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HomeMy WebLinkAbout1989-03-07; City Council; 9897; Joint use & recreation:Carlsbad School & CityCIv OF CARLSBAD - AGENF;. BILL *& I /:<@ c+ d- DEPT. HD JOINT USE AND RECREATION AGREEMENT BETWEEN THE CARLSBAD DEPT. PER DISTRICT AND THE CITY RECOMMENDED ACTION: If Council concurs, adopt Resolution No. - 7 3 approving the Agreement between the Carlsbad Unified School District and the City of Carlsbad to use the school facilities and grounds for recreational programming. ITEM EXPLANATION: The 1982 Agreement for Joint Use of School District facilities for recreational purposes has been revised as a result of discussions between City staff and school district representatives. The basic revisions of the agreement delineates the responsibilities of both parties for field and tennis court maintenance. Both City and school district staff are in accord with the maintenance responsibilities as outlined in the revised agreement (Exhibit 2). At the October 17, 1988 meeting the Parks and Recreation Commission unanimously approved the Revised Agreement. On January 25, 1989, the Board of trustees of the Carlsbad Unified School District approved the agreement by a vote of 3-2. If Council Concurs the 1989 Revised Use Agreement will be implemented. FISCAL IMPACT: Under terms of this agreement the Parks and Recreation Department's Park Division will be responsible for the maintenance of 12.85 acres of turfed play fields and tennis court surfaces. The anticipated maintenances cost of $6,25O/ac./yr. which includes administrative costs will result in the expenditure of $80,300 per year for school district grounds. Funds are available in the park maintenance division annual operating budget. EXHIBITS : 1. Resolution No. 23-93 2. Joint Use and Community Recreation Agreement between Carlsbad Unified School District and City of Carlsbad ? -- I i 7 4 F c r 1 E c 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 89 - 71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT FOR JOINT USE AND COMMUNITY RECREATION UTILIZING SCHOOL DISTRICT FACILITIES WHEREAS, a Joint Use Agreement between the City of Carlsbad and the Carlsbad Unified School District is necessary to utilize School District facilities to provide for the recreation needs of the community, and: WHEREAS, the existing use agreement has been revised to reflect a change in the current maintenance responsibilities of School District facilities, and; WHEREAS, the City Council and the Carlsbad Unified School District Board of Trustees are in accord with the terms of the agreement attached hereto and made a part here, of 1. 2. NOW THEREFORE BE IT RESOLVED, the City Council of the City Carlsbad the following: That the above recitations are true and correct. That certain agreements between the City of Carlsbad and the Carlsbad Unified School District for Joint Use and Community Recreation attached hereto and made a part hereof is hereby approved. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVE AND ADOPTED at a regular meeting of the City of Carlsbad, California, held on this 7th day of March 1989, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: Aletha Rautenkranz, Cita Clerk JOINT USE AND COMMUNITY RECREATION AGREEMENT BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT AND CITY OF CARLSBAD THIS AGREEMENT, made and entered into as of the $3 - 74 day of , 1989, by and between CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as '(Cityf' and the Carlsbad + Unified School District, State of California, hereinafter referred WITNESSETH WHEREAS, the governing bodies of the City and 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, promote, and conduct a community recreation program and activities within or without their territorial limits; and 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 EXHIBIT 2 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 thecity and 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 . participation shall be subject to rules and regulations adopted by the City Council and the School District. 4. A schedule of dates for the use of the District facilities will be worked out in advance by the City in agreement with the District and that this schedule will be arranged as to avoid conflict between school and recreation use; that in the 2 , scheduling of said facilities, school events and 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, turf, 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 construction of facilities, for community recreation purposes, shall be at the City's costs and meet standards established in the California Education and Administrative Code. 8. All structures constructed on the site and all personal property placed or installed thereon by City and owned by City (the llImprovementslv), shall remain the property of City. At the 3 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 Improvement, in which case title thereto shall vest in District without the necessity of formal documentation of transfer. in the event that the Citv removes its imsrovements, any damaqe caused bv such removal shall be immediately reDaired bv the City. and the Dremises restored to he conditio such imDrovements. Any imDrovements not removed by the Citv within 60 davs shall become the sroDertv of the District. 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. Pa herein. means a sric e not to exceed the sum Daid bv the Citv for such Immovements. less an amount for use. wear and tear. The expense 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 of 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, ~ udi Fa e ds, for community recreation, provided the City pays fifty (50) percent of the cost of renovation of turfed areas used by City. b. City will maintain portions of the following school properties. Magnolia Field 4.06 acres Jefferson 2.30 acres Pine Ball Field 1.67 acres Buena Vista Lower Field 2.02 acres Pine soccer field 54 acres C.H.S. tennis courts 1.26 acres V.J.H.S. tennis/b.b. courts 1.00 acres 12.85 acres c. District will maintain the following school properties: V.J.H.S. (upper h lower) 4.59 acres Kelly Field 2.90 acres Hope Field 2.80 acres H.S. Softball Fields 3.30 acres 13.59 acres d. City will schedule the after-school, weekend, holiday and summer use of all school grounds except the high school fields when available. 5 e. 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. F. 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 wind screen. reconditionina of the courts and the Citv will Dav one hundred Dercent 1100%) of court nets. 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 for compensation or indemnity to any District employee for injury or sickness or wages arising out of his/her employment with District. The District agrees that during the time that the City has use of school facilities, City may charge such admissions and 13. 6 , fees for the 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 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 defective or dangerous condition of any ground, site, building, equipment, play areas recreation facilities or other improvement located on the premises 7 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 carrv R ropertv damase and DUbliC liability insurance that cover the areas and activities set forth in this asreement. The Citv's DroDertv damase and public liability insurance shall include all areas and activities set forth in this aureement under their self-insurance proqram. Each partv shall furnish the other Dartv with a CODY 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. The Darties hereto acknowledae that there have been no reDresentations made by either to the other not contained herein uDOn which either Dartv is relvina which has induced execution herein. This aareement embodies the entire aareement and understanding between the parties hereto relating to the subject 8 Contract No. C32-8889 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. CITY OF CARLSBAD, ,A municipal ATTEST: &+ ALETHA L. RAUTENKRANZ City clerk ! Cal. _- LEWIg, Mayor CARLSBAD UNIFIED SCHOOL DISTRICT J./EDWAEtD SWIyZEa. dR. ~daf~ of Trustee4. v Approved by the Carlsbad at a Regular January 25, he Governing Board of Unified School District Meeting he1 d on 989. 9