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HomeMy WebLinkAbout1979-02-20; City Council; Resolution 56811 II RESOLUTION NO. 5681 2 3 4 5 6 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 23 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; . and WHEREAS, the operation of a community recreation program * on a school district site or with school district facilities, .. 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; and \- 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, .. and to that end may enter into agreements with each other and may 4 do all things necessary or convenient to aid and cooperate in carrying out such purposes; and - .. *. .. 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. 2.' 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. - .- 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. '3. . .. .. .. .. ,. . , / 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 , . * 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 .- in connection therewith, The District covenanis and agree$ to 4. . ..: 1. . .. 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 ! .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 4 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. 5. 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 .' 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 ' _. 6. . . .. 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. b . 16. The City further covenants and agrees during the term .; * 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. , 7. ., . .. . .. 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: c