The URL can be used to link to this page

Home My WebLink About1987-09-08; City Council; 6747-1; REVISED USE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND ENCINITAS UNION SCHOOL DISTRICTv g a 4 z 0 F 0 a mJ 5 z 3 0 0 z e .. CImF CARLSBAD - AGENDWILL Ae#u TITLE: RE;VISED USE AGREEMENT BETWEEN DEPT. UNION SCHOOL DISTRICT DEPT. P & Ret* RECOMMENDED ACTION:- Approved revised Use Agreement between the City of Carlsbad THE CITY OF CARLSBAD AND ENCINITAS CITY1 MTG.-- CITY I no. 7234, *- P and the Encinitas Union School District. ITEM EXPLANATION: The existing Use Agreement between the City of Carlsbad and Encinitas Union School District has been updated to outline maintenance responsibilities for the Levante Park/La Costa Heights School site. Since' the development of the La Costa Heights School, the amou of acreage at Levante Park has been reduced, subsequently the amount of landscape maintenance has also been reduced. A modi to the current agreement has identified that the City will con to maintain the landscaped areas "other than those immediately around the school building and parking lot". Stipulations regarding joint use of the City owned community center have not changed since the original agreement was signed. Retention of the park site for the building has been revised from "a minimum of seven years commencing January 1, 1981" to "the duration of this agreement". The Encinitas Union School District is in accord with the prop agreement and has been endorsed by the Board of Trustees. FISCAL IMPACT: A slight reduction of expenditure for landscape maintenance is anticipated as a result of this agreement. EXHIBITS : 1. Resolution No. 9233' 2. Agreement for Maintenance and Use of Levante School site between the City of Carlsbad and Encinitas Union School District. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 W e RESOLUTION NO. 9234 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REVISED USE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE ENCINITAS UNION SCHOOL DISTRICT FOR THE LEVANTE PARK/LA COSTA HEIGHTS SCHOOL SITE. WHEREAS, the Encinitas Union School District has recen constructed the La Costa Heights Elementary School on the Levante Park site; and WHEREAS, the City of Carlsbad currently provides recre programs and landscape maintenance responsibilities at Lev Park; and WHEREAS, the existing use agreement needs to redefine landscape maintenance responsibilities adjacent to the La 1 Heights School. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Joint Use Agreement between the City of I Carlsbad and the Encinitas Union School District, a copy of which is attached here to and made a part thereof, is hereby approved. I 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and I behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of tl I City Council held on the 8th day of September , 1987, the following vote, to wit: 1 2 3 4 5 W 0 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Lars NOES: None ABSENT: None /p ./(' A? ,/' / //['/"< 7 &-< - :&dl& ,/ </ ' CLAUDE A. LEWIS, Mayor ATTEST : 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * ziijler I k (SEAL) // // // // // // // // // // // // // // // // // // // // w e AGREEMENT FOR MAINTENANCE AND USE OF LEVANTE SCHOOL SITE BETWEEN THE CITY OF CARLSBAD AND ENCINITAS UNION SCHOOL DISTRICT THIS AGREEMENT is made and entered into this 73,-d day of July , 1987, by and between the City of Carl municipal corporation, hereinafter referred to as the "City," Encinitas Union School District, San Diego County, State of Cal hereinafter referred to as the "District.' WITNESSETH: WHEREAS, in order to promote and provide for the health and welfare of the people of Carlsbad, and to cultivate the development citizenship by an adequate program of community recreation, the hereto desire to enter into a agreement for a community recreation on the Levante school site, La Costa Heights School, within the City WHEREAS, the City has heretofore created and established a Recreation Commission and has developed and established a part pro desires to employ persons qualified to supervise, direct, and c recreation program for the City of Carlsbad; and WHEREAS, the operation of a community recreation program on district site or with school district facilities, through the City Recreation Departmenb, when facilities are not in use by the Distri 0 - L- e 1 * 2promote the health and welfare of the community and will contribute attainment of the general recreation objectives for children anc within the community; and WHEREAS, cities and school districts are authorized by Chaptc Part 7, Division 1, Title 1 of the Education Code of the State of Cal to organize, promote, and conduct a program of community recreatior operate a community recreation center within and without their teri limits; and WHEREAS, it is also provided by said Chapter 10 of Part 7, Div: Title 1 of the Education Code that the foregoing entities may cooper. each other to carry out these purposes, and to that end may en agreements with each other and may do all things necessary or conve aid and cooperate in carrying out such purposes; and WHEREAS, the District owns the Levante school site, developed a Costa Heights Elementary School, but desires the City shall have use site for community recreational purposes and for location of a ci recreation building; NOW, THEREFORE, THE CITY AND THE DISTRICT agree to the followin 1. The District shall provide at no cost to the City for us landscaped play fields, rest room facilities, building all pl equipment and a site for a city-owned relocatable building locatec Levante school site, La Costa Heights Elementary School, Parcel No, 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, r and operate on said site and on such facilities, 0 -0- w * supervised recreation and the City agrees to supply all supervision leadership, planning, and personnel for the mainte operation of said program. 3. The City shall at all times be responsible for the plar operation of the recreation program, as well as for the act: employees, or any event, thing, accident or occurrence that shot during the operation of said program and which is within the control of said City or its employees. 4. The recreation program shall he under the jurisdiction anc of the Parks and Recreation Commission of the City. Said program shall consist of activities and at that determined by the City Council or its authorized representative. For the purpose of coordinating the activities contemplated, the City hereby appoints its Parks and Recreation Dir the representative of the City and the City's Park and Re Commission, who shall be the responsible manager of the recreation and shall coordinate all aspects of this program with the Distr. governing Board, and the Park and Recreation Commission of the City. 5. The City-owned relocatable building will be placed, u! maintained at no cost to the District and the City will remove or bi building to the State Department of Architecture standards at no cost district when a school is placed on the site. 6. City shall be allowed to retain the District park site fc owned relocatable recreation building for the duration of this agreen 7. The School District shall have the priority of use of th building, or any part thereof, during regular school hours (8:OO AM w e ’ PM) on such days that the La Costa Heights School is in session. The City shall have priority of use of the site, building part thereof, during non-school (La Costa Heights) hours, (3:30 PM 1 PM on school days.) However, the City shall be given written noti two weeks in advance of any intended use of the building by thl District. The responsibility of schedulinq of the buildinq, for cc department use, shall lie with the City as per Council policy. 8. All persons employed in the performance of services and ft for said City shall be deemed City employees and no City employee shall be considered as an employee of the District or under the juri: of the District, nor shall such City employees have any District E civil service, or other status or like while an employee of the City. Said District shall not be called upon to assume any liabil the direct payment of any salary, wage, or other compensation to a personnel performing services hereunder for said City, or any li other than that provided for in this agreement. Said City shall liable for compensation or indemnity to any District employee for in sickness or wages arising out of this employment with said District. 9. It is further covenanted and agreed, except as otherwise pr neither party shall be responsible to the other party for the cost program. The City covenants and agrees to be responsible and to charges that it should incur in respect to the operation of this rec program, including the cost of service of its employees as incidental costs in connection therewith. The District covenants and to pay all costs of its employees necessary in connection with this 1 and said District further covenants and agrees that no rental cha will be imposed on the City in respect to the operation of this progr 0 -5- 10. The recreation program conducted by the City shall he participation by all students residing in the District and resi Carlsbad, but such participation shall be subject to any rL regulations adopted by the Park and Recreation Department of the Cit 11. The City shall maintain the landscape areas, other tt immediately around the school building and parking lot by fertilizing, and edging the grass; maintaining the installed ir system; applying necessary chemicals; and cleaning and stocking room facilities at the expense of the City. 12. The District shall be responsible for all repairs nece maintain the rest room and storage facilities and all playground e in a safe and usable manner. The District shall make such repairs reasonable time after being requested by the City. 13. No alterations, improvements or additions shall be made without prior written approval of the District, Any and all alte improvements or additions shall be made and performed in a good wor manner and in accordance with all statues, ordinances, and reg applicable thereto. 14. The District shall provide and pay for all water an4 utilities necessary to maintain and operate the grounds and rest r( storage facilities. 15. The City shall provide and pay for all electrical u necessary to maintain and operate the grounds and rest room and facilities and recreation building. 16. City and District, at their respective expense, shall coml and observe and secure compliance and observation with all the requ! of the Carlsbad Municipal Code and all Municipal, County, State, and - w e ' ordinances, codes, statutes, and regulations now in force or w hereafter be enforced applicable to the grounds, rest room, and facilities and equipment. 17. Insofar as it is legally authorized, District shall hold harmless the City, members of the City Council, boards or commissi employees, officers and agents, while acting as such, from all claim damages, cOsks, expenses or liability which may arise by reason of 1 imposed by law because of injury to property or injury to or 1 persons, received or suffered by reason of any defective or d condition or any ground, site, building, equipment, play areas, re facilities or other improvement located on the premises owned or ma by the District or participation in any activity carried out or spon the District under Paragraph 7 hereof. Insofar as it is legally authorized, City shall hold free and the District, members of the governing board, its employees, offi. agents, while acting as such, from all claims, loss damages, costs, c or liability which may arise by reason of liability imposed by law of injury to property or injury to or death of persons, received or 5 by reason of operation of the community recreational program UI premises and, further, the City shall be responsible for any and all to school property caused as a direct result of any recreational i being conducted on said premises by the City. 18. The City further covenants and agrees during the term agreement, to maintain liability insurance, insuring said City, as said District, its officers and responsible employees, from any li that might arise because of negligence, negligent act, or omissior part of any City Officer or employee during the course of, arising s w 0 ’ the performance of this agreement 19. Except as hereinafter provided, this agreement shall term the 31st day of December 1995, and will be automatically renewed on to year basis until such time as the City or District notifies tl party that a termination is desired as hereinafter provided. 20, Subject to the provisions of Paragraph 6 hereof, this ac may be terminated at any time by either party hereto upon sixty days rotice. IN WITMESS WHEREOF, the parties have executed this Agreement on and year written above. ATTEST: CITY OF CARLSBAD, A Municipal Corporat,ion of the State of Cal , J, /(4</ V/’/ L’.’ ~ &,/{:-- f I CYaude A. Lewis a E& Lee Rautenkrantz City Clerk Mayor ENCINITAS UNION SCHOOL USTRIC? ‘*& ATTEST : Superintendent and Secretary, Board of Trustees MKd WILLIAM CARL1 Clerk, Board of Trustees APPROVED AS TO FORM: APPROVED AS TO FORM: SCHOOL DISTRICT COUNSEL City Attorney