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HomeMy WebLinkAbout1984-01-17; City Council; 7618; AGREEMENT FOR USE OF HARDING COMMUNITY CENTER BY THE SENIOR CITIZENS' ASSOCIATIONIs-* cl 0 e a. e * !2 2 a 0 6 8 =! 0 2 3 CIT~F CARLSBAD - AGENDAQLL AB# 7' l p TITLE: AGREEMENT FOR USE OF HARDING DEPT. t MTG. 1/17/84 COMMUNITY CENTER BY THE SENIOR CITY A7 CITIZENS' ASSOCIATION DEPT. P&R CITY M RECOMMENDED ACTION: - * City Council adopt Resolution No. 7q76 approving the agr for use of Harding Community Center by the Senior Citizens' As tion and authorizing the Mayor to execute the agreement. ITEM EXPLANATION : At their meeting on December 7, 1983, the Council approved the of certain portions of Harding Community Center by the Senior Citizens' Association. The current agreement with the Associa must be terminated and a new one approved. Highlights are : 1. Association may remodel the kitchen with prior approval by City . 2. Association will have use of the Recreation Hall from 10 a to 2 p.m., Monday through Friday, and exclusive use of the north section of the center building. Scheduling of the center will still be done by Parks and Rc tion. Priorities for use will be: (1) City, (2) Senior Citizens' Association, and (3) others. 3. 4. The Association will be required to pay $150 for use of thc auditorium on Saturday evenings for the bingo fund-raising activii ty . The Association will provide their own funding for any rem( ing or refurbishing of the facility. City will pay for utilities except telephone. 5. 6. 7. Association will provide one million liability insurance naming the City as additional insured. EXHIBITS: 1. Resolution No. 7q776 2. Agreement with Senior Citizens' Association -, 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2% e 0 RESOLUTION NO. ?/!76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT FOR USE OF HARDING COMMUNITY CENTER BY THE SENIOR CITIZENS' ASSOCIATION. The City Council of the City of Carlsbad, Californ does hereby resolve as follows: 1. That certain agreement between the City of Car and the Senior Citizens' Association for use of Harding Community Center, a copy of which is attached hereto and mat part hereof is approved. 2. That the mayor of the City of Carlsbad is herel authorized and directed to create said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting the City Council of the City of Carlsbad, California, held ( the 17th day of J~W , 1984, by the following vote wit: AYES : NOES: None ABSENT: None Council Wmbers Casler, Lewis, Kulchin, Chick d P i/ ~ li &d2, -2--%--L-f MARY H. C SLER, Mayor ATTEST: ALETHA L. RAUTE (SEAL) e * AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAO, CALIFORNIA AND THE CARLSRAD SENIOR CITIZENS ASSOCIATION FOR USE OF CERTAIN CITY PROPERTY COMMONLY KNOWN AS HARDING COMMUNITY CENTER. THIS PERMIT AGREEMENT is entered into by and between the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Carlsbad Senior Citizens Association, Inc. , a California corporation (hereinafter called "Association") and is made in reference to the following facts: A. The City owns a certain building located at 3096 Harding and is known This certain building is currently used for City as Harding Community Center. park and recreational purposes. 6. The Association seeks to use certain portions of the Harding Community Center in a manner that will increase the enjoyment of the public who use the property and enhance the City's park and recreational programs. C. The Association intends to use the property to provide social and recreational service to all Carlsbad citizens and particularly to Carlsbad senior citizens . D. Use of the certain portions of Harding Community Center by the Association will benefit the public health and welfare and will enhance the park and recreation programs of the City for the benefit of the general public. THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City agrees to permit the Association to use those portions of the Harding Community Center designated on "Attachment A" to this agreement, attached hereto and incorporated by reference, subject to the full and faithful performance of each and every obligation imposed upon the Association by this permit agreement. e 0 A 2. Association agrees to use the Harding Community Center to conduct social and recreational programs designed to promote the health, welfare and recreation of senior citizens and the general public and as a meeting place fol senior citizens and the general public and for any permitted other use. Excepi as otherwise stated in this agreement, prior approval of any use must be obtained from the City Manager or his designated alternate. 3. The Association may use the Recreation Hall at Harding Community Centc from 10 AM to 2 PM, Monday through Friday, for their nutritional programs. Thc Association shall have exclusive use of the north portion of the Center buildil at Harding Community Center. 4. The Association shall not allow any other organization or business to use those portions of the Harding Community Center reserved for the use of the Association. 5. The City reserves the right to permit and schedule the use of the The Cit! Harding Community Center by organizations other than the Association. through the City Manager or his designee, shall coordinate the use of the Harding Community Center to avoid conflict with scheduled Association activities. 3) others. 6. Priorities for use will be 1) City 2) Senior Citizen Association, All activities conducted by the Association at the Harding Community open to the members of the Association and to the general Center shall be public. 7. Association may charge a fee to persons participating in Association activities conducted at the Harding Community Center. The amount of such fees shall reasonably relate to the cost of the Association for conducting such activity and shall be approved in advance by the City Manager or his designee. - 2- e 0 8. Association agrees to comply with all applicable laws and will not erect any sign or install any fixture without the prior written consent of the city. 9. Association shall not assign or otherwise transfer its rights and privileges arising from this permit agreement. IO. 11. City shall make all required repairs to Harding Community Center. During the term of this permit agreement Association shall care for ar maintain in a clean, safe condition those portions of the Harding Community Center and contents and appurtenances thereto which the Association occupies a its own expense to the satisfaction of the City. 12. If Harding Community Center is destroyed beyond reasonable repair, th City, at its option, may reconstruct the Center or terminate this permit agreement and the parties shall bear no further obligations thereafter. 13. Association shall make no alterations to Harding Community Center or the Harding Community Center property without prior consent of the City. 14. The utilities, including water, shall be paid for by the City. The Association will, however, pay for their own telephone service. 15. 16. The Association will be allowed to remodel the kitchen in the The Association is responsible for all moving costs. Recreation Hall at Harding Community Center. City. refurbishing . The plans must be approved by tt' The Association will provide their own funding for any remodeling or 17. In order to provide funds for the operation of the Association's programs, the Association may establish civic and other services at Harding Community Center provided that the operation of such services does not -3- 0 0 significantly interfere with the provision of social and recreational services and programs. Council , Revenues from such services shall be reported monthly to the City 18. When the method of operation or quality and character of service rendered by the Association are not fully in compliance with the provisions of this agreement, or are not adequately meeting the needs of the public for reasons properly within the control of the Association, or if the Association violates any of the terms of this permit agreement, then the City, by the City Council, may terminate this agreement immediately and the parties shall have no further obligation thereafter, 19. For use of Harding Community Center as described herein during the term, the Association shall pay to the City the sum of $1.00 annually due and payable on the date of execution of this permit agreement by the City and annually on the anniversary date of the agreement, unless the agreement is otherwise terminated. 20. Association agrees to hold City totally harmless for all costs, expenses, claims and liability arising out of Association's use of the Harding Community Center. provision, Association shall maintain a policy of liability and property insurance with limits of $1,000,000.00 and naming the City as an additional insured and shall carry a policy of worker's compensation insurance covering an and all of the Association's employees, adequate insurance to cover any injury occurring to a volunteer providing service to the Association and arising out of the provision of that service. The insurance policies are subject to approval by the City. The Association shall be responsible for ensuring that the Harding Community Center is To substantiate the Assocation's ability to comply with this The Association shall also provide -4- .1 0 0 maintained in a safe condition and shall immediately inform the City of any condition which may render the building or any portion of the property unsafe. 21. At the conclusion of the term or the earlier termination thereof, Association shall surrender possession of the property to the City in as good order and condition as existed at the time of the commencement of the permit agreement with the exception of ordinary wear and tear. 22. This permit agreement shall take effect and the term shall commence upon the date of execution by the City and shall be automatically extended for successive one year periods, provided that Assocation has fully complied with the terms and conditions of the permit agreement and unless sixty days notice t termination is given by either party. Notwithstanding, anything to the contra] in this paragraph either party may terminate this agreement at any time by giving ninety (YO) days prior notice to the other. 23. Use of Harding Community Center by Association shall be subject to thf City's Park and Recreation Facilities Use Regulations provided, however, that the Association does not have to pay fees for use of Harding Community Center except for activities that are of a fund-raising nature. 24. The Association may use the Auditorium for bingo on Saturday evenings at a cost of $150 per night. Recreation Hall on Saturday evenings for bingo, the Association must pay an additional $150 per night. If the Association also requests the use of the 25. The prior agreement between the City and the Association dated Februai 22, 1980, entitled Agreement with the Senior Citizen Association for the Use 01 Magee House and Amendment to Agreement with Carlsbad Senior Citizen Associat io1 dated August 5, 1980 is superseded by this agreement and shall be of no furthei force or effect. -5- I e 0 .1 26. Association shall provide the Parks and Recreation Director with two sets of keys to all locks installed by the Association on the premises, except keys for any safe or safety box. EXECUTED this day of , 1984, by the parties as follows: CITY OF CARLSBAD, California, a municipi corpora t ion ATTEST : By : ALETHA L. RAUTENKRANZ, City Clerk WRY CASLER, Mayor CARLSBAO SENIOR CITIZENS ASSOCIATION, INC., a California corporation By : CHAIRPERSON /EXECUTIVE DIRECTOR APPROVED As TO FORM: VINCENT F. BIOWO, 3R., City Attorney By : DANIEL S. HENTSCHKE, Assistant City Attorney -6- A * CI > -I --I b 0 I z -I D 5 v a I -- e - -- a .^ " /"- a/ -- I z 0 rk rk 0 v) 0 W GI I BB 15 2z E 23. 5.m 0 rDEu ow 0 -). c -1 0 D 3 I Tu D - & z z -I 0 c z h -- -- -- 5 0 a P ,L c NOVEMBER 17, 1983 TO : CITY COUNCIL CITY MANAG& PARK 61 RECREATION DIRECTOR SENIOR CITIZENS' ASSOCIATION FROM: Mary Casl'er SUBJECT: USE OF HARDING STREET COMMUNITY CENTER BY SENIOR CITIZENS' ASSOCIATION The attached report is for information only. I will bring it up as an off-agenda item on November 22 for discussion and approval by the Council. I have discussed all these items with Dave Bradstreet and he agrees to this clarification of use. Location for space of RAG and Housing is being investigated. reported on Tuesday. A possibility exists and will be '4% MARY C R - . Mayor MC:gb Att . 12/7/83 Council Action: Council approved the agreement dated November 17, 1983. 6 e e * " Y November 17, 1983 Report on meeting concerning move of Senior Citizens' Association from Magee to north wing of Harding Street Community Center . Present: Dr. Francis Lantz, Don Watkins, Mary Casler (Dick Chick unable to attend) Various uses and aspects of the move were discussed and the following tentative agreements were suggested for Council approval. 1. Move scheduled approximately January 1. 2. Senior Citizens' Association responsible for moving 3. Senior Citizens' Association allowed to remodel their equipment. kitchen under approval of City. Funds to come from Area Agency on Aging. All'pedts obtained by SCA. Recreation HalX Monday-Friday from 10 - 2 for their nutrition program, set up and take down, Scheduling for use of Center will still be done by Parks and Recreation. Priorities for use will be: 4. Senior Citizens' Association will have use of the They will be responsible for 5. a. City b. Senior Citizens I Association c. Others 6. Saturday night use of Recreation Hall by Senior Citizens' Association for bingo. The amount agreed to by Dave Bradstreet and Jack Jimmink is approximately $30/hour. We set up, etc. as existing agreement provide The long range suggestion by our former committee is that Senior Citizens' Association will take over com- plete use of Harding "after construction of Safety Cente and the timely relocation of Parks and Recreation staff and programs." I explained that only Parks Maintenance and Operations would be moving to the Center and as of now we have no areas other than Harding and Magee for our programs. The Senior Citizens' Association will still schedule use of other rooms as they do now. The decision on additional use will have to be made by future Council as facilities become available. 7. MC : gb ~P~~OUFD c - /2/7/&3