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HomeMy WebLinkAbout1984-01-17; City Council; Resolution 74761 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E 17 1E 1s 2c 21 22 2: 24 25 26 27 2€ RESOLUTION NO. ?/!,e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT FOR USE OF HARDING COMMUNITY CENTER BY THE SENIOR CITIZENS' ASSOCIATION. 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 Senior Citizens' Association for use of Harding Community Center, a copy of which is attached hereto and made a part hereof is approved. 2. That the mayor of the City of Carlsbad is hereby authorized and directed to create 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 17th day of ~an~an/ , 1984, by the following vote, to wit: AYES: Council Msrhrs Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None ATTEST : 1 ALA& ALETHA L. RAUTENKRANZ, City Clegk d- ( SEAL) 4 AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND ME CARLSBAD SENIOR CITIZENS ASSOCIATION FOR USE OF CERTAIN CITY PROPERTY COMMONLY KNOWN AS HARDING COMMUNITY CENTER. THIS PERMIT AGREEMENT is entered into by and between the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Carlsbad Senior Citizens Association, hc., a California corporation (hereinafter called "Association") and is made in reference to the following facts: A. The City owns a certain building located at 3096 Harding and is known as Harding Community Center. This certain building is currently used for City park and recreational purposes. B. The Association seeks to use certain portions of the Harding Community Center in a manner that will increase the enjoyment of the public who use the property and enhance the City's park and recreational programs. C. The Association intends to use the property to provide social and recreational service to all Carlsbad citizens and particularly to Carlsbad senior citizens . D. Use of the certain portions of Harding Community Center by the Association will benefit the public health and welfare and will enhance the park and recreation programs of the City for the benefit of the general public. THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City agrees to permit the Association to use those portions of the Harding Community Center designated on "Attachment A" to this agreement, attached hereto and incorporated by reference, subject to the full and faithful performance of each and every obligation imposed upon the Association by this permit agreement. 3 2. Association agrees to use the Harding Community Center to conduct social and recreational programs designed to promote the health, welfare and recreation of senior citizens and the general public and as a meeting place for senior citizens and the general public and for any permitted other use. Except as otherwise stated in this agreement, prior approval of any use must be obtained from the City Manager or his designated alternate. 3. The Association may use the Recreation Hall at Harding Community Center from 10 AM to 2 PM, Monday through Friday, for their nutritional programs. The Association shall have exclusive use of the north portion of the Center building at Harding Community Center. 4. The Association shall not allow any other organization or business to use those portions of the Harding Community Center reserved for the use of the Association. 5. The City reserves the right to permit and schedule the use of the The City, Harding Community Center by organizations other than the Association. through the City Manager or his designee, shall coordinate the use of the Harding Community Center to avoid conflict with scheduled Association activities. 3) others. Priorities for use will be 1) City 2) Senior Citizen Association, 6. All activities conducted by the Association at the Harding Community open to the members of the Association and to the general Center shall be public. 7. Association may charge a fee to persons participating in Association activities conducted at the Harding Community Center. The amount of such fees shall reasonably relate to the cost of the Association for conducting such activity and shall be approved in advance by the City Manager or his designee. -2- 8. Association agrees to comply with all applicable laws and will not erect any sign or install any fixture without the prior written consent of the City . 9. Association shall not assign or otherwise transfer its rights and privileges arising from this permit agreement. IO. City shall make all required repairs to Harding Community Center. 11. During the term of this permit agreement Association shall care for and maintain in a clean, safe condition those portions of the Harding Community Center and contents and appurtenances thereto which the Association occupies at its own expense to the satisfaction of the City. 12. If Harding Community Center is destroyed beyond reasonable repair, the City, at its option, may reconstruct the Center or terminate this permit agreement and the parties shall bear no further obligations thereafter. 13. Association shall make no alterations to Harding Community Center or the Harding Community Center property without prior consent of the City. 14. The utilities, including water, shall be paid for by the City. The Association will, however, pay for their own telephone service. 15. 16. The Association will be allowed to remodel the kitchen in the The Association is responsible for all moving costs. Recreation Hall at Harding Community Center. City. The plans must be approved by the The Association will provide their own funding for any remodeling or refurbishing . 17. In order to provide funds for the operation of the Association's programs, the Association may establish civic and other services at Harding Community Center provided that the operation of such services does not -3- significantly interfere with the provision of social and recreational services and programs. Council. Revenues from such services shall be reported monthly to the City 18. When the method of operation or quality and character of service rendered by the Association are not fully in compliance with the provisions of this agreement, or are not adequately meeting the needs of the public for reasons properly within the control of the Association, or if the Association violates any of the terms of this permit agreement , then the City, by the City Council, may terminate this agreement immediately and the parties shall have no further obligation thereafter. 19. For use of Harding Community Center as described herein during the term, the Association shall pay to the City the sum of $1.00 annually due and payable on the date of execution of this permit agreement by the City and annually on the anniversary date of the agreement, unless the agreement is otherwise terminated. 20. Association agrees to hold City totally harmless for all costs, expenses, claims and liability arising out of Association's use of the Harding Community Center. To substantiate the Assocation's ability to comply with this provision, Association shall maintain a policy of liability and property insurance with limits of $1,000,000,00 and naming the City as an additional insured and shall carry a policy of worker's compensation insurance covering any and all of the Association's employees, adequate insurance to cover any injury occurring to a volunteer providing service to the Association and arising out of the provision of that service. The insurance policies are subject to approval by the City. The Association shall be responsible for ensuring that the Harding Community Center is The Association shall also provide -4- maintained in a safe condition and shall immediately inform the City of any condition which may render the building or any portion of the property unsafe. 21. At the conclusion of the term or the earlier termination thereof, Association shall surrender possession of the property to the City in as good order and condition as existed at the time of the commencement of the permit agreement with the exception of ordinary wear and tear. 22. This permit agreement shall take effect and the term shall commence upon the date of execution by the City and shall be automatically extended for successive one year periods, provided that Assocation has fully complied with the terms and conditions of the permit agreement and unless sixty days notice of termination is given by either party. Notwithstanding, anything to the contrary in this paragraph either party may terminate this agreement at any time by giving ninety (90) days prior notice to the other. 23. Use of Harding Community Center by Association shall be subject to the City’s Park and Recreation Facilities Use Regulations provided, however, that the Association does not have to pay fees for use of Harding Community Center except for activities that are of a fund-raising nature. 24. The Association may use the Auditorium for bingo on Saturday evenings at a cost of $150 per night. Recreation Hall on Saturday evenings for bingo, the Association must pay an additional $150 per night. If the Association also requests the use of the 25. 22, 1980, entitled Agreement with the Senior Citizen Association for the Use of Magee House and Amendment to Agreement with Carlsbad Senior Citizen Association dated August 5, 1980 is superseded by this agreement and shall be of no further force or effect. The prior agreement between the City and the Association dated February -5- 7 26. Association shall provide the Parks and Recreation Director with two sets of keys to all locks installed by the Association on the premises, except keys for any safe or safety box. EXECUTED this day of , 1984, by the parties as f 0110 ws: ATTEST : ALETHA L. RAUTENKRANZ, City Clerk CITY OF CARLSBAD, California, a municipal corpora t ion By : MARY CASLER, Mayor CARLSBAD SENIOR CITIZENS ASSOCIATION, INC., a California corporation By : CHAIRPERSON/EXECUTIVE DIRECTOR APPROVED AS TO FORM: VXNCENT F. BIONDO, 3R., City Attorney By : DANIEL S. HENTSCHKE, Assistant City Attorney -6- 7 0 1 c v) rD (<" $7 v) 0 0 -1. W rt: 0 3 Ea i? w 0 0 a. W z!. 0 3 3 W v) c w rD -h 1 0 3 0 D 3 I N -0 ZE 3 0 3 I 7 A 2. r I