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HomeMy WebLinkAbout1992-07-14; City Council; Resolution 92-2281 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e a RESOLUTION NO. 92-228 A RESOLUTION OF ?'HE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE DONATION AGREEMENT WITH THE LA COSTA YOUTH ORGANIZATION ALLOWING THEIR ORGANIZATION TO CONSTRUCT A PERMANENT BATTING CAGE FACILITY AT STAGECOACH PARK, WHEREAS, the City of Carlsbad and the La Costa Youth Organization, hereinafter referred to as L.C.Y.O., desires to construct a permanent batting cage facility at Stagecoach Park, and WHEREAS, upon completion of construction the L.C.Y.O. agrees to donate the batting cage structure in its entirety to the City of Carlsbad, and WHEREAS, a $35,000 letter of credit will be required from L.C.Y.O. prior to construction, and. WHEREAS, each organization has specific responsibilities in the provision of such agreement. NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The Donation Agreement attached hereto is hereby approved. 3. That the Mayor is authorized and directed to sign the.Agreement on behalf of the City of Carlsbad. ///I/ //I// ///I/ - i 0 W I 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 Carlsbad City Council held on the 14th day of JULY , 1992 by the 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 , I following vote, to wit: ., AYES: Council Members Lewis, Kulchin, and Stanton NOES: ABSENT: Council Members Larson and Nygaard CLAUDE A. BUD LEWIS, Mayor ATTEST: dLQ-%&% k! @&A, 22 ' 23 24 . 25 26 27 28 ) ALETHA L. RAUTENKRANZ, City Clerk " W e BATITUG CAGE DONATION-AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LA COSTA YOUTH ORGANIZATION ., *. THIS USE AGREEMENT made and entered into this day of , 1992, by and between the City of Carlsbad, hereinafter referred to as "City", and the local non-profit organization, La Costa Youth Organization, hereinafter referred to as "LCYO". WITNESSETH WHEREAS, the LCYO desires to construct a permanent batting cage structure at Stagecoach Community Park (Exhibit A). NOW, THEREFORE, it is understood and agreed by and between the parties hereto as follows, to wit: 1. SERVICES/FUNDS PROVIDED- BY LCYO will be responsible for all funding and construction costs for the proposed batting cage facility. All necessary and proper permits and approved of plans and specs. shall be the responsibility of LCYO and must be obtained prior to commencing construction. A $3S,OOO letter of credit will be required from LCYO prior to construction. 2. EMPLOYEES AND AGENTS. For the purposes of this agreement, all persons employed in the performance of services and functions for LCYO shall be deemed to be an employee or volunteer in the services of LCYO and not the City of Carlsbad. The City shall not be responsible for compensation or indemnity to any LCYO employee for injury or sickness or wages arising out of hisher senrice with LCYO. Workers .~ EXHIBIT 2 0 Compensation benefits for all project employees and/or volunteers will be required by LUO. LcTO shall file proof of such insurance prior to commencing construction. 3. COMPLIANCE WITH LAW. LCYO shall, at its sole cost and expense, comply and secure compliance &th all ordinances, statutes, laws, regulations, and requirements of all local, state, and federal authorities now in effect, or which may hereafter become effective pertaining to the premises. 4. HOLD AND SAVE HARMLESS. The City, its, agents, officers, and employees shall not be, nor be held liable for any claims, liabilities, penalties, fines, or for any damages to the goods, properties, or effects of LCYO or any of LCYO representatives, agents, employees, guests, licensees, invitees, patrons, or clientele, or of any other persons whosoever, or for personal injuries to, or deaths of them, or any of them, whether caused by resulting from any acts or omissions of LCYO in or about the facility, or by or from any act of omission of any person or by or from any defect in any part of the premises or from any other cause for reason whatsoever. LCYO further agrees to defend and hold and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities, and to pay any and all costs and expenses, including but not limited to court costs and reasonable attorneys’ fees, incurred by the City on account of any such liability. To effectuate this clause, and as an additional requirement and not to relieve LCYO of the obligations imposed hereunder, on or before the effective date of this agreement, LCYO shall deliver to the City a certificate of bodily injury and property damage including theft or vandalism, liability insurance issued by a company licensed to transact 2 0 e such business in the State of California, reciting the LCYO has the liability insurance as required in paragraph 5 below, and that the policy has endorsed or otherwise covers the contractual liability imposed by this agreement. .. 5. INSURANCE. LCYO agrees to take out and maintain, at its own expense, public liability insurance with an insurance carrier satisfactory to the City, naming the City as additionally insured, to protect against the liabilities mentioned in paragraph 4, and for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly by or from any act or activities of LCYO or any person acting for LCYO, under LCYO’s control or direction, and also to protect against loss from liability for damages to or theft‘ for vandalism of any person caused directly or indirectly by or from acts or activities of any penon acting for LCYO or under LCYO’s control or direction. Such insurance shall be maintained in full force and effect during the entire term of this agreement in an amount of not less than One Million Dollars ($l,OOO,OOO), combined single limit, for each occurrence. One copy each of said certificate of insurance shall be sent to the offices of the Parks and Recreation Director and Risk Manager. CITY: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 LCYO: La Costa Youth Organization Scott Pieratt P.O. Box 9000 Carlsbad, CA 92009 - 3 0 e 6. ADMINISTRATION. This agreement shall be administered on behalf of the City by the Parks and Recreation Director, or his designated representative. The LCYO .. shall apply for use of City facilities in accordance with the established “Facility Use Regulations” (Exhibit B). 7. USE. The City shall make available to LCYO, on a non-exclusive use basis, the batting cage, identified on Exhibit A and attached hereto and by this reference made a part hereof, for the purpose of conducting the La Costa Youth Organization program. 8. MAINTENANCE. It will be the financial responsibility of LCYO to take care of future maintenance costs which includes replacement of netting, painting and miscellaneous repairs. 9. STORAGE. The City shall be provided with ample storage space within the bat1:ing cage, where supplies and equipment can be stored. 10. Other than as stated herein, LCYO shall have no rights, privileges or claims in any form whatsoever to the batting cage that is the subject of this agreement and agrees to donate and forever quitclaim, discharge and release any claims past, present, or future in said batting cage. 11. EbJ”IRETY. The entirety of the agreement between the parties is set forth herein. - 4 a e IN WITNESS THEREOF, the parties hereto have executed this agreement on the >. date first above written. LA COSTA YOUTH ORGANIZATION CITY OF CARLSBAD By: By: ' SCOTT' PIERATT, President CLAUDE LEWIS, Mayor Date: Date: ATTEST: - ALETHA L. RAUTENKRANZ, City Clerk - RON BALL, Assistant City Attorney - 5 -. .. 0 EXHIBIT 1 &j$&&g$ q ‘J.fi, PROPOSED EAlTINO . GAGE COMMUNITY PARK I I .. LEGEND PARKING BALLFIELD / SOCCER . BALLFIELD RESTROOM BASKETBALL PLAY AREA PICNIC AREA NATURE AREA RECIRCULATING STREAM TENNIS COURTS ADOBE RUINS GYMNASIUM / C0MMUNIT.Y BLDG. VOLLEYBALL RESTRQOM / CONCESSION .. MAINTENANCE BUILDING 0 (I) EXHIBIT B CITY OF CARLSBAD PARKS AND RECREATION DEPARTMENT FACILITY US€ REGULATIONS Applications for use of City facilities may be made by mail or in-person at the Harding Community Center, 3096 Harding Street, Stagecoach Community Center, 3420 Mision Estancia or at Calavera Community Center, 2997 Glasgow. Applications wi77 be accepted Monday through Friday, 8:OO a.m. to 12:OO noon and 1:OO p.m. to 5:OO p.m., except holidays. Applications will be reviewed, use will be prioritized and fees, if any, set by the Recreation Supervisor. Please refer to Application Procedures, Rules, Priority Classifications and Fee Schedule. APPLICATION PROCEDURES AND POLICIES 1. Applications will be accepted for specific dates and times. Time requested must include all set-up and clean-up time. Applications must be submitted at least ten (10) working days in advance of the date requested. Advanced 1 schedul ing may be accepted one (1) year prior for larger special events. 2. Regular hours of operation are Monday through Friday, 8:OO a.m. to 1O:OO p.m., Saturdays, 8:OO a.m. to 4:OO p.m. On Friday and Saturday nights, programs must end by 1:00 a.m., with a departure time no later than 2:OO . a.m. An additional fee will be charged for use of the facility other than during regular hours of operation for all classifications. 3 Appl i cations will be approved for speci fic rooms, park areas and ball fields, depending . ... on group size, type of activity and availability. No clctivi ty shall be scheduled for more than room capacity. . " 'r ,. 4. The Department may refuse or cancel any appl ication. Written notices of I., refusal or cancellation with appropriate explanation will be' given by the Department. Applications for use may be denied for the fol.lowing reasons: :r a. Unsatisfactory prior use. i b. Hazardous condition exists. c. App1,ication submitted less than ten (10) days in advance. 0 e d. Non-payment of fees before due date. e. Higher priority activity takes precedence. If an application is denied, the decision may be appealed to the Principal Recreation Supervisor. The next option, if the applicant is not satisfied, is to appeal it to the Recreation Superintendent, Parks and Recreation Director and Commission. The final appeal can be made to the City Council. The Department reserves the right to limit the number of uses by any one group so that the entire community may make use of the limited facilities available. 5. In the event of a change of plan by applicant, notice of cancellation must be given to the Department 21 days before the date of intended use in order to avoid financial obligation for charges involved. A ten dollar ($10) processing fee will be charged and a refund, if appl icable, will be mailed to the applicant. 6. All fees must be paid at-one of the Community Centers, Harding, Stagecoach or Cal avera Community Center. Checks or money orders are made payable to the "CITY OF CARLSBAD" . 7. A $150 refundable cleaning/damage deposit must be paid upon application approval. The remainder of the fee is due 21 days before scheduled use. Groups using facilities on a weekly, semi-monthly or monthly schedule must pay on or before the first meeting of the month. Other arrangements may be approved by the Recreation Supervisor. ' 8. A signed copy of your appl i cat i on by the Recreation Supervi sor i s your confirmation of the requested date. Any preparation for an event is solely at the applicant's risk. - 2 m 0 9. The Recreation Supervisor may impose additional requirements on the applicant as a condition of approval. These additional requirements may include, but are not limited to, additional security, City staff or insurance. If an application for facility use has been submitted less than 10 working days in advance, ,applications may be reviewed and accommodated subject to facility availability. Any financial obligations incurred by the City to accommodate the applicant will be deducted from the required deposit upon notice of cancellation. Cost incurred for additional requirements shall be the responsibility of the applicant. RULIES GOVERNING FACILITY USE 1. An employee of the Parks and Recreation Department shall be present during all hours of use. Applicants that have been approved by the Department may be issued a key for off-site locations. The applicant is then responsible to secure the facility when leaving. 2. C1 ean-up/Refunds . a. On the day of the event, the patron must initially inspect the premises with a staff person and fill out a Condition of Facilitv ReDort. This report is a check 1 ist to insure there is no negligence by either party (Recreation staff or patron). b. Groups are responsible for the following clean-up at the end of their event : - Cleaning of a1 1 equipment used. - C1 eaning of any counter areas used. - Cleaning and wiping all table tops used. - Clean-up of' any floor or carpet areas soiled or dampened. - Clean-up of the kitchen and all amenities used (i .e., - Putting all trash in proper receptacles. - Removal of all equipment supplies, personal articles, displays, refrigerator, stove, oven, sinks, etc.). etc., immediately following clean-up. - 3 0 e c. At the end of the rental and clean-up period, the patron will inspect the premises with a staff person and complete the Condition of Facility ReDort. d. If a group fails to perform a clean-up after their activity, the total deposit will be forfeited. If the facility is left in a satisfactory condition, a refund will be issued approximately three to four weeks after the date of the facility use. 3. All groups must be under the direction of their own leadership. There must be at 1 east one adult present and responsible for each twenty minors, and an adult must be present at all times. 4. The City of Carlsbad is not liable for accidents, injuries or loss of individual property in connection with any of its facilities. Groups which fall into moderate to high risk activity will be required to obtain 1 iabil ity insurance (rider clause to original pol icy) , approved by the Recreation Supervisor, naming the City of Carlsbad, its officers and employees as additional insured. The City shall require liability inswance of $1 million to $5 million, depending upon the risk factor. 5. No activity will be permitted which is in violation of local, state or federal statutes. Applicants must adhere to all City policies and fire codes during their use of the facility. 6. Groups are responsible for controlling noise that could be disturbing to other activities or the surrounding neighborhood. . 7. The Parks and Recreation Department reserves the right to full access for all activities in order to ensure that all rules and regulations are being observed, and may terminate the activity for the safety and welfare of the citizens or City property. - 4 0 e 8. Rental for use of parks is charged only for organized activities requesting specific areas. Liabil ity insurance or security guards may be necessary depending on a) risk factor level, b) alcohol, and c) nature of use. 9. Scout groups in Carlsbad have first priority for use of the Scout Mouse, at no charge. The facility will be available for use by other groups when not in use by the Scouts. The Scout troops must submit a "Facil ity Use Application" with the Department. This form will be good from September through June. If summer use is needed, a separate application must be submi tted. 10. Groups having live musical entertainment or serving alcoholic beverages must abide by the following additional security requirements: a. Groups sell ing alcohol must obtain "Daily On-sale General License" from the Alcohol Beverage Control Board. b. Guard service will be arranged by the Department but paid by the appl icant. Guards wi 11 act as security forces and not as .I .D. checkers. Additional guards may be assigned by the Recreation Supervisors, if needed. 11. Alcoholic beverages shall not be purchased or brought into the building by other than the person responsible for the activity or licensed caterer. Alcoholic beverages are not to be consumed outside the building. If minors are found to be in possession of alcoholic beverages, or if participants are found to be in possession of drugs,. the activity will be terminated immediately. 12. Approval for use will not be granted to a person under twenty-one (21) years of age. 13. Department equipment is available for use in the City's facilities, but may not be+removed to any other location without proper written authorization by the Recreation Supervisor. - 5 0 m 14. Use of the facilities by religious groups, groups or individuals for private or commercial profit making ventures will be limited to three (3) months. Use may not be extended or renewed beyond the original period. 15. The use of any facility will.not be granted or permitted to any individual, society group or organization which has its objectives the overthrow or advancing of the overthrow of the present form of government of the United States or the State of California by force, violence or other means. 16. No two groups of opposing political parties or pol-itical affiliation shall be scheduled at the same time at any facility. 17. No tape, nails, staples, etc. will be permitted on the walls of any facility. 18. SMOKING IS NOT PERMITTED IN ANY CITY FACILITY. 19. Stagecoach and Cal avera Community. Centers/Gymnasiums: a. Gymnasium usage will not be granted when other City facilities are deemed more suitable for requested usage. b. No food, beverages, or hard sol e shoes a1 lowed. c. Floor cover to be in place for all events other than sports. 20. Safety Center Conference Rooms: a. In the event of a major emergency occurring within the City the meeting rooms will possibly be used by City officials. Groups scheduled to use the rooms will be preempted during that time. An appropriate refund of room reservation fees coll ected, or reschedul ing of the cancel led meeting will be arranged. b. Parks and Recreation Department personnel wi 11 process appl ications no more than thirty.(30) days in advance. Police and Fire Department will have first priority. e 6 0 e CLASSIFICATION OF APPLICANTS AND FEES Each applicati'on will be reviewed by the Recreation Supervisor and classified into a group depending on the type of organization and the intended use. The Parks and Recreation Department's activities.have first priority for the use of the facilities. The classifications are listed in order of priority with classification "A" first, classification "B" second, etc. The City attempts to accommodate all groups; however, there is a 1 imi ted number of facilities. Unfortunately, the demand exceeds the supply. For that reason, a priority system for use had to be established. A. Parks and Recreation activities; Co-sponsored activities; other City departments. Exampl es : Friends of the Library, Carlsbad Book Fair B. Non-profit organizations (non-paidmanagement); Carlsbad resident not- for-profit, civic, social organizations and any organization sponsoring a public forum or candidates night. Examples: Carlsbad Rotary, La Costa Youth Organization, Bobby Sox, Little League, Boy Scouts, Lions Club C. Carlsbad resident not-for-profit, civic, social organizations (paid management); educational institutions; resident recreational. Exampl es : Boy's and Girl's Club, School District, lindsay Property Management Association 0. Locally organized groups whose normal place of meeting is located in the City of Carlsbad; resident religious; resident political candidate use for fund raisers; non-resident not-for-profit civic and social organizations; resident private parties. Examples: North County A.A., Y.M.C.A., resident religious and pol i tical groups E. Resident commercial, business, profit making organization, non- resident private party activities. Exampl es : Carlsbad Inn, non-resident parties, weddings Or receptions .- 7 a c F. Non-resident commercial, business, political, profit making and religious organizations. Examples: Trade shows, company training, meetings, seminars *I IN ORDER TO QUALIFY AS CLASSIFICATION "B" OR "C" NON-PROFIT USER, THE ORGANIZATION MUST MEET ALL OF THE FOLLOWING CRITERIA: 1. The organization must be registered as a not-for-profit corporation with the State of Cal ifornia, or, if not registered with the State, must have a constitution or by-laws which clearly state that the objectives of the organization are of a non-profit, non-commercial nature. 2. The organization must be comprised of volunteers, 51% of which must be Carl s bad res i dents. 3. The organization must submit the following: a. If incorporated, submit State incorporation papers and by-laws; if not b. Financial verification of organization's exemption from income tax. (Department of the Treasury form 990 may be used.) An up-dated copy will be required by October 1st of each year. incorporated, submit constitution and by-laws. c. A signed statement verifying item "2" above. - 8 FA- FEE SCHEDULE AND CLASSIR~NS - - RElGULAR OPERATION HOURS Hardinn/Calavera/and Stagecoach Community 'Centers Monday - Friday 8:OO a.m. to 1O:OO p.m. Saturday 8:OO a.m. to 4:OO p.m. Safety Center Conference Rooms Fox/Palowski Mtg. Rooms Monday - Friday 2:OO p.m. - 1O:OO p.m. Saturday 8:OO a.m. - 5:OO p.m. E.O.C. Mtg. Room Monday - Friday 8:OO a.m. - 1O:OO p.m. Saturday 8:OO a.m. - 5:OO p.m. Fees are based on an hourly rate, with a two hour minimum (except ballfields). An extra staffing fee of $7.00 per hour is required for all recreation usages other than regular operation hours. CATEGORIES A- B" C D- E- F FPCIUTES - - Harding Community Center Auditorium Recreation Hall Multi-Purpose Room Kitchen N/C $10 $15 $20 $40 $45 N/C 10 15 20 40 50 N/C N/C 10 15 20 25 N/C N/C 5 10 15' 20 Stagecoach/Calavera Community Centers Gymnasium N/C 10 20 30 45 55 Activity Room N/C 10 15 20 40 50 Multi-Purpose Room N/C N/C 10 15 20 25 Kitchen N/C N/C 5 10 15 20 Safety Center Fox Meeting Room Palowski Meeting Room Emergency Operating Center N/C 7 12 17 25 30 N/C 7 12 17 25 30 N/C 7 12 17 25 30 Letvante Center N/C N/C 10 15 20 30 Heritage Hall N/C N/C 10 15 20 30 Granary N/C N/C 8 10 15 20 Scout House N/C N/C 8 . 10 15 20 n w m PARKS - A" B c " D- E - F Holiday - Gazebo Area N/C N/C 5 8 10 15 StagecoacWCalavera - Picnic Area N/C N/C 5 t3 10 1s Magee Park - Open Area N/C N/C 3 *3 I' a 12 La. Costa Canyon - Upper Area N/C N/C 3 15 8 12 Laguna Riviera - Picnic Area N/C N/C 3 5 8 12 BALLRFLDS Chase, Pine, Stagecoach, Calavera Day Use Liqhts Levar fety Center, Fuerte he Only N/C N/C 5 5 7 7 N/C N/C 13 13 15 20 N/C N/C 5 5 7 7 - BA'TINC; CAGES Stagecoach WC 3 5 8 12 15 T(IURNAMEIUTS - ($200 deposit required) Field plus Bases N/C N/C 5 5 7 7 Lights N/C 7 13 I3 15 20 Field Preparation N/C 15 15 15 15 15 Snack Bar N/C N/C 5 8 10 12 TliNNI$ YOIJRT (Tournaments Only/Daily Fee) Carlsbad High School ' N/C N/C 20 30 40 60 SragecoacWCalavera N/C N/C 15 20 25 35 Lguna Rivienr N/C N/C 10 15 20 30 " NOTFS: 1. There is a two-hour minimum for the use of facilities, parks and meeting rooms, except for ballfields which can be rented for one (1) hour. Fees will not be pro-rated for less than one hour. 2!. , Day Use for the softball fields and the tennis courts is from 8:OO am. until dark. An additional amount is charged for lights. 21. Building rentals include use of tables, chairs, P.A. and kitchen facilities when appropriate. 10 .