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HomeMy WebLinkAboutReso 1984-11887 RESOLUTION NO. 11887 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING RECREATION USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SWEETWATER UNION HIGH SCHOOL DISTRICT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chu1a Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci ty of Chula Vista that that certain Recreation Use Agreement between the City of Chula Vista and Sweetwater Union High School District, dated the 14th day of December, 1984, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chu1a 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 I 'm Mark J. P Parks and of ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 18th 19 84 ,by the following vote, to-wit: McCandliss, Scott, Moore, Cox, Malcolm day of Decenter AYES: Councilmen NAYES: Councilmen ABSTAIN: CoI.ncilmen None None ABSENT: lô¡ n Mayor of th City of Chula Vista ATTEST /Juw ~~~/ t/ City C erk Councilmen None STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, JO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11887 ,and that the some has not been amended or repealed. JATED City Clerk ( sea ) :C-660 RECREATIONAL USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT THIS AGREEMENT m.ade and entered into this 14th day of December, 1984, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City," and the SWEETWATER UNION HIGH SCHOOL DISTRICT, hereinafter called "District," WITNESSETH WHEREAS, Chapter 10 of Part 7 of the Education Code Section commencing with Section 10900 of the 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 Cali forni a authori zes pub 1 i c agenci es to contract wi th each other to jOintly exercise a power common to said contracting parties, and WHEREAS, City and District are mutually agreed that the provisions of adequate recreational facilities and recreational programs are essential for the physical well-being and general welfare of the people of the City of Chula Vista, and WHEREAS, Ci ty and Di stri ct are mutually agreed that through cooperati ve _ffort the best recreational program can be made with the least public expenditure, and WHEREAS, District has certain educational facilities, play areas, auditoriums, gymnasiums, community rooms, rest rooms , and other facilities under their jurisdiction suitable for community recreation, and City has certain park and recreational facilities some of which are adjacent to schools, and has in its employ certain employees qualified to supervise, direct and conduct a community recreational program, and WHEREAS, in previous years City and District have maintained cooperative worki ng a rrangements whereunder many school grounds and faci 1 i ti es have been and being used for general recreational purposes, and certain City recreational facilities have been utilized for school athletic instruction and use, thus affording to the community greatly increased recreational and sport opportunities at costs much below that which would otherwise be necessary, and ......... ....... WHEREAS, Chapter 2.16 of the Chula Vista Municipal Code establishes a parks and recreation department and provides for the administration of all recreation and park programs by the Parks and Recreation Department. NOW, THEREFORE, it is hereby mutually agreed by City and District as follows: Recreational Use of School Facilities. The District will make available to City for community recreational activities all playground areas and facilities which are suitable for community recreational programs. The ----,- If-/( %t'1 use of such selected school faci 1 iti es shall be in accordance with the regular procedure of the District in granting permits for use of their facilities as provided for by the laws of the State of California and the rules and regulations of the governing board of the District. 2. School Use"of City Facilities. Consistent with usage by the general public, City will make available to the District City parks and recreational facilities suitable for school use. 3. Scheduling. A schedule of times and dates for the use of City and District facilities will be agreed upon by the City Manager and the District Superintendent of Schools and will be so arranged as to avoid any conflict between the District's and City's use, provided, however, that the scheduling shall be done in such a manner as to recognize the following principles and priorities: a. School Facilities. Fi rst Pri ority Second Priority b. City Facilities. - School events and programs - City events and recreational programs First Priority Second Pri ori ty Thi rd Pri ority - City events and recreational programs - School events and programs - Other groups and agencies c. School properties and facilities are intended primarily for school purposes and for the benefit of chil dren of school age. Therefore, in planning programs and scheduling activities on school grounds, the recreational needs and opportunities of such children will be well provided for and adequately protected. However, this shall not be construed to mean that school properties may not be used for recreational activities for other age groups. d. School properties and facilities are not required for school purposes duri ng certai n eveni ng hours and on certa i n days of the week and during vacation periods. It is, therefore, agreed that at such time, suitable school facilities will be made available for public use. These facil iti es wi 11 be schedul ed through the Ci ty subject to pol icies developed by the City ~1anager and the District Superintendent of Schools, in accordance with the Community Services Act of the Education Code. e. Schedules may be changed at the request of either party by mutual consent. 4. Rental and Other Charges. Each party hereby agrees to waive any rental charges for the use of any of its facil ities by the other, except that City may charge for the use of swimming pool facilities and staff. In the event any new facility is constructed by either party which has unusual operating expenses, the owner of said facility may charge its normal fees for the use of such facility. Supervision. The Parks and Recreation Department Director may designate personnel of that department to supervise recreational activities on ~'\ 5. Page 2 of 4 school facil ities when such acti vities are benefi ci al to the community recreational program. In the event that such activities are conducted at schools during school hours with school children, the employees of the Parks and Recreation Department shall be subject to the administrative authority and supervision of the principal of the school. Areas to receive such service by City employees shall be agreed upon by the City Manager and the District Superintendent of Schools. 6. Planning of New Facilities and Remodeling of Existing Facilities. In order to assure the maximum public use of new or remodeled facilities, each party agrees to consult with the other in the planning and development of those facilities which may be suitable for joint recreational and school purposes. However, each party reserves the right to make the final determination as to the location and development of its facilities. In the event that an improvement is to be constructed by any party on the property owned by the other, consent of the governi ng body of the owner of such property shall be obtained prior to such construction. 7. Maintenance. The maintenance of facilities on City-owned lands shall be the responsibility of City while the maintenance of facilities on District-owned lands shall be the responsibility of District, except where any supplemental agreement provides otherwise. 8. Disputes. In the event any dispute arises as a result of the recreational program being conducted on sites jointly used by the parties, said dispute shall be adjusted by the City Manager and the District Superintendent 9. The District shall indemnify and hold harmless the City from any and all claims, demands, damages, actions and any and all other liability, i ncl udi ng costs and attorneys' fees, caused by negl i gent or i ntenti ona 1 misconduct of District employees in connection with the program. The City shall indemnify and hold harmless the District from any and all claims, demands, damages, actions and any and all other liability, including costs and attorneys' fees, which are caused by the negligent or intentional misconduct of City employees in connection with the program. 10. School Facilities. During the term of this agreement, the Sweetwater Union High School District will g¡-ant to the City the exclusive use by, mutual agreement of both parties, those facilities to be used for recreation purposes. 11. Term of Agreement. The term of this agreement shall commence on December 14, 1984, and shall remain 'in effect for a period of one (1) year thereafter, and said agreement shall be automatically renewed for additional periods of one (1) year unless one of the parties gives six months prior notice in writing of its intention to terminate this agreement. 12. Prior Agreements. All prior agreements concerning jOint use of recreational facilities between the parties are hereby cancelled. ~~ \\ ~~Î Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this agreement on ;he date first above written. CITY OF CHULA VISTA, a municipal corporation SWEETWATER UNION HIGH SCHOOL DISTRICT By, ~l4 Mayor By:/ ~ .,/4:/. /. /~/ Asst. Super.-Bus. Svcs. Date: December 21, 1984 Date: /2-10..(- ýt I ., I 'r~~ puty City Cl erk This agreement approved by official action of the board of trustees of the Sweetwater Union High School District on 12/13/84 Date: December 21, 1984 C£%\ ~\\ Page 4 of 4 ____._~..______..___.____..~__._.._...._____ _0- _.~,._.._._.,,"..__.. ___