HomeMy WebLinkAbout; Carlsbad Unified School District; 77-485336; Property, *%,$cclls"E-$,
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GRANT DEED
The Carlsbad Unified School District of San Diego County, CaliPornia does
hereby grant to the City of Carlsbad that certain real property situated in t~
County of San Diego, State of California, as more particularly described as
follows :
That portion of Tract 248 and Tract 249, Thum Lands, in the City
of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 1681, filed in the Office of the Recorder of San Diego
County, December 9, 1915, described as follows:
Beginning at the Northeasterly corner of said Tract 248; thence
South 28'39' East along the northeasterly line thereof, a distance of
442.29 feet to the TRUE POINT OF BEGINNING; thence continuing along
the northeasterly line of said Tract 248 and Tract 249, South 28"39'
East 692.39 feet; thence South 61'21' West 170.65 feet; thence North
28'39' Kest 54.00 feet; thence South 61'21' West 97.00 feet; thence
North 28'39' West 555.00 feet; thence South 61'21' West 26.35 feet;
thence North 28'39' West 347.04 feet to a point. on the northwesterly
line of said Tract 248; thence North 30'04' East along said north-
309.64 feet; thence North 61.21' East 218.32 feet to the TRUE POITC
OF BEGINNING.
The above said grant of real property is made for and in consideration of
the City of Carlsbad constructing a swimming pool thereon at. the city's sole
expense and permitting the Carlsbad Unified School District to u.se said swimmir
pool for educational purposes for a period of fifteen (15) years from
July 20, 1977.
westerly line a distance of 88,56 feet; thence South 28'39' East
Dated : to&,/. ,/s$ , 1977
Carlsbad Unified School District
of San Diego County, California
B -"
(.- 1
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
1 ss.
On the 10th day of Octder , 1977, before me,
Anita M. Wlll1;uns residing therein, duly commissioned and sworn, personally appeared
Ma A. Scbrr , known to me to be the President of the Governing Board of the Carlsbad Unified School District that executed the within instrumer
and acknowledged to me that such school district executed the same, pursuant to
resolution of said Governing Board.
.. , a notary public in and for said County and State
IN WITNESS WHEREOF I have hereunto set my hand and affixed by official sea: * the day and year in this certificate first above written.
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i? . ." vi a.Tr*k 7 J; y2 ; C\ .& ;A '>, Notary Public in and for the County of San Diego, State of California.
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. AMENDPENT OF DEED CONDITIONS f:PR 2:j ,3 ~, .q pi.4 , i ~ $16
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aFce;'ram THIS INSTRUMENT is made as of Apri 1 18 kjj6BLE'fZ Sf #
by the CITY OF CARLSBAD, a municipal corporation of the State
of California ("C:ity"), and the CARLSBAD UNIFIED SCHOOL
DISTRICT OF SAN DIEGO COUNTY, California ("District") , with
reference to the :following facts and circumstances:
A. City and District on July 20, 1977 entered into an
agreement for construction of a community swimming pool to be
built by City on a site owned by District adjacent to Carlsbad
High School ("The Agreement") . The Agreement requires District
to convey said site to City.
The Agreement also provides for use of the pool - by
the District and obligated District to contribute to the costs
of maintenance, operation and repair .
B. On Octoher 10, 1977, District executed a Grant Deed
conveying the pool site to City, a copy of which is attached
as Exhibit A ("The Grant Deed") , and incorporated by reference
herein.
C. The Grant Deed was conditioned on City's construction
of a swimming pool and District's use of the pool for fifteen
years ("The Condition").
D. The Grant Deed was accepted by City on November 1, 19
contingent upon modification of the Condition to reflect the
true understanding of City and District which is that their
. . 7' *I
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7 .' AMENDmNT TO DE.@ CONDITIONS * 1500 -C Page 2 ,. I I. . .'
'.. respective rights in the pool are as set out in the Agreement.
E. Through a clerical error City caused the Grant Deed
to be recorded before .the condition was amended.
City and District desire to amend the Condition of
the Grant Deed to reflect their true understanding as herein
set forth.
NOW, THEREFORE, City and District agree as follows:
1, The Condition contained in the Grant Deed from
District to City, dated October 10, 1977, recorded on
November 23, 1977, File Page No. 77-485336 Official Records
of San Diego County, is hereby amended to read as follOwS:
The above said grant of real property is
subject to the terms and conditions Of that
and the Carlsbad Unified School District, dated
July 20, 1978, marked Exhibit B, attached hereto
certain Agreement between the City of Carlsbad
t and made a part hereof. -... -
CARLSBAD UNIFIED SCHOOL DISTRIC'J of San Diego County, California
I BY ./ President, &&& ,. G
STATE OF CALIFORNIA)
COUNTY OF SAN 'DIEGO)
) ss,
On the 5th day of Apri 1 , 1978, before me
Anita M. Williams f a notary public in and for sa
Caunty and State, residing therein, duly commissioned and SWOI
personally appeared Mary A. Scherr , .known to me to the President of the Governing Board of the Carlsbad Unified
School District that executed the within instrument and acknoM ledged to me that such school district executed the same, purs
to a resolution of said Governing Board.
IN WITNESS WHEREOF I have hereto set my hand and affixed
official seal the day and year in this certificate first above written.
MTARY PUW - CAUFORNIA Q
of San Diego, State of Californ
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'AMENDPENT TO DEER CONDITIONS Page 3
, . ATTEST: CITY OF CARLSBAD, A Municipal
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.. Corporation of the State of Cali
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~ .. .. ., . I , , . I.. BY - PddF&/ B RONALD C. PACKARD, Mayor .,, .,
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APPROVED AS TO FORM:
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PO 449 c
(Corporation)
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. 1 STATE OF CALIFORNIA 1 COUNTY OF San Di ego } ss.
8
t On
April 20, 1978 before me, the undersigned, a Notary Public in and for said
State, personally appeared Ronald C. Packard
w known to me to be the Mayor %y&&&, and Margaret E. Adams
XXJ%WQ~ of the corporation that executed the within Instrument,
~~~~~~~~~~.~~"~~~.~~~
NO'jARf ?iJtjLic . CALIF
PRINCIPAL OFFICE IN SAN DIEGO COiiNT
1 Name (Typed or Printed)
(This area for official notarial seal)
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<;gricIAf- REGQ8DS
RECORDER
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GfMT DEED
The CarI.sbad Unir'ied School District of San Mego County, Cal-iforz~ia doe::
hereby grant to the City of GzrLsbad that certain real progerty sitcated in tl
Cc~ar,tg oE Sat1 Dieg~, State of CaLiforaia, as more part$xularly described as
fol.2o.c.;rs:
. That portfon of Trace 248 axl Tract 249 9. Thu.~ Li;;cLds 9 in the City
of CarLsbad, CQLEIT;~ of Sac D-iego, State of Cafifornia, acccrrdfng to
&p thereof No, P68E, filed in the Office OE the Recorder ~f Sa.n Diego
Ccunky, Dece~ber 9, 1.915 o described as €OPPOWS:
Ueginnirrg st the Ncrtheasrerly corner 02 said Tract 2Q.8; thence
f. South 2&"33' East along Ehe cor~heas~er3.y ILne ,thereof, a dist:a.nce of
44.2 e 29 feet? 20 the TXUE POIET 3F BEGINWfNG; thence continzl-ing along
the n.orthessterI-:i line of said ~i'rzct Pi8 and Tractl 249 p Soatkt 28"39'
East 692.39 feet; thence Scwth 61°2?-v West 170.65 feet; thence Ec'::th
28"39' kst 54.08 feec; &ence south 61°2E9 West 97.00 feet; ti:es;ics
North 28'39' Rest 555.OQ fee;; thence South 6;Po21' West 26.35 feet;
thence North 28"39' We.st 347 .?I4 feet fo a point an the northwes?xrIy
line of said Tract 248; theace Xorth 30'04' East along said north-
westerly I.lne a distance of 88,56 feet ; thence South 28" 39 ' East
339 o 64 feet 5 tknce No~tl7E1 61.21' .East 2:t8,32 feez to the TRUE POIXT
OF BEGI$XINS,
The ,above said. grant sf real. property fs made for and in cnnsi2eration o
the City of CartsSad constructing a swimming pool. thereon ah the city's. sole
expe.nse ad pemittiog the Carlsbad U1:ified School District Eo use said ss.:im
pool for educational ~UQOSW for a period of fifteen (IS) years f~on
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July 20, 3,9770
Daeed: fl$.,?. /d > 2977
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STATE OF C&IFW&RLB 1
COU'!1Y OF SAX DIEGO )
1 ss.
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Carlsbad Unqfj.ed Sc'ildnL Discrrict
of Saan Dicgc Corrnty, California
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~residcnt-,(Go~~raj.ng ~oard
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ofr the ""L &_," day of' ' ' ' .". 0-x""- - p 3.977, before MC
~~~L~~~~~s 9 a notary pti.blic in aad i~~r said COGII~Y 2114 St; xesie,j.n:g g-,;j~rei~n, dlrj-y conr~issioned. and svorn, persona%.ly appeased ."VU.UUd".
"".?i.x;X"-9 ~EOT~ to EC *Ec be the: Presldejlt of Ehe GO~~XX Jicarci, of the CarI.sbad Uniiied. Schtool Distrri.ct that executed the ~2t.?.h1 i~~st.~
and ac'k:mwPedg;ed LC; XL. that SUC~ schoo9. dl s i:.~ict ex~>c~t.ed the same s j)t~~~SU;:~~L
resolution 02 sa-i.d i:f)Venin" v 80:?rd,
114 IATfT:JEsS :$~~?EoP I: h~e ;-~~e:ln'co EX: ICJT haxl ~~26 affi~,ed. by' 0fffc5d.
tl~e day ar.d year i.n this cert2flcaLe firs2 &ove written,
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; :c:? &t-..:. *..... A.::;:::=<c.; ,;, :,;.8?:.i, of San D.iego, State of CaLi.2orni.n.
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e. EXHIBIT '& to RESOLUTION NO-. .. .i I
I. .I I I. ,~. . *. 1505 EXHIBIT "B" TO AMENDMENDMENT (
.. DEED CONDITIONS
AGREEMENT FOR CONSTRUCTION AND USE OF
THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT
A COMI'JIUNITY SWIMMING POOL BETWEEN
THIS AGREEMENT is made this 20th day of July
1977, between the CITY OF CARLSBAD, a municipal corporation of
the State of California, hereinafter referred to as CITY, and
the CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY,
CALIFORNIA, hereinafter referred to as DISTRICT.
WITNESSETH:
WHEREAS, District desires to provide an educational, aqua
program for its students: and
WHEREAS, City desires to provide the citizens of Carlsba
with a year-round recreational swimming program; and
WHEREAS, the citizens of Carlsbad, by an advisory vote,
have indicated they favor the construction of a community swimmi:
PO01 facility (hereinafter referred to as "pool") in the city of
Carlsbad; and
WHEREAS, City and District desire to cooperate with each
other in order to accomplish the construction of the pool to proT
the entire community with educational and recreational aquatic
programs; and
WHEREAS, Chapter 6 of Division 12 of the Education Code
of the State of California (commencing with Section 16651) auth-
orizes and empowers school districts and municipalities to coopel:
in the organization, promotion and conduct of programs for comur
recreation, and
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,\ .I * - * 1506
.. WHEREAS, City and District desire to enter into a formal
agreement defining the rights and responsibilities of both parti
in connection with the construction and joint use of a community
pool;
NOW, THEREFORE, BE IT RESOLVED the parties agree as foll
1. Construction of pool
The pool shall be constructed by City in the following
manner :
A. City shall employ architects and any other profes-
sionals as it considers appropriate to design the
and to prepare plans and specifications therefor.
City shall consult with District during the course
of the pool design. City shall direct the archite
to obtain such approvals of the plans and specific
tions for construction of the pool as may be requi
from the State of California Department of General
Services, Office of Architecture and Construction.
B. The design of the pool shall be as approved by Cit
Before giving final approval of the design, City
shall give the school board an opportunity to make
recommendations thereon. City shall give due con-
sideration to any such recommendations before
approving the pool design and the plans and speci-
fications therefor.
C, The plans and specifications shall conform to all
legal requirements of state and local authorities
and shall be as approved by the City. District
2.
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I. \, . * * 150%
1. shall be accorded the opportunity to review and
comment upon the plans and specifications prior tc
approval by City.
D. City shall call for bids and let contracts for con
struction of the pool in the manner prescribed by
law.
E. City shall pay all costs for the design and con-
struction of the pool.
F. District shall provide the site as described and i
accordance with Section 2 of this agreement.
G. Title to the pool shall be vested, upon completior
of construction, with City.
2. Pool site
The pool shall be constructed on a portion of a parcel c
land of approximately 4.9 acres presently owned by Distl
and held as a part of the campus of Carlsbad High School
The site is generally located on the west side of Monroe
Street, near its intersection with Basswood Street, and
is more particularly described on Exhibit A, attached
hereto and made a part hereof. In consideration of the
construction of the pool by City and the provision by C:
for District use of the pool as specified in this agree1
District shall deed the site as described on Exhibit A I
City. The transfer of said site shall include all imprt
ments presently existing thereon including, but not lim:
to, the four tennis courts and paved parking areas. Thf
transfer of title of said property from District to Cit;
shall be accomplished in the 'following manner:
3.
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3.
4.
A. aptly upon approval of tmagreement by the pa
P ldV0
District shall begin such procedures as may be req
.by law to complete the transfer of title.
B. District shall be responsible for completing all
action required by law to effect the transfer of
title of the site to the City. District shall be
responsible for all costs necessary to convey lega
title to City.
C. The transfer of title to the property to City shal
be completed by District as soon as possible after
execution of this agreement.
D. District shall install curb., gutter, and' sidewalb
the length of District property on Basswood Street
beginning at Val%,northward; such installation t
be completed prior to the completion of pool
construction.
City to Administer - general
The pool shall be administered, managed, operated and
maintained by City. City and District agree that the PC
shall be jointly used by the parties in the manner pro-
vided by this agreement. City and District agree furthc
that the costs of administration, management, operation,
maintenance and repair of the pool shall be shared by tl
parties in the manner provided by this agreement. Whenc
the term l'pool" is used in this agreement, it shall incl
all related facilities including, but not limited to,
parking lots, restrooms, dressing areas, landscaping an<
locker facilities.
Use - general
City and District agree that the presumption upon which
sections of this agreement shall be interpreted is
4.
VI
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,. I . .. P i ?'. 1509 * that Ci y's uses, programs and desires shall in all
cases and at all times take precedence over District's
and that District shall use the facility only during SUC!
periods, and for such purposes, as City may make the
facility available. However, it shall further be under-
stood between all parties to this agreement that City sh
in fact, under normal operation of this agreement, make
pool available to District for certain hours during such
times as Carlsbad High School is in session during the
normal September-June school year, as well as such times
as it may be mutually beneficial to City and District to
permit the District's use of the pool. The pool shall k
owned and operated by City as any other facility of City
recognizing District shall have the right as specified i
this agreement to use it at certain times.
5. Use of pool
City shall have the use of the pool for any and all pur7
poses and at all times except as otherwise expressly
provided in this section.
City shall provide for District use of the Pool for
educational swimming programs and competitive swimming
activities as follows:
A. From 8 A.M. until 11 A.M. and from 2 P,M. until
5 P.M. on Monday through Friday, on those weeks
Carlsbad High School is in session during the
regular school year, from approximately mid-
September through mid-June.
B. District use pursuant to Paragraph 5(A) may exceec
5.
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.- the 5 P.M. time for interscholastic activities
providing a schedule therefor is approved as a
part of the annual schedule in accordance with
this section.
C. During the summer, provisions for some District us
of the pool may be made, provided such use is con-
sistent with City programs, as part of the annual
schedule, upon mutual agreement of the parties,
A specific and detailed comprehensive schedule €or use c
the pool shall be established on an annual basis by the
mutual agreement of the parties. The City Manager, or
his representative, is hereby authorized by City, and th
District Superintendent, or his representative, is hereb
authorized by District to establish said schedule and to
make changes thereto. If the parties are unable to agre
the schedule shall be established by the City Manager.
Any schedule established shall be based upon and in ac+
cordance with the provisions of Section 4 and Section 5
of this agreement,
Use of pool by one party during the other party's schedu
time may be obtained by applying for a permit and receiv
approval for pool use during that scheduled tine of the
party having the right to the pool use. A procedure for
issuing such permits shall be a part of the pool schedul
established pursuant to this section.
6.
GI I
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~5~ * . .. . e 6 mi
,, Pool maintenance will require the pool to be closed from
time to time. The pool schedule shall include provis5on:
for such closures. City shall make reasonable efforts tl
reasonably and fairly apportion periods of closure betwe'
City and District'use of the pool. City reserves the ri
to close the pool at any time as it determines necessary
for the proper operation, maintenance and repair of the
pool or for reasons of health and safety.
6. Terms of district use
A. District shall pay to City the direct cost of Dist
use of the pool. Direct costs shall be determined
as provided in Section 9 of this agreement. Pay-
ments by District to City for use of the pool shal
be made upon statements rendered to District by Ci
at the end of each quarter of the calendar year ba
upon the direct costs for such use as provided in
Section 9 of this agreement.
B. During the periods scheduled for District use, Dis
may use, administer and direct certain programs at
the pool, in the manner set forth in this agreemer
Such use may include determination of hours and rl
for use as mutually agreed uponl and shall includc
employment of such personnel by the District as ai
necessary for the efficient operation of the Dist!
programs and activities at the pool, including, bl
not limited to, supervisory personnel, teachers,
lifeguards, locker room attendants, cashiers, cle(
7.
.~ . ~, \
~,\ * . '* 0 t* 1562. * C'
". persons and other necessary aspects: of program
management. District shall be responsible forthe
maintenance of good order and conduct in the use
of the pool and all related facilities, buildings,
landscaping and parking areas during such times.
The premises shall be used by District in keeping
with the best accepted practices to assure proper
standards of conduct, safety, cleanliness and heal
District shall be responsible for enforcing City's
adopted rules for the operation and use of the poc
and. ;.shall make no rules which are inconsistent wit
City's adopted rules without the express consent c
City.
C. District reserves the right to charge, collect anc
retain reasonable fees from participants or spec-
tators in connection with interscholastic athlegic
events or other educational events administered b;l
District during periods the pool is scheduled for
District use.
D. District reserves the right to control admission 1
the pool when being used by District based upon
reasonable rules and regulations. District agree!
to inform City of all rules and regulations prior
their final adoption.
E. District may maintain telephone service to the
facility, such costs being paid directly by Distr.
Such telephone service shall be restricted to Dis
trict use.
8.
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e .- 1513 *
F. City shall not provide any towels, suits and other
necessary items needed for District's programs.
Such items, if provided by District, shall be stor
separate and apart from City's similar equipment.
G. District shall insure that adequate staff super-
vision is provided during periods of District use.
In addition to the payment of direct costs as requ
by this agreement, District shall pay its expenses
including the cost of such staffing and cleanup
during the time the pool is used by District.
H. District may install and maintain at its expense,
appurtenant equipment such as instructional aids
and competitive items that are peculiar to its nee
and uses. If such equipment will involve any alte
ations to the pool or necessitate storage on the
pool site, the installation of such equipment shal
be subject to the approval of City.
I. District shall make available to City, during how
when the pool is in use by City, existing .parking
lots located on the Carlsbad High School campus tc
accommodate the public in connection with their UE
of the pool. If toilets, showers, lockers and
dressing areas, contemplated as a part of the poo:
are inadequate for a contemplated use of the pool,
and if the District has adequate toilkts, showers,
lockers and dressing areas available that are not
use in connection with educational activities, tht
9.
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, I ,~. , 0 .~ %. .I 151h .. .~
.. District shall make such facilities available for
use by the public when using the pool.
7. District use - City responsibilities
During periods scheduled for District use of the Pool,
City shall make available to District during such period
of District use, all required facilities in connection w
the pool. These facilities shall include parking areas,
the pool area, including equipment spaces, locker rooms
with showers and, in addition, pool office, restrooms an
storage space.
8. Maintenance and operation
A. Except as otherwise specified herein, City shall
maintain and operate the pool and all related
facilities. It shall be the duty of City to regu:
inspect the pool to maintain the pool in a reason;
good, healthy and safe condition, and to provide j
disposal of all garbage, trash and rubbish.
B. Subject to the provisions of Sections 3, 6 and 9 (
this agreement, City shall provide and pay for wal
gas, electricity and other utilities except for tl
telephone service cited in Section 6(E) of this
agreement; and shall provide and pay for pool chel
and other special items and supplies. The terms
chemicals, okher special items and supplies'' shal
defined to include such expenses in connection wi
the use of the physical plant as lubricating oil,
light bulbs, swimming pool chlorine, neutralizing
10.
I_ ~. ,,
C. .. * - I515
alkali and similar operational supplies or items.
C. Subject to the provisions of Sections 3, 6 and 9 0:
this agreement, City shall provide the labor and
maintenance force and necessary materials for the
care, maintenance and operation of the pool, incluc
vacuuming and chemical application and shall be
responsible for such care, maintenance and operati
The terms "care" and "operation" shall mean such
expenses in connection with the use of the physica
plant as cleaning, disinfecting, heating, lighting
landscaping maintenance, water and similar items
which are regularly incurred; and in addition to s
items, it shall also include the salaries for nece
employees' time, and replacement of original equi_c
The term "maintenance" shall mean expenditures fo1
repairs to the equipment, swimming pool, other in-
cluded buildings or portions thereof, heating,
ventilating and filtering plants, the repair, of wi
hardware, landscaping, plumbing, electrical fixtui
or other equipment of such type, and emergency
repairs of similar nature, and preventive mainten;
procedures. All city personnel assigned to pool
maintenance shall be responsible to the City's
Aquatics Manager.
D. Subject to the provisions of Sections 3, 6 and 9
this agreement, City shall provide a full time on
manager for the pool referred to herein as the Ci
11 I
,~
L. '+ , 0
~. ,. , .L I 1516 ..
Aquatics Manager. The City Aquatics Manager shall
be a regular full time City employee under the
direction of the Director of Parks and Recreation
and shall be responsible for the day-to-day manage
ment of the pool. All matters relating to Distric
use of the pool shall be coordinated by the City
Aquatics Manager, To the extent. it is consistent
with City personnel rules, the City will consult
with District prior to the selection of the City
Aquatics Manager.
District employees shall accept direction from the
City Aquatics Manager in matters relating to the
management, operation, maintenance or repair of tl-
pool and he shall be responsible for insuring that
District programs are staffed and cleanup proper11
performed in accordance with this agreement.
9. Direct costs
Direct costs to be charged to District, pursuant to Sect
3 and 6 of this agreement, shall include all identifiabl
costs related to the care, maintenance, operation, repaj
and management of the pool including, but not limited tc
those costs specified in Section 8 of this agreement fo~
the time such pool is used by District during each respc
tive calendar year.
District's share of such costs shall be in the same pro.
portion to the total of all such costs as the number of
12
.j
,,, .I
-3
0 1517 *
hours of District's use of the pool bear to the total
number of hours of pool use,
Records of the hours of use shall be maintained by the
City Aquatics Manager and shall be subject to review by
the District. Except as expressly provided in this agre
11.
12.
13.
ment, City shall have no responsibility for costs relati
to District's use of the pool.
Improvements
No alteratLbns, improvements or additions shall be made
by District without prior written approval of City. Cit
agrees to consult with District before making any altera
tions, improvements or additions except projects not
exceeding $100.00. Any ani? all alterations, improvement
or additions shall be made and performed in a good work-
manlike manner and in accordance with all statutes,
ordinances and regulations applicable thereto.
Employees
All employees of the District and all employees of the
City shall be experienced and competent, and shall be
licensed when required by law. All such employees shall
represent only the party employing them,
Permits and licenses
District and City shall procure for their operations, at
their respective expense, all permits and licenses that
are or may in the future become necessary or required fc
their operations at the pool. District further agrees I
to allow or permit any fee or charge for such permits 01
13 -
,.
I. ' . 0 i 1518 * ,*
I ..
licenses to become delinquent.
14. Compliance with law
City and District, at their respective expense, shall
comply with and observe, and secure compliance and obser
vation with, all the requirements of the Carlsbad Munici
Code, and all Municipal, County, State and Federal ordin
ances, codesl statutes, and regulations now in force or
which may hereafter be in force applicable to the pool.
15. Waste - care of premises
City and District shall give prompt notice to the other,
of any damage to the swimming pool facility. Neither
District nor City shall commit, or suffer to be committe
any waste or injury of any private or public nuisance or!
the premises,
16. Indemnification
Insofar as it is legally authorized, District shall holc
harmless and free from liability City, members of its Cj
Council, boards or commissions, its officers, agents or
employees while acting as such, from all damages, costs
or expenses which may arise by reason of liability impos
by law because of injury to property or injury or death
persons, received or suffered by reason of use of said I
and appurtenances by District. Insofar as it is legall:
authorized, City shall hold harmless and free from liab:
District, members of the Governing Board, its officers,
agents, servants and employees, while acting as such frc
all damages, costs or expenses which may arise by reas01
14.
,- .~ . .a. ,.
* 3. . ,,
0 ; f5-p.J *
of liability imposed by law because of injury to propert:
or injury to or death of persons, received or suffered b
reason of use of said pool and appurtenances by City or
because of the construction by City of such pool.
17. Insurance
The City agrees to take out and maintain at its expense
public liability insurance with an insurance carrier sat
factory to the District to protect against the City's
liabilities mentioned in paragraph 16 and for damages du
to bodily injury, including.death resulting therefrom,
suffered or alleged to be suffered by any person or
persons whatsoever resulting directly or indirectly fron
any act or activities of City or any person acting for C
or under City's control or direction, and also to protec
against loss from liability for damages to any property
any person. caused directly or indirectly by or from act:
or activities of any person acting for City or under Cit
control or direction. Such insurance shall be maintain€
in full force and effect during the entire term of this
agreement in an.amount of not less than one million doll
($1,000,000) for each occurrence.
A copy of said certificate of insurance shall be sent tc
the office of District. City agrees that this agreemenl
shall terminate, on the option of the District, upon tht
effective date of the cancellation, termination, or sus-
pension of any or all of the insurance policies heretofc
mentioned, unless before such effective date City has
15.
,. .. ,. L d,
I I. * , ..
0 b I520 0
acquired other insurance which, in the determination of
the District, adequately replaces the cancelled insurancc
The District agrees to take out and maintain at its expe
public liability insurance with an insurance carrier sat
factory to City to protect against the District's liabil
ities mentioned in paragraph 16 and for damages due to
bodily injury, including death resulting therefrom, suf-
fered or alleged to be suffered by any person or persons
whatsoever resulting directly or indirectly from any act
or activities of District or any person acting for Distr
or under District's control or direction, and also to
protect against loss from liability for damages to any
property of any person caused directly or indirectly by
or from acts or activities of any person acting for Dis-
trict or under District's control or direction. Such
insurance shall be maintained in full force and effect
during the entire term of this agreement in an amount of
not less than one million dollars ($1,000,000) for each
occurrence.
A copy of said certificate of insurance shall be sent tc
the office of the City Manager. District agrees that t?
agreement shall terminate, on the option of the City, uy
the effective date of the cancellation, termination, or
suspension of any or all of the insurance policies herel
fore mentioned, unless before such effective date the
District has acquired other insurance, which in the
" 16.
,I
I I. .> 4P * , I. ’ i 1521 <.- .
determination of City, adequately replaces the cancelled
insurance.
18. Fire insurance
City shall keep and maintain in full force and effect
during the term of this agreement, fire insurance, inclu
extended coverage, insuring the City and District agains
loss by fire of any facility, building or accessory erec
or constructed in connection with this agreement.
19. Term
Except as hereinafter provided, this agreement shall
terminate on the 5th day of October , 19 9 2 . .J]’jd ft
20. Termination
This agreement may be terminated at any time after final
acceptance by City of the completed pool and compliance
with all sections of this agreement regarding the con-
struction of the pool in the following manner: by Distri
upon ninety days written notice to City; and by City upc
ninety days written notice to District and payment to
District of an amount determined in accordance with thi:
section of the agreement which shall constitute District
intere st in the pool.
For purposes of this agreement, City and District expres
agree that the reasonable value of the pool site is
$200.000.00 dollars. Upon termination of this agrc
the City shall pay District a sum determined as follows:
take $200.000.00 dollars (the value of the site),
divided by 5,575 (the total number of days of the agreer
17.
;*. , .. ,1 . 8 e V
\,. . 1522
term -15 X 365), multiplied by the number of days betwe
9” -CL ese&wm& the termination
dateay~~ CIC.~OBEA 5, j 9 72 a @4
Upon kermination of the agreement, title to the pool sit
shall remain in City.
21.
22.
Review - extension
City !tanager and District Superintendent, or their appoi
representatives, shall meet annually or more often for
purposes of reviewing the implementation of this agreeme
By mutual agreement, City and District may amend the agr
ment: said amendment to be included thereafter in the te
This agreement may also be extended at any time by mutua
action of the parties.
Replacement of pool
If the pool is totally destroyed or is damaged or otheru
is in a state to such an extent that, in the opinion of
parties, the same cannot be economically repaired, this
agreement shall cease and be terminated.
In the event of a termination of the agreement, pursuant
to this section, or at the conclusion of the term of thj
agreement, or any extension thereof, title to the pool E
shall remain in City and District shall not be entitled
to any payment therefor.
23. Damage to pool
Except for damage caused without fault or by act of God,
or by persons or instrumentalities not under the contro:
18.
'. . ,.. ,* j
** .. ,.. . ..
W 1523 W
1 or supervision of the agency having the use of the facil
ity at the time, any damage to physical facilities shall
be the responsibility of the agency having the use of th
facility at the time. If damage occurs to the facilitie
while being used by District, District shall reimburse
City for the cost of repairs. The facilities shall be
returned to City in the same condition as when received,
except for normal wear and tear resulting from usage.
The cost of repairing all other damage including that
caused without fault or by act of God will be shared on
an equal basis.
District shall give prompt notice to City of any damage
to the pool. Notice shall be given in writing to the
City Aquatics Mansger,
In the event such damage precludes the use of the pool b
either party, any continuing operation and maintenance
costs which would be included as direct costs under Sect
9, shall be prorated between City and District on the sa
percentage basis as each party's share of direct costs ~j
for the previous year.
24. Abandonment
City reserves the right at any time prior to commencemen
of construction of the pool to abandon the pool project
by delivering written notice to that effect to District.
Upon delivery of said notice, this agreement shall be of
no further force and effect. If City elects to abandon
19 .:
* 1- . ,., I
Y.
. ,' .
.I _I
SI 0 1524
the pool project after transfer of the pool site, said
site shall be returned by City to District.
CONDITIONS PRECEDENT
1. An express condition precedent to this agreement shall h
the issuance by the Planning Commission, or on appeal by
the City Council, or a conditional use permit for constr
tion of the pool on the pool site. In the event such pe
is not issued, this agreement shall be of no further for
and effect.
2. An express condition precedent to this agreement shall k
the completion of the transfer of the pool by District t
City. In the event said site is not deeded to City in f
free of liens and encumbrances, this agreement shall be
no further force and effect.
IN WITNESS WHEREOF, the parties hereto have executed thi
,..:,;;t'":;..., ,. 'jl.,
,i,ii(. .,,
,.; .. ;, ,+*b &.>X.'
., .. ,rb I $9 ,$ ~~.,~~,.~~..'~'-:~.~' '. "y ', I ,,;!',." ,.., >; $.k' :.;:? ..*:-. .- . .?i . , ,,? 0 ,; ~ . . \\,? ,',!.& 7.:n .+.' CITY OF CARLSBAD, A Municipal
.!~::2,>.x>J *F pya". on the day and year first above written.
I J.;, ., '.'..-&-> .
,.' . ',. ,<', (.,/' ' State of Cal
CARLSBAD UNIFIED SCHOOL DISTRIC
ATTEST :
-%
(39 Lkn,, \ q?&glc% mu, .,
Approved by the Governing Board of
Carlsbad Unified School District
on October 5, 1977.
DONALD L. CLARK
County Counsel
20.
, V" *-I ,a i* .* @ab I525 w;. . , .< . . * * ,. I ,. x
the pool project after transfer of the pool si,te, said
site shall be retur.ned by City to District.
I'
. -I
CONDITIONS PRECEDEPIT
1. An express condition precedent tc this agreement shall bc
the issuarice by the Planning Com.ission, or on appeal by
the City Council, or a conditional use permit for constr,
tion of the pool on the pool site. In the event such pe
is not issued, this agreement shall be of no further forl
and effect .
2. An expr,%ss condition precedent to this agreement shall 'D
the completion of the transfer of the pool by District tl
City. In the event said site is not deeded to City in fl
free of liens and encusbrances, this agreement shall be 1
no further force and effect.
. IN WITXESS I1HEXOE', the parties hereto have executed thir ..
agreement on the day and year first above written.
.. CITY OF CARLSBAD, A Xunicipa;
ATTEST: Corp r tion of the State of Cal
Z&L,-,UJ F(&&,*&- Ry)&.&-,?(. :do j$ < *yRET' E. ADMI$, City Clerk I F-AZEE, 1,lgyor
CARLSBAD UNIFIED SCEGOL DISTRIC' ATTEST: of San Diego County, California
b " 3yQLJg 5L/U
.. ~ .. MARY A. SFHERR, President
BoArd of bdstees
Approved by the Governing Board of
Carlsbad Unified School District
on October 5, 1977.
'City Attorney
DONALD L. CLARK County Counsel
20.
APPROVED AS TO FORM A~w LEGALITY eou co&i&L: A
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244;
CERTIFICATE OF ACCEPTANCE
' This is to certify that the interest in real property conveyed
by grant deed dated October 10, 1977, from the CARLSBA.D..-UN-IFIED
SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA, ts...'~.h~..:p:Ii,Y..-;QF
CARLSBAD, a political corporation and/or governmentaI:-.~a,gency:,:., was accepted by the City Co un ci 1 of the Ci ty of ~~~~~~~~~~;a.~~~.~.~~.~~~;~~,,~~, :. minute motion at a regular meeting he1 d Nove~ber~~l.,~:~~g~~~,~~~~~~~~.~.~~~~,~,.
,"~ . ;x i. ,,s . - . . .,.. , the grantee consents to the recordation thereof ~Q:-::j'~~',dna.:~~:.,r. ?x-::.:, :: . -.I-. ;-$ =y . '! "9.. authorized officer. .. .. . ..- ,. .,. ~,.,~ G41! :(I '.' . . -. . .
DATED: November 22, 1977 t
. ..I ._. . , '+ : , , " . 11' ^l) ,_ , . ,~, , s . . =. , ~