HomeMy WebLinkAbout1981-09-15; City Council; 6747; Agreement for maintenance and use of Levante Park.
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MTG. 9/15/81
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CIT. 3F CARLSBAD - AGENDA &ILL
TITLE: Agreement for Maintenance and Use
of Levante Park
IClTY MGR. % DEPT. PER I
RECOMMENDED ACTION:
City Council adopt Resolution No. 64 ?&approving the contract between the City of Carlsbad and the Encinitas Union Elementary School District for the use of Levante School Park and authoriz- ing the Mayor to execute the agreement.
ITEM EXPLANATION:
The agreement between the CAty and the Enc-nitas 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 Levante Community Center. Specifically, Section 7 of the Agreement where it was added that the building will be made available for school district use with City approval.
Superintendent Donald Lindstrom has reviewed the attached documents and concurs with 'the proposed agreement.
submitted to the Encinitas School Board for approval at their next
meeting.
This agreement will be
FISCAL IMPACT:
The Parks division will continue to maintain the park, restroom
facilities and new recreation center at an annual cost of $29,000.
EXHIBITS:
A. Agreement for joint use of Levante Park.
B. Resolutio Encinit as
No. && 7-< authorizing executio Union Elementary School District.
CITY MANAGER'S NOTE:
€ re ment with
Agreement provides that City will maintain landscaping, restrooms
and recreation building, and pay electricity charges. District will pay for repairs to restrooms and water and sewer charges.
City has priority use of building during non-school hours. District
has priority use during school hours. District must notify City two
weeks in advance if school wants to use Recreation Building.
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RESOLUTION NO. 6675
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT BETWEEN THE CITY 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 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 Encinitas Union Elementary School District for use of Levante
School site for a community recreation program, a copy of which
is attached hereto marked Exhibit "A" and. made a part hereof, is
hereby approved.
2. That the Mayor of the City of Carlsbad is hereby author-
ized 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, California, held on the
15th day of Sqtder , 1981, by the following vote, to wit:
AYES: Council Me&exs Packard, Casler, hear, Lewis and Kdchin
NOES: None
ABSENT: None
ATTEST : A
ALETI-IA L. RAUTENK ANZ, City Cler
(SEAL)
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AGREEMENT FOR MAINTENANCE AND
USE OF LEVANTE SCHOOL SITE, LA COSTA, BETWEEN THE CITY OF
CARLSBAD AN13 ENCINITAS UNION
ELEMENTARY SCHOOL DISTRICT
THIS AGREEMENT is made and entered into this day of
, 1981, by and between the City of Carlsbad, a municipal
corporation, hereinafter referred to as the "Cityff, and the Encinitas
Union Elementary School District, San Diego County, State of California,
hereinafter referred to as, the "District".
W I T N E S S E T H:
WHEREAS, in order to promote and provide for th?. 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.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
WHEREAS, the operation of a community recreation program
on a school district site 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 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'l, 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
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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;
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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 and a
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
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equipment as may 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 shall at all times 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 jurisdiction
and control of the Parks and Recreation Commission of the City.
Said program shall consist of activities and at that
level as determined by the City Council or its authorized repre-
sentative.
For the purpose of coordinating the activities herein ..
contemplated, the City hereby appoints its Parks and Recreation
Director as the representative of the 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 placed, used
and maintained at no cost to--the District:andzthe--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 retain the District park site
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. for City-owned relocatable recreation building for a minimum of
seven years commencing January 1, 1981.
7. The School District shall have the priority of use
of the site, building, or any part thereof, during regular school
hours (8:OO a.m. to 3:OO p.m.1 on such days that the "Levantetl
School is in session.
The City shall have priority of use of the site,
building, or any part thereof, during non-school (Levante) hours,
(3:30 p.m. to 11:OO p.m. on non-school days.) However, the City
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shall be given written notification two weeks in advance of any
intended use of the building by the School District. The responsi-
bility of scheduling of the building, for community department use,
shall lie with the City as per Council policy.
8. All pers0n.s 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. i
Said District shall not be called upon to assume any +
liability for the direct payment of any salary, wage, or other com-
pensation 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.
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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 1
responsible and to pay all charges that it should incur in respect
to the operation of this recreation program, including the cost of i
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service of its employees as well as incidental costs in connection
therewith. The District covenants and agrees to pay all costs of
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 necessarv chemicals; and cleaning and
stocking the restroom facilities at the expense of the City. -
12. The District shall be responsible for all repairs
necessary to maintain the restroom and storage facilities and all
playground equipment in a safe and usable manner. The District
shall make such repai,f!s within a reasonable time after being re-
quested by the City.
13. No alterations, improvements or additions shall be made
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by City without prior written approval of District. Any and all
alterations, improvements or additions shall be made and performed
in a good workmanlike manner and in accordance with all statutes,
ordinances and .regulations applicable thereto.
14. The District shall provide and pay for a11 water and
sewage utilities necessary to maintain and operate the grounds and
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restroom and storage facilities.
15. The City shall provide and pay for all electrical
utilities necessary to maintain and operate the grounds and restroom
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 Munici-
pay, 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 liability
which may arise by reason of liability imposed by law because of
injury to property OP injury to or death of persons, received or
suffered by reason 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 sponsored
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 liability which may arise by reason of
Piability 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
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property caused as a direct result of any recreational activity
. being conducted on said premises by the City.
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.
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19. Except as hereinafter provided, this agreement shall
terminate 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
c agreement may be terminated at any time by either party hereto upon
sixty days written notice.
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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. PACKAKD, Mayor City Clerk
ATTEST :
Mary Jo Nortman, Clerk
Board of Trustees
ENCINITAS
DISTRICT
UNION ELEMENTARY SCHOOL
G. Ronald Smith, President
Board of Trustees
Donald E. Lindstrom, Superintendent
and Secretary, Board of Trustees
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APPROVED AS TO FORM:
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SCHOOL DISTRICT COUNSEL
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