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HomeMy WebLinkAbout1982-11-23; City Council; 7214; Use of School Facilities and GroundsCI1 3F CARLSBAD - AGEND,. JILL AB* V* MTG. 11 DEPT. P >/v 23-82 o r>e: i\ T''^^: Agreement Between City of Carlsbad and the Carlsbad Unified School District for the use of School Facilities and Grounds DEPT. \\V.£&— CITY ATTY\/fA CITY MQR. ^£ occQ_O_ O§ o 8 RECOMMENDED ACTION: City Council adopt Resolution No. 'Jo7d, approving the agreement between the City of Carlsbad and the Carlsbad Unified School District allowing the City to use the school facilities and grounds for recreational programming. ITEM EXPLANATION: As a result of meetings between City Council members, Board of Trustee members elected to a Coordinating Council, the City Manager, and the District Superin- tendent, an agreement between the City and the Carlsbad Unified School District has been reached to allow the City to use school buildings, grounds, playgrounds, and multi-use athletic areas for recreational uses. The basic content of the agreement delineates the responsibilities of both parties for field and building maintenance. The agreement does not include either the municipal swimming pool or the Cultural Arts Center. The City Attorney drafted the original agreement, and it has been revised by the District's attorney for form and content. The underlined print in the attached Exhibit contains the changes and additions made to the original contract by the School District. Maps have also been added at the end of the agreement to clarify the school locations. FISCAL IMPACT Maintenance of grounds @ 6,000/Ac/Yr Tennis Court Maintenance Administration Cost @ 20% Total Cost Per Year Future Renovation Cost $61,800 10,000 14,360 $86,160 '$5,000 Funds are available in the 1982-83 Parks ?; Recreation Puciget. PARKS & RECREATION COMMISSION At their November 15, 1982 meeting, the Parks ?:•. Recreation Commission unanimously recommended approval of the agreement with the exception of Section 1Q-F. The Commission suggested that the fee be $30 minimum and $60 maximum per day. i EXHIBITS A. Resolution No. 70'7Q B. Agreement A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SHCOOL DISTRICT FOR USE OF CERTAIN DISTRICT & CITY FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 7 1. That certain agreement between the City of Carlsbad and the 8 Carlsbad Unified School District for joint use of certain District and 9 City facilities, a copy of which is attached hereto marked Exhibit "A" 10 and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized 12 and directed to execute said agreement for and on behalf of the City of 13 Carlsbad. 14 23 24 25 26 27 28 RESOLUTION NO. 7070 adjournedPASSED, APPROVED AND ADOPTED at a/regular meeting of the City Council 15 of the City of Carlsbad, California, held on the 23rd day of Nov., 1982, 16 by the following vote, to wit: 17 AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott NOES: None 19 ABSENT: None 20" 21 22 U • v. <^<£-.:? £JL^_ MARY H. CASpR, Mayor ATTEST: ALETHA I7~RADTENl^NZ7Ti tyCler (SEAL) JOINT USE AND COMMUNITY RECREATION AGREEMENT BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT AND CITY OF CARLSBAD THIS AGREEMENT, made and entered into this day of , 1982, by and between the City of Carlsbad, a municipal corporation, hereinafter called "City" and the < Carlsbad Unified School District, State of California, hereinafter called "District". WITNESSETH WHEREAS, the governing bodies of the City and the District are mutually interested in an adequate program of community recreation under the auspices of the City Parks and Recreation Department; and in cooperation with the District; and WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7 of Division 1, Title 1 of the Education Code of the State of California (sections 10900 et. sec.) to organize, *f . promote, and conduct a community recreation program and activities within or without their territorial limits; and w WHEREAS, said governing bodies are authorized to enter into agreements with each other, to. promote the health and general welfare of the community and contribute to the attainment of the general recreation objectives for children and adults within the community; and WHEREAS, the City has established a Parks and Recreation Department responsible for carrying out the purposes of community recreation; and WHEREAS, in the interest of providing the best service with' the least possible expenditure of public funds, cooperation between the City and the District is necessary; NOW, THEREFORE, the City and District agree as follows: 1. The District will make available to the City any school buildings, grounds, playgrounds, and multiuse athletic areas« ("school facilities") for the purpose of conducting a diversified community recreational program. 2. The use of school facilities shall be in accordance with the regular procedures of the District in granting requests for use of school facilities as specified by Chapter 10 of Part 7 of Division 1, Title 1 of the Education Code for the State of California and the policies, rules and regulations of the Governing Board. ''.-••••'.•• 3. The' recreation program conducted by the City on school facilities shall be open on equal terms to all persons residing » within the boundaries of the District and City, but such partici- pation shall be subject to rules and regulations adopted by the « ' - City Council and the School District. i 4. A schedule of dates f.or the use of the District facilities will be worked oat in advance by the City in agreement with the District and that this schedule will be arranged as to '- 2 - avoid conflict between school and recreation use; that in the scheduling of said facilities, school events and programs shall have first priority and recreation programs, established by the Parks and Recreation Department, shall have second priority, and any other events by other groups or agencies shall have third priority. 5. In the event of any dispute or difference arising as a result of the recreation program being conducted on City facilities, on the sites jointly used, or as to the use of a « District facility, then, in that event, said dispute or difference shall be settled and arbitrated by appealing to the City Manager and Superintendent of the District, in accordance with established policies and procedures of the District and City. 6. The Parks and Recreation Department will provide or cause to be provided all expendable materials, i.e. bats, balls, etc., necessary for carrying on its recreation program for all ages that will be conducted on the facilities. 7. The City may install and maintain sprinkler systems, 0turf, playground/equipment, fencing and additional recreational equipment not in conflict with school use, on school property in areas selected by the City Manager, subject to the prior approval by the Superintendent of Schools. Any installations of equipment or constuction of facilities, for community recreation purposes, shall be at the City's costs and meet standards established in the California Education and Administrative Code. - 3 - 8. All structures constructed on the site and all personal property placed or installed thereon by City and owned by City (the "improvements"), shall remain the property of City. At the termination of the agreement, City may remove the improvement, unless District indicates its election within thirty days after such notice of termination, to acquire the Improvements, in which case title thereto shall vest in District without the necessity of formal documentation of transfer. In the event that the City removes its improvements, any danVage caused by such removal shall be •immediately repaired by the City, and the premises restored to the condition in which they existed prior to the installation of such improvements. A'ny improvements not removed by the City within 60 days shall become the property of_the Pistrict. If District exercises its right to acquire the Improvements, District shall reimburse City for the Improvements in an amount equal to the fair market value of the Improvements. F^ir^ jnarket value , as used herein, means a price not to exceed the sum paid by the City for such Improvements, less an amount for use, wear and tear. The expense ' r-.^T.-.-jnur- - — * of such appraisal shall be borne equally by both parties. In the event the parties shall not agree upon said appraiser, the presiding judge of the Superior Court for the State of California, County of San Diego shall appoint the appraiser. 9., It is further agreed that plans and specifications for the placement of all equipment, facilities and permanent improvements upon school property and the type, design and construction thereof, shall have the prior approval of the Superintendent r-f Schools prior to any installation thereof. 10. The District and the City agree to use and maintain the following specific school grounds and facilities: A. City has the option to schedule use of school grounds, excluding the Carlsbad High School, for community i recreation, provided the City pays 50 percent of the cost of renovation of tu'rfed areas used by City. B. City will maintain portions of the following school properties: Magnolia 4.6 acres Jefferson 2.7 acres Pine Ball Field 2.0 acres Pine Soccer Field 1.0 acres Total 10.3 acres , C. District will maintain the following school r ' . properties: . Valley Junior High ^ 7.5 acres Kelly 2.8 acres i Total . '10.3 acres D. District and City will share maintenance of 2.3 acres at Buena Vista, each being responsible for six months of any one year. i - 5 - .7 E. City will schedule the after-school, weekend, holiday and summer use of all school grounds except the high school. F. The District will maintain and schedule the high school grounds and gymnasium. The City may utilize the gymnasium for an hourly fee of $30.00. The City will provide an on-site supervisor at all times. The locker room will not be available to the public. G. City will maintain and schedule the community« use of the high school tennis courts subject to the school paying 50 percent of the cost for nets and reconditioning of the courts. 11. Except as expressly provided in this agreement the District shall be responsible for all costs relating to maintenance, repair and replacement of District owned and maintained facilities and grounds. 12. For the purposes of this agreement, all persons employed in the performance of services and functions for City shall be deemed City employees and no City employee shall be * considered as an employee of the District or under jurisdiction of the District, nor shall such City employees have any District « pension, civil service, or other status while an employee of the City. . The District shall not be responsible for the payment of any salary, wage or other compensation to any City personnel performing services hereunder for City. City shall not be liable - 6 - for compensation or indemnity to any District employee for injury or sickness or wages arising out of his/her employment with District 13. The District agrees that during the time that the City has use of school facilities, City may charge such admissions and fees for'tht said use of facility. All monies so levied and collected by the City shall be and remain the property of City. However, no event for which an admission price is charged shall be held pursuant to this agreement except amateur athletic contests, demonstrations or,exhibits, and other educational and non-commercial events. In the use of school facilities under this agreement, City agrees to comply with all of the requirements of the Education Code of the State of California setting forth the limitations, requirements and restrictions on the use of school facilities. 14. It is understood and agreed that all activities on school facilities sponsored by District shall be supervised and conducted by District, and that all activities sponsored by City, pursuant to this agreement, shall be supervised and conducted by City. Each party shall be responsible for said areas during their period of use, will bear the costs of all necessary supervising or teaching personnel during said period. 15. Insofar as it is legally authorized, the District i . shall hold free and harmless the.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 or injury to or death of persons, received or suffered by reason of any defec- tive or dangerous condition of any ground, site, building, equipment, play areas recreation facilities or other improvement located on the premises owned and maintained by District, or participation in any activity carried out or sponsored by the District, and further the District shall be responsible for any and all damages to property caused as a direct result of any school activity being conducted on said premises by the District. The District shall carry property damage and public liability insurance that cover the areas and activities set forth in this agreement. The City's property damage and public liability insur- ance shall include all areas and activities set forth in this agreement under their self-insurance program. Each party shall furnish the other party with a copy of their policies. Insofar as it is legally authorized, the City shall hold free and harmless the District, members of the Board of Trustees, 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 City recreational program upon said premises, by reason of its development of the athletic fields on the property or its performance of its obligations under this agreement, further, the City shall be responsible for any and all damages to property caused as a direct result of any recreational activity being conducted on said premises by the City. . . - • 1° The parties aereto acknowledge that th. re have been no representations made by either to the other not contained herein upon which either party is relying which has induced execution herein. This agreement embodies the entire (agreement and under- standing between the parties hereto relating to the subject matter hereof. 16. The term of this agreement shall be for a length of ten years renewable on a year to year basis thereafter by mutual agreement. In addition, the terms'of this agreement may be modified at any time by mutual consent and written agreement of the respective parties. 17. Nothing in this agreement shall be construed to prohibit the Board of Trustees 'from participating financially in a specific recreation program when mutually agreed upon by the Board of Trustees and the City Council. 18. This Community Recreation Agreement may be terminated by either party as of June 30 of any fiscal year for any reason upon at least 180 days' written notice to the other. ATTEST: ALETHA L. RAUTENKRANZ City Clerk ROVED AS-VrO FORM: ^f^. -^ y—-r. L*/j- ^_-- —rr. ri N CENT F. BI ON DO, J City Attorney CITY OF CARLSBAD, A municipal Corporation of the State of California By.MARY H.. OASLER, Mayor CARLSBAD UNIFIED SCHOOL DISTRICT i Philip Grignon, Ed.D. District Superintendent By ; ; Thomas L. Curtin , M.D., President Board of Trustees -• 9 - /ALLEY UOWC SCHOOL AH* tMrrt • tines:ere* tw- j-* ct nr • (•"**• f** ,rW^i*-i»''1VJ oc. * II FT. 9^0 •*""f~ ,«li. /7/^-^~. iii»jj$l (tf'&r-iivj**)% 7 V o» JA. Cfi. CA CR. iilLf J~» IT.' CJL C*. ct (?/*£// /!*£/< JXrri. Ct. 3~ SKX. 'x».£v». e ^ i I Tc*f. Cut fef. ".« ri-i \ c/e. |>. l-«"LV'/X, CA . CA. C/, V$ § «0 ,S tl ^ V *i ^ Ul5$ I 55vT O T i t- to "V t't H "£ CO H CJ (J % o •*? v:u £ I, V ?v - ^5 i .. o ^ s r t*3 ° > ?. *( tfJV 1. uO »- •=> |: o * » =w S ^ *- u "C*^ t - V w • ? fl *- *i S^s •^ v>ur £U CAi ?I ° ^ l*f 1 21 2 0 LIBRARY 11 19 12 18 • 13 17 14 16 ART ROOM 15 5 4 6 3 * 7 2 ' • :ri 8 9 1 __a LOUi WORK FT !GE 0 !OOM L. RESOUF ROOM :E KITCHEN AUDITORIUM -jroo'Fr. 5?•n *r- r t> v^i:5. ^tt L« ~ >01ss I •n rt of-o I. FIRE DRILL DEPLOYMENT ROUTES LIBRARY MEDIA CENTER — ? * WORKROCW OFFICE NURSE r?