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HomeMy WebLinkAbout1981-05-19; City Council; Resolution 65301 2 3 4 5 6 7 e 9 10 11 1% 12 14 1E 1E l'i 1E l! 2( 2: 2: 2: 21 2! 2t 2' 2l RESOLUTION NO. 6530 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CTTY OF CARLSBAD AND THE ENCINITAS UNION ELEMENTARY SCHOOL DISTRICT FOR USE OF LEVANTE SCHOOL SITE FOR A COMMUNITY RECREAJION PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does tereby resolve as follows: 1. That ceritain agreement between the City of Carlsbad and ;he Encinitas Union Elementary School District for use of Levante School ;ite for a community recreation program, a copy of which is attached hereto larked Exhibit "A," and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized ind directed to execute said agreement for and on behalf of the City if Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Zouncil of the City of Carlsbad, California, held on the 19th day of May , 1981, by the following vote, to wit: AYES: Council Mesnbers Padkard, Casler, hear & Kulchin NOES: N(JJE ATTEST : (SEAL) AGREEMENT FOR PIAINTENANCE AND USE: OF LEVANTE SCHOOL SITE, LA COSTA, BETWEEN THE CITY OF CARLSBAD AND ENCINITAS UNION ELEMENTARY SCHOOL DISTRICT THIS AGREEMENT is made and ectered into this 5th day of May , 1981, by and between the City of Carlsbad, a hereinafter referred to as the ttCity,rr municipal corporation and the Encinitas Union Elementary School District, Sari Diego County, State of California, hereinafter referred to as the "District. '' W I T N E S S E T H: WHEREAS, in order to promote and provide for the health and general welr'are of the people of Carlsbad, and to cultivate the development of good citizenship by an adequate program of community recreation, the parties knsreto desire to enter into art agreement for a ccmmunity recreation program on the Levante School site within the City; and WHEREAS, 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 pronote the health and welfare of the cormunity and will contribute to the adults within the community; and WHEREAS, cit.ies 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; an d WHEREAS, it is also provided by said Chapter 10 of Part 7, Division 1, Title 1 of the Education Code that the foregoing entities may cooperate with each other to carry out these purposes, and to that end may enter into agreements with each other and may 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 and for location of a City-owned recreation building; NOW, THEREFORE, THE CITY AND THE DISTRICT agree as follows: 1. The District shall provide at no cost to the City for outdoor recreational activities the use of the landscaped grounds, restroom facilities , st'arage areas all playground equipment an2 tt site for a City-owned relocatable building 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. 2. The City of Carlsbad, through its Park and Recreation Commission and Par.k and Recreation Department, agrees to conduct, maintain, and oper.ate on said site and on such facilities and Agenda No. 3.6(c) -2- May 5, 1981 ab 0 equipment as nay be made available by the District and City, a program of supervised recreation arid the City agrees to supply all necessary supervision, leadership, ?laming, and personnel for the maintenance and operation of said program. 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, or zny event, thing, accident or occurrence that should occur during the operation of said program and which 2s within the scope of control of said City or its employees. 4. The recreation program shall be under the jurisdication and control of the Parks and Recreation Comxissioa of the City. Said program shall consist of activities and at that level as determined by the City Comcil or its authorized 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 an6 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. 5. The City-owned relocatable building will be $laced, used and maintained at no cost to the District and the City will remove or bring the building to State Department of Architecture standards at no cost to the district when a school is placed on the site. 6. City shall be allowed to retain the District park site Agenda No. 3.6”(d) -3- Iiay 5, 1981 for City-owned relocatable recreation building for a minimum of seven years commencing January 1, 1981. 7. City shall be allowed to use the site for its recreational Howevew8 programs from 8:OO A.M. until 11:OO P.M, daily. District shall have priority& the use of the site or any part thereof, or any facility or equipment thereon for District purposes th exception of the bqilding,k if it notifies the City in writing at least two weeks in advance of the intended use of the site, 8, All persons employed in the performance of services and functions for said City shall be deemed City employees and no City employee as such shall be considered as an employee of the District or under the jurisdiction of the District, nor shall such City employees have any District pension, civil service, or other status or like while an employee of the Cityo 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 for said City, or any liability other than that provided for in this agreement. Said City shall not be liable for compensation or indemnity to any District employee for injury or sickness or wages arising out of this employment with said District. 9. It is furither convenanted and agreed, except as otherwise provided, neither party shall be responsible to the other party for the cost of this program. The City convenants 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 covenants and agrees to pay all costs of Agenda No. 3.6(e) May 5, 1981 -4- its employees necessary in connection with this program and said District further covenants and agrees that no rental charge or fee will be imposed on the City in respect to the operation of this program. 10. The recreation program conducted by the City shall be open to participation by all studep-ts residing in the District and residents of Carlsbad, but such participation shall be subject to any rules and regulations adopted by the Park and Recreation De- partment of the Ci-ty. 11. The City shall maintain the landscaped area by mowing, fertilizing and edging the grass; maintaining the installed irrigation system; applying necessary chemicals; and cleaning and stocking the restroom facilities at the expense of the City. 12. The District shall be responsible for all repairs nec- essary to maintain the restroom and storage facilities and all playground equipment in a safe and usable manner- shall make such repairs within a reasonable time after being re- quested by the Cityo The District 13. No alterbations, improvements or additions shall be made by City without prior written approval of District. Any and all 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. 14. The District shall provide and pay for all water and sewage utilities necessary to maintain and operate the grounds and restroom and storage facilities. 15. The City shall provide and pay for all electrical util- ities necessary to maintain and operate the grounds and restroom Agenda No. 3.6Cf) Bray 5, 1981 -5- a and storage facilities and recreation 16. City and District, at their building e respective expense, shall comply with and observe and secure compliance and observation with all the requirements of the Carlsbad Municipal Code and all Munic- ipal, County, State and Federal ordinances, codes, statutes and regulations now in force or which may hereafter be in force appli- cable to the grounds, restroom and storage facilities and equipment. 17. Insofar as it is legally authorized, District shall hold free and harmless 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 or any ground, site, building, equipment, play areas, recreation facilities or other improvement located on the premises owned or maintained by District, or participation in any activity carried out or sponsored by the District under Paragraph 7 hereof. 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 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 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. Agenda No. 3.6tg) -6- May 5, 1981 .* e 18. The City further covenants and agrees during the term 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 because of negligence, negligent act, or omission on the part of any City Officer or employee during the course of, and arising out of, the performance of this agreement. 19. Except as hereinafter provided, this agreement shallter- minate on the 1st day of January, 1988 and will be automatically renewed on a year to year basis until such time as the City or District notifies the other party that a termination is desired as hereinafter provided, 20. Subject to the provisions of Paragraph 6 hereof, this agreement may be terminated at any time by either party hereto upon sixty days written notice, Agenda No. 3.6fh) May 5, 1981 on the ATTEST: IN WITNESS WHEREOF, the parties have executed this agreement day and year written above. CITY OF CARLSBAD, A Municipal Corporation of the State of California ATTEST: ENCINITAS UNION ELEMENTARY SCHOOL DISTZICT Nary J$ Wrtman, Clerk Board of Trustees Board of Trustees OVED,'AS TO FORM; & and Secretary, Board of- Trustees APPROVED AS TO FOPSI: SCHOOL DISTRICT COUNSEL Agenda No. 3.6( i) Yay 5, 1981 -8-