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HomeMy WebLinkAbout1981-09-15; City Council; Resolution 66751 2 3 4 5 6 7 a 9 10 11 12 12 14 15 16 17 1E 19 2c 21 22 22 24 25 26 27 28 RESOLUTION NO. 6675 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. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and the Encinitas Union Elementary School District for use of Levante School site for a community recreation program, a copy of which is attached hereto marked Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby author- ized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 15th day of SePtder , 1981, by the following vote, to wit: AYES : Council Mahers Packard, Casler , hear, Lewis and KdchFn NOES: Nme ABSENT: Nane RONALD C. PACKARD, Mayor ATTEST: A AGREEMENT FOR MAINTENANCE AND USE OF LEVANTE SCHOOL SITE, 'LA COSTA, BETWEEN THE CITY OF CARLSBAD AND ENCINITAS UNION ELEMENTARY SCHOOL DISTRICT THIS AGREEMENT is made and entered into this day of , 1981, 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 County, State of California, hereinafter referred to as the "District". WITNESSETH: WHEREAS, in order to promote and provide for the health and general welfare of the people of Carlsbad, and to cultivate the development of good citizenship by an adequate program of community recreation, the parties hereto desire to enter into an agreement for a community 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; an d 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 community and will contribute to the attainment of the general recreation objectives for children and Exhibit "A" 3 adults within the community; and WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7, Division'l, 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 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 cooperat; 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 fallows: 1. The District shall provide at no cost to the City for outdoor recreational activities the use of the landscaped grounds, restroom facilities, storage areas, all playground equipment and a 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 Park and Recreation Department, agrees to conduct, maintain, and operate on said site and on such facilities and -2- equipment as may be made available by the District and City, 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 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 any event, thing, accident or occurrence that should occur during the operaJion of said program and which is within the scope of control of said City or its employees. 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 or its authorized repre- sentative. 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 tne 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 placed, used and maintained at no cost to-:the :District.iandzthe-: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. City shall be allowed to retain the District park site 6. -3- c 0 a for City-owned relocatable recreation building for a minimum of seven years commencing January 1, 1981. 7. The School District shall have the priority of use of the site, building, or any part thereof, during regular school hours (8:OO a.m. to 3:OO p.m.1 on such days that the ltLevantet' School is in session. The City shall have priority of use of the site, building, or any part thereof, during non-school (Levante) hours, (3:30 p.m. to 11:OO p.m. on non-school days.) However, the City 'B shall be given written notification two weeks in advance of any intended use of the building by the School District. The responsi- bility of scheduling of the building, for community department use, shall lie with the City as per Council policy. 8. All person's employed in the performance of services and w I 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 City. Said District shall not be called upon to assume any liability for the direct payment of any salary, wage, or other com- pensation 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 further convenanted and agreed, except as otherwise provided, neithep party shall be responsible to the other party for the cost of this program. The City convenants and agrees to be i-2. -4- 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. 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. The District covenants and agrees to pay all costs of 10. The recreation program conducted by the City shall be open to participation by all students 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 City. 11. The City 'shall maintain the landscaped area by mowing, fertilizing and edging the grass; maintaining the installed +a irrigation system; applying necessary chemicals; and cleaning and .os stocking the restroom facilities at the expense of the City. 12. 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 re- quested by the City. 13. No alterations, improvements or additions shall be made .... by City without prior written approval of District. alterations, improvements or additions shall be made and performed Any and all 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 -5- 0 0 restroom and storage facilities. 15. The City shall provide and pay for all electrical utilities necessary to maintain and operate the grounds and restroom and storage facilities and recreation building. 16. City and District, at their respective expense, shall comply with and observe and secure compliance and observation with all the requirements of the Carlsbad Municipal Code and all Munici- pay, 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 int 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 -c 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 -6- v 0 e property caused as a direct result of any recreational activity being conducted on said premises by the City. 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. d 19. Except as hereinafter provided, this agreement shall terminate 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 iL" sixty days written notice. -7- IN WITNESS WHEREOF, the parties have executed this agreement on the day and year written above. ATTEST: CITY OF CARLSBAD, A-Municipal Corporation of the State of California E&ZkXd RONALD C. PACKARD, Mayor ATTEST : ENCINITAS UNION ELEMENTARY SCHOOL DISTRICT Mary Jo Nortman, Clerk Board of Trustees APPROVED AS TO, FORM: - .X SCHOOL DISTRICT COUNSEL G. Ronald Smith, President Board of Trustees a. Donald E. Lindstrom, Superintendent and Secretary, Board of Trustees -8-