HomeMy WebLinkAboutReso 1971-6251~ ~
' Form No.
Rev. 9-71
RESOhUTION NO. 6251
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHt?I,A
VISTA AND THE SWEETWATER JUNIOR COLLEGE DISTRICT
FOR USE OF TENNIS FACILITIES AT SOUTHWESTERN COLLEGE
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
342
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and THE
SWEETWATER JUNIOR COLLEGE DISTRICT for use of tennis facilities at
Southwestern College
dated the 2rd day of November 1971, a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
` ~~
W. G. JASINEK, Director of Parks George D._ in erg, City Attorn
.~~ & Recreation
ADOPTED AND APPROVED by the CITY COUNCIL of
VI~,TA, CALIFORNIA, this 2nd day of November
the following vote, to-wit-
AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde ~~
NAYES: Councilmen None
ABSENT:
Councilmen None
~'
~. /
ATTEST 'l z >~ c.~- % ~~ t...t GZ-~'.--~
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Jennie M. Fulasz , City Clerk of the City of
Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true
and correct copy of Resolution No. and that the same has not
been amended or repealed. DATED
the CITY OF CHULA
1971 by
City Clerk
SOUTIILyESTERN COLLEGE TEN~•IIS CENTER USE AGREEivIENT
BETG•7EEN 'I'iiE CITY OI' CHULA VISTA APdD SWEETWATEP~
JUNIOR COLLEGE DISTRICT
THIS AGREEMENT, made and entered into this 2nd day of
November , 19 71 , by and between the CITY CHULA VISTA,
a mun~ corporation,7lhereinafter called "City", and the SWEETPIATER
JUNIOR COLLEGE DISTRICT, hereinafter called "College District";
W I T N E S S E T H
~, ~.. rat,.. te:i: ~ ~f DiL'iSi Q:: ~ i Cf ,,;}?°_ N•r~7,~C?ti4P. Code Of the
v.HEFcEr~~ , ~ yap
State of California authorizes counties, cities and school districts to
cooperate with each other in the development and execution of adequate
programs of community recreation, and
WHEREAS, Article 1 of Chapter 5 of Division 7 of Title 1 of
the Government Code of the State of California authorizes public agencies
to contract with each other to jointly exercise a power common to said
contracting parties, and
WHEREAS, City and College District have mutually entered into
a contract for construction of a tennis facility by execution of a
Tennis Facility Construction Agreement dated May 25, 1970, and
WHEREAS, City and College District now wish to enter into an
agreement delineating the respective rights of the parties for the use
of said facility upon its completion.
NOW, .THEREFORE, in consideration of the mutual covenants and
conditions contained herein, the parties hereto agree as follows:
GENERAL PROVISIONS:
1. Basic Joint Use.
City and College District agree that -said tennis facility shall
he jointly used by the parties in the manner provided~by this agreement.
The presumption upon which all sections of this agreement shall be inter-
preted is that City's uses, programs and desires shall in all cases and
at all times, take precedence over College District's, and that College
District shall use the facility only during such periods, and for sucl-i
purposes, as City may make the facility available. However, it shall
further be understood between all parties to this agreement that City
shall under normal operation of this agreement make the facility avail-
able to College District for special events cr programs as well. as such
times as it may be mutually beneficial to City and College District to
permit the College to use the tennis facility.
2. Incorporation of Construction Agreement.
It is agreed that this agreement and the previously executed
construction agreement according to the City of Chula Vista's Resolution
No. 5655, the City of Chula Vista shall be considered jointl.~~ and the
rm r ~ l 1 H. N -s ~ , r--^ -~ r ~ -~ r ~ S T~ ~ ~ ~~ n ~~
to ,:~.~ o_ e~~h shawl .~e re.~ar..~c: as auy::,`..~_a ups e rating the t .ris
of the other. 11ny conflicts shall be resolved in favor af. this agreement.
The term of this agreement shall b~ fcr a period of thirty (30) years from
the date of execution, subject to the tei-~nir.ation and modification pro-
cedures as set forth herein.
1 -
~~w~ .~/
3. CHAF,GES TO COL!_ECE FOR USE OF TEtJNIS FACILITY.
THE CITY, AS PROPRIETOR OF THE SOUTHWESTERN COLLEGE TENNIS
FACILITY, MAY CHARGE PARTICIPANTS A FEE FOR USE OF THE TENNIS FACILITY;
HOWEVER, IT IS MUTUALLY AGREED NO CHARGE WILL BE LEVIED AGAINST THE
COLLEGE DISTRICT FOR APPROVED USE OF THE CITY~S PORTION OF TFiE TENNIS
FACILITY. THE CITY SHALL ESTABLISH SUCH FEES BASED UPON COSTS ATTRIBU-
TABLE TO THE MAIPlTENANCE AND OPERATION OF THE FACILITY BORNE BY THE CITY.
CITY SHALL APPRAISE Tt-1E COLLEGE OF ALL FEE SCHEDULES AND OF .ANY PROPOSED
CHANGES THEREIN PROVIDING A FULL EXPLANATION OF THE BASIS OF ANY ChiAP~GES
IN THE FEE SCHEDiJLE. CITY SHALL BEAR ALL MAINTEt~}ANCE AND OPERATION COSTS
ON THAT PORTION CONSTRUCTED BY THE CITY.
4. Responsibil=.tv x"or,Oneration. of Facility.
City shall ad.~ninister and operate the tennis facility for in-
structional, competitive, pleasure or tournament play or such other tennis
programs as may be deemed desirable by the City, provided, that such
activities shall be cor_ducted in such a manner so as not to cause inter-
Terence with the operations of the Southwestern Junior Co liege. The rules
and regulations for the use of the facility including file hours of operation
and other s~andards of conduct, safety, cleanliness and health shall be
formulated by the City and submitted to the College District for their
approval and all of said rules and regulations shall be mutually agreed
upon and enforced by the City in a manner so as to insure good order and
conduct in tie use of the tennis facility and provide for no interference
with general school operatiens.
5.Direct Charges for Tennis Facility Operation.
City shall provide and pay for water, gas, electricity and other
utilities including tiie telephone service, which telephone service shall
be restricted to City use. The tern. "operation" shall mean such expenses
in connection caith the use of the physical plant as cleaning, disinfecting,
heating', 1S.uh}Inc, water and similar items which are regularly incurred;
and in addition to such items, it shall also include t;,e saari2s fcr
necessar_~ maintena^ce employees' time, and replacement. of all original
equipment. The term "maintenance" shall mean expenditures for all repairs
to the facility, equipment, other included buildings or portions thereof;
heating, ventilating, the repair of windows, hardware, plumbing and emer-
gency repairs of similar nature; and preventative maintenance procedures.
6. Closure of Facility.
City and College District shall have joint discretion after
notifying the other agency for any direction to temporarily close the
facility for reasons of health and safety or urgent repairs.
7. Arrangements for Use of Facility.
City's City )`ianager and College District's Superintendnet or
miscellaneous appointed representatives shall meet annually for the purpose
of preparing a comprehensive schedule and program for the use of the tennis
facility consister_t wittl the provisions of this Ggreemer.t provided that
the paramount consideration shall be the use of the facility by the public.
It is further u-~derstood 3r.d agreed that City may schedule and suc.ervise
the usage of any existing tennis facilities located at the College subject
tv the ^.`i?`"~ :^vi.'.l.t riy::t.~i a n~': 17'it~rL5t5 Gf ti'ie Cv11~GG tG ti?G L:SG Cf ~a1.d
facilities.
- 2 -
~~~~ s~
II. :?olc] ~,,-r:Mess and Insurance.
Insofar as it is legally authorized, College District shall
hold harmless and free from Liability City, members of its City Council,
boards or cor.~issions, its afficers, agents or employees while noting
as such, frem ail damages, costs or expenses which may arise: by reason
of liabilit~~ imposed by law because of injury to property or. injury or
-death of ~errorls received or suffered by reason of use of said tennis
facility, while under supervision of College District. Insofar as it
is legally au'._horized, City shall hold harmless and free from liability
College District, members of the Governing Board, its officers, agents,.
se n~ants and employees, while acting as such, from all damages, costs
or expenses which may arise by reason of liability imposed by Iaw because
of injury to property or injury to or death of persons received or suffered
by reason of use of said tennis facilities, while under the supervision of
City. Each agency {City f 11~. College District; agrees to maintain in full
force and effect during the lift, of this agreertcnt insurance against
liability for injury to person or property with minimum limits of THRE:
MILLION r~~ NO/DOLLr~S ($3,DOD,000.00) naming the other agency as co-
insured or additional insured, and shall provide a copy of its insurance
policy to the other agency as the case may apply.
9. Fire Insurance.
City shall keep and maintain in full force and effect during
the term of tl':is agreement, fire insurance, including extended coverage,
insurir_g +,h e City and College District against loss by fire of any
facility, building or accessory erected or constructed in connection
with this agreement.
10. Title to Facilities and Termination of Agreement.
Title to the tennis facilities shall after completion of
construction, be vested with the College District subject to the mutual
understanding that should the College District, after completion of con-
struction, decide ghat City activities interfere with activities at
Southwestern College, the College District may terminate the provisions
Of the co?•istruCtion ar_d use agreements upGn Oi7e (l~ year ~ ~ wii ~tE11 •`10 ~iCE
to the City ar_d payment to City of construction costs, depreciated by a
straight-line method over a team of thirty (30~ years, provided, however,
that such termination shall not be permitted prior to the first three (3~
years of the Use Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be exeucted the day and year first hereiriabove set forth.
THE, CITY OF CHUI~A VISTA '
~- - _ ...
2
Mayor of the City f Chula Vist
ATTEST ~2~J2 c~ i~~'/
?ty Clerk
Approved as to form
/lam, ~_~_
George D. Linaberg,
SWEETWATER JUNIOR COLLEGE DISTRICT
~ ~
Superintendent
. l -, ~ ~ - - ,~ _
See to-ry-, RES I DEN~t .GOVERNING BOARD
by Approved as to form:
~~ ~,~ ROBERT G. BERREY, Co my Counsel
-~
City Attorney .Deputy r
- 3 -
r~'~~i