HomeMy WebLinkAboutCarlsbad Unified School District; 2000-09-14;. A
AGREEMENT FOR USE OF THE CULTURAL ARTS CENTER BETWEEN THE CITY OF
CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT
THIS AGREEMENT is made this 14th day of September 2000, between the CITY OF
CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as the CITY,
and the CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA,
hereinafter referred to as the DISTRICT.
RECITALS:
WHEREAS, the DISTRICT desires to provide cultural programs for its students; and
WHEREAS, the CITY and the DISTRICT desire to cooperate with each other to provide the
entire community with cultural arts programs; and
WHEREAS, State of California Education Code, Sections 38130 et. seq., the Civic Center Act,
authorizes and empowers school districts to grant the use of school facilities or grounds as a civic
center for artistic, recreational and educational community programs; and
WHEREAS, the CITY and the DISTRICT desire to enter into a formal agreement defining the
rights and responsibilities of each party in connection with the use of the Cultural Arts Center;
NOW, THEREFORE, IN CONSIDERATION OF THESE RECITALS AND THE MUTUAL
COVENANTS CONTAINED HEREIN, the parties agree as follows:
I. DEFINITIONS
The term “Cultural Arts Center” as used in this agreement shall include all related facilities,
auditorium, restrooms and dressing rooms, lobby, ticket office and patio.
CULTURAL ARTS CENTER AGREEMENT
II. MINISTRATION
a. The Cultural Arts Center shall be administered on behalf of the DISTRICT by the Theatre
Operations Manager. All matters relating to the CITY’S use of the Cultural Arts Center shall be
coordinated by the Theatre Operations Manager. The Theatre Operations Manager shall be under the
direction of the DISTRICT’S Assistant Superintendent, Business Services, and shall be responsible for
the day-to-day management of the Cultural Arts Center.
b. This agreement shall be administered on behalf of the CITY by the Arts Manager.
III. ug$
a. The DISTRICT shall have the use of the Cultural Arts Center for any and all purposes and at all
times except as otherwise provided in paragraphs b, c, and d of this section.
b. The DISTRICT shall provide the CITY with use of the Cultural Arts Center as follows: Free
use of the facility according to a schedule mutually agreed upon by the Theatre Operations Manager
and CITY staff. On occasion, additional space may be needed at Carlsbad High School in conjunction
with a scheduled event. Once the space is confirmed by the Carlsbad High School administration, all
terms and conditions of the agreement shall hold for the additional space as well.
C. The CITY may schedule and hold special events during the term of this agreement. The CITY
shall have exclusive use of the Cultural Arts Center during those scheduled special events upon
request. The specific dates and inclusive times of such special events shall be given to the Theatre
Operations manager no later than July 1, for the following academic year. Notice of any change in
requested use shall be given to the Theatre Operations Manager no later than fourteen (14) days prior
to the special event. The DISTRICT will inform the CITY of confirmed dates by August 1 for the
coming year.
d. Use of the Cultural Arts Center by the CITY, during times other than those provided in this
section, may be obtained by submitting a Facility Use Application for the Cultural Arts Center which
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CULTURAL ARTS CENTER AGREEMENT
may be approved by the Theatre Operations Manager if the DISTRICT determines the Cultural Arts
Center is available.
e. The CITY has priority use of the Cultural Arts Center during the times provided in paragraph b,
c, and d of this section. However, the DISTRICT may have the option to schedule DISTRICT
activities during such hours that the CITY is not utilizing the Cultural Arts Center.
IV. CONDITIONS OF CITY USE
a. During the period scheduled for CITY use, CITY shall be responsible for administration,
direction, and supervision of its programs and personnel. The CITY shall be responsible for the
maintenance of good order and conduct in the use of the Cultural Arts Center. The premises shall be
used by the CITY in keeping with the best accepted practices to assure proper standards of conduct,
safety, and health. The City shall be responsible for enforcing the DISTRICT’S adopted rules for the
operation and use of the Cultural Arts Center.
V. MAINTENANCE
a. Except as otherwise specified herein, the DISTRICT shall manage, maintain and operate the
Cultural Arts Center and all related DISTRICT owned facilities. It shall be the duty of the DISTRICT
to regularly inspect the Cultural Arts Center, to insure that it is maintained in good repair and in safe
condition. The DISTRICT shall provide for trash disposal.
b. The DISTRICT shall make reasonable efforts to schedule maintenance activities during periods
when the Cultural Arts Center is not being used by the CITY. The DISTRICT reserves the right to
close the Cultural Arts Center at any time it determines necessary for the proper operation,
maintenance and repair of the Cultural Arts Center or for reasons of health and safety. When such
scheduled closure is necessary, the CITY shall be given ten (10) days written notice.
C. Except for normal wear and tear or damage caused without fault, or by persons or instruments
not under the control or supervision of the agency having the use of the facility at the time, any damage
to the Cultural Arts Center shall be the responsibility of the agency using the facility at the time. The
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CULTURAL ARTS CENTER AGWEMENT
City shall give written notice to the DISTFUCT within one (1) day of any damage to the Cultural Arts
Center. The CITY shall not commit or allow to be committed, any waste or injury or any private or
public nuisance on the premises. If damage occurs to the Cultural Arts Center while being used by the
CITY, the CITY shall reimburse the DISTRICT for the cost of repair.
VI. HOLD HARMLESS AGREEMENT
CITY agrees to indemnify and hold harmless the DISTRICT and its officers, officials,
employees and volunteers from and against all claims, damages. losses and expenses, including
attorneys fees arising out of CITY’s use of the Cultural Arts Center, whether caused by any willful
misconduct, or negligent act, or omission of the CITY or anyone directly or indirectly employed by the
CITY, or anyone for whose acts it may be liable.
VII. JNSURANCE
a. The DISTRICT maintains at its expense a public liability insurance program 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 the DISTRICT or any person acting for the DISTRICT or under the
DISTRICT’s control or direction, and also to protect against loss from liability for damages to any
property of any person acting for the DISTRICT or under the DISTRICT’s control or direction. Such
program shall be maintained in full force and effect during the entire term of this agreement.
b. The CITY agrees to obtain and maintain at its expense public liability insurance 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 the CITY or any person acting for the CITY or under the
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 person acting for the
CITY or under the CITY’s control or direction. Such insurance shall be maintained in full force and
effect during the entire term of this agreement.
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CULTURAL ARTS CENTER AGREEMENT
VIII. DURATION OF CONTRACT
This agreement shall extend for a period of two years from the date of execution of this
agreement.
IX. TERMINATION
a. This agreement may be terminated at any time by either party upon ninety (90) days written
notice to the other party.
b. In the event that the Cultural Arts Center is damaged due to some unforeseen event, to the
extent that in the opinion of the DISTRICT it cannot be economically repaired, this agreement maybe
terminated immediately upon that determination.
X. REVIEW
The City Manager and the District Superintendent, or their appointed representatives, shall
meet annually or more often for purposes of reviewing the implementation of this agreement. By
mutual agreement, the CITY and the DISTRICT may amend the agreement in writing.
XI. ENTIRE AGREEMENT
This agreement, together with any other document referred to or contemplated herein, embody
the entire agreement and understanding between the parties relating to the subject matter thereof.
Neither this agreement nor any provision hereof may be amended, modified, waived or discharged
except by an instrument in writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought. The prior agreement between the CITY and the DISTRICT
dated July 13, 1983, entitled “AGREEMENT FOR USE OF COMMUNITY SWIMMING POOL
AND THE CULTURAL ARTS CENTER BETWEEN THE CITY OF CARLSBAD AND THE
CARLSBAD UNIFIED SCHOOL DISTRICT” is superseded by this agreement.
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CULTWRALARTSCENTERAGWEMENT
XII. NOTICE
Any notice or notices required or permitted to be given by this agreement may be personally
served on the other party by the party giving such notice, or may be served by certified mail, return
receipt requested. Until written notice of change of address is given, mailed notices may be addressed
to the parties at the following addresses:
CITY: Arts Manager
Carlsbad Arts Office
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
DISTRICT: Carlsbad Unified School District
801 Pine Avenue
Carlsbad, CA 920082430
Attn: Superintendent
IN WITNESS THEREOF, the parties hereto have executed this eement on the date first above
written. -
Carlsbad Unified School Di$r#
cmx~ ERNST, ~ERINTENDENT u3imD~i
September 14, 2000 December 19, 2000
Date Date
ATTEST:
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Janice Brietenfeld, Deputy City Clerk
By: &@‘kk F&CH-
City Attorney
Rev. 6/7/00
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