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HomeMy WebLinkAbout1987-09-08; City Council; Resolution 92341 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9234 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REVISED USE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE ENCINITAS UNION SCHOOL DISTRICT FOR THE LEVANTE PARK/LA COSTA HEIGHTS SCHOOL SITE. WHEREAS, the Encinitas Union School District has recently constructed the La Costa Heights Elementary School on the Levante Park site; and WHEREAS, the City of Carlsbad currently provides recreation programs and landscape maintenance responsibilities at Levante Park; and WHEREAS, the existing use agreement needs to redefine landscape maintenance responsibilities adjacent to the La Costa Heights School. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Joint Use Agreement between the City of Carlsbad and the Encinitas Union School District, a copy of which is attached here to and made a part thereof, is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorized 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 held on the 8th day of September , 1987, by the following vote, to wit: .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson , I I NOES: None ATTEST : o,& J ALETHA L. RA~~TENK (SEAL) // // // // // // // // // // // // // // // // // // // // AGREEMENT FOR MAINTENANCE AND USE OF LEVANTE SCHOOL SITE BETWEEN THE CITY OF CARLSBAD AND ENCINITAS UNION SCHOOL DISTRICT THIS AGREEMENT is made and entered into this 7yrd day of July , 1987, by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as the "City," and the Encinitas Union School District, San 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 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 a agreement for a community recreation program on the Levante school site, La Costa Heights School, within the City; and WHEREAS, the City has heretofore created and established a Park and Recreation Commission and has developed and established a part 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 facilities are not in use by the District, will . . : -2- 2promote the health and welfare of the community 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 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, developed as the La Costa Heights Elementary School, but desires the City shall have 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 to the following: 1. The District shall provide at no cost to the City for use of the landscaped play fields, rest room facilities, building all playground equipment and a site for a city-owned relocatable building located on the Levante school site, La Costa Heights Elementary School, 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, .. .3- e 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 operation 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 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. 5. The City-owned relocatable building will be placed, used, and maintained at no cost to the District and the City will remove or bring the building to the 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 for City- owned relocatable recreation building for the duration of this agreement. 7. The School District shall have the priority of use of the site, building, or any part thereof, during regular school hours (8:OO AM to 3:OO -4- PM) on such days that the La Costa Heights School is in session. The City shall have priority of use of the site, building, or any part thereof, during non-school (La Costa Heights) hours, (3:30 PM to 11:OO PM on school days.) However, the City shall be given written notification two weeks in advance of any intended use of the building by the School District. The responsibility of scheduling of the buildinq, for community department use, shall lie with the City as per Council policy. 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 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 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 covenanted and agreed, except as otherwise 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 covenants and agrees to pay all costs of its employees necessary in connection with this program and said District further covenants and agrees that no rental change fee will be imposed on the City in respect to the operation of this program. -5- 0 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 Department of the City. 11. The City shall maintain the landscape areas, other than those immediately around the school building and parking lot by mowing, fertilizing, and edging the grass; maintaining the installed irrigation system; applying necessary chemicals; and cleaning and stocking the rest room facilities at the expense of the City. 12. The District shall be responsible for all repairs necessary to maintain the rest room 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. 13. No alterations, improvements or additions shall be made by City without prior written approval of the District. Any and all alterations, improvements or additions shall be made and performed in a good workmanlike manner and in accordance with all statues, 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 rest rooms and storage facilities. 15. The City shall provide and pay for all electrical utilities necessary to maintain and operate the grounds and rest room 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 Municipal, County, State, and Federal 0 ..I -6- e. ordinances, codes, statutes, and regulations now in force or which may hereafter be enforced applicable to the grounds, rest room, and storage facilities and equipment. 17. Insofar as it is legally authorized, District shall hold free and harmless the 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 the 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 the 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. 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, arising out of, the performance of this agreement 19. Except as hereinafter provided, this agreement shall terminate on the 31st day of December 1995, 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 Rotice. IN WITNESS WHEREOF, the parties ha and year written above. e executed this Agreement on the day ATTEST: CITY OF CARLSBAD, A Municipal - - -. _. -. - - Mayor Lee Rautenkrantz City Clerk California Cl”aud~ 4. Lewis ATTEST : ENCINITAS UNION SCHOOL USTRICT ritb, Superintendent and WILLIAM CARL1 Clerk, Board of Trustees Secretary, Board of Trustees APPROVED AS TO FORM: h APPROVED AS TO FORM: SCHOOL DISTRICT COUNSEL City Attorney J