HomeMy WebLinkAbout1980-06-03; City Council; 6265; Magee Housefi CITY OF CARLSBAD
,
DATE : June 3, 1980
Initial: Dept.Hd. be.”:.’
C. AttyLm
W
DEPARTMENT : CITY MANAGER
Sub j ect : MAGEE HOUSE - Amendment to Agreement with Carlsbad Senior Citizens Association. Aqreement with Carlsbad utor4-i
Statement of the Matter
On February 20, 1980, the City Council approved an agreement between
the City of Carlsbad and the Carlsbad Senior Citizens Association for the use of a portion of the Magee House. Since that time the Council
has approved the payment for the alarm system by the City. Since the payment for security alarm service was to be paid by the Association
and was a part of the agreement, a resolution amending the agreement has been prepared to reflect the change.
In May, 1976, the City Council approved the use of a portion of the Magee House by the Carlsbad Historical Society. It is standard
practice between civic organizations and the City to have a use
agreement for facilities. Such an agreement has.been pre@ared and signed by the Historical Society.
Fiscal Impact
$400 to install alarm - $720 yearly monitoring charge
Exhibit
1. Resolution No. .&b -- amending Senior Citizens Association
Agreement.
2. Resolution No.&7 approving an agreement with the Carlsbad Historical Society.
Recommendation
Authorize the Mayor to execute the amendment to the agreement with
the Senior Citizens Association.
Authorize the Mayor to execute the agreement with the Carlsbad Historical Society for use of facilities at Magee House.
NOTE: Utilities will be paid by City.
Council Action:
6-3-80 The matter was continued to the next regular meeting.
8-5-80 Counci 1 adopted Resol ution wband Resol ution approving the agreements.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
le
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 6266
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
AN AGREEMENT BETLEEN THE CITY OF CARLSBAD
AND THE CARLSBAD SENIOR CITIZENS
ASSOCIATION FOR USE OF CERTAIN CITY
PROPERTY COMMONLY KNOWN AS THE MAGEE HOUSE.
The City Council of the City of Carlsbad, California does
hereby resolve as follows:
1. That the Agreement between the City of Carlsbad and the
Zarlsbad Senior Citizens Association, dated February 22, 1980,
Eor use of certain City property commonly known as the Magee
House, is amended by the amendment of Condition No, 14 to read
9s follows:
"14. The utilities shall be paid for by the City."
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Zity Council of the City of Carlsbad, California held on the
5th day of August , 1980, by the following vote.
to wit:
AYES: Council Members Packard, Casler, Anear and Kulchin
NOES : None
ABSENT : Council Member Lewi s
b /AL m
RONALD C, PACKARD, Mayor
ATTEST:
ALETHA L.
(SEAL)
AGREEMENT
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND THE CARLSBAD SENIOR
CITY PROPERTY COiW4ONLY KNOWN AS THE MAGEE
HOUSE.
CITIZENS ASSOCIATION FOR USE OF CERTAIN
THIS PERMIT AGREEMENT is entered into by and between the
City of Carlsbad, California, a municipal corporation (herein- ,
after called "City") and Carlsbad Senior Citizens Association,
Inc., a California corporation (hereinafter called "Association")
and is made in.reference to the following facts:
A. The City owns a certain building located on City Park
property known as the Magee Park. This certain building is rmx
commonly known as the Magee House and is currently used for
Historical Society He?.dguarters and City park and recreational
purposes.
B. The Association seeks to use the Magee House and certain
other portions of the Magee Park property in a manner that will
increase the enjoyment of the public who use the property and
enhance the City's park and recreational programs..
C. The Association intends to use the property to provide
social and recreational service to all Carlsbad citizens and
particularly to Carlsbad senior citizens.
D. Use of the Magee House and other portions of Magee Park
property by the Association will benefit the public health and
welfare and will enhance the park and recreation programs of.thc
City for the bcncfit of the general public.
--
THEREFORE, IT IS AGRXED AS FOLLOWS:
1. The City agrees to permit the Association to use those
portions of the Magee House designated on Exhibit A to this agree-
ment, attached hereto and incorporated by reference, subject to
the full and faithful performance of each and every obligation
imposed upon the Association by this permit agreement.
2. Association agrees to use the Magee House to conduct
social and recreational programs designed to promote the health,
welfare and recreation of senior citizens and the general public
and as a meeting place for senior citizens and the general public
and for any other use prior approval must be obtained from the City
hanager or his designated alternate.
3. The Association may use the Magee House at times other
than the standard hours of operation with the prior consent of
the City of Carlsbad, through the Director of Parks and Recreation.
4. The Association shall not allow any other organization or
business to use those portions of the Magee House reserved for the
use of the Association. The parties recognize that certain portions
of the Magee House are used for the purposes of the Carlsbad
Historical Society.
5. The City reserves the right to permit and schedule the
use of the Magee House by organizations other than the Association.
The City, through the City Manager or his designee, shall coordinate
the use of the Magee House to avoid conflict with icheduled Association
activities.
-2-
i
-.
6. The Magee House and all activities conducted by the
Association at the Magee House shall be open to the general public
$t all times as the Magee House activities are open to the members
of the Associztion.
7. Association may charge a fee to persons participating in
Association activities conducted at the Magee House. The amount of
such fees shall reasonably relate to the cost of the Association ,
for cond.ucting such activity and shall be approved in advance by
the City Manager or his designee.
8. Association agrees to comply with all applicable laws and
will not ‘erect any sign or install any fixture without the prior
written consent of the City.
9. Association shall not assign or otherwise transfer its
rights and privileges arising from this permit agreement.
. 10.
11. Association shall care for and maintain those portions of
City shall make all required repairs to the Magee ‘House.
the Magee House and contents and appurtenances thereto which the
Association occupies at its own expense during the term of this
permit agreement to the satisfaction of the City.
12. In the event that the Magee House is destroyed beyond
reasonable repair, the City, at its option, may reconstruct the
Magee House or terminate this permit agreement and the parties
shall bear no further obligations thereafter.
13. Association shall make no alterations to the Magee House
or the Magee Park property without the prior consent of the City.
14. The utilities, including water, shall be paid for by the
City.
-3-
15. In order to provide funds for the operation of the Associ-
ation's programs, the Association may establish civic and other
services at the Magee House provided that the operation of such
services does not significantly interfere with the provision of
'social and recreational services and programs. Revenues from such
services shall be reported monthly to the City Council.
16. This permit agreement shall take effect and the term
shall commence upon the date of execution by City.
continue for one year.
The term. shall
17. When the method of operation or quality and character of
service rendered by the Association are not fully in compliance
with the provisions of this agreement, or are not adequately
meeting the needs of the public for reasons properly within the
control of the Association, or if the Association violates any of
the terms of this permit agreement, then the City, by the City
Council, may terminate this agreement immediately and the parcies
shall have no further obligation thersafter.
18. In order for use of the Magee House as described herein
during the term, the Association shall pay to the City $1.00 due
and payable on the date of execution of this permit agreement by
the City.
19. Association agrees to hold City totally harmless for all
costs, expenses, claims and liability arising out of Association's
use of the Magee House, Magee Park or the old Library/City Hall
building.
with this provision, Association shall maintain a policy of lia-
bility and property insurance with limits of $1,000,000.00 and
To substantiate the Association's ability to comply
naming the City as an additional insured and shall carry a policy
of worker's compensation insurance covering any and all of the
-4-
--
Association's employees.
insurance to cover any injury occurring to a volunteer providing
service to the Association and arising out of the provision of
that service.
the City.
The Association shall also provide adequate
The insurance policies are subject to approval by
20. At the conclusion of the term or the earlier termination
thereof, Association shall surrender possession of the property to
the City in as good order and condition as existed at the time of
the commencement of the permit agreement with the exception of
ordinary wear and tear.
21. Association recognizes and understands that this permit
agreement may create a possessory interest subject to property
taxation and that the Association may be subject to the payment of
property taxes levied on such interest.
22. ThlT permit agreement shall be automatically extended for
successive one year periods, provided that Association has fully
complied with the terms and conditions of the permit agreement and
anless sixty day notice of termination is given by either party.
23. Association shall provide the Parks and Recreation
Director with two sets of keys to all locks on the premises, except
keys for any safe or safety box. is . EXECUTED this a”- day of 6 bfuQC\/ , 13 Gc by the
parties as follows.
CITY OF CARLSBAD, California, a municipal corporation
..I- ATTEST: ,. ,
*. ALETHA L. RAUTENK’RANZ, RONALD C. PACKARD, Mayor
.,, City Clerk
CARLSBAD SENIOR CITIZENS ASSOCIATION,
IMC., a California corporation
. -. . BY
City Attorney
6.
h
. .. ..,
, .. .
.. 'h Fc iJ F: ah .. v)
X
-. -
..
cn
' X'
..
..
.-
**
.E
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
le
19
20
27
22
22
24
25
26
27
28
RESOLUTION No. 6267
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND THE CARLSBAD HISTORICAL SOCIETY FOR USE OF THE
MAGEE HOUSE
The City Council of the City of Carlsbad, California does
hereby resolve as follows:
1. That an agreement between the City of Carlsbad and the
Carlsbad Historical Society relative to the use of the Magee
House, a copy of which is attached hereto, marked Exhibit "A"
and made a part hereof, is hereby approved.
2. The Playor of the City of Carlsbad is hereby authorized
and directed to execute said agreement for and on behalf of the
City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad held the 5th day of
August , 1980, by the following vote to wit:
AYES: Council Members Packard, Casler, Anear and Kulchin
NOES: /\lone
fiJd&> ABSENT : Counci 1 ttember Lewi s
/ --
RONALD C. PACKARD, Mayor
ATTEST
(SEAL)
LICENSE AGREEMENT -BETWEEN THE CITY OF CARLSBAD AND CARLSBAD HISTORICAL SOCIETY
FOR USE OF THE MAGEE HOUSE
This agreement is. made this $+4 day of flu&uJT , 19fo ,
between the CITY OF CARLSBAD, a municipal corporation of the State
of California (hereinafter referred to as "City") and the CARLSBAD
HISTORICAL SOCIETY.
RE C I TAL S:
WHEREAS, the Carlsbad Historical Society proposes to use
certain rooms at the Magee House to establish a headquarters and
to collect and display historical memorabilia; and
WHEREAS, the City Council of the City of Carlsbad, California
has approved the use of certain rooms in the Magee House by the
Carlsbad Historical Society and has determined that use of the
Magee House by the Carlsbad Historical Society will provide a
benefit to all the citizens in the City of Carlsbad; and
WHEREAS, this lease agreement will facilitate the City of
Carlsbad in fulfilling its responsibility of maintaining and utilizing
the Magee House for the benefit of all citizens of Carlsbad, and
WHEREAS, the Carlsbad Historical Society will provide its
services at the Magee House to the public free of charge, unless
otherwise authorized by the City Council.
NOW, THEREFORE, in consideration of the recitals and of the
mutual covenants herein expressed, the "City" and the Carlsbad
Historical Society hereby agree as follows:
1. "City" leases to the Carlsbad Historical Society for
purposes of establishing a headquarters and collecting and displaying
..
historical memorabilia, certain portions of City property located
in the City of Carlsbad, County of San Diego, State of California,
commonly referred to as the Magee House, and described more fully
in Exhibit "A", attached hereto and incorporated by reference.
The rights specified under this lease shall apply only to those
specific rooms as are described in Exhibit "B" attached hereto and
incorporated by reference.
also use such other rooms as may be approved in advance and in
writing by the City Manager or his designee for temporary or
The Carlsbad Historical Society may
occasional use. Such temporary or occasional use shall be subject
to any conditions imposed by the City Manager or his designee upon
such use.
2. Carlsbad Historical Society agrees to pay an annual
rent of one dollar due in advance on the anniversary of the
date of execution of the agreement.
3. The City Manager or his designee may, upon the request
of the Carlsbad Historical Society, approve in writing use by the
Carlsbad Historical Society of such equipment and other personal
property owned by the City as may be necessary for use by the
Carlsbad Historical Society in the fullfilment of their purpose or
in the presentation of any programs. The use of such equipment or
I other personal property shall be subject to any terms and conditions
that the City Manager or his designee may in his discretion impose.
4. Carlsbad Historical Society shall be fully responsible for
custodial care in all rooms used by them. Such rooms shall be kept
in a clean and sanitary condition at all times. The Carlsbad
Historical Society shall make no alterations or additions to the
interior, exterior or surrounding grounds of the Magee House without
the express written consent of the City Manager or his designee.
-2-
. >,
’. .
5. City shall remain responsible for all maintenance and
repairs at the Magee House. Requests for such maintenance and
repairs shall be made by the Carlsbad Historical Society through
the City Manager or his designee.
6. Carlsbad Historical Society shall provide the City Manager
or his designee with keys to all locks on rooms used by the Carlsbad
Historical Society.
7. Carlsbad Historical Society shall train all of its staff
members and employees regarding proper methods of locking, closing
and use of the intrusional alarm system as directed by the City
Manager or his designee to insure protection of the property and
its furnishings.
8. Carlsbad Historical Society covenants at all times to
indemnify and hold harmless the City, its employees and officers,
. of any and all loss, damage or expense and shall pay in full all
loss, damage or expenses as City, its employees and officers may
sustain, incur or become liable for, resulting in any manner from
the maintenance, use, state of repair, or any other operation or
use of the Magee House by the Carlsbad Historical Society or .from
the grant or exercise of this lease, including any such loss, damage,
or expense arising out of (a) loss of or damage to property or
(b) injury to or death of persons. Carlsbad Historical Society
-shall be solely responsible for any loss or injury to any personal
property owned or possessed by it and kept, stored, or displayed
at the Magee House.
9. Carlsbad Historical Society shall procure and maintain a
policy, or policies, of public liability and property damage insurance
with an insurance company, or companies, approved by the City Manager
-3-
wherein the City is named as an additional insured. Such insurance
to insure to a limit of not less than $300,000 for injuries or
death of any one person, $500,000 with respect to any one incident
or occurance, and to a limit of not less than $100,000 for property
damage, City against any and all claims, demands, obligations,
liabilities, cause, or causes, of action by reason of any act or
omission by or on behalf of the Carlsbad Historical Society, its
members, agents, employees, permitees or invitees whether negligent,
intentional or otherwise, arising out of or in anyway connected to
this agreement or the performance thereof.
10. This lease may be terminated by either party upon one
year notice in writing to be served upon the other party stating
the day of the month such termination will take place and uron the
expiration of the time specified in such notice, this lease and
privileges and rights of the Carlsbad Historical Society shall
absolutely cease.
11. Unless otherwise terminated, this lease shall be for the
period of five years and shall be automatically renewed for a
subsequent year unless the City Manager objects to the renewal in
writing. Such objection.shal1 be made not later than 30 days
prior to the anniversary of the execution of this agreement.
-4-
. " .J
IN WITNESS WHEREOF, the parties have executed this license
in duplicate as of the day and year above written.
CITY OF CARLSBAD, a municipal corporation
ATTEST:
- -
By -RONALD C . PACKARD , Mayor
City Clerk 8-
CARLSBAD HISTORWAL SOCIETY
APPROVED AS TO FORM:
Vincent;'P-ondo, Jr.
-5-
,- 3 ..
Policy KO. Policy Period
GLL' GO 066896-5 4/27/80--81
ADDITIONAL ~N~~~~~
(Premises Leased to the Named Insured)
Effective Date of Endorsement
4/27/80
[Named Insured I
The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy.
This endorsement modifies such insurance as is affcded by the provisions of the policy relating to the following
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE
OWNERS, LANDLORDS AND TENANTS' LIABILITY INSURANCE
STOREKEEPER'S INSURANCE
It is agreed that the "Persons Insured" provision is amended to include .as an Insured the person or organization designated below, but only with respect to
liability arising out of the ownership, maintenance or use of that part of the premises designated below leased to the Named Insured. and subject to the
following additional exclusions:
The insurance does not apply:
1. to any occurrence which takes place after the Named Insured ceases to be a tenant in said premises;
2. to structural alterations, new construction or demolition operations performed by or on behalf of the person or organization designated below.
Designation of Premises
(Part leased to Named Insured)
Meeting ~oom Magee House
Beech Am. Carlsbad, CA.
Ivg/rr 5/15/80 SD545 McClellan Insurance Agcy, Inc
SCHEDULE
Name of Person or Organization
(Additional insured)
City of Carlsbad
Prer
Bodily injury Liability
Waivl
rms
Property Damage liability
3'
",-.-
~E.971 fC109) 7.20.66 Prinlsd in U.S.A.
AM[? INSURED
CAiitSiiAD HISTORICAL SGCIETY
P 0 3iiX 188
CARL S3 AD CA 92008
POLICY IS: RENEWAL OF PULICY NO,. GCP75i763 --
NAMED IKSUREI) IS: ASSOCIATION
DCCUPATIGN: CIVIC AlilO SOCIAL ASSUCIATJON -. . - -_ i- 5
POLICY PERIW: FROM 04/27/80 TO 04]27/81 12:OL A,).\-, STANDARD TIME
AT THE ADDRESS OF THE NAMED IkSljRED AS STATED HEREIN
-.
-t
---.-------------------------------.I-------.
PR€HIlJM PAYMENT CQNDITIONS
EACH -- - - EACH --
OfCtJRENCE AGGREGATE OC CUR ENC E AGGREGAT
$5 00,OC)O - $100,000 $100100
OPlES OF THIS DOCUMENT HAVE BEEN SENT TO: TZGZ5-J . 803426 s
* - ~. . I __ -. -__- _. -c -. ”- - ,
NAME0 INSURED
CARLSd AD HI STOKI CAL S ClCi ETY
P 0 33X 133
I; I
SECCIdD AND SUBSEQUENT LINES
-----u----------u--
LCCAT I ON COV EK A GE PREHIUX BASIS CODE EXPOSURE' RATE PREHIUH
WHEN JSE3 AS A PREHIU3.t 8ASIS THE FULLOWING CODE DEFINITIONS APPLY:
U-UNIrS - PW UNIT
COKPREHENSIVE GENERAL LIABILITY I WURANCE
1
1-8 441 5
61 PD
.
CLUBS - CIVIC9 FRATEfiiJALg LUNCHEC~NI SERVICE OR
SOCIAL - MO BUIL13INGS ai3 PREHISES OlJNEO OR LEASED EXCEPT FOR CFFICE PURPOSES
U
U
30 -4500
30 * * 048 0
NONE hMONN AT INCEPTION -
CL~;EE~ED, IF ANY EXPOSUR~~ AT CONPANY*S MANUALS OF RULES AND RATES
26MP
24MP
41MP
28NP
1 3-1 7982 ' OPERATIONS - NOC
BI IF ANY
PO IF ANY
L 9-9 F 3 6 (C3i9TIMdED ON NEXT PAGE) PAGE 2
COPIES OF THIS DOCUMENT HAVE BEEN SENTTO: 1'45 600426 i
- w - - - I ----I- _"---~
. . .. .. . ... ...,.
P G niix 188
CARLSd AD CA 92008
EXCL UDEU
TOTAL ADVANCE PREMIUM (COdPREHfNSIVE GENERAL LXABILITY INSURANCE) $119
$6415 CLUBS - CIVIC, FRATERNAL, LUNCHEUNT SERVICE OR
SZCIAL - NO BUILDINGS OR PREHISSES Ulrs'NEl) OR
LEASFrD EXCEPT F'3R CFFICE PURPOSES
BRGAD FORM COYPREHENSIVE G 1 ENDORSEMENT $25
UMDER THIS ENDGRSENENT THE PREMIUH CALCULATION IS AS FDLLOWS:
1'5.0% CF THE TUTAL GENERAL LIABILITY BODILY INJURY
AND PROPERTY DAMAGE PKEN AS OTHERMISE
3 E TE RMI NED
(CGNTINUED ON NEXT PAGE) PAGE 3
800426 S8
EMICRSEMENTS ATTACHED TO POLICY AT INCEPTION:
I-- ----- ------ -u- -------------*--I------
GENERAL LIABo SJDo PROV JACKET
CO?IPPKEHENSIVE GENERAL LIA8lLITY INS-
kDDITXWAL INSUiiED (CLUB MEMBERS)
CANCELLATXON FCR NOX-PAYNEXT UF PKSHIUM
G.L ,-AMERDAT3RY WDT-ADDL DEFINITION
PRUDUCfS iiAZARD EXCEPT1 CiFiS
BRISAU FORM CbhPKEHENSIVE G L ENgQRSEMEMT
BROAD FGRM COMPREHEYSIV E G L ENDORSEMENT
~XCL,-COKPLETED OPERSo E PRODUCTS HAZARD
THIS 3ECLARATIUN AND COVERAGE ?ART(S) v WITH POLICY STANDARD PROVISIONS AND
ENDDP.SEM~NTS, IF AIUY, ISSUED TO FORM A PART THEREOF, COMPLETES THE ABDVE
Ntl&E;RED POL1 CY.
DUkI;I3 THE PAST THREE YEARS Nil INSURER HAS CANCELLEL; INSURANCE, ISSUED TO THE
NAMED IN5URED, SIMILAR TO THAT AFFitRDEO HEREUNDfR, UNLESS OTHERWISE STATED
HEREIN.
GOUUTERSIGN€D AT: &b&h&dc&. * AUTHORIZED AGENT: ---
DATE : y&i&lzg
000426 S COPIES OF THIS DOCUMENT HAVE BEEN SENT TO: I i *s ~i +
--. . . . - . -_ . . . - . . . . . . ..
bILLINC DATE POLICY NO. COMPANY EFFFCTIVE DATE I EXPIRATION DATE
..
.. .
e Carlsbad Historical Society
P.O. Box 188
Carlsbad, CA 92008
I CLIENT N0.W 2000
!
N? 18261
Comprehensive general liability policy I. $144.00
4.'
,' .
.I
. '!
I , .,
i
!
t