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HomeMy WebLinkAbout1982-04-06; City Council; 6920-1; Boys and Girls Club Request to use Levante School- - CI1, 'JF CARLSBAD - AGENDh BILL 4B#M MTG. 4/6/82 1EPT.p R TITLE Boys and Girls Club Request to use Levante School/Park Site. DEPT. HD. - CITY AllY m CITY MOR. * RECOMMENDED ACTION: City Council adopt Resolution No. (,,834 approving the sub-lease between the City of Carlsbad and the Carlsbad Boys and Girls Club to construct a temporary facility at Levante School/Park site to provide activities and programs. ITEM EXPLANATION: The Carlsbad Boys and Girls Club wants to expand their programs in the south Carlsbad area. Theyare in the process of looking for a perman- ent site. During the interim, they are requesting permission from the City to construct a temporary facility at the Levante School/Park, utilizing grant funds. The proposal calls for a 1,200 to 2,400 square foot portable building that will be designed to fit the decor of the community center and the neighborhood. In addition, landscaping will be provided for aethetics. At the Parks and Recreation Commission meeting, two individuals from the neighborhood expressed concern about the building decor, landscaping, adequate parking, and increased use. The Department also received one letter pertaining to this matter. However, staff feels that these problems will be resolved. The City currently has an agreement with the Encinitas School District to provide recreational facilities and Drograms. The School District has given their permission to the Boys and Girls Club, subject to the City approving a sub-lease. The programs offered by the Boys and Girls Club will not duplicate or have a negative impact on the Parks and Recreation Department's nor the La Costa Youth Organization's activities. Dan Sherlock, Executive Director of the Boys and Girls Club, will be available to answerany questions. PARKS AND RECREATION COMMISSION: At their March 15, 1982 meeting, the Parks and Recreation Commission unanimously recommended approval of the Boys and Girls Club request. FISCAL IMPACT: There will be no City funds required. Maintenance around the facility will be performed by the Boys and Girls Club. EXHIBITS : A. Resolution No. 6p3 ? R. Agreement between the City of Caysbad and the Carlsbad Boys and Girls Club to construct a temporary Sacility at Levante School/ Park site. / . - -- I _+ AGREEMENT FOR IlAINTENAbJCE AND USE OF LEVANTE SCHOOL 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 , 1981, 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. W I T N E S S E T 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 for a corrtmunity 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 df 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 arid will contribute to the attainment of the general recreation abjectives for children and Agenda No. 3.(;(b) h1a.y 5, 1981 EXHIBIT "A" -_ .b adults within the community; and WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7, Divisj-on 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 linits; 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 cpst to the City for -. . 8 outdoor recreational activities the use of the landscaped grounds, restroom facilities , storage areas , all playground equipment an2 c! si-te 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 saj.d site and on such facilities and -2- Agenda No. 3.6(c) E. id May 5, 1981 .. -- 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 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 jurisdication and control of the Parks and Recreation Commissiorn 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 pui-pose 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 coordin9te all aspects of this program with the District, its governiny Board, and the Park and Recreation Commission of the City. e . 5. The City-owned relocatable building will be placed, 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 retain the District park site -3- Agenda No, 3.6(d) May 5, 1981 - . for City-owned relocatable recreation building for a minimum of seven years commencing January 1, 1981. 7. Cit.y shall be allowed to use the site for its recreational programs from 8:OO A.M. until 11:OO P.M. daily. However, the District shall have priority in the use of the 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. 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 all charges that it should incur in respect to the operation of this recreation program, including 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. Any and all * alterations, improvements or additions shall be made and performed in a good workmanlike manner and in accordance with all statutes, ord?mmces and regulations applicable thereto. 14. The District shall provide and pay for all water and sewage utilities necessdry 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 -5- Agenda No. 3.6( f) May 5, 1981 i 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 liability which may arise by reason of liability imposed by law because of injury to prqperty or 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 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 danlages.to school property caused as a direct result of any recreational activity being conducted on said premises by the City. Agenda No. 3.6(6) May 5, 1981 'I c & <- . I. -4- 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. . 'Agenda No. 3,6(h) May 5, 1981 - IN WITNESS WHEREOF, the parties have executed this agreement on the day and year written above. ATTEST: CITY OF CARLSBAD, A Municipal , C.orporation of the State of California ALETHA L. RAUTENKRANZ , RONALD C. PACKARD, Mayor City Clerk ATTEST: ENCINITAS UNION ELEMENTARY SCHOOL DISTRICT -7 Board of Trustees h - .and Secretary, Board of Trustees APPROVED AS TO FORM: _- SCHOOL DISTRICT COUNS- Agcnda No. 3.6( i) May 5, 1981 . 1 2 3 4 5 E 7 E 9 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. . ' 6839 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING OF CARLSBAD AND THE CARLSBAD BOYS AND GIRLS CLUB TO CONSTRUCT A TEMPORARY FACILITY AT LCVANTE SCHOOL.SITE FOR A ZING THE IlIAYOR TO EXECUTE SAID AGREEMEIJT. A SUB-LEASE AGREEMENT BETWEEN THE CITY COMMUNITY RECREATION PROGRAM AND AUTHORI- The City Council of the City of Carlsbad, California does hereby resolve as follows: 1.. That certain sub-lease agreement between the City of Carlsbad and the Carlsbad Boys and Girls Club to construct a tem- porary facility at Levante Schoo.1. 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 Cj-ty of Carlsbad, he'ld on the 6th day of April , 1982, by the following vote, to wit: AYE s : Council Members Casler , hear, LRwis and Kulchin NOES: None . RONALD C .' PACKARD, Mayor ATTEST: .ALCTNA Li RAUTENKRANZ; City ClerJd .' (SEAL) - -. I SUB-LEASE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD BOYS AND GIRLS CLUB TO CONSTRUCT A TEMPORARY FACILITY AT LEVAfUE SCHOOL SZTE. ., THIS AGREEMENT is made and entered into this day of , 1982 by and between the City of Carlsbad, a municipal corpo,stion, hereinafter referred to as the "City" and .. the Carlsbad Boys and Girls Club, a non-profit corporation, hereinafter referred to as the "Club". W I T N E S S E T H: WHEREAS, the City is lessee from the Encinitas Union Elementary SchoolDi'stri'crt,San Diego County, State of California, hereinafter= referred to as the "District.". of certain property according to the terms of that certain lease of land hereinafter referred to as "Master Lease" dated May 5, 1982, a copy of which is attached as Exhibit r'Ar' and by this reference incorporated herein; WHEREAS, the property sub-leased by this agreement in which a temporary facility will be constructed according to the terms of the Master Lease is located on the northwest corner of Levante School site, La Costa, adjacent to Levante Street, Parcel No. 24., ,, 'Lot No. 250 as shown on the San Diego County Assessors Map No. 7451. NOW, THEREFORE, THE CITY AND THE .CLUB agree. as follows: .. 1. City sub-leases to the Club for the non-exclusive use .' I .,. .'.'"''. .__. .. . :i: ".' ,. , . . ,:.5..;$> , ..- ..._ . ... of property on the &terms and provisions hereinafter set forth. . .. 2. Property is sub-leased for the purpose of rnaintainhg * ,. ' . . * L ..'I. and ope.rating a Boys and Girls Club and for no other,purpose. 3. The Club will install a temporary facility which will consist of a l,2OCl to 2,400 square foot. building that has decor appropriate for the surrounding community. This lease shall be for an indefinite term, but shall be subject to cancellation when the Club relocates in a permanent facility or at the sole discretion of either party hereto by giving to the other party sixty (60) days written notice of such cancellation. 5. Club srlall ($1.00) per year. . I' 6. Club shall pay to City as rental the sum of One Dollar not commit or suffer to be committed any waste upon the said premises, or any nuisance, or any other act or thing which may disturb the quiet enjoyment of the neighborhood in which the demised premises may be located. 7. Club shall pay for all water, gas, heat, light, power, sewer, telephone service, and all other service supplied to said premises. 8. Club shall, at i-ts sole cost, landscape the area sur- rounding the temporary building in a manner that is attractive and appropriate for the neighborhood. The Club will pay for the maintenance of this landscaped area. 9. Club shall not assign its interest under the lease or . any interest therein and shall not sublet property, or any part I::>.., :. .: . _. ... . ... . .. I ... ... I ;;.;,--:,:..:... /_. >: . ,. . ,, 1 .. I '. . Sa', thereof without prior written consent of City.' . -. . '... . __- 2, :. ,. , ,. . b 10. The' Encinitas Union Elementary. School District must give prior approval'for the.construction of the temporary facility. .. . 11. Insofar as it is legally authorized, City shall hold '> . .. . . , .*,: ,- ... : I ,* .. free and harmless Club, members of the Board of Directors, its employees, officers and agents while act.ing as such, from,all .. -2- p:' claims, loss, expenses or liability which may arise by reason - of liability imposed by law because of injury to property or injury to or death of person, received or suffered by reason of any defective or dangerous condition on any ground, site, .> building, equipment , play areas , recreation facilities or other improvements located on the premises owned or maintained by the City. ,. Insofar as it is legally authorized, Club shall hold free and harmless City, members of the City Council, boards or Commissions, its employees, officers, 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.recreationa1 programs upon said premises and, further, the Club shall be responsible for any and all damages to District or City property caused as a direct result of any recreational activity being conducted on said .. premises by Club. -12. The Club further covenants and agrees during the term of this agreement, to maintain ll’ability insurance, insuring said Club, as well as said City, its officers and responsible employees, from any liability that might arise because of , .*. - .: .. negligence, negligent act, or omission on thp_ part of any Club officer or employee during the course of, and arising out of, I .. ,the performance of ‘this agreement. -3- u .- -. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year written above. ATTEST: ALETHA L. RAUTENKRANZ City Clerk CITY OF CARLSBAD, A Municipal Corporation of the State of California .. RONALD c. PACKARD, Mayor ATTEST : CARLSBAD BOYS AND GIRLS CLUB DAN SHERLOCK Executive Director JOE HOLT President, Board of Directors -4- i