HomeMy WebLinkAbout1982-11-23; City Council; 7214; Use of School Facilities and GroundsCI1 3F CARLSBAD - AGEND,. JILL
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T''^^: Agreement Between City of Carlsbad and the
Carlsbad Unified School District for the use
of School Facilities and Grounds
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CITY ATTY\/fA
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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.
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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.
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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,
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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
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City Council and the School District.
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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
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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.
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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
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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
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properties: .
Valley Junior High ^ 7.5 acres
Kelly 2.8 acres
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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.
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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
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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
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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
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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
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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.
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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
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