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HomeMy WebLinkAboutCarlsbad Unified School District; 1983-07-05;- AMENDMENT TO THE AGREEMENT FOR USE OF COMMUNITY SWIMMING POOL AND THE CULTURAL ARTS CENTER BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT THIS AMENDMENT is made this 27th day of February 1985, between the CITY OF CARSLBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and the CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFONRIA, hereinafter referred to as DISTRICT. WITNESSETH: WHEREAS, the City and District entered into an agreement dated July 13, 1983, for use of the Community Swimming Pool and the Cultural Arts Center; and WHEREAS, the City and District wish to amend their agreement for use of the Community Swimming Pool. NOW, THEREFORE, BE IT RESOLVED, the parties agree to the amendments as follows: B. Use of the Pool This section shall now read: "City shall have use of the pool for any and all purposes and at all times except as otherwise expressly provided in Exhibit "A". The concept of joint-use is subject to reconsideration after the District program has begun, when the number of students can be measured and the safety of joint-use can be determined. The City also agrees to allow the District exclusive use during scrimmages and competitive meets subject to advance notice for scheduling purposes. 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 approved 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 exclusive use and $7.00 per hour for nonexclusive use. However, effective 1986-87 the rental rates will be subject to renogo- tiation. District has priority use of the pool during the times provided in this section. However, the City may have the option to schedule City activities during such hours that District is not utilizing the pool. Pool 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 necessary for the proper operation, maintenance and repair of the pool or for reasons of health and safety. When such closure is necessary District shall be given notice." -2- , . -. : . 3. Conditions of District Use The following sentence shall be added to this section: "During joint use times, the City will provide lifeguard service for both District and City." 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 BY -3 CARLSBAD UNIFIED SCHOOL DISTRICT of San Diego County, California ,----L..,~~CLL~ President Board of Trustees Approved by the Governing Board of Carlsbad Unified School District VINCENT F. BIONDO, JR. City Attorney -3- l ’ 1. ! Date - 2/18to5/10/85 2118 to 5110185 2/18 to 5/10/85 4122 to 5/3/85 4122 to 513185 4/22 to 5/3/85 516 to 5117185 516 to 5117185 516 to 5117185 5/20 to 5/24/85 8119 to 916185 8119 to g/6/85 9/9 to 11/8/85 919 to 11/8/85 9/9 to 11/8/85 9/16 to l/4/86 9116 to l/4/86 9/16 to l/4/86 9/16 to l/4/86 Date l/5 to 6120186 l/5 to 6/20/86 l/5 to 6/20/86 l/5 to 6/20/86 2/17 to 5/9/86 2/17 to 5/9/86 2/17 to 5/g/86 8!18 to g/5/86 8118 to 915186 9/8 to 11/7/86 9/8 to 11/7/86 918 to 11/7/86 9/15 to l/3/87 9/15 to l/3/87 9/15 to l/3/87 9/15 to l/3/87 HOURS OF POOL USE 1985 Time - Use 6:00 a.mxl5 a.m. Jo= 7:15 a.m.-8:OO a.m. Joint 3:00 p.m.-5:OO p.m. Joint 8:00 a.m.-lo:00 a.m. Exclusive 10:00 a.m.-12 Noon Joint 1:15 p.m.-3:OO p.m. Exclusive 8:00 a.m.-lo:00 a.m. Exclusive 11:OO a.m.-12 Noon Joint 1:15 p.m.-3:OO p.m. 8:00 a.m.-g:00 a.m. 7:00 a.m.-g:00 a.m. 7:30 p.m.-g:30 p.m. 6:00 a.m.-7:15 a.m. 7:15 a.m.-8:OO a.m. 3:00 p.m.-5:OO p.m. 8:00 a.m.-10:OO a.m. 10:00 a.m.-12 Noon 1:OO p.m.-l:15 p.m. 1:15 p.m.-3:OO p.m. Exclusive Exclusive Joint Exclusive Joint Joint Joint Exclusive Joint Joint Exclusive 1986 Time Use 8:00 a.m.-lo:00 a.m. Exclusive 10:00 a.m.-12 Noon Joint 1:00 p.m.-l:15 p.m. Joint 1:15 p.m.-3:OO p.m. Exclusive 6:00 a.m.-7:15 a.m. Joint 7:15 a.m.-8:OO a.m. Joint 3:00 p.m.-5:OO p.m. 7:00.a.m.-9:OO a.m. 7:30 p.m.-g:30 p.m. 6:00 a.m.-7:15 a.m. 7:15 a.m.-8:OO a.m. 3:00 p.m.-5:OO p.m. 8:00 a.m.-lo:00 a.m. 10:00 a.m.-12 Noon 1:00 p.m-1:15 p.m. Joint Joint Exlusive Joint Joint Joint Exclusive Joint Joint Program Swim Team Swim Team Swim Team Instruction Instruction Instruction Instruction Instruction Instruction Instruction Water Polo Water Polo Water Polo Water Polo Water Polo Instruction Instruction Instruction Instruction Program Instruction Instruction Instruction Instruction Swim Team Swim Team Swim Team Water Polor Water Polo Water Polo Water Polo Water Polo Instruction Instruction Instruction 1:15 p.m.-3:OO p.m. Exclusive Instruction Fee $7/hour $7/hour $-//hour FREE FREE FREE FREE FREE FREE FREE $7/hour $14/hour $7/hour $7/hour $7/hour FREE FREE FREE FREE Fee FREE FREE FREE FREE $7/hour $7/hour $7/hour $7/hour $14/hour $7/hour $7/hour $-//hour FREE FREE FREE FREE Hours of pool use listed above include Monday-Friday during the school calendar year excluding holidays and weekends. 3/h/85 - 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 cultural arts programs; and WHEREAS, Chapter 10, Part 7 of Division 1, Title 1, of 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 NOW, THEREFORE, BE IT RESOLVED the parties agree as follows: A. Administration General The pool shall be administered, managed, operated and maintained by City. The cultural arts center will be administered, managed, operated 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 lots, restrooms, dressing areas, landscaping and locker facilities. Whenever the term "cultural arts center" is used in this agreement, it shall include all related facilities including, but not limited to parking lots, auditorium and landscaped areas. B. 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 of the pool by District's students from 8 a.m. until II:15 a.m. and from 1 p.m. until 2 p.m. on Monday through Friday, on those weeks Carlsbad High School is in session during the regular school year, from approximately mid-September through mid-June. -2- Y - -1-4, 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 approved 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 activities during such hours that District is not utilizing the pool. Pool 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 necessary for the proper operation, maintenance and repair of the pool or for reasons of health and safety. When such closure is necessary District shall be given notice. -3- 3. Conditions of District use 1. District to Administer During the periods scheduled for District use, District shall be responsible for 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 personnel 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. The premises shall be used by District in keeping with the best accepted practices to assure proper standards of conduct, safety, cleanliness and 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 by District. -4- 3. Supplies District shall provide any towels, suits and other necessary items needed for District's programs. 4. Supervision District shall insure that adequate staff supervision is provided during periods of District use. 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. It 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 Supervisor. The Aquatics Supervisor shall be under the direction of the Director of Parks and Recreation and shall be responsible for the day-to-day management of the pool. All matters relating to District use of the pool shall be coordinated by the Aquatics Supervisor. 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 1. City Use The City shall have free use of the Cultural 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. On weekends and holidays District may charge for use of Cultural Arts Center. -6- - - 2. District to Maintain The maintenance, operation, 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. 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 Center. 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 the 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 Employees of the District and the City shall be experienced and competent, and shall be licensed when required by law. Such employees shall represent 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. Indemnification Insofar as it is legally authorized, District shall hold harmless and free from liability the City, members of its City Council, boards or commissions, -a- its officers, agents or 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 or death of persons, received or suffered by reason of use of the Pool by the District. Insofar as it is legally 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 activities 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 indirectly by or from acts or 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 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 o- - -- insuring the City pool and District Cultural Arts Center against loss by fire. L. Termination 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" 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. By mutual agreement, City and District may amend the 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 destroyed, 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 economically repaired, this agreement shall cease and be terminated. -ll- 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. If damage occurs to the pool while being used by District, District shall reimburse City for the cost of repairs. If damage occurs to the Cultural Arts Center while being used by the City, City shall 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, -12- City shall give prompt notice to District Superintendent of any damage to the Cultural Arts Center. 0. Previous pool aqreement - 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 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. ATTEST: CITY OF CARLSBAD, a municipal Corporation of the State of California BY 5L-J L Mayor 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 -13- .-<*.a. . --a..l.- - . . I .’ - v . I’ City shall give prompt‘notice to District Superintendent of-any damage to the Cultural Arts Center. . 0. Previous pool agreement - Superceded , Except as provided in Section L Termination, the ‘prior agreement between District end City dated July 20, 19’77 entitled Agreement for Construction and Use of a Community Swimming Pool is superseded by this . 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 BY y$&&J.&&‘/ :- Mayor . ATTEST: City Clerk . . . City Attorney v CARL.SBAD UNIFIED SCHOOL DISTRICT of San Diego County, California @PA 6 BY Board of Trustees . Approved by the Governing Board of Carlsbad Unified School District on July. 13, 1983. County Counsel e . , CARLSBAD UNIFIED SCHOOL DISTRICT Carlsbad, California July 13, 1983 TO: Board of Trustees FROM: Philip Grignon, D SUBJECT: School/City Joint Cultural Arts Cen ict Superintendent istr Use ter. Agreement for the Swimming Pool and ------------------------------------------------------------------------------- BACKGROUND INFORMATION At a Special Board Meeting between the Board of Trustees of the Carlsbad Unified School District and the City Council of theOCity of Carlsbad, the Board and the Council discussed and approved in theory an agreement between the School District and the City for the reciprocal use of the swimming pool and the . Cultural Arts Center. . In essence, it was agreed that the School District would have free use of the swimming pool from 8:00 - 11:15 a.m. and from 1:00 - 2:00 p.m. each day that school is in session. Further, that the District may rent the pool for co- curricular events at a cost of $14 per hour. It was agreed that the City would have the right to use the Cultural Arts,Center at no charge during weekdays for special events which were in the public interest and not in competition with the cultural programs offered by the School District and/or the Cultural Arts Foundation. All other provisions of the original agreement between the District and the City were held in force including the termination clause which was established in the July 20, 1977 agreement. CURRENT CONSIDERATIONS On July 5, 1983, the City Council of Carlsbad on its official agenda considered the new agreeme@ between the District and the City for the use of the swimming pool and the Cultural Arts Center. The agreement, Exhibit A, was duly passed and signed by the Council. FINANCIAL IMPLICATIONS L There would be no outlay of funds by either party to the agreement except in extenuating circumstances of destruction of property or extended use of the facilities, i.e., a cocurricular program at the swimming pool or the City's use of the Cultural Arts Center on a weekend. RECOMMENDATION The attached agreement is another excellent example of two governmental bodies cooperatively working together in the best interests of the citizens and tax- It is, therefore, respectfully recommended that the Board of Trustees ,";'%e the School/City joint use agreement for the swimming pool and the Cu 7 tural Arts Center as presented. AGENDA ITEM 17 50 :, . . r/. ^,. ‘?‘?. _. ‘. :.‘.....: ~I‘.==~:!;i.’ ‘,‘. , \ 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Cierk TELEPHONE: (714) 438-5535 City of QLark33ab July 20, 1983 Carlsbad Unified School District 801 Pine Avenue Carlsbad,. CA 92008 Attention: Anita Williams Re: School/City Joint Use Agreement for Swimming Pool and Cultural Arts Center Enclosed for your records and information is a copy oL F the above referenced agreement with original signatures on behalf of the City of Carlsbad. Also enclosed is a copy of the City Council minutes from the July 5, 1983, meeting at which the agreement was approved. If you have any questions regarding this matter, please donit hesitate to call. ty City Clerk Enc. 1 Unified School District 801 Pine Avenue, Carlsbad, California 92008 729-9291 “Excellence In Education” BOARD OF TRUSTEES THOMAS L. CURTIN, M.D. President W. ALLAN KELLY Vice President J. EDWARD SWITZER, JR. Clerk JOHN j, MAMAUX Member JULIANNE L. NYGAARD Member DISTRICT ADMINISTRATION PHILIP CRICNON, Ed.D. District Superintendent SUSAN H. LARGEN Instructional Services DAVID WM. BATES, SR. Employee Relations JAMES M. STARK Comptroller RICHARD A. SHALER Information Systems K.C. DUNLAP Facilities/Services August 1, 1983 Aletha L. Rautenkranz City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Lee: Thanks for sending us a complete copy of the swim pool/ cultural arts center agreement between the City and the School District which contained original signatures of City officials. Enclosed is a copy of the signature page to that agreement which contains original signa- tures of the Superintendent and the President of the Board of Trustees. This page can now be attached to your copy of the agreement as we discussed earlier and complete your document. I am also enclosing a copy of the minutes of our joint meeting on June 14, 1983 that were approved by the Board of Trustees. This should complete arrangements between us for the moment. I've enjoyed working with you. Sincerely, Anita M. Williams Administrative Assistant aw enc C CARLSBAD UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES MINUTES - SPECIAL JOINT MEETING WITH CARLSBAD CITY COUNCIL JUNE 14, 1983 KELLY SCHOOL MEDIA CENTER The meeting was calied to order at 7:37 p.m. by Mayor Mary Casler. ROLL CALL - City Council: Present: Mary Casler, Mayor Richard Chick, Councilman Claude A. "Buddy" Lewis, Councilman Robert B. Prescott, Councilman Frank Aleshire, City Manager Absent: Ann J. Kulchin, Councilwoman ROLL CALL - Board of Trustees: Present: Thomas L. Curtin, President W. Allan Kelly, Vice President J. Edward Switzer, Jr., Clerk Julianne L. Nygaard, Member Philip Grignon, Secretary Absent: John 3. Mamaux, Member It was moved by Mayor Casler, seconded by Councilman Prescott and carried unanimously that the City Council approve the new agreement (with the Carlsbad Unified School District for District use of the Carlsbad Communit Community Cultura f Swimming Pool and City use of the Carlsbad Arts Center) with an adjustment in the hours (for the School District) to 8:00 - 11:15 a.m. and 1:00 - 2:00 p.m.; that there be a change in the 15-year term so that the agreement would expire in 1997; and that there be included a clause that an after-school athletic program could be arranged (for the District) . at a $14.00 an hour fee. It was noted that there was no change in the use of the Cultural Arts Center. It was also noted that the termination clause including a $200,000 payoff remained in the new agreement. Swimming Pool It was moved by Trustee Switzer, seconded by Trustee Nygaard and carried unanimously that the new agreement with the City of Carlsbad (for use of the Carlsbad Community Swimming Pool,and the City's use of the Carlsbad Community Cultural Arts Center) be approved as out- lined in the action.taken by the Carlsbad City Council. Special Joint Meeting -2- June 14, 1983 Mayor Casler indicated that the City Council had removed an agenda item pertain ing to paving of the parking lot (adjacent to the Cultural Arts Center) at an earlier Council meeting upon receipt of a request of the School District, but would now place the matter back on the City Council agenda as soon as possible. Due to a large volume of potential home construction, considerable discussion was held concerning the possibility of coterminous boundaries between the City and the School District. However, it was pointed out that than es 3 in school district boundaries would have to be made through 1 cooperation between school districts, 2) state authorities, or 3) election by the voters. Conclusion was reached that change in uninhabited areas would be easier to accomplish. Consideration was given to a meeting between Board members, District Superintendents and City representatives of affected areas to discuss the matter. The meeting was adjourned at 9:05 p.m. i$kj?ot Coterminous Boundaries Adjournment