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HomeMy WebLinkAboutSan Marcos Unified School District; 1983-06-07;. AGREEMENT FOR MAINTENANCE AND USE OF LA COSTA MEADOWS SCHOOL SITE, BETWEEN THE CITY OF CARLSBAD AND THE SAN MARCOS UNIFIED SCHOOL DISTRICT. THIS AGREEMENT is made and entered into this day of I by and between the City of Carlsbad, a municipal corporation, hereinafter ref.erred to as the "City," and the San Marcos Unified School Distict, San Diego County, State of California, hereinafter referred to as the “District." WITNESSETH: _ WHEREAS, in order to promote and provide for the heaIth and general welfare of the people of Carlsbad,'and to cultivate the development of good citizenship by an adequate program of community recreation, the parties hereto desire to enter into an agreement for a community recreation program at the La Costa Meadows School site within the City; and WHEREAS, the City has heretofore created and established a Park and Recreation Department and has developed and established a park and recreation program for the City of Carlsbad; and WHEREAS, the operation of community recreation programs on a school district site with school facilities, through the City Park and Recreation Department, when said site or facilities are not in use by the District, will promote the health and" welfare of the community and will contribute to the attainment of the general recreation objectives for children and adults within the community;' and . WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7, Division 1, Title 1 of the Education Code of the State of California to organize, promote, and . conduct a program of community recreation and to operate a cqmmunity recreation center within and without their territorial limits; and EXHIBIT 2 1 .4 . WHEREAS, it is also provided by said Chapter 10 of Part 7, Division 1, Title 1 of the Education Code that the foregoing entities may cooperate with each other to carry out these purposes, and to that end may enter into agreements with each other and may do all things necessary or convenient to aid and cooperate in carrying out such purposes; and WHEREAS, the District owns the La Costa Meadows School Site and desires that the City shall have the use of said site for community recreational purposes; WHEREAS, the City owns Fuerte Park and desires that the District shall have the use of said site for athletic and recreational purposes; - NOW, THEREFORE, THE CITY AND THE DISTRICT agree as follows: 1. The District shall provide at no cost to the City for outdoor recreational activities the use of the athletic field areas at the La Costa Meadows School site on an after school and holiday/weekend basis. Restroom facilities shall be provided when adequate supervision by a school district employee can be provided.. . 2. The City of Carlsbad, through its Park and Recreation Department, agrees to conduct and operate on said school site and on such facilities and equipment a supervised or unsupervised recreation program. The City agrees to supply all field scheduling of said program. The school and park sites are described in Attachment "A", attached hereto and made a part hereof. I 3. The City, and/or recognized recreation organizations, shall be responsible for the planning and organization of the recreation program at the school site. Each entity shall be responsible for the acts of its employees,.or any event, thing accident or occurrence that should occur during the operation of said program and which is within the scope of control of said City organization and their employees. 9 . . 2 . . 6 - . 4. The City shall provide at no cost to the District the non-exclusive use of Fuerte Park during the hours of 8:00 A.M. to 3:00 P.M., during the school year. The District shall -be responsible for the acts of its employees, or any event, thing, accident or occurrence that should occur during the operation of the school program at the park site. 5. For the purpose of coordinating the activities herein contemplated, the City hereby appoints its Parks and Recreation Director, or his/her designee, as the representative of the City. The Parks and Recreation Director shall be the responsible manager of the recreational program, and shall coordinate all aspects of this program with the District, its governing Board, and the Park and Recreation Commission of the City. 6. The School District hereby appoints the Superintendent, or his/her designee, as the representative of the District and shall coordinate all aspects of the program with the City. 7. City shall be allowed to use the athletic field areas for its recreational programs on weekends, school holidays and after normal school hours. However, the District shall have priority in the use of the school site, or any part thereof, or any facility or equipment thereon for District purposes if it notifies the City in writing at least two weeks in advance of the intended use of the site. During normal school hours, District shall have exclusive use of the school site. The District may reserve the park site for exclusive use if it notifies the City in writing at least two weeks in advance. 8. For all purposes of this agreement, all persons employed in the performance of services and functions for said City shall be deemed City employees and no City employee shall be considered as an employee of the District or under the jurisdiction of the District, nor shall such City employees have any District pension, civil service, or other status while an employee of the City. , 3 . 9. For all purposes of this agreement, all persons employed in the performance of services and functions for said District shall be deemed District employees and no District employee shall be considered as an employee of the City under the jurisdiction of the City nor shall such District employees have any City pension, civil service, or other status while an employee of the District. 10. It is further covenanted and agreed, except as otherwise provided, neither party shall be responsible to the other party for the cost of their program. The City covenants and agrees to bear all costs that it should incur in respect to the operation of any recreation program, including the cost of service of its employees and incidental costs in connection therewith. District covenants and agrees to bear all costs that should incur in respect to the operation of any school activity. 11. The recreation program conducted by the City shall be open to all students residing in the District and to all residents of Carlsbad, but such participation shall be subject to any rules and regulations adopted by the Park and Recreation . Department of the City and School District. 12. The City agrees to maintain the school's multi-use turfed areas and other landscaped areas around the school buildings. This excludes sweeping or landscape maintenance in the school parking lot. City maintenance will include mowing, edging, pruning, trimming, fertilizing and irrigation repair. The City will not provide replacement of irrigation supplies or -. trash pick-up. The District will provide trash containers and bins. Any materials for turf or landscape renovation will be supplied by the District. The District will be billed bi- annually. The cost of maintenance will not exceed $14,000 in the first year. Each year during the month of June, the District and City shall mutually agree on the cost of maintenance for the next fiscal year. . a . 4 ? _.--.. ___- ___. - -._. _. , _-. _ .-11-1------_..-.- .._.. ____--._- -- . The current costs for turfed areas &ill be 86 per square foot for turfed areas and. 11~6 per square foot for'the landscaped areas. The amount is: a. Turfed areas - 8b per square foot ' X 76,000 square feet = $ 6,080 b. Landscaped areas - ll$ per square foot X 71,000 square feet = $ 7,810 TOTAL $13,890 . 13. The City shall provide and pay for all water and electrical utilities necessary to maintain the park site. The District shall pay for all water and electrical utilities necessary to maintain the school grounds. Separate meters will be provided as indicated in the construction design in order to determine the proportionate costs of water and electrical utilities for the park and school site. 14. City and District, at their respective expense, shall comply with and observe and secure compliance and observation with all the requirements of the Carlsbad Municipal Code and all municipal, County, State and Federal ordinances, codes, statutes, and regulations now in force or which may hereafter be in fact applicable to the park or school grounds and equipment. 15. Insofar as it is legally authorized and pursuant to .Government Code Section 895-4, the District shall hold free and harmless the City, members of the City Council, boards or commissions, its employees, officers and agents, while acting as . such, from all claims, loss, damages, costs, expenses or . liability 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 any defective or dangerous condition of any ground, site, building, equipment, play areas, recreation facilities or other improvement located on the premises owned or maintained by District, or participation in any activity carried out or sponsored by.the District under Paragraph 7 hereof. . 5 9 -- ---..... _ .^_ .__ -. ---. . Insofar as it is legally authorized, City shall hold free and harmless District, members of the governing board, its employees, officers and agents, while acting as such, from all claims, loss, damages, costs, expenses or liability 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 operation of the community recreational program upon said premises, by reasons of its development of the athletic fields on the property and, further, the City shall be responsible for any and all damages to property caused as .a direct result of any recreational activity being conducted on said premises by the City. 16. District agrees to take out and maintain at its expense public self-insurance program to protect' against'District's liabilities mentioned in paragraph 15, 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 from any act or activities of District or any person acting for District or under DistrictIs- 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 in amount of not less than one million dollars ($l,OOO,OOO) for each occurrence. City agrees to take out and maintain at its expense a self- insurance program to protect against City's liabilities mentioned in paragraph 15 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 from any act or-activities of City or any person acting for City or under City's control or direction, and 6 .- . also to protect agains t loss from liability to damages to ahy property of any person caused directly or indirectly by or from . acts or activities of any persons acting for C.ity or under City's control or direction. Such insurance shall be maintained in full force and effect during the entire term of this agreement in 'amount of not less than one million dollars ($l,OOO,OOO) for each occurrence. 17. Except as hereinafter provided, this agreement shall terminate after a one year'period and will be automatically renewed on a year to year basis until such time as the City or District notifies the other party with 90 days' prior written notice that a termination is desired as hereinafter provided. IN WITNESS WHEREOF, the parties on the day and year written above. ATTEST: City Clerk have executed this agreement CITY OF CARLSBAD, A Municipal Corporation of the State of California ATTEST: SAN MARCOS UNIFIED SCHOOL DISTRICT s Clerk, Board of Trustees APPRO VINCENT F. BIONDO, JR. President, Board of Trustees 1 APPROVED AS TO FORM: SCHOOL DISTRICT COUNSEL .- - -- - .- I .--._ . - .._^,. . 5 ’ w . I v) : . s 0 ! ,c ; ;x > i 52 f rm ; 0 ‘> ! zm i OcrI m 20 c 20 ;5: -I+ cm . Pv) I ml’ I > : z 2 : - r c ; : F : ; l I FP ;. :’ J/C Y: ,L C( , Q’ : ;;; .v 1’ :1 gi a II :;I ’ ? Us ‘; ;: ‘;’ 2 ) ‘, L * -’ F E L --’ I i : I - I 5 : sr - ^.. ._ . ._ . C . Attachment."A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ;.i 5 :; &i "27 28 RESOLUT ION NO. 7240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE SAN MARCOS UNIFIED SCHOOL DISTRICT FOR JOINT USE OF FUERTE PARK AND LA GOSTA MEADOWS SCHOOL AND. AUTHORIZING THE'MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and the San Marcos Unified School District for joint use of Fuerte Park ;and La Costa Meadows School, a copy of which is attached hereto marked Exhibit "2" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of 1; . Carls-bad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 7th day of JUIE , 1983, by the following vote, to wit: AYES: Council &%sibers Casler, Iewis, Kulchin, Chick and Prescott NOES: None ABSENT: NO.723 yid.-dw d- @-=A- MARY,H.&ASLER, Mayor ATTEST: ,.,:. ” .., ;.‘;I’ /Jy$y& ') ALETHA L. RAU (S+j Exhibit 1 3 AGREEMENT FOR MAINTENANCE AND USE OF LA COSTA MEADOWS SCHOOL SITE, BETWEEN THE CITY OF CARLSBAD AND THE SAN MARCOS UNIFIED SCHOOL DISTRICT. THIS AGREEMENT is made and entered into this day of , by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as the "City" and the San Marcos Unified School District, San Diego County, State of California, hereinafter referred to as the "District". WITNESSETH WHEREAS, in order to promote and provide for the health and general welfare of the people of Carlsbad, and to cultivate the development of good citizenship by an adequate program of community recreation, the parties hereto desire to enter into an agreement for a community recreation program at the La Costa Meadows School site within the City; and WHEREAS, the City has heretofore created and established a Park and Recreation Department and has developed and established a park and recreation program for the City of Carlsbad; and WHEREAS, the operation of community recreation programs on school district site with school facilities, through the City Park and Recreation Department, when said site or facilities are not in use by the District, will promote the health and welfare of the community and will contribute to the attainment of the general recreation objectives for children and adults within the community; and WHEREAS, cities and school districts are authorized by Chapter 10 of art /-.9- . 7, Division 1, Title 1 of the Education Code of the State of California to organize, promote and conduct a program of recreation and to operate a community recreation center within and without their territorial limits; and 1 Exhibit 3 WHEREAS, it is also provided by said Chapter 10 of Part 7, Division 1, Title 1 of the EducaGon Code that the foregoing entities may cooperate with each other to carry out these purposes, and to that end may enter into agreements with each other and may do all things necessary or convenient to aid and cooperate in carrying out such purposes; and WHEREAS, the District owns the La Costa Meadows School Site and desires that the City shall have the use of said site for community recreational purposes; NOW, THEREFORE, THE CITY AND THE DISTRICT agree as follows: 1. The District shall provide at no cost to the City for outdoor recreational activities the use of the athletic field areas at the La Costa Meadows School site on an after school and holiday/weekend basis. Restroom facilities shall be provided when adequate supervision by a school district employee can be provided. 2. The City of Carlsbad, through its Parks and Recreation Department, agrees to conduct and operate on said school site and on such facilities and equipment a supervised or unsupervised recreation program. The City agrees to supply all field scheduling of said program. The school and park sites are described in Attachment "A", attached hereto and made a part hereof. 3. The City, and/or recognized recreation organizations, shall be responsible for the planning and organization of the recreation program at the school site. Each entity shall be responsible for the acts of its employees, or any event, thing, accident or occurrence that should occur during the operation of said program and which is within the scope of control of said City organization and their employees. 4. The City shall provide at no cost to the District the non-exclusive use of Fuerte Park during the hours of B:OO A.M. to 3:00 P.M., during the 2 school year. The District shall be responsible for the acts of its employees, or any event, thing, accident or occurrence that should occur during the operation of the school program at the park site. 5. For the purpose of coordinating the activities herein contemplated, the City hereby appoints its Parks and Recreation Director, or his/her designee, as the representative of the City. The Parks and Recreation Director shall be the responsible manager of the recreational program, and shall coordinate all aspects of this program with the District, its governing Board,a nd the Parks and Recreation Commission of the City. 6. The School District hereby appoints the Superintendent, or his/her designee, as the representative of the District and shall coordinate all aspects of the program with the City. 7. City shall be allowed to use the athletic field areas for its recreational programs on weekends, school holidays and after normal school hours. However, the District shall have priority in the use of the school site, or any part thereof, or any facility or equipment thereon for District purposes if it notifies the City in writing at least two weeks in advance of the intended use of the site. During normal school hours, District shall have exclusive use of the school site. The District may reserve the park site for exclusive use if it notifies the City in writing at least two weeks in advance. 8. For all purposes of this agreement, all persons employed in the performance of services and functions for said City shall be deemed City employees and no City employee shall be considered as an employee of the District or under the jurisdiction of the District, nor shall such City employee have any District pension, civil service, or other status while an employee of the City. 3 9. For all purposes of this agreement, all persons employed in the performance of services and functions for said District shall be deemed District employees and no District employee shall be considered as an employee of the City under the jurisdiction of the City nor shall such District employees have any City pension, civil service, or other status while and employee of the District. 10. It is furthered covenanted and agreed, except as otherwise provided, neither party shall be responsible to the other party for the cost of their program. The City covenants and agrees to bear all costs that it should incur in respect to the operation of any recreation program, including the cost of service of its employees and incidental costs in connection therewith. District covenants and agrees to bear all costs that should incur in respect to the operation of any school activity. 11. The recreation program conducted by the City shall be open to all students residing in the District and to all residents of Carlsbad, but such participation shall be subject to any rules and regulations adopted by the Parks and Recreation Department of the City and School District. 12. The San Marcos Unified School District agrees to maintain the following areas: a. The landscaped areas around and adjacent to school buildings. b. The school parking lot and street frontage along Fuerte Street. C. The slope banks extending from the hardcourt areas to the field areas. d. The slope bank along Corintia Street, from the chain link fence extending down the bank, to the north. The City of Carlsbad agrees to maintain the following areas: a. The land owned by the City of Carlsbad known as Fuerte Park. b. The multi-use turf area that is part of La Costa Meadows. 4 C. The slope bank extending down to the west from the multi-use turf area. Irrigation repair will be the responsibility of the agency owning the lines. There will be no compensation from one agency to the other for costs associated with maintenance or repair pursuant to this agreement. 13. The City shall provide and pay for all water and electrical utilities necessary to maintain the park site. The District shall pay for all water and electrical utilities necessary to maintain the school grounds. Separate meters will be provided as indicated in the construction design in order to determine the proportionate costs of water and electrical utilities for the park and school site. 14. City and District, at their respective expense, shall comply with and observe and secure compliance and observation with all the requirements of the Carlsbad Municipal Code and all municipal, County, State and Federal ordinances, codes, statutes, and regulations now in force or which may hereafter be in fact applicable to the park or school grounds and equipment. 15. Insofar as it is legally authorized and pursuant to Government Code Section 895-4, the District shall hold free and hold harmless the City, members of the City Council, boards or commissions, its employees, officers and agents, while acting as such, from all claims, loss, damages, costs, expenses or liability 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 any defective or dangerous condition of any ground, site, building, equipment, play areas, recreation facilities or other improvement located on the premises owned or maintained by District, or participation in any activity carried out or sponsored by the District under Paragraph 7 hereof. 5 Insofar as it is legally authorized, City shall hold free and harmless District, members of the governing board, its employees, officers and agents, while acting as such, from all claims, loss, damages, costs, expenses or liability which may arise by reason of liability imposed by law because of injury to property or injury to death of persons, received or suffered by reason of operation of the community recreational program upon said premises, by reasons of its development of the athletic fields on the property and,further, the City shall be responsible for any and all damages to property caused as a direct result of any recreational activity being conducted on said premises by the City. 16. District agrees to take out and maintain at its expense public self- insurance program to protect against District's liabilities mentioned in Paragraph 15, 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 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 in amount of not less than one million dollars ($1,000,000.00) for each occurrence. City agrees to take out and maintain at its expense a self-insurance program to protect against City's liabilities mentioned in Paragraph 15 and for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of City or any 6 person acting for City or under City's control or direction, and also able to protect against loss from liability to damages to any property or any person caused directly or indirectly by or from acts or activities of any persons acting for City or under City's control or direction. Such insurance shall be maintained in full force and effect during the entire term of this agreement in an amount of not less than one million dollars for each occurrence. 17. Except as hereinafter provided, this agreement shall terminate after a one year period and will be automatically renewed on a year to year basis until such time as the City or District notifies the other party with 90 days' prior written notice that a termination is desired as hereinafter provided. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year written above. ATTEST: CITY OF CARLSBAD, A Municipal of California . . ALETH?L. R4UTENKRANZ, L City Clerk] ATTEST: SAN MARCOS UNIFIED SCHOOL DISTRICT CLERK, Board of Trustees PRESIDENT, Board of Trustees APPROVED AS TO FORM: APPROVED AS TO FORM: SCHOOL DISTRICT COUNSEL 7 R -a---- --.- .-- - - -- . * Exhibit “A’.’ iv- -IA COSTA MEADOW$;/ FUERTE PARK’. ‘I . * 1 . . . . . cl-l I . --z==v~ - . t 1 1 -- __ ---c-z -- ..-. I ---=y-- - I. ! . --- - --.--- :‘- _ . ~~.~~~,~~! ~‘~~~~~~~~~~~ if f= I * 8. ;a;: ,.-.1’ .a&- SLOPES Al/ Y MAW. 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