safety. t When such closure is'necessary District shall be given notice. 4 3. Conditions of District use 1. District to Administer During the periods scheduled for District use, District shall be responsible for 1. \ administration, direction, and supervision of the swimming pool in the manner set forth in this agreement. Determination of hours and rules for use shall include employment of such pe.rsonne1 by the District as are necessary for the efficient operation of the District's program at the pool,. including, but not limited to, supervisory personnel-, teachers, lifeguards and other necessary aspects of program management. District shall be responsible for the maintenance of good order and conduct in the use of the pool and all % related facilities, buildings, landscaping and parking areas during such times. shall be used by District in keeping with the best accepted practices to assure proper standards of conduct I safety, cleanliness and The premises . health. District shall be responsible for enforcing City's adopted rules for the operation and use of the pool. . 2. Telephone Service District may maintain- telephone service to the Facility, such costs being paid directly -0 by District. -4- '6 3. Supplies District shall provide any towels, suits -and other necessary items needed for District's I. c programs. 4. Supervision District shall insure that adequate staff supervision is provided during periods of . District use. P 5. Equipment District may install and maintain at its expense, appurtenant equipment such as, instructional aids and competitive items that are peculiar to its needs and 'uses. If such equipment will involve any alterations to the pool or necessitate storage on the pool site, the installation of such equipment shall be subject to the approval of City.. D. Maintenance of Pool 1. City to Maintain Except as otherwise specified herein, City shall maintain and operate the pool and all related City owned facilities. 1.t shall be the duty of City to regularly inspect the pool to maintain the pool in a reasonably good, healthy and.safe condition, and to provide for disposal of all garbage, trash and rubbish. -5- 7 2. Aquatics Supervisor City may provide an on-site manager for the pool referred to herein as the'Aquatics Supervisbr. under the direction of the Director of Parks The Aquatics Supervisor shall be and Recreation and shall be cesponsible for the day-to-day ianagement of the pool. matters relating to District use of the pool shall be coordinated by the Aquatics All Supervisor. e District employees shall accept direction * from the Aquatics Supervisor in-matters relating to the management, maintenance or repair of the pool. E. Cultural Arts Center 7. City Use The City shall have free use of the Cultural .. e Arts Center Monday thru Friday. The City must secure use of the building by filling out a facility use application at least two weeks in advance. charge for use of Cultural Arts Center. On weekends and holidays District may . .. 2. District to Maintain .- ,e The maintenance, ope'ration, and clean up-of the Cultural Arts Center shall be the responsibility of the School District. District reserves the right to close the Cultural Arts Center at any time as it deter- mines for proper repair and maintenance of. the building. P 3. City Responsibility City will be responsible for the good order and conduct during use of the Cultural, Arts Center and all related facilities, landscaping, and parking areas.. City shall be responsible for enforcing District's adopted rules for the operation and use of the cultural arts center and shall provide adequate staff for supervision. .4. Cultural Arts Manager The Cultural Arts Manager shall be under the direction of the District Superintendent and shall be responsible for the.day to day management of the Cultural Arts C.enter. Matters relating to City use of the Cultrual Arts Center shall be coordinated by the Cultural Arts Manager, City employees shall accept: direction from Cultural Arts Manager -7- 9 in matters relating to management operation or repair of the Cultural Arts Center. F. Improvements No alterations; improvements or additions to t City or District property shall be made without prior written approval of owner. .Any and all alterations, improvements or additions shall be made and performed in a good workmanlike manner and in accordance with all statutes, ordinances and regulations applicable thereto. . G. Employees I Employees of the District and the City shall be experienced and competent ,' and shall be licensed when required by law. Such employees shall repPesent only the party employing them. H. Waste - Care of Premises City and District shall give prompt notice to the other, of any damage to the swimming pool facility or the Cultural Arts Center, Neither District nor City shall commit, or suffer to be committed, any waste or injury of any private or public nuisance on the premises. I?. Jndemnification Insofar as it is legally authorized, District shall hold harmless and free from liability the City, members of its City Council-, boards or commissions, -8- -. its officers, agents or employees while acting as such from a11 damages, costs, or expenses which may arise by reason of liability imposed by law because of injury to property or injury or death of persons, ,, c received or suffered by reason of use of the Pool by the District. Insofar as it is leg'ally authorized, City shall hold harmless and free from liability District, members of the governing boards, its officers, agents, servants, and employees, while acting as _such from all damages, costs or expenses 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 use of the Cultural Arts Center by the City. .J. Insurance - Liability The City maintains at its expense a self insurance program to protect against the City's liabilities and for damages due to bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or actixities of City or any person acting for City or ' under City's control or direction, and also to protect against loss from liability for damages to any property of any person caused directly or j.ndirectl$ by or from actsar activities of any -9- person acting for City or under City's control or direction. Such program shall be maintained in full force and effect during the entire term of this ,. c agreement. The District agrees to take out and. maintain at its . expense public liability insurance to protect against the District's liabilities and for damages due to bodily injury, including death resulting therefrom; suffered or alleged to be suffered by any person or persons whatsoever resulting directly or .- indirectly from any act or activities*of District or any person acting for District or under District's control or direction, and also to protect against loss from liability for damages to any property of any person caused directly or indirectly by or from acts or activities of any person acting for District or under District's control or direction. Such insurance shall be maintained in full force and effect during the entire term of this agreement. K. Insurance - Property City-and District shall keep and maintain in full force and effect during the term of this agreement, fire insurance, including extended coverage, .. -1 0- insuring the City poo, and D Center against loss by fire. L. Termination 1. c strict Cui-ural Arts This agreement may be terminated at any time by either party upon ninety days written notice to the other. If terminated prior to July 20, 1997, Section 20 of "Agreement for Construction and Use of a Community Swimming Pool Between the City of Carlsbad and the Carlsbad Unified School District" I dated 20 July 1977 shall apply. M. Review - Amendment City Manager and District Superintendent, or their appointed representatives, shall meet annually or more often for purposes of reviewing the implementation of this agreement. agreement, City and District may amend the By mutual agreement; said amendment to be. included thereafter in the text. This agreement may also be extended . at any time by mutual action of the parties. N. Replacement - Damages -If the pool or Cultural Arts Center is totally destFoyed, damaged, closed for some unforeseen ~ reason, or otherwise is in a state to such an extent that, in the opinion of the parties, the same cannot be ecbnomically repaired, this agreement shall cease and be terminated. -? 1- I \. . (i Except for normal wear and tear or damage caused without fault or by act of God, or by persons or instrumentalities not under the control or supervision of- the agency having the use of the facility at the time, any damage to physical facilities shall be the responsibility of the agency having the use of the facility at the time. damage occurs to the pool while bei*ng used by District, District shall reimburse City for the cost of repairs. Center while being used by the City, City shall If If damage occurs to the Cultural Arts reimburse District for the cost of repairs. The party doing the repairs shall give the other party written notice of the repairs to be done and an estimate of their cost before authorizing the work. Each party shall be responsible for the cost of repairing all other damage to their respective facilities including that caused without fault or by act of God. , District shall give prompt notice to City Manager of any.damage to the pool. -1 2- .* , City shall give prompt notice to District Superintendent of -any damage to the Cultural Arts Center. Previous pool agreement - Superceded Except as provided in Section L Termination, the prior agreement between District and City dated July 20, 1977 entitled Agreement for Construction and Use of a Community Swimming Pool is superseded by this ,* 0. c agreement and shall be of no further force or effect. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a municipal Corporation of the State of California ATTEST: CARLSBAD UNIFIED SCHOOL DISTRICT of San Diego County, California BY Superintendent - BY President Board of Trustees Approved by the Governing Board of Carlsbad Unified School District on County Counsel . -1 3-