HomeMy WebLinkAbout1989-03-07; City Council; Resolution 89-73I
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RESOLUTION NO. 89 - 71
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 DISTRIl FOR JOINT USE AND COMMUNITY RECREATION UTILIZING SCHOOL DISTRICT FACILITIES
WHEREAS, a Joint Use Agreement between the City of Carlsb
and the Carlsbad Unified School District is necessary
utilize School District facilities to provide for t
recreation needs of the community, and;
WHEREAS, the existing use agreement has been revised 1
reflect a change in the current maintenance responsibilitif
of School District facilities, and;
WHEREAS, the City Council and the Carlsbad Unified Schoc
District Board of Trustees are in accord with the terms of tl
agreement attached hereto and made a part here,
NOW THEREFORE BE IT RESOLVED, the City Council of the Cii
of Carlsbad the following:
1. That the above recitations are true and correct.
2. That certain agreements between the City of Carlsbad
and the Carlsbad Unified School District for Joint Use
and Community Recreation attached hereto and made a
part hereof is hereby approved.
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PASSED, APPROVE AND ADOPTED at a regular meeting of the Ci
of Carlsbad, California, held on this 7 th day of Mar
1989, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT : None
ATTEST : LllLLLQ-
Aletha Rautenkranz, Cita Clerk
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JOINT USE AND COMMUNITY RECREATION AGREEMENT
BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT
AND
CITY OF CARLSBAD
THIS AGREEMENT, made and entered into as of the day
, 1988, by and between CITY OF CARLSBAD, a munici
corporation, hereinafter referred to as ItCitylt and the Carls
Unified School District, State of California, hereinafter refer
to as llDistrict*l.
WITNESSETH
WHEREAS, the governing bodies of the City and District
mutually interested in an adequate program of community recreat
under the auspices of the City Parks and Recreation Department;
in cooperation with the District; and
WHEREAS, cities and school districts are authorized by Chal
10 of Part 7 of Division 1, Title 1 of the Education Code of
State of California (sections 10900 et. sec.) to organize, promc
and conduct a community recreation program and activities wil
or without their territorial limits; and
WHEREAS, said governing bodies are authorized to enter 1
agreements with each other, to promote the health and gent
welfare of the community and contribute to the attainment of
general recreation objectives for children and adults within
community; and
EXHIBIT 2
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WHEREAS, the City has established a Parks and Recreat
Department responsible for carrying out the purposes of commun
recreation; and
WHEREAS, in the interest of providing the best service w
the least possible expenditure of public funds, cooperation betw
the City and the District is necessary;
NOW, THEREFORE, the City and District agree as follows:
1. The District will make available to thecity and sch
buildings, grounds, playgrounds, and multiuse athletic ar
("school facilitiesv1) for the purpose of conducting a diversif
community recreational program.
2. The use of school facilities shall be in accordance w
the regular procedures of the District in granting requests for
of school facilities as specified by Chapter 10 of Part 7
Division 1, Title 1 of the Education Code for the State
California and the policies, rules and regulations of the Govern
Board .
3. The recreation program conducted by the City on sch
facilities shall be open on equal terms to all persons resid
within the boundaries of the District and City, but s
participation shall' be subject to rules and regulations adopted
the City Council and the School District.
4. A schedule of dates for the use of the Distr
facilities will be worked out in advance by the City in agreen
with the District and that this schedule will be arranged as
avoid conflict between school and recreation use; that in
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scheduling of said facilities, school events and progral
established by the Parks and Recreation Department, shall hl
second priority, and any other events by other groups or agenc.
shall have third priority.
5. In the event of any dispute or difference arising a!
result of the recreation program being conducted on C
facilities, on the sites jointly used, or as to the use of
District facility, then, in that event, said dispute or differe:
shall be settled and arbitrated by appealing to the City Manac
and Superintendent of the district, in accordance with establisl
policies and procedures of the District and City.
6. The Parks and Recreation Department will provide or cal
to be provided all expendable materials, i.e. bats, balls, etc
necessary for carrying on its recreation program for all ages tl
will be conducted on the facilities.
7. The City may install and maintain sprinkler systel
turf, playground/equipment, fencing and additional recreatiol
equipment not in conflict with school use, on school property
areas selected by the City Manager, subject to the prior appro'
by the Superintendent of Schools. Any installations of equipmc
or construction of facilities, for community recreation purposc
shall be at the City's costs and meet standards established in 1
California Education and Administrative Code.
8. All structures constructed on the site and all persoi
property placed or 'installed thereon by City and owned by City (.
tlImprovementsll), shall remain the property' of City. At '
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termination of the agreement, City may remove the improvemeni
unless District indicates its election within thirty days aft1
such notice of termination, to acquire the Improvement, in whic
case title thereto shall vest in District without the necessity (
formal documentation of transfer. in the event that the Ci
removes its improvements, any damaqe caused by such removal sha
be immediatelv repaired by - the City, and the premises restored
the condition in which they existed prior to the installation
such improvements. Any improvements not removed by the City with
60 days shall become the property of the District. If Distri
exercises its right to acquire the Improvements, District sha
reimburse City for the Improvements in an amount equal to the fa
market value of the Improvements. Fair market value, as us
herein, means a price not to exceed the sum paid by the City f
such Improvements, less an amount for use, wear and tear. T
expense of such appraisal' shall be borne equally by both partie
In the event the parties shall not agree upon said appraiser, t
presiding judge of the Superior Court for the State of Californi
County of San Diego shall appoint the appraiser.
9. It is further agreed that plans and specifications f
the placement of all equipment, facilities and permane
improvements upon school property and the type, design E
construction thereof, shall have the prior approval of t
Superintendent of Schools prior to any installation thereof.
10. The District and the City agree to use and maintain 1
following specific school grounds and facilities:
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a. City has the option to schedule use of schoo
grounds, excludina the Carlsbad Hiah School Varsitv Baseball an'
Football fields, for community recreation, provided the City pay
fifty (50) percent of the cost of renovation of turfed areas use'
by City.
b. City will maintain portions of the following schoo
properties.
Magnolia Field 4.06 acres
Jefferson 2.30 acres
Pine Ball Field 1.67 acres
Buena Vista Lower Field 2 . 02 acres
Pine soccer field .54 acres
C.H.S. tennis courts 1.2 6 acres
V.J.H.S. tennis/b.b. courts 1.00 acres
12.85 acres
c. District will maintain the following schoc
properties:
V.J.H.S. (upper & lower) 4.59 acres
Kelly Field 2.90 acres
Hope Field 2.80 acres
H.S. Softball Fields 3.30 acres
13.59 acres
d. City will schedule the after-school, weekenc
holiday and summer use of all school grounds except the high scho(
fields when available.
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e. The District will maintain and schedule the k
school grounds and gymnasium. The City may utilize the gymnas
for an hourly fee of $30.00. The City will provide an on-s
supervisor at all times. The locker room will not be available
the public.
F. City will maintain and schedule the community
of the high school tennis courts subject to the school paying
percent of the cost for wind screen, reconditionina of the COL
and the Citv will pay one hundred Dercent (100%) of court nets
11. Except as expressly provided in this agreement
District shall be responsible for all costs relating
maintenance, repair and replacement of District .owned
maintained facilities and grounds.
12 . For the purposes of this agreement, all persons emplc
in the performance of services and functions for City shall
deemed City employees and no City employee shall be considered
an employee of the District or under jurisdiction of the Distrj
nor shall such City. employees have any District pension, cj
service, or other status while an employee of the City.
The District shall not be responsible for the payment of
salary, wage or other compensation to any City personnel perforn
services hereunder. for City. City shall not be liable
compensation or indemnity to any District employee for injury
sickness or wages arising out of his/her employment with Distrj
13. The District agrees that during the time that the C
has use of school facilities, City may charge such admissions
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fees for the said use of facility. All monies so levied i
collected by the City shall be and remain the property of cii
However, no event for which an admission price is charged shall
held pursuant to this agreement except amateur athletic contesl
demonstrations or exhibits, and other educational and nc
commercial events. In the use of school facilities under tl
agreement, City agrees to comply with all of the requirements
the Education Code of the State of California setting forth I
limitations, requirements’ and restrictions on the use of schc
facilities.
14. It is understood and agreed that all activities on schc
facilities sponsored by District shall be supervised and conduct
by District, and that all activities sponsored by city, pursuz
to this agreement, shall be supervised and conducted by City. E?
party shall be responsible for said areas during their period
use, will bear the costs of all necessary supervising or teachi
personnel during said period.
15. Insofar as it is legally authorized, the District shz
hold free and harmless the City, members of the City Counci
boards or commissions, its employees, officers and agents, whi
acting as such, from all claims, loss, damages, costs, expenses
liability which may arise by reason of liability imposed by 1
because of injury to property or injury to or death of persor
. received or suffered by reason of any defective or dangerc
condition of any ground, site, building, equipment, play are
recreation facilities or other improvement located on the premis
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owned and maintained by District, or participation in any act:
carried out or sponsored by the District, and further the Dist
shall be responsible for any and all damages to property caust
a direct result of any school activity being conducted on
premises by the District. The District shall carry property dz
and Dublic liabilitv insurance that cover the areas and activl
set forth in this asreement. The City's property damaae and D\
liabilitv insurance shall include all areas and activities
forth in this asreement under their self-insurance Droqram.
party shall furnish the other Dartv with a CODY of their Dolic
Insofar as it is legally authorized, the City shall hold
and harmless the District, members of the Board of Trustees,
employees, officers and agents, while acting as such, from
claims, loss, damages, costs, expenses or liability which may z
by reason of liability imposed by law because of injury to pro1
or injury to or death of persons, received or suffered by rf
of operation of the City recreational program upon said premi
by reason of its development of the athletic fields on the pro1
or its performance of its obligations under this agree1
further, the City shall be responsible for any and all damagc
property caused as a direct result of any recreational act:
being conducted on said premises by the City.
The parties hereto acknowledse that there have bee:
reDresentations made bv either to the other not contained ht
won which either partv is relvinq - which has induced exec1
herein. This asreement embodies the entire asreement
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understandinq between the Parties hereto relatinq to the subie
matter hereof.
16. The term of this agreement shall be for a length of t
years renewable on a year to year basis thereafter by mutu
agreement. In addition, the terms of this agreement may
modified at any time by mutual consent and written agreement of t
respective parties.
17. ' Nothing in this agreement shall be construed to prohib
the Board of Trustees from participating financially in a specif
recreation program when mutually agreed upon by the Board
Trustees and the City Council.
18. This Community Recreation Agreement may be terminated
either party as of June 30 of any fiscal year for any reason up
at least 180 days' written notice to the other.
ATTEST:
CITY OF CARLSBAD, A municip Corporation of the State of
California
BY ALETHA L. RAUTENKRANZ CLAUDE llBUD1l LEWIS, Mayor
City Clerk
CARLSBAD UNIFIED SCHOOL DISTRICT
BY . THOMAS K. BRIERLY, ED. D
BY JAMES ROBERT McCORMICK Board of Trustees
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