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HomeMy WebLinkAbout1989-03-07; City Council; Resolution 89-73I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I e e RESOLUTION NO. 89 - 71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRIl FOR JOINT USE AND COMMUNITY RECREATION UTILIZING SCHOOL DISTRICT FACILITIES WHEREAS, a Joint Use Agreement between the City of Carlsb and the Carlsbad Unified School District is necessary utilize School District facilities to provide for t recreation needs of the community, and; WHEREAS, the existing use agreement has been revised 1 reflect a change in the current maintenance responsibilitif of School District facilities, and; WHEREAS, the City Council and the Carlsbad Unified Schoc District Board of Trustees are in accord with the terms of tl agreement attached hereto and made a part here, NOW THEREFORE BE IT RESOLVED, the City Council of the Cii of Carlsbad the following: 1. That the above recitations are true and correct. 2. That certain agreements between the City of Carlsbad and the Carlsbad Unified School District for Joint Use and Community Recreation attached hereto and made a part hereof is hereby approved. 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 0 0 PASSED, APPROVE AND ADOPTED at a regular meeting of the Ci of Carlsbad, California, held on this 7 th day of Mar 1989, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT : None ATTEST : LllLLLQ- Aletha Rautenkranz, Cita Clerk 1 1 1 1 ~ 1 I 0 e JOINT USE AND COMMUNITY RECREATION AGREEMENT BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT AND CITY OF CARLSBAD THIS AGREEMENT, made and entered into as of the day , 1988, by and between CITY OF CARLSBAD, a munici corporation, hereinafter referred to as ItCitylt and the Carls Unified School District, State of California, hereinafter refer to as llDistrict*l. WITNESSETH WHEREAS, the governing bodies of the City and District mutually interested in an adequate program of community recreat under the auspices of the City Parks and Recreation Department; in cooperation with the District; and WHEREAS, cities and school districts are authorized by Chal 10 of Part 7 of Division 1, Title 1 of the Education Code of State of California (sections 10900 et. sec.) to organize, promc and conduct a community recreation program and activities wil or without their territorial limits; and WHEREAS, said governing bodies are authorized to enter 1 agreements with each other, to promote the health and gent welfare of the community and contribute to the attainment of general recreation objectives for children and adults within community; and EXHIBIT 2 e 0 WHEREAS, the City has established a Parks and Recreat Department responsible for carrying out the purposes of commun recreation; and WHEREAS, in the interest of providing the best service w the least possible expenditure of public funds, cooperation betw the City and the District is necessary; NOW, THEREFORE, the City and District agree as follows: 1. The District will make available to thecity and sch buildings, grounds, playgrounds, and multiuse athletic ar ("school facilitiesv1) for the purpose of conducting a diversif community recreational program. 2. The use of school facilities shall be in accordance w the regular procedures of the District in granting requests for of school facilities as specified by Chapter 10 of Part 7 Division 1, Title 1 of the Education Code for the State California and the policies, rules and regulations of the Govern Board . 3. The recreation program conducted by the City on sch facilities shall be open on equal terms to all persons resid within the boundaries of the District and City, but s participation shall' be subject to rules and regulations adopted the City Council and the School District. 4. A schedule of dates for the use of the Distr facilities will be worked out in advance by the City in agreen with the District and that this schedule will be arranged as avoid conflict between school and recreation use; that in 2 e 0 scheduling of said facilities, school events and progral established by the Parks and Recreation Department, shall hl second priority, and any other events by other groups or agenc. shall have third priority. 5. In the event of any dispute or difference arising a! result of the recreation program being conducted on C facilities, on the sites jointly used, or as to the use of District facility, then, in that event, said dispute or differe: shall be settled and arbitrated by appealing to the City Manac and Superintendent of the district, in accordance with establisl policies and procedures of the District and City. 6. The Parks and Recreation Department will provide or cal to be provided all expendable materials, i.e. bats, balls, etc necessary for carrying on its recreation program for all ages tl will be conducted on the facilities. 7. The City may install and maintain sprinkler systel turf, playground/equipment, fencing and additional recreatiol equipment not in conflict with school use, on school property areas selected by the City Manager, subject to the prior appro' by the Superintendent of Schools. Any installations of equipmc or construction of facilities, for community recreation purposc shall be at the City's costs and meet standards established in 1 California Education and Administrative Code. 8. All structures constructed on the site and all persoi property placed or 'installed thereon by City and owned by City (. tlImprovementsll), shall remain the property' of City. At ' 3 *. {@ 'J) .. * termination of the agreement, City may remove the improvemeni unless District indicates its election within thirty days aft1 such notice of termination, to acquire the Improvement, in whic case title thereto shall vest in District without the necessity ( formal documentation of transfer. in the event that the Ci removes its improvements, any damaqe caused by such removal sha be immediatelv repaired by - the City, and the premises restored the condition in which they existed prior to the installation such improvements. Any improvements not removed by the City with 60 days shall become the property of the District. If Distri exercises its right to acquire the Improvements, District sha reimburse City for the Improvements in an amount equal to the fa market value of the Improvements. Fair market value, as us herein, means a price not to exceed the sum paid by the City f such Improvements, less an amount for use, wear and tear. T expense of such appraisal' shall be borne equally by both partie In the event the parties shall not agree upon said appraiser, t presiding judge of the Superior Court for the State of Californi County of San Diego shall appoint the appraiser. 9. It is further agreed that plans and specifications f the placement of all equipment, facilities and permane improvements upon school property and the type, design E construction thereof, shall have the prior approval of t Superintendent of Schools prior to any installation thereof. 10. The District and the City agree to use and maintain 1 following specific school grounds and facilities: 4 .. 0 0 a. City has the option to schedule use of schoo grounds, excludina the Carlsbad Hiah School Varsitv Baseball an' Football fields, for community recreation, provided the City pay fifty (50) percent of the cost of renovation of turfed areas use' by City. b. City will maintain portions of the following schoo properties. Magnolia Field 4.06 acres Jefferson 2.30 acres Pine Ball Field 1.67 acres Buena Vista Lower Field 2 . 02 acres Pine soccer field .54 acres C.H.S. tennis courts 1.2 6 acres V.J.H.S. tennis/b.b. courts 1.00 acres 12.85 acres c. District will maintain the following schoc properties: V.J.H.S. (upper & lower) 4.59 acres Kelly Field 2.90 acres Hope Field 2.80 acres H.S. Softball Fields 3.30 acres 13.59 acres d. City will schedule the after-school, weekenc holiday and summer use of all school grounds except the high scho( fields when available. 5 e 0 e. The District will maintain and schedule the k school grounds and gymnasium. The City may utilize the gymnas for an hourly fee of $30.00. The City will provide an on-s supervisor at all times. The locker room will not be available the public. F. City will maintain and schedule the community of the high school tennis courts subject to the school paying percent of the cost for wind screen, reconditionina of the COL and the Citv will pay one hundred Dercent (100%) of court nets 11. Except as expressly provided in this agreement District shall be responsible for all costs relating maintenance, repair and replacement of District .owned maintained facilities and grounds. 12 . For the purposes of this agreement, all persons emplc in the performance of services and functions for City shall deemed City employees and no City employee shall be considered an employee of the District or under jurisdiction of the Distrj nor shall such City. employees have any District pension, cj service, or other status while an employee of the City. The District shall not be responsible for the payment of salary, wage or other compensation to any City personnel perforn services hereunder. for City. City shall not be liable compensation or indemnity to any District employee for injury sickness or wages arising out of his/her employment with Distrj 13. The District agrees that during the time that the C has use of school facilities, City may charge such admissions 6 0 0 fees for the said use of facility. All monies so levied i collected by the City shall be and remain the property of cii However, no event for which an admission price is charged shall held pursuant to this agreement except amateur athletic contesl demonstrations or exhibits, and other educational and nc commercial events. In the use of school facilities under tl agreement, City agrees to comply with all of the requirements the Education Code of the State of California setting forth I limitations, requirements’ and restrictions on the use of schc facilities. 14. It is understood and agreed that all activities on schc facilities sponsored by District shall be supervised and conduct by District, and that all activities sponsored by city, pursuz to this agreement, shall be supervised and conducted by City. E? party shall be responsible for said areas during their period use, will bear the costs of all necessary supervising or teachi personnel during said period. 15. Insofar as it is legally authorized, the District shz hold free and harmless the City, members of the City Counci boards or commissions, its employees, officers and agents, whi acting as such, from all claims, loss, damages, costs, expenses liability which may arise by reason of liability imposed by 1 because of injury to property or injury to or death of persor . received or suffered by reason of any defective or dangerc condition of any ground, site, building, equipment, play are recreation facilities or other improvement located on the premis 7 * @ owned and maintained by District, or participation in any act: carried out or sponsored by the District, and further the Dist shall be responsible for any and all damages to property caust a direct result of any school activity being conducted on premises by the District. The District shall carry property dz and Dublic liabilitv insurance that cover the areas and activl set forth in this asreement. The City's property damaae and D\ liabilitv insurance shall include all areas and activities forth in this asreement under their self-insurance Droqram. party shall furnish the other Dartv with a CODY of their Dolic Insofar as it is legally authorized, the City shall hold and harmless the District, members of the Board of Trustees, employees, officers and agents, while acting as such, from claims, loss, damages, costs, expenses or liability which may z by reason of liability imposed by law because of injury to pro1 or injury to or death of persons, received or suffered by rf of operation of the City recreational program upon said premi by reason of its development of the athletic fields on the pro1 or its performance of its obligations under this agree1 further, the City shall be responsible for any and all damagc property caused as a direct result of any recreational act: being conducted on said premises by the City. The parties hereto acknowledse that there have bee: reDresentations made bv either to the other not contained ht won which either partv is relvinq - which has induced exec1 herein. This asreement embodies the entire asreement 8 r * a understandinq between the Parties hereto relatinq to the subie matter hereof. 16. The term of this agreement shall be for a length of t years renewable on a year to year basis thereafter by mutu agreement. In addition, the terms of this agreement may modified at any time by mutual consent and written agreement of t respective parties. 17. ' Nothing in this agreement shall be construed to prohib the Board of Trustees from participating financially in a specif recreation program when mutually agreed upon by the Board Trustees and the City Council. 18. This Community Recreation Agreement may be terminated either party as of June 30 of any fiscal year for any reason up at least 180 days' written notice to the other. ATTEST: CITY OF CARLSBAD, A municip Corporation of the State of California BY ALETHA L. RAUTENKRANZ CLAUDE llBUD1l LEWIS, Mayor City Clerk CARLSBAD UNIFIED SCHOOL DISTRICT BY . THOMAS K. BRIERLY, ED. D BY JAMES ROBERT McCORMICK Board of Trustees 9 .. 2 189