HomeMy WebLinkAbout1977-10-18; City Council; 910-11; Community Swimming PoolCITY OF CARLSBAD
-3GENDA BILL NO. 910 - Supplement #11
DATE : October 18, 1977 -
Initial :
Dept. Hd .
C. Atty. VEh
City Manager C. Mgr. DEPARTMENT:
Subject: . COMMUNITY SWIMMING POOL Land Grant Deed Acceptance
Statement of the Matter
At its October 5, 1977 meeting, the School Board took official
action by adoption of Resolution No. 7-7778, to convey the
swimming pool site at Carlsbad High School to the City of
Carlsbad. As a result of this action, the Board has forwarded
an original, signed Grant Deed as well as an original, signed
agreement for the construction and use of the community
swimming pool.
Exhibit
School Board Resolution No. 7-7778
Grant Deed
Community Swimming Pool Agreement
Recommendation
1.
2.
3.
4.
By minute action, authorize the insertion of the appraised
figure of $200,000 in the pool agreement and authorize
the Mayor to initial the insertion.
By minute action, authorize the insertion of the date of
October 5, 1977 as the beginning date for the 15 year
agreement and authorize the Mayor to initial the insertion.
By minute action, authorize the strike out of the words,
"effective date of the agreement and the" from Line 2, Page 18 and the addition of the words "and October 5, 1992"
to the end of Line 3, Page 18 and authorize the fiayor to initial the changes.
By minute action, accept the Grant Deed for the pool site
subject to the terms and conditions of the Community Pool Agreement.
Council action
11-1-77 The Council by minute motion accepted staff w recommendations. ..
. .. --
*,
Resolution to Convey 1 Real Property Owned by )
the Carlsbad Unified
School District to the )
City of Carlsbad . . . . )
4
RESOLUTION NO. 7-7778
On motion of Member O'Neil , seconded by Member
Kellv , the following resolution is adopted:
WHEREAS, this Board on September 7 , 1977 adopted its
resolution of intention to convey to the City of Carisbad that real property
described in said resolution upon the terms and conditions more particularly
get forth in said resolution; and,
WHEREAS, said resolution provided that a public meeting of this Board
be held at its regular place of meeting, to wit:
on October 5 , 1977 at 7:30 A.m., at which time and
place any person desiring to protest said action could appear and be heard; and,
WHEREAS, notice of the adoption of said resolution was duly given as '
provided by law, all of which appears by the affidavit of publication on file
in the office of this Board; NOW THEREFORE,
IT IS RESOLVED that the President of this Board be and is hereby authorized
and directed to execute a grant deed to the property described in said
resolution to the City of Carlsbad, California, according to the terms and
conditions mentioned above and set forth in the aforesaid resolution.
PASSED AND ADOPTED by the Governing Board of the Carlsbad Unified School
District of San Diego County, California this 5th day of October 9
1977 by unanimous vote of all members of this Board.
Members of the Governing Board of the
Carlsbad Unified School District of
San Diego County, California.
I ’ Resolution No. 7-7778
I, Mary A. Scherr, President of the Board of Trustees of the Carlsbad
Unified School District, Carlsbad, San Diego County, California, do hereby
certify that the foregoing is a true copy of a resolution adopted by said
Board at a regular meeting thereof, held at Pod A, Valley Junior High School,
1645 Magnolia Avenue, Carlsbad, California, at the time and by the vote
above-stated, which resolution is on file in the office of said Board.
. .-
DATE : NOVEMBER 18, 1977
TO : CITY CLERK
FROM: City Manager
SUBJECT: COMMUNITY SWIMMING POOL AGREEMENT City of Carlsbad/Carlsbad Unified School District
Attached is the original of the duly executed and
ratifed agreement between the City of Carlsbad and the
Carlsbad Unified School District. All previous versions should be discarded.
The deed should not be recorded until the City Attorney
gives the OK.
PAUL d BUSSEY
City Manager
PDB: ldg
cc: City Attorney Parks and Recreation Director
Att.
GRANT DEED
!'
i
The Carlsbad Unified School District of San Diego County, California does
hereby grant to the City of Carlsbad that certain real property situated in the
County of San Diego, State of California, as more particularly described as
follows :
4
That portion of Tract 248 and Tract 249, Thum Lands, in the City
of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 1681, filed in the Office of the Recorder of Sa? Diego
County, December 9, 1915, described as follows:
Beginning at the Northeasterly corner of said Tract 248; thence
South 28"39' East along the northeasterly line thereof, a distance of
442.29 feet to the TRUE POINT OF BEGINNING; thence continuing along
the northeasterly line of said Tract 248 and Tract 249, South 28"39'
East 692.39 feet; thence South 61"21' West 170.65 feet; thence North
28"39' West 54.00 feet; thence South 61"21' West 97.00 feet; thence
North 28"39' West 555.00 feet; thence South 61"21' West 26.35 feet;
thence North 28"39' West 347.04 feet to a point on the northwesterly
line of said Tract 248; thence North 30"04' East along said north-
westerly line a distance of 88.56 feet; thence South 28O39' East
309.64 feet; thence North 61.21' East 218.32 feet to t:he TRUE POI-W
OF BEGINNING.
The above said grant of real property is made for and in consideration of
the City of Carlsbad constructing a swimming pool thereon at the city's sole
expense and permitting the Carlstjad Unified School District to use said swimming
pool for educational purposes for a period of fifteen (15) years from
July 20, 1977.
Dated: /i3 - (?A /d ., 1977
Carlsbad Unified School District
of San Diego County, California
BY
STATE OF CALIFORNIA )
COUNTY OF SAN DIEM )
) ss.
On the 10th day of - f , 1977, before me,
ta M. ww , a notary public in and for said County and State, ..
residing therein, duly commissioned and sworn, personally appeared
Board of the Carlsbad Unified School District that executed the wi.thin instrument.
and acknowledged to me that such school district executed the same, pursuant to a
resolution of said Governing Board.
TT , known to me to be the President of the Governing
*
IN WITNESS WHEREOF I have hereunto set my hand and*affixed by official seal
the day and year in this certificate first above written.
h , 7 A:&&+ \rN. \ 3 ; I Notary Public in and for the County ', ,' , I 'I ,,
,*\' <, I, 1 of San Diego, State of California.
f { a',/
.,,:c'# ,
._ .
1
CERTIFICATE OF ACCEPTANCE . e1 f
This is to certify that the interest in real property conveyed
by grarlt deed dated October 10, 1977, from the CARLSBAD UNIFIED
SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA, to the. CITY OF CAXLSBAD, a political corporation and/or governmental agency, was accepted by the City Council of the City of Carlsbad by
minute motion at a regular meeting held November 7, 1977';1and~, the grantee consents to the recordation thereof by its duly authorized officer.
DATED: November 22, 1977 1
I'
1
2
4
7
8
9
10
11
12 n
0 18
19
20
21
22
23
21
25
26
27
-. RESOLUTION NO. 5153
A RESOLUTION OF THE C'ITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVIIJG
AN AGmEl-TENT BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD UNIFIED SCHOOL DISTRICT
FOR CONSTRUCTION AND USE OF A COMXUNITY U
SWIMMING POOL AND AUTHORIZING THE NAYOR
TO EXECUTE SAID AGREEYENT.
*
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain agreement betweeri the City of Carlsbgd
and the Carlsbad Unified School District for the construction and
use of a community swimming pool, a copy of which is attached heretl
marked Exhibit "A" 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 Carlsbad. an adjourned
PASSED, APPRO~D AND ADOPTED at / regular meeting of the
City Council of the City of Carlsbad, California, held on the *
1977 by the following vote,
AYES : Councilmen Frazee, Lewis, 'Skotnicki and
NOES : None Counc i 1 woman Cas 1 er
to wit:
ABSENT: Councilman Packa
RO~RZT c .-FRAZEE, fiayor d'
ATTEST :
/
(SEAL)
EXHIBIT "A" to RESOLUTION NO. 5 153
Y
AGREEMENT FOR CONSTRUCTION AND USE OF
THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT
A COMM~ITY SWIMMING POOL BETWEEN
4
THIS AGREEMENT is made this 20th day of July I
1977, between the CITY OF CARLSBAD, a municipal corporation of
the State of California, hereinafter referred to as CITY, and
t
the CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY,
CALIFORNIA, hereinafter referred to as DISTRICT.
WITNESSETH:
WHEREAS, District desires to provide an educationalziquatic
program for its students; and
WHEFlEAS, City desires to provide the citizens of Carlsbad
with a year-round recreational swimming program; and
WHEREAS, the citizens of Carlsbad, by an advisory vote, .
have indicated they favor the construction of a community swimming
pool facility (hereinafter referred to as 'rp~~l") in the City of
Carlsbad; and
WHEREAS, City and District desire to cooperate with each
other in order to accomplish the construction of the pool to provide
the entire community with educational and recreational aquatic
programs; and
WHEREAS, Chapter 6 of Division 12 of the Education Code
of the State of California (commencing with Section 16651) auth-
orizes 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 the construction and joint use of a community
pool ; u
NOW, THEREFORE, BE IT RESOLVED the parties agree as follows:
1. Construction of pool C
The pool shall be constructed by City in the following
manner:
A. City shall employ architects and any other profes-
sionals as it considers appropriate to design the pool
and to prepare plans and specifications therefor.
City shall consult with District during the course
of the pool design. City shall direct the architect
to obtain such approvals of the plans and specifica-
tions for construction of the pool as may be required
from the State of California Department of General
Services, Office of Architecture and Construction.
B. The design of the pool shall be as approved by City.
Before giving final approval of the design, City
shall give the school board an opportunity to make
recommendations thereon. City shall give due con-
sideration to any such recommendations before
approving the pool design and the plans and speci-
fications therefor.
C. The plans and specifications shall conform to all
legal requirements of state and local authorities
and shall be as approved by the City. District
? _' ..
2.
2.
D.
E.
F.
shall be accorded the opportunity to review and
comment upon the plans and specifications prior to
approval by City.
City shall call for bids and let contracts for con- *
struction of the pool in the manner prescribed by
law. e
City shall pay all costs for the design and con-
struction of the pool,
District shall provide the site as described and in
accordance with Section 2 of this agreement.
G. Title to the pool shall be vested, upon completion
of construction, with City.
Pool site
The pool shall be constructed on a portion of a parcel of
land of approximately 4.9 acres presently owned by District
and held as a part of the campus of Carlsbad High School,'
..
The site is generally located on the west side of Monroe
Street, near its intersection with Basswood Street, and
is more particularly described 6n Exhibit A, attached
hereto and made a part hereof. In consideration of the
construction of the pool by City and the provision by City
for District use of the pool as specified in this agreement,
District shall deed the site as described on Exhibit A to
City. The transfer of said site shall include all improve-
ments presently existing thereon including, but not limited
to, the four tennis courts and paved parking areas. The
transfer of title of said property fxom District to City
shall be accomplished in the following manner:
\
3.
3.
A. Pr-iptly upon approval of thi-agreement by the parties,
District shall begin such procedures as may be required
by law to complete the transfer of title.
District shall be responsible for completing all B.
action required by law to effect the transfer of
title of the site to the City. District shall be
4
responsible for all costs necessary to conyey legal
title to City.
C. ' The transfer of title to the property to City shall
be completed by District as soon as possible after
execution of this agreement.
D. District shall install curb., gutter and sidewalk
the length of District property on Basswood Street
beginning at ValW,northward; such installation to
be completed prior to the completion of pool
construction.
City to Administer - general
The pool shall be administered, managed, operated and
maintained by City. City and District agree that the pool
4.
1, -
shall be jointly used by the parties in the manner pro-
vided by this agreement.
that the costs of administration, mariagement, operation,
maintenance and repair of 'the pool shall be shared by the
parties in the manner provided by this agreement. Whenever
City and District agree further
the term I'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.
Use - general
City and District agree that the presumption upon which all
Sections of this agreement shall be interpreted is
4.
that ci--'s uses, programs and des'-?s shall in all
cases and at all times take precedence over District's
and that District shall use the facility only during such
periods, and for such purposes, as City may make the
.. facility available. However, it shall further be under-
staod between all parties to this agreement that City shall,
in fact, under normal operation of this agreement, make the
pool available to District for certain 'hours during such
times as Carlsbad High School is in session during the
normal September-June school year, as well as such times
as it may be mutually beneficial to City and District to
permit the District's use of the pool. The pool shall be
owned and operated by City as any other facility of City,
recognizing District shall have the right as specified in
this agreement to use it at certain times.
5, Use of pool
City shall have the use of the pool for any and all purr .
poses and at all times except as otherwise expressly
provided in this section.
City shall provide for District use of the pool for
educational swimming programs and competitive swimming
activities as follows:
A. From 8 A.M. until 11 A.M. and from 2 P.M. until
5 P.M. on Monday through Friday, on those weeks
Carlsbad High School is in session during the
regular school year, from approximately mid-
B.
September through mid-June.
District use pursuant to Paragraph 5(A) may exceed
5-
C.
the 5 P.M. time for interscholastic activities
providing a schedule therefor is approved as a
part of the annual schedule in accordance with
this section. 4
During the summer, provisions for some District use
of the pool may be made, provided such use'is con-
sistent with City programs, as part of the annual
schedule, upon mutual agreement of the parties.
A specific and detailed comprehensive schedule for use of
the pool shall be established on an annual basis by the
mutual agreement of the parties. The City Manager, or
his representative, is hereby authorized by City, and the
District Superintendent, or his representative, is hereby
authorized by District to establish said schedule and to
make changes thereto.
the schedule shall be established by the City Manager.
If the parties are unable to agree,
Any schedule established shall be based upon and in ac-
cordance with the provisions of Section 4 and Section 5
of this agreement.
Use of pool by one party during the other party's scheduled
time may be obtained by applying for a permit and receiving
approval for pool use during that scheduled time of the
party having the right to the pool use. A procedure for
issuing such permits shall be a part of the pool schedule
established pursuant to this section.
6.
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
reasonably and fairly apportion periods of closure between
City and District use of the pool.
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.
U
City reserves the right
6. Terms of district use
A. District shall pay to City the direct cost of District
use of the pool.
as provided in Section 9 of this agreement.
ments by District to City for use of the pool shall
Direct costs shall be determined
Pay-
be made upon statements rendered to District by City
at the end of each quarter of the calendar year based
upon the direct costs for such use as provided in
Section 9 of this agreement.
During the periods scheduled for District use, District
may use, administer and direct certain programs at
the pool, in the manner set forth in this agreement.
Such use may include determination of hours and rules
B.
for use as mutually agreed upon, and shall include
employment of such personnel by the District as are
necessary for the efficient operation of the District's
programs and activities at the pool, including, but
not limited to, supervisory personnel, teachers,
lifeguards, locker room attezants, cashiers, cleanup
7.
persons 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
and :.shall make no rules which are inconsistent with
City's adopted rules without the express consent of
City.
C. District reserves the right to charge, collect and
retain reasonable fees from participants or.spec-
tators in connection with interscholastic athletic .
events or other educational events administered by
District during periods the pool is scheduled for
District use.
D. District reserves the right to control admission to
the pool when being used by District based upon
reasonable rules and regulations. District agrees
to inform City of all rules and regulations prior to
their final adoption.
E. District may maintain telephone service to the
facility, such costs being paid directly by District.
Such telephone service shall be restricted to Dis-
a
trict use.
8.
F.
G.
I.
H.
City shall not provide any towels, suits and other
necessary items needed for District's programs.
Such items, if provided by District, shall be stored
separate and apart from City's similar equipment. U
District shall insure that adequate staff super-
vision is provided during periods of District use.
In addition to the payment of direct costs as required
by this agreement, District shall pay its expenses
including the cost of such staffing and cleanup
during the time the pool is used by District.
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 alter- .
ations to the pool or necessitate storage on the
pool site, the installation of such equipment shall.
be subject to the approval of City,
District shall make available to City, during hours
when the pool is in use by City, existing parking
lots located on the Carlsbad High School campus to
accommodate the public in connection with their use
of the pool, If toilets, showers, lockers and
dressing areas, contemplated as'a part of the pool,
are +adequate for a contemplated use of the pool,
and if the District has adequate toilets, showers,
lockers and dressing areas available that are not in
use in connection with educational activities, then
u
9.
District shall make such facilities available for
use by the public when using the pool.
District use - City responsibilities
During periods scheduled for District use of the pool,
- 7.
u
City shall make available to District during such periods
of District use, all required facilities in connection with
i
the pool. These facilities shall include parking areas,
the pool area, including equipment spaces, locker rooms
with showers and, in addition, pool office, restrooms and
storage space.
8. Maintenance and operation
A. Except as otherwise specified herein, City shall
maintain and operate the pool and all related
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,
B. Subject to the provisions of Sections 3, 6 and 9 of
this agreement, City shall provkde and pay for water, '
gas, electricity and other utilities except for the
telephone service cited in Section 6(E) of this
agreement; and shall provide and pay for pool chemicals
and other special items and supplies. The terms "pool
chemicals, other special items and supplies" shall be
defined to include such expenses in connection with
the use of the physical plant as lubricating oil,
light bulbs, swimming pool chlorine, neutralizing
10.
C.
alkali and similar operational supplies or items.
Subject to the provisions of Sections 3, 6 and 9 of
this agreement, City shall provide the labor and
maintenance force and necessary materials for the 4
care, maintenance and operation of the pool, including
vacuuming and chemical application and shall be
responsible for such care, maintenance and operation.
The terms "care" and "operation" shall mean such
expenses in connection with the use of the physical
plant as cleaning, disinfecting, heating, lighting,
landscaping maintenance, water: and similar items
which are regularly incurred; and in addition to such
items, it shall also include the salaries for necessary
employees' time, and replacement of original equipment.
The term "maintenance" sha1.1 mean expenditures for
repairs to the equipment swimming -pool, other in-
cluded buildings or portions thereof, heating,
ventilating and f iitering plants, the reFair of wlridows
hardware, landscaping, plumbing, electrical fixtures
or other equipment of such type, and emergency
repairs of similar nature, and preventive maintenance
procedures. All city personnel assigned to pool.
maintenance shall be responsible to the City's
. Aquatics Manager.
D. Subject to the provisions of Sections 3, 6 and 9 of
this agreement, City shall pravide a €ull time unsite
manager for the pool referred & herein as the City
Aquatics Manager. The City Aquatics Manager shall
be a regular full time City employee under the
direction of the Director of Parks and Recreation
and shall be responsible for the day-to-day manage- .,
ment of the pool. All matters relating to District
use of the pool shall be coordinated by the City
Aquatics Manager. To the extent it is consistent
with City personnel rules, the City will consult
with District prior to the selection of the City
Aquatics Manager.
District employees shall accept direction from the
City Aquatics Manager in matters relating to the
management, operation, maintenance or repair of the
pool and he shall be responsible for insuring that 1
District programs are staffed and cleanup properly.-
performed in accordance with this agreement.
9. Direct costs
Direct costs to be charged to District, pursuant to Sections
3 and 6 of this agreement, shall include all identifiable
costs related to the care, maintenance, operation, repair
and management of the pool including, but not limited to,
those costs specified in Section 8 of this agreement for
the time such pool is used by District during each respec-
tive calendar year.
District's share of such costs shall be in the same pro-
portion to the total of all such costs as the number of
12 *
-.
\
hours of District's use of the pool bear to the total
number of hours of pool use. *
Records of the'hours of use shall be maintained by the
.) City Aquatics Manager and shall be subject to review by
the District. Except as expressly provided in this agree-
ment, City shall have no responsibility for costs relating
t
to District's use of the pool.
11. Improvements
No alteratibns, improvements or additions shall be made
by District without prior written approval of City. City
agrees to consult with District before making any altera-
tions, improvements or additions except projects not
exceeding $100.00. Any and all alterations, improvements
or additions shall be made and performed in a good work-
manlike manner and in accordance with all statutes,
ordinances and regulations applicable thereto.
12. Employees
All employees of the District and all employees of the
City shall be experienced and competent, and shall be
licensed when requi-red by law. All such employees shall
represent only the party employing 'them.
13. Permits and licenses
District and City shall procure for their operations, at
their respective expense, all permits and licenses that
are or may in the future become necessary or required for
their operations at the pool. District further agrees not
to allow or permit any fee or charge.for such permits or
13.
I...- & ..
\
licenses to become delinquent.
14. Compliance with law
City and District, at their respective expense, shall
U
comply with and observe, and secure compliance and obser-
vation with, all the requirements of the Carlsbad Municipal
Code, and all Municipal, County, State and Federal ordin-
ances, codes, dtatutes, and regulations now in force or
which may hereafter be in force applicable to the pool.
15. Waste - care of premises
City and District shall give prompt notice to the other,
of any damage to the swimming pool facility. Neither
District nor City shall commit, or suffer to be committed,
any waste or injury of any private or public nuisance on
the premises.
16. Indemnification
Insofar as it is legally authorized, District shall hold .
harmless and free from liability City, members of its City
Council, boards or commissions, 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 said pool
and appurtenances by District. Insofar as it is legally
authorized, City shall hold harmless and free from liability
District, members of the Governing Board, its officers,
agents, servants and employees, while acting as such from
all damages, costs or expenses which may arise by reason
14.
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 said pool and appurtenances by City or
because of the construction by City of such pool. *
17. Insurance
C The City agrees to take out and maintain at its expense
public liability insurance with an insurance carrier satis-
factory to the District to protect against the City's
liabilities mentioned in paragraph 16 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 aet'ivities 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 person 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
($1,000,000) for each occurrence.
A copy of said certificate of insurance shall be sent to
the office of District. City agrees that this agreement
shall terminate, on the option of the District, upon the
effective date of the cancellation, termination, or sus- .
pension of any or all of the insurance policies heretofore
mentioned, unless before such effective date City has
u
15
acquired other insurance which, in the determination of
the District, adequately replaces the cancelled insurance.
The District agrees to take out and maintain at its expense-
public liability insurance with an insurance carrier satis-
factory to City to protect against the District's liabil-
ities mentioned in paragraph 16 and for damages due to
bodily injury, including death resulting therefrom, suf-
fered or alleged to be suffered by any per'son or persons
whatsoever resulting directly or indirectly from any act
or activities of District or any person acting for District
or under District's control or direction, and also to
protect against loss from liability for damages to any
property of any person caused directly o'r indirectly by
or from acts or activities of any person acting far Dis-
trict or under District's control or direction. Such
insurance shall be maintained in full force and effect
during the entire term of this agreement in an amount of
not less than one million dollars ($l,OOO,OOO) for each
occurrence.
'A copy of said certificate of insurance shall be sent to
the office of the City Manager. District agrees that this
agreement shall terminate, on the option of the City, upon
the effective date of the cancellation, termination, or
suspension of any or all of the insurance policies hereto-
fore mentioned, unless before such effective date the
District has acquired other insurance, which in the
16.
...
determination of City, adequately replaces the cancelled
insurance.
18. Fire insurance
r( City shall keep and maintain in full force and effect
during the term of this agreement, fire insurance, including
extended coverage, insuring the City and District against f
loss by fire of any facility, building or accessory erected
or constructed in connection with this agreement-
19. Term #@ Except as hereinafter provided, this agreement shall
terminate dn the 5th day of October , 1992. 3p7
20. Termination
This agreement may be terminated at any time after final
acceptance by City of the completed pool and compliance
with all sections of this agreement regarding the cdn-
struction of the pool in the follawing manner: by District
upon ninety days written notice to City; and by City upon
ninety days written notice to District and payment to
District of an amount determined in accordance with this
sectkon of the agreement which shall constitute District's
interest in the pool.
For purposes of this agreement, City and District expressly
agree that the reasonable value of the pool site is 41) $200.000.00 dollars. Upon termination of this agreement .pr the City shall pay District a sum determined as follows:
take $200.000.00 dollars (the value of the site), 5!$
divided by 5,575 (the total number o'f days of the agreement
17.
..
c
term-15 X 365), multiplied by the number of days between
# Upon termination of the agreement, title to the pool site
shall remain in City.
e
21. Review - extension
City Nanager 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 agree-
*merit; said amendment to be included thereafter in the text.
This agreement may also be extended at any time by mutual
action of the parties.
22. Replacement of pool
- If the pool is totally destroyed or is damaged 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 te.rminated.
In the event of a termination of the agreement, pursuant
to this section, or at the conclusion of the term of this
agreement, or any extension thereof, title to the pool site
shall remain in City and District shall not be entitled
to any payment therefor.
23. Damage to pool
Except for damage caused without fault or by act of God,
or by persons or instrumentalities not under the control
18.
or supervision of the agency having the use of the facil-
ity 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 facilities
U
while being used by District, District shall reimburse
City for the cost of repairs. The facilities shall be
P
returned to City in the same condition as when received,
except for normal wear and tear resulting from usage.
The cost of repairing all other damage including that
caused without fault or by act of God will be shared on
an equal basis.
District shall' give prompt notice to City of any damage
to the pool. Notice shall be given in writing to the
City Aquatics Manager.
In the event such damage precludes the use of the pool by
either party, any continuing operation and maintenance
costs which would be included as direct costs under Section
9, shall be prorated between City and District on the same
percentage basis as each party's share of direct costs was
for the previous year.
24. Abandonment
City reserves the right at any time prior to commencement
of construction of the pool to abandon the pool project
by delivering written notice to that effect to District.
Upon delivery of said notice, this agreement shall be of
no further force and effect. If City-elects to abandon
19.
..
I( , ,.
.. the pool project after transfer of the pool site, said
site shall be returned by City to District.
CONDITIONS PRl3CEDENT
1. An express condition precedent to this agreement shall be
the issuance by the Planning Commission, or on appeal by
the City Council, or a conditional use permit for construc-
tion of the pool on the pool site.
is not issued, this agreement shall be of no further force
and effect.
.(
In the event such permit
2. An express condition precedent to this agreement shall be
the completion of the transfer of the pool by District to
City. In the event said site is not deeded to City in fee,
free of liens .and encumbrances, this agreement shall be of
no further force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
agrehent on the day and year first above written.
5' ,/' ;
II I' ~ -, CITY OF CARLSBAD, A Municipal tion of the State of California
CARLSBAD UNIFIED SCHOOL DISTRICT
of San Diego Count California
Board A* of sB stees
Approved by the Governing Board of
Carlsbad Unified School District
on October 5, 1977.
ml kkc% l&a ;cl&y.A, gLLe 1
ATTEST :
R, President
City Attorney \
DONALD L. CLARK County Counsel
* .
20.
TO : City Manager
FROM: Public Works Administrator
DATE: March 1, 1978
SUBJECT: Community Swimming Pool
BACKGROUND
The City Council, on January 6, 1976, by approval of Agenda Bill 910,
Supplement #4, authorized staff to solicit proposals from architects for
the community pool. On June 15, 1976, Council unanimously approved Agenda
Bill 910, Supplement #6, selecting the firm of Kammeyer, Lynch & Partners.
Staff was subsequently authorized to negotiate with the School Dis-
trict for a site on the High School campus.
EIR #380 which was reviewed and certified by Council on July 9, 1977.
gotiations for the property were concluded and, by adoption of Resolution
5153 on July 19, 1977, Council approved the agreement which was subsequently
approved by the District on October 5, 1977. Following preparation of the
legal documents for the transfer of property from the School District to the
City, the architect was authorized to proceed with site development concepts on October 4, 1977. Following a number of staff/architect meetings, the ar-
chitect's developmental program was presented, in December, 1977, to City
staff for review. Staff suggested some minor concept changes, but rather
than delay the process any longer, it was decided to present the architect's
concepts and staff's suggested changes to a joint meeting of the School Board,
Parks and Recreation Commission and Pool Committee (Exhibit #1>.
ther decided to present the same program to City Council as was presented to
the joint meeting and, in addition, the record of comments and suggestions
made at the joint meeting (Exhibits #2 and #3).
This was the site analyzed in
Ne-
- It was fur-
SUMMARY OF CONCEPT ALTERNATTVES
Architect - After summarizing the demographic and topographic factors
analyzed in arriving at his decision, the architect suggested that the recom-
mended facility should be a 50-meter "Z" shaped pool with attendant building,
landscape and landscaped parking facilities.
mately $l,245,OOO plus architect fees. The architect then outlined three al-
ternate programs as follows (Exhibit #4):
This program would cost approxi-
Alternate #1 - 50-meter rectangular pool - project cost $947,000 + fees
Alternate #2 - 25-yard 'lZfl pool - project cost $765,000 + fees
Alternate #3 - 25-yard square pool - project cost $605,000 * fees
Staff - Staff analyzed the project on the basis of community need, and
School District needs (per agreement) and supported the architect's facilities
-. .
City Manager -2- March 1, 1978
program (50-meter "Z" pool).
for additional funds should Council decide to make more funds available and
the ability to phase the project, staff recommended a modified facilities
program phasing the proposed building and site work (Exhibit #5).
recommendation also includes some minor modification to the architect's fa-
cilities program layout.
After analyzing available funds, the potential
Staff's
JOINT mETING RESULTS
At the joint meeting held February 16, 1978, the concepts outlined
above were presented. There followed considerable conversation concerned
primarily with the issue of parking, more particularly, the ability to use
pool parking to accommodate school needs for student parking and performing
arts center parking.
The School Board and the Parks and Recreation Commission both voted to
support the facilities program as modified by staff recommendations ( see
Exhibits #2 and #3).
project be done in one phase rather than in two phases as staff recomends.
They also voted to recommend to Council that the
Unless the project is reduced in scope, it will be necessary to budget
additional funds for the project.
geting those funds in the upcoming budget for fiscal year 1978-79. A one-phase project will necessitate bud-
RECOiWNDATION
It is recommended that:
1. Council consider the alternatives presented by the architect and by staff (Exhibits #l, #L; and #5); that they also consider the information and sug-
gestions brought forth from the joint meeting (Exhibits #2 and #3) and ap-
prove a conceptual development plan; and
2. Authorize preparation of plans and specifications implementing the approved
conceptual development plan; and
3. Give direction to staff on how to proceed, and at what level to proceed,
with funding the project.
NOTE -
A newspaper item following the February 16, 1978 meeting resulted in a
letter offering constructive criticism regarding the inclusion of landscaping
adjacent to the pool site (Exhibit #6). The Parks and Recreation Director is
of the opinion that the landscaping will not present a problem. If there are
any trees in the area of the pool, they will be of the kind that do not cre-
ate a leaf problem.
ment used to cut the mass vacuums it at the same time.
The turf areas should not be a problem because the equip- -
Ronald U-Wz A. Beckman, P.E.
Public Works Administrator
R.AB : veb
I
.
I
.... .... . . . .I