HomeMy WebLinkAboutReso 1974-7240
Form No. 342
Rev. 9-71
RESOLUTION NO. 7240
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND SWEETWATER UNION HIGH SCHOOL DISTRICT FOR
INSTALLATION OF IMPROVEMENTS AND LIGHTING AND FOR JOINT
USE OF FACILITIES FOR ATHLETIC AND RECREATION PURPOSES,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
SWEETWATER UNION HIGH SCHOOL DISTRICT, for installation of improvements
and lighting and for joint use of facilities for athletic and recrea-
tion purposes,
dated the 19th day of March , 19 74, 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 sum of $46,320.00 be, and the
same is hereby appropriated from Revenue Sharing Funds for the purpose
set forth hereinabove.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to Jprm,by
!V70LW //~...
/C/..eo r , -~/
George D. L1ndberg, City Attorney
~~~~
Emerson Hall, Director of Parks
and Recreation
ADOPTED AND APPROVED by
VISTA, CALIFORNIA, this 19th day
the following vote, to-wit:
the CITY COUNCIL of the CITY OF CHULA
of March , 1974 , by
AYES:
Councilmen
Hamilton, Hyde, Egdahl, Scott, Hobel
NAYES:
Councilmen
None
ABSENT:
Councilmen
None
3n,.~,1J,/t,'1~
Mayor of the City of Chula sta
ATTEST~Ue.I ~o.f~t'~d~_
~ City Clerk ~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
, City Clerk of the City of
that the above is a full, true
, and that the same has not
I,
Chula Vista, California, DO HEREBY CERTIFY
and correct copy of Resolution No.
been amended or repealed. DATED
City Clerk
JO I NT POlvERS AGREDIENT FOR ] NSTALLA nON OF IMPROVDIENTS
AND LIGHTING AND AGRl:nll:NT FOR JOINT USE OF FACILITIES
FOR ATlILETIC AND RECRb\TION PURPOSES
"--
Tlil'; ,\ "'TT'J1:"T, 1c:!elc and entercd into this 19th c1ny nf
March , l~ 74, by all,l [H:L'.."en tilC eny Ui C;-.1jL~C\lSL\, '"
mwiTCTP-;i-l corporation-;-hereinafter called "City," and the SlvEFniATER
ONICN HlGH SellOn! 1I1"T[;1CT, hereinafter called "District."
IV I T N F SSE T II
,.;l-lFd:AS, the District and the City are each authorized by
~n,~ 'P~o"isions of Education Code Sections 16651, et seq. to cooperate
'$i-:tJn ";:,,,,:ll other in the development and execution of adequate programs
cxf:c.o,m:nlL~:a.ll.ty recreation; and
:;:JlEREAS, the District and the City are authorized by the
~Ict}si~5~ of Government Code Sections 6500 et seq. to jointly
(ex"ercus(' thei r common pOKers by entering into an agreement to
(f':Yt_::'~11'"'C:i~~...\:' t:;\~'5C po"\':C'rs;
:NO\\',
m:niJ 'r_c}r~'JJ2it iens
:[,02J;0',-',5 .:
TliEREFORE, in consideration of the mutual covenants
contained herein, the parties hereto hereby agree as
-1.,
Installation of "Iul ti-Use Court Lighting and 1mprovemen~_c;.:
The District shall cause to be installed, constructed
or applied on the c:mpuses of Chula Vista High School,
Castle Park High Scheol, and Hilltop High School multi-
u~e and tennis court lights and other improvements
on existi:r:.c outdOOl~ atLlctj c facili tics consisting OT
two (2) tc;;nis courts GIld two (2) TIlulti-use court; 011
each campus. Such installation shall include the
roHol,ing:
a. Labor and materials to provide for a lighting
system to include poles, fixtures, lamps, conduit,
cable, time clocks, meter, and all other necessary
equipment to provide for a complete system.
b. Labor and material to install Kind screen netting
to provide ad2qUI!te Kind protection.
c. Labor and materials for the application of a
resurf:]cil},' n:I]terial and p:linting of court Jines
for "l'p;'op,--iate u':e of these Llcilities.
2. District l,es!JonsjJ!.ilin for Cert:lin In'provements:
The> f)ic:::tr~ct ':1~')ll b(' r\-':nn:l'~il~J(\ t1';'n1j"!1 the 11~'~C'
of force l:.l!Jur to m:!kc ccrt~~i n improvements to the
tennis C(Hll't ;lIC<t nri(ll' to the ~lh'ard of ~t contr:lct
Cor 11,(' t 11"~:(1~, ..-~\":~tr::cticT]. ('1' :l:':,l;<.:,:til.!l
(ir tL\.:. ij:Jijj"UVl.'I:ll:Jii.:::; ~-;JJOh'Jl jIl i--(iLlgraph 1. ~uch 'work
~~h~ll] ':ll ];hil' i.;ll.' ;\..'i'~ll\';ll 0;' L:i:-:-LC'll::lJ ::,t,ll!\;;lrl!~;;
)"c]nc:lti(',n (Ir h('nchC''-~, :lnd d-jj'C'ct'1G?;;Jl !<(';!li('i1]l'C'llt
ut Liie LC:ldllS cuU.l L lll.~l~; :llli.l poles hhl~J'C ~Ui..:Jl \',"()l'k
i :-; llqU 1 i-\.--i..:.
3. ~)r:l\"ings :
The full harking dr;ClviJ'gs i111<1 spC'cific;Jtions rCl[uired
for constructi on shown in ParIlgraph 1 shall be the
responsibility of the District and shal1 be sub,iect
to the approval of the l1i,;trict and the City. Title
to such drawings shall be vested in the District. ·
1 of 4
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4. Construction Contracts:
The District shall call for bids for the installation,
construction, and application of the multi-use court
1 ',,;hts and other improvements referred to in Paragraph
1. The City shall be given an opportunity to review
and appro\'e' the bids received for the improvement
project prior to an award of a contract or contracts
for installation or construction.
5. Construction:
1'he administration of all installations and constructioE,
including inspection of the work, supervision, and
d~termination of final acceptance, shall be the respon-'
sitility of tl:e [listrict, provided, however, any change
o3ders relating to the improvement project shall require
t~e joint approval of the City and the District.
~. (DS! of Construction:
'Tb~ cost of construction of the improvement project
Mill be shared equally by the District and the City.
"C~st of ConstructionU will include the construction,
-c.Clc,ltiract (s) and jointly approved change orders, arcl,i teet'
~ee5t iIlSpcctioIl and testillg costs and any other fees or
L;:bl1rges relating to the improvement of the facilities
'.d&ch are the subj ect of this agreement.
'Y,~ :Cu:'rl'struction Pavments:
T1",=' District shall make all progress payments called for
'''''J-iLer the contract. When the contraet(s) is completej
itrf 'the contractor(s) and the work approved by the District
<i'n1c3 the City, the City shall, within thirty (30) days,
ikl''O'sit ,.;itll the District a sum equal to one-half of the
p;ric,:iect cas ts.
g.. .~1'!T:i\:t Accountability:
The District shall furnish to the City a report which
s,I\:a.U provide for strict accountability of all funds
r'z'c<C'l1ied or paid by the District in accordance with
Se'ction 6505 of the Government Code.
g, . !"..r:.o p e.!JJ::. :
It is not conten~lated that the District will acauiT~ or
P"~o's'C'ss any property other than money which will 'be
drposited with the County Treasurer by the District.
D1(1 tl'lc l'l/ellt the lJistrjct llocs acquire property ~ then
pVlrSU;int to Sect.i OIl 6~OS. 1 0 f the Covcrnl;lcnt Code, rl;c
Dus,incss j\lanager of the District is dcsign(1tcd ;15 the
puGlic officer to ]luve c]l;lrge of, Il~nJ]e and h~vc access
te' the propert\'. Said Business ~l~lI1::lLl('r shal 1. tjlcr'~l\;lt;n
file an offici~l bond in the amount ~f not less th'"'
~ 1 , U J L . U 0 .
1 0 . ,j 0 ~ 1'1 t Us t,.' (\ r " 1 \ I 1 t -- l ! ~--, e (' 011 r t F ;1 ell i t i (' :-". :
:.1. Th~'> Cl ty ~h;lll 1. :\"C the ll::C 0C the L;ul t i -lL-l
f~icilil:ies h"hicl1 aye the suhiect or this ~15'r~'cr\I.'Jlt.
j-'~'r L;.:,>-~l ::"',-' :l"l: l,\c~';'('Ll: rl''-.rt..;Jtiull.::J !lilrpU:;l<.
Th(, Ci t>' :,11:111 j,;l\'l,' l',,"j (.,:,.j ty (~f ll~'l' ,duri!lt1, tlUJ.,:'
::':Ullt::.. ~) r t l ":\ ':) :'1,: t ;:,,:.. (\i tlH..' U~iY hllCll :::-,u;. n
use Joes not conflict Hi th the lJis Lrict I s aeti \ i ties.
City's City ~laJ1ager ane! !listrict's SlIperinu.nclent
or miscellaneous appointed representatives shall meet
annually for the purpose of preparing a comprehensive
schedule and program for the llse of the mul t-i -Ilse
facility consistent "ith the provisions of this agree-
ment provided that the paramount consideration shall
be the use of the facility by the public.
~)
2 of 4 '* 1:};"/I}
b. Electric service for the lighting project ,hall
be pHwided chrough a separate meter. The City
shall be re!ponsible for the payment of all costs
relative t,' the operation and maintenance of the
lighting '"jstelll.
c. Maintenance and upkeep of the multi-use court
areas will be the responsibility of the District.
11 . r;l r l:1 :i ", :
When the multi-use court facilities are being used for
an event sponsored by the' City, unused parking facilities
of tne District located on the various school campuses
shall be TIladc avail~blc for SllCh use.
12. Inden;ni ty:
As authorized by Government Code Section 895.4, District
shall save and hold City harmless frDD any DT all claims
Dr causes of action for death or iujuy! to persons, or
damage to property resulting from nc igent acts or
omissions of District, its agents, ;.1,'n.'o ,f;'j!]\pli"yees in
connection with its use of said fa~j]i~y.
As authorized by Government Code Se~~ion 895.4, City
:-:.ha11 save and hold District harml:.e'ss .f~~OTI\ a.:rr"'- or all
claims or causes of action for dcatJ1DT injen.j! to
persons, or damage to property re!'i'uii'ti 11"; ihrcrn negl igen t
acts or omissions of th~ City, its ~i,c~ts, ~nd fnployees
resulting from or which may arise br ~eZ50R of any
dallgcrotlS or Jcfecti\-c cOI1Jltion ~[ ~j5tTi~t pro17crty,
including the facility which is the s'u;:bjcct of this
agreement, or by reason of a fail(TTi.~ tc' iTIa:~.l'ltain said
facility in a safe condition.
13. ~j:.~_biJity _~_~~~.i:!.i~nC(l:
The District and the City shall ea,c:h ifisiinuJ:in at its
expense personal injury and propertry damage insurance
with an insurance carrier satisfac1.'?T" tel hoth parties
to protect against the liabili tics T:l]e"lt~CC'r"ei in the
indemnity c]ause, and Lor damages '~'.cl ;).ccmlrn: of personal
injury including death resulting tfu::e:refrom" suffered or
alleged to be suffered by any per~~A or persons "hat~o-
ever resulting directly or indirecCn! {nm 3n;: act or
activities of the District, the eil . or any person
ac t i.l\1 for s uell age ill...-j C j or und c r -t ;;-~l YC 'i:t iUTJ c r :a:c h
agencies, and also to protect again~,:t :loss, frof.1
li;~bjl-iti~'>~ fCl' d"l'~"'~'" to ~:n\' pro" tt\- or ;:-il'\" l";Cl":;nn
c;luscd (]ircct]v 01" j;~Ji]'cctlv'h\' O~ fY~)!:l ~ct~' or
activi.lics of ~lllY PI.;f::-;01 act'il1L'lOr thc' District or rhl...'
City. Such i;1:;t;r~lI:cc 5];:1]1 be l:::j.intai'i:c'd in fulJ fOTCC
and' effect eluring thc entire term of this agreement and
shall n;:ntC the other a:; :lIJ..1i t iOllal ~nsurcds. COjlics or
.; -:l 1 \', C!' , ": ; :.,1
thc l'e"pccti vc ofCicC5 of the n i qrict :me1 the CI tv :\11d
sL:111 '~c:;t::iI; C,llJ\.'c'll::t;on Cl:1U;.-',C of not lc;.-',s ti',"I:
"':
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l'leTtt sh:ti J tCi'T:::n:.lte. 'in tne ~q')tioJl of -rhe l':~rt'lt~~;'" llnon
the Cj'fl,,:tivc' I.~c'tc (jj lL(' 1':::lllCIJ_ILlli,OIl, tcr;::J.ILltJUiJ} l',j"
:-,u~.;)~ "~i\ln ('.r ";','" (':' '~ll n!' l~~": i'!'~-l!rTr',.c pC'llic';r 1,)"'"
fOTe mentioned;, !;rl1css hc';;ol'e' such effective' date th,-~
)li~tr'i,:!l (,r the' Citv 11:1<-.:. ;l~"(ll1ir('d othcr ill~l!r;lnC(' \\"111,,'11.
the ue',crmil1atJ'ol1 of either party, alicquateJy rcp1:".\,
canceled insurDmce.
111
, ; ~
3 of 4
fC 7e? ID
14. ~lodificationllld Termination:
The terms and conditions set out herein shall not be
modified without the consent of both parties and this
agreement shall continue in full force and effect until
terminated by mutual agreement of the parties hereto,
except that, as stipulated in Education Code Section
No. 16557, should the District find that the use by the
City interferes with the District use and occupancy, the
IYi'-'t~-;ct )""',' t('r,:i~-'lc 1",' li.,e c-C t"" facility by the
Lity upon one [1) year's written notice to the City and
?,"J;;Llcnt to the City of constrliction costs dcprcci;i:':"'ll
fu,y ;t 5:traight line method under a term of 20 years
?ruY}deJ, however, that such termination shall n~t
b~ gcr~itled prior to the first three yeurs of this
c.:OIJ.st~Ujct:ion use agreement.
L,. f.l:?Sll1re of Facility:
Citty: 'Find District shall have joint discretion after
ll:,,-"tlfyi1lg the other agency for any direction to
,t,elFi'O'f2!"ily close the facility for reasons of health
and safety or urgent repairs.
-Ii:: Y-.L'C;,::J,~~'-:I:~i :,,'I:LIZECF, the parties hereto ~1ave caused this
agreemen't ,tlJ 1r~,.t'X"",:.llted the day and year first hereinabove set forth.
CITY OF CfrU1-!\ \[~S'EX,
SWEETWATER UNION HIGH SCHOOL DISTRICT
~/J,;I~QI
~layorof~lc, (i.1) tit,. Cl\\1I~
/1
A TTES1>h!cii:.:~:~' ~~?~~{b~T-
\//
Approved
rJq
/~' //~ ~A _ '
/v~~ '
-..P'cn y fA'tiQrl18Y--
"
This agreement was approved by the
Board of Trustees on
I
y'
c7
Approved as to form:
ROBERT . BERREY, County Counsel
. ( (I '<. ,/ I ,/ :. tic., ,/ i'1~____
Deputy
I :)f L
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