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HomeMy WebLinkAbout1981-05-19; City Council; 6600; Agreement for Maintenance and Use of Levante Park-. *- f ' Agreement for Maintenance and Use of Levante Park Statement af the Mztter --_-- The agreement between the City and the Encinitas Union Elementary School District for the use of Levante Park/School has expired. Staff and the Attorney's office has reviewed and made appropriate changes which include * the new recreation center. < The School District and its board has reviewed and signed the attached document. Fiscal ImDact The Parks division will continue to maintain the park, restroom facilities and new recreation center at an annual cost.of $29',000. Parks and Recreation Commission .The Parks and Recreation Commission has reviewed and recommends approval of agreement. Exhibits 1. Resolution No.. 643Q authorizing execution of agreement with Enchitis Union Elementary School District. 2. Agreement for joint use of.Levante Park. Recommehdation * That City Council adopt Resolufion No. 4530 approving the contract between the City of Carlsbad and the Encinitas Union Elementary School District for the use of Levante School Park and authorizing the Mayor to execute the agreement. Council Action : 5-19- 81 Council adopted.Eksolution No. 6530, aproving the contract with the Encinitas kion .Elementary School Dsitrict for use of Levante School Park, with the addition of the words on page 4, Section 7, line 3, after theword priority, insert "with the exception of the building". 1 2 3 4 5 6 7 a 9 lo; 11 12 13 14 15 16 * 17 ia 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6530 A RESOLUTION OF THE CITY COUN IL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CTTY OF CARLSBAD AND THE ENCINITAS UNION ELEMENTARY SCHOOL DISTRICT FOR USE OF LEVANTE SCHOOL SITE FOR A COMMUNITY RECREATION PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SA1 D AGREEMENT. The City Council of the City of Carlsbad, California, does iereby resolve as follows: 1. That ceritain agreement between the City of Carlsbad and the Encinitas Union Elementary School District for use of Levante School ;ite for a community recreation program, a copy of which is attached hereto narked 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City :ouncil of the City of Carlsbad, California, held on the 19th day of 1981, by the following vote, to wit: May , AYES: NOES: None- Council Menibers Packard, Casler, hear & Kulchin \TTEST: (SEAL) . .- AGREEMENT FOR NAINTENANCE AND USE OF LEVANTE SCHGOL SITE, LA COSTA, BETWEEN THE CITY OF CARLSBAD AND ENCINITAS UNION ELEMENTARY SCHOOL DISTRICT THIS AGREEMENT is made and entered into this 5th day of May , 198l", by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as the "City ," and the Encinitas Union Elementary School District, San Diego County, State of California, hereinafter referred to as .-the "District. '' * i W I T N E S S ET H:. 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 far a cowmunity recreation program on the Levante School site within the City; and WHEREAS, the City has heretofore created and established a Park and Recreation Commission and has developed and established a park program and desires to employ persons qualified to supervise, direct, and conduct a recreation program for the City of Carlsbad; and ' I WHEREAS, the operation of a cDmmunity recreation program on a school district sit; or with school district facilities, through the City Park and Recreation Department, when said site or facilities are not in use by the District, will pron?ote the health and welfare of the community and will contribute to the attainment of the general recreation objectives for children and .. Agenda No. 3.6(b) / Xay 5, 1981 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 community recreation center within and without their territorial limits ; and 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 Levante School Site and does not intend to use said site until such time as construction of a school facility therein is begun, but desires that the City shall have the use of said site for community recreational purposes and for location of a City-owned recreation building; 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 landscaped grounds, restroom facilities, storage areas, all playground equipment an2 z . site for'a City-owned relocatable building located in the area known as the Levante School site, Parcel No. .24, Lot No. 250 as shown on -. San Diego County Assessor's Map No. 7457. 2. The City of Carlsbad, through its Park and Recreation Commission and Park and Recreation Department, agrees to conduct, maintain, and operate 'on said site and on such facilities and Agenda No. 3.6(c) -2- May 5, 19s1 . I equipment as nay be made available by the District and City, a program of supervised recreation and the City agrees to supply all necessary supervision, leadership, planning, and personnel for , the maintenance and operation of said program. 3. The City sfiall at all tines be responsible for the planning and operation of the recreation program, as well as 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 or its employees. 4. The recreation program shall be under the jurisdication and control of the Parks and Recreation Comtission of the City. Said program shall consist of activities and at that level as determined by the City Council or its authorized representative. For the purpose of coordinating the activities herein contemplated, the City hereby appoints its Parks and Recreation Director as the representative of t'ne City and the City's Park and Recreation Commission, who shall be the responsible manager of the recreation program, and shall coordinate all aspects of this program with the District, its governing Board, and the Park and Recreation Commission of the City. 5. The City-owned relocatable building will be placeg, used and maintained at no cost to the District and the City will remove or bring the building to ' State Department of Architecture standards at no cost to the district when a school is placed on the site, 6. City shall be allowed to ret'ain the District park site -3- Agenda No. 3.8( d) >.lay 5, 1981 - c . for City-owned relocatable recreation building for a minimum of seven years commencing January 1, 1981. 7. City shall be allowed to use the site for its recreational programs from 8:OO A.M. until 11:OO P.M. daily. Howevermt 9 District shall have priority& the use of the site or any part th exception of the building,^' ’ -43 2 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. 8. All persons employed in the performance of services and functions for said City shall be deemed City employees and no City employee as such 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 or like while an employee of the City. Said District shall not be called upon to assume any liability for the direct payment of any salary, wage, or other compensation to any City personnel performing services hereunder for said City, or any liability other than that provided for in this agreement. Said City shall not be liable for compensation or indemnity to any District employee for injury or sickness or wages arising out of this employment with said District. 9. It is further convenanted and agreed, except as otherwise provided, neither party shall be responsible to the other party for the cost of this program. The City convenants and agrees to be responsible and to pay ail charges that it should incur in respect to the operation of this recreation program, hcluding the cost of service of its employees as well as incidental costs in connection therewith. The District covenants and agrees to pay all costs of Agenda No. 3.6(e) May 5, 1981 -4- . its employees necessary in connection with this program and said District further covenants and agrees that no rental charge or fee will be imposed on the City in’respect to the operation of this program. 10. The recreation program conducted by the City shall be open to participation by all students residing in the District and residents of Carlsbad, but such participation shall be subject to any rules and regulations adopted by the Park and Recreation De- partment of the City. 11, The City shall maintain the landscaped area by mowing, fertilizing and edging the grass; maintaining the installed irrigation system; applying necessary chemicals; and cleaning and stocking the restroom facilities at the expense of the City. 12. The District shall be responsible for all repairs nec- essary to maintain the restroom and storage facilities and all playground equipment in a safe and usable manner, The District shall make such repairs within a reasonable time after being re- quested by the City. 13. No alterations, improvements or additions shall be made by City without prior written approval of District. alterations, improvements or additions shall be made and performed Any and all in a good workmanlike manner and in accordance with all statutes, ordinances and regulations applicable thereto. . 14. The District shall provide and pay for all water and sewage utilities necessary to maintain and operate the grounds and restroom and storage facilities. 15. The City shall provide and pay for all electrical util- ities necessary to maintain and operate the grounds and restroom Agenda No. 3.6(f) May 5, 1981 -5- and storage facilities and recreation building. 16. 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 Munic- ipal, County, State and Federal ordinances, codes, statutes and regulations now in force or which may hereafter be in force appli- cable to the grounds, restroom and storage facilities and equipment. 17. Insofar as it is legally authorized, District shall hold free and harmless 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 liabil.ity 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 peason of any defective or dangerous condition or 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 sponsore'd by the District under Paragraph 7 hereof. 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 1iability.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 and, further, -. the City shall be responsible for any and all damages to school property caused as a direct result of any recreational activity being conducted on said premises by the City. Agenda No. 3.6(g) May 5, 1981 18. The City further covenants and agrees during the term of this agreement, to maintain liability insurance, insuring said City, as well as said District, its' officers and responsible employees, from any liability that might arise because of negligence, negligent act, or omission on the part of any City Officer or employee during the course of, and arising out of, the performance of this agreement. 19. Except as hereinafter provided, this agreement shall ter- minate on the 1st day of January, 1988 and will be automatically renewed on a year to year basis until such time as the City or District notifies the other party that a termination is desired as hereinafter provided. 20. Subject to the provisions of Paragraph 6 hereof, this agreement may be terminated at any time by either party hereto upon sixty days written notice. ! -7- Agenda No. 3.6(h) blay 5, 1981 IN WITNESS WHEREOF, the parties have executed this agreement on the day and year written above. , ATTEST : CITY OF CARLSBAD, A Municipal Corporation of the State of California RONALD C. PACKARD, Mayor ?, :.City Clerk 4' 'a% a. 'e, e ATTEST: ENCINITAS UNION ELEMENTARY SCHOOL DISTRICT Board 6f -Trustees Board of Trustees TO FORM: L and Secretary, Board of Trustees APPROVED .AS TO F0RT.I: . SCHOOL DISTRICT COUNSEL Agenda KO. 3.6( i) .'\!ay 5, 1981 -8-