HomeMy WebLinkAbout1979-02-20; City Council; Resolution 56811 II RESOLUTION NO. 5681
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE ENCINITAS UNION ELEMENTARY SCHOOL DISTRICT FOR USE OF LEVANTE SCHOOL SITE FOR A COMMUNITY RECREATION PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.
7 The City Council of the City of Carlsbad, California, does
8 hereby resolve as follows:
9 1. That that certain agreement between the City of
10 Carlsbad and the Encinitas Union Elementary School District for
11 use of Levante School site for a community recreation program,
12 a copy of which is attached hereto marked Exhibit "A" and made a
13 part hereof, is hereby approved.
14 2. That the Mayor of the City of Carlsbad is hereby
15 authorized and directed to execute said agreement for and on
16 behalf of the City of Carlsbad.
17 PASSED, APPROVED AND ADOPTED at a regular meeting of the
18 City Council of the City of Carlsbad, California, held on the
19 20thday of February 1979, by the following vote, to wit:
20 AYES: Councilmen Packard, Skotnicki, Anear, Lewis and
21 Councilwoman Casler NOES: None
22 ABSENT: None
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RONALD c. PACKARD, Mayor 24
ATTEST: 25
/ 8 t??iLztA- 26 ALETHA L. RAUTENKRANZ, City c
27 (SEAL) I! 28
EXHIBIT "A" TO RESOLUTION
NO, 5681 a a
AGREEMENT FOR MAINTENANCE AND
USE 0F.LEVANTE SCHOOL SITE, LA COSTA, BETIEEN THE CITY OF
CARLSBAD AND ENCIEJITAS UNION '
ELEMENTARY SCHOOL DISTRICT
THIS AGREEMENT is made and entered into this 16th day of
January 1979 - , by and between the City of Carlsbad, a
'municipal corporation, hereinafter referred to as the "City,"
and the Encinitas Union Elementary School District, San Diego
~ounty, State of California, hereinafter referred to as the
"District."
W, I T N E S S E T R:
WHEREAS, in order.to promote and provide for the 1 health
and general welfare of the people of Carlsbad, and to cultivate
the development of good citizenship by an adequate program of
comiuzity recreation, the parties hereto desire to enter into an
agrecsent for a community recreation program on the Levante School
site within the City; and
WEREAS, the City has heretofore created and established a
Park and Recreation Commission and has developed and established
a park program and desires to employ persons qualified to supervise,
direct, and conduct a recreation program for the City of CarLsbad;
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WHEREAS, the operation of a community recreation program
* on a school district site or with school district facilities,
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through the City Park and Recreation Department, when said site
or facilities are not in use by the District, will promote the
health and welfare of the comunity and will contribute to the
attainment of the general recreation objectives for children and
adults within the community; and
WHEREAS, ' cities and school districts are authorized by
Chapter 10 of Part 7, Division 1, Title 1 of the Education
Code of the State of California to organize, promote, and conduct
a program of community recreation and to operate a community
recreation center within and without their territorial. limits;
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WHEREAS, it is also provided by said Chapter 10 of Part 7,
Division 1, Title 1 of the Education Code that the foregoing
entigies may cooperate with each other to carry out these purposes,
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and to that end may enter into agreements with each other and may
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do all things necessary or convenient to aid and cooperate in
carrying out such purposes; and - .. *.
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WHEREAS, the District owns the Levante School Site and does
not intend to use said site until such time as construction of a
school facility therein is begun,' but desires that the City shall
have the use of said site for community recreational purposes;
NOW, THEREFORE, THE CITY AND THE DISTRXCT agree as follows:
1. The District shall provide at no cost to the City for
outdoor recreaeional activities the use of the landscaped grounds, ,
.* rcstroom facilities, storage area and all playground equipment
presently located in the area known as the Levante School site,
Parcel No. 24, Lot No. 250 as shown on San Diego County'Assessor's
Map No. 7457, a copy of which is attached hereto as Exhibit A and
made a part hereof.
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2. The City of Carlsbad, through its Park and Recreation
Commission and Park and Recreation Department, agrees to conduct,
maint;ain, and operate on said site and on such facilities and
equipment as may be made available by the District, a program *
of supervised recreation and the City agrees to supply all
necessary supervision, leadership, planning, and personnel for
the maintenance and operation of said prograh.
3. The City shall at all times be responsible for the
planning and operation of the recreation program, as well as
for the acts of its employees 8 or any event, 'thing , accident
or occurrence that should occur during the operation of said
program and which is within the scope of control of said City
or its employees. I
4, The recreation program shall be under the jurisdiction
and control of the Parks and Recreation Commission of the" City. -
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Said program shall consist of activities and at that
level as determined by the City Council ox its aufihorized
representative.
For the purpose of coordinating the activities herein
contemplated , the City,hereby appoints its Parks and Recreation
Director as the representative of the City and the City's Park
and Recreation Commission, who shall be the responsible manager
of the recreation program,and shall coordinate all aspects of ..
this program with the District, its governing BOard, and the .. Park
and Recreation Commission of the City.
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5. City shall be allowed to use the site for its recreational
programs from 8:OO A.M, until 11:OO P.M, daily. However, the
District shall have priority in the use of the site or any part
thereof, or any facility or equipment thereon for District purposes
if it notifies the City in writing at least forty-eight hours in
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* advance of the intended use of the site,
.6. All persons employed in the performance of services and
functions for said City shall be deemed City employees and no
City enployee as such shall be.considered as an employee of the
District or under the jurisdiction of the District, nor shall such
City Employees hilve any District pension, . .. civil service, or other ... .
t status or like while an employee of the City.
Said District shall not be called upon to assume any
.. .... liability for the direct payment of any salary, wage, or other
compensation to any City personnel performing services hereunder
I . for' said City, or any liability other than that provided for in
this agreement,
or ipdemnity to any District employee for injury or sickness or-
wage;s arising out of his employment with said District.
Said City shall not be liable for compensation
0 . 7. It is further convenanted and agfeed, except as other-
wise provided, neither party shall be responsible to the other
party for the cost of this program. The City covenants and agrees ' , ,
. to be responsible and to pay all charges that it should incur in
respect to the operation of this recreation program, including
"the cost of service of its employees as well as incidental costs
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in connection therewith, The District covenanis and agree$ to
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pay qll costs ofits employees necessary in connection with this
progpm and said District further covenants and agrees that no
rental charge or fee will be im9osed on the City in respect to
the Operation of this program.
8. The recreation program conducted by the City shall be
open to participation by any and all persons residing within the
boundaries of the District and City, but such participation shall
be subject to any rules and regulations adopted by the Park and
'Recreation Department of the City. -<
9- The City shall maintain the landscaped area by mowing,
fertilizing and edging the grass; maintaining the installed
irrigation system; applying necessary chemicals; and cleaning
Ad stocking the restroom facilities at the expense of the .I. City.
10. The, District shall be responsible for all repairs
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.necessary to maintain the restroom and storage facilities and
all playground equipment in a safe and usable manner. , The.
District shall make such repairs within a reasonable time after
being requested by the City.
.ll. No alterations, improvements or additions shall be made
Any and all
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by City without prior written approval of District-
alterations, improvements or additions shall be made and performed
'in a good workmanlike manner and in accordance with all statutes,
ordinances and regulations applicable thereto.
12. The District shall provide and pay for all water and
sewage utilities necessary to maintain and Operate the grounds and
restroom and storage facilities.
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13. The City shall provide and.pay for all electrical
' utilities necessary to maintain and operate the grounds and rest-
room and storage facilities.
14. City and District, at their respective expense, shall
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comp&y with and observe and secure compliance and observation with
all $he requirements of the Carlsbad Municipal Code and all
Municipal, County, State and Federal ordinances, codes, statutes
and gegulations now in force or which may hereafter be in force
applicable to the grounds, restroom and storage facilities and
equipment . .I
15. Insofar-as it is legally authorized, District shall hold .. ... . free and hamless City', members of the City Counci1,:boards or
commissions, its employees, officers and agents, while acting as
suchp from all claims, loss, damages, Costs, expenses or -%iability -
.- which nay arise.by reason OE liability imposed by law because of
injury to property or injury to or death of persons, .rece.ived or
suffered by reason of any defective or dangerous Condition of
any cground, site, building, equipment, play areas, recreation
faciLities or other improvement located on the premises owned or
maintained by District', ..
Insofar as it is legally authorized, City shall hold
free and harmless District, members of the governing board, its
employees, officers and agents, while acting as Such, from all
claims, loss, damages,. Costs# expenses ox Liability which may '
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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 community recreational
program upon said premises and, further, the City shall be
responsible for any and all damages to school property caused
as a direct result of any recreational activity being conducted
on said premises by the City.
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16. The City further covenants and agrees during the term
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t of this agreement, to maintain liability insurance, insuring
said City, as well, as said>District, its officers and responsible .-
employees, from any liability that might arise becau3e of
negligence, negligent act, or omission on the part of any - City
the performance of this agreement.
. 17. Except as hereinafter provided, this agreement shall
terminate on the 16th day of January
option of the City, with the consent and approval of the
19 80 and at the
. Governing Board of the District, may be renewed for successive
periods of time as agreed upon between the City and the
District.
18. This agreement may be terminated at any time by either ) #
party hereto upon sixty days written notice.
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IN WITNESS WHEREOF., the parties have executed this agreement
on the day and year wxitten abbve.
ATTEST : CITY OF CAFLLSBAD, A Municipal . Corporation of the State of California
ATTEST: ENCIRITAS UNION ELEMENTARY SCHOOL
DISTRICT
Board of Tru
APPROVED AS TO FORM:
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