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HomeMy WebLinkAboutC-884 - Community recreation programf WWCemec 12/6/63 4 �j * COMMUNITY RECREATION PROGRAM THIS AGREEMENT, made and entered into this 21_ day of December, 1963, by and between the CITY OF NEWPORT BEACH, a municipal corporation of the State of California, hereinafter re- ferred to as "City ", and the NEWPORT BEACH SCHOOL DISTRICT, here- inafter referred to as "School "; WHEREAS, Chapter 6 of Division 12 of the Education Code authorizes counties, cities, and school districts to cooperate with each other in the development and execution of adequate pro- grams of community recreation; and WHEREAS, it is in the public interest to establish, improve, and maintain recreation centers within the territorial limits of City and School and conduct programs of community recre- ation in connection therewith; and WHEREAS, the City and the School desire to establish a basis for the cooperative use of certain of their areas, facili- ties, and equipment within the City and School District for such recreational purposes, and intend in the future to continue to carry out joint community recreation programs; and WHEREAS, in carrying out such programs said City may, with the approval of said School, install and maintain playground equipment, picnic facilities, rest rooms, and recreation build- ings, including lighting facilities and accessories, on real property and playgrounds at various school sites within the said School District; NOW, THEREFORE, the City and School hereby mutually covenant and agree as follows: 1. The School agrees to grant to the City upon appli- cation the use of any recreational facility, area, or equipment owned by the School which the City may require in connection with its community recreation program, provided the use of such recre- ational facility, area or equipment for community recreation purpose shall not interfere with its use by the School for public school purposes, as determined by the governing body of the School. 2. The City agrees to grant to the School, upon appli- cation, the use of any recreational facility, area or equipment owned by the City which the School may require in connection with its public school program, provided the use of such recreational facility, area or equipment for public school purpose shall not interfere with its use by the City for community recreational purposes, as determined by the City. 3. The use of recreational facilities, area or equip- ment provided for herein shall be granted subject to existing rules and regulations of the owner pertaining to the use thereof. 4. The use of recreational facilities, areas and equip- ment provided for herein shall be granted free of charge to the contracting party except in those cases in which the use is re -' quested for an event or events for which an admission price is to be charged for the purpose of making a profit. In the latter case, there shall be paid to the owner of the recreational facilities by the contracting party using the facilities a rental fee to be agreed upon by both parties at the time of application for such use. 5. The party using recreational facilities owned by the other, pursuant to this agreement, shall employ one or more competent supervisors to supervise activities conducted in said program. 6. The party using the recreational facilities, areas or equipment of the other pursuant to this agreement will repair, or cause to be repaired, or will reimburse the owner for the cost of repairing, damage done to said facilities, areas or equipment during the period of such use other than that attributed to ordinary and reasonable use. 7. The party using any recreational facility, areas, or equipment pursuant to this agreement shall hold the owner free 2. y and harmless from any liability arising from or as a result of said use, and will carry public liability insurance of minimum liability of $500,000 for one person injured and $1,000,000 for more than one person injured and $100,000 for property damage.. 8. Said supervised recreational activities so con- ducted by the City shall be open to participation by any and all children residing within the boundaries of the said School Dis- trict, but such participation shall be subject to any rules and regulations which may be adopted by the City. 9. Any playground equipment, picnic facilities, rest rooms, and recreation buildings, including lighting facilities and accessories, which may be installed by City on the real prop- erty of the School, with the approval of said School, shall be installed, maintained, and serviced by the City and removed by City within a reasonable time after the termination or applicable modification of any joint community recreation program between the parties to this agreement. 10. Any such playground equipment, picnic facilities, rest rooms, and recreation buildings, including lighting facili- ties and accessories, which may be installed and maintained by said City are and shall remain the personal property of said City, and.shall not become a part of the real property of said School regardless of the manner in which the same are or may be attached to the real property of said School. In the event of removal of such items, the areas, property, facilities or equipment shall be returned to the School in its original state, reasonable wear and tear excepted. 11. Adequate ingress and egress shall be provided to said City or School facilities, areas or equipment being used by either party pursuant to the provisions of this agreement. 12. Except as herein provided, for the purposes of the administration of this agreement City means the City Manager or a 3. i i N � r City employee designated by him. The City Manager or any person dissatisfied with a decision of the City Manager may take any matter to the City Council and its decision shall be final. 13. This agreement shall continue in effect for a period of three (3) years from date unless terminated prior thereto by either party upon ninety (90) days' written notice to the other party. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF NEW ORT B EACH(� ) 1 By .� May©r Attest: _ City C er CITY NEWPORT BEACH SCHOOL DISTRICT By Disj= ict Superintendent By SCHOOL 4. M`r I C i I 1 _ RSSoLV" di 0, 5894 I 2 A REVZOnom 3£ Comm or Tu Cr T SUCH no TU EUCUTIM AN 3 A iiI'IEt '� RFACfl SC1K , ICT I 4Ij 5 WMRSAS, tibm bgs been presented to the 4atatail of 6 the City of Newport Bemch'k Beach' s rtato agreasent beiate0t the City., of 7 wort Reacb ttd .tba import Beach School, pistXict for tltr moop* ., 8 atiw use of dmdr recreational facilitisti, areas, and stuifmmt 9 for pmtposss of community recreation; WA . 10 SSWXM, the City Cv>tacil has eeslsidered the t8uCa ,ate 11 eaaditions of said agrement and found tbrst; to be ressetoueiile and 12 equiUbls and in the interests of the City; 13 NM, TlIIBEPER I BE IT R$$03.M that said agreement be 14 approved and the mayor and City Clark are bereby autbmdm W. fed 15 directed to ammuts the &ease on behalf of the City of Wdport Beaahe 16 ADk3 M this 23rd day of Dessuber; 1863. 181 � yor 19� ATTEST; 20 211 city GL*rx 22,1 231 241 I� 25j1 26i 27 28 29 30 31 32 RU WWC:mec 12/6/63 AGREEMENT COMMUNITY RECREATION PROGRAM THIS AGREEMENT, made and entered into this Z ?_ day of December, 1963, by and between the CITY OF NEWPORT BEACH, a municipal corporation of the State of California, hereinafter re- ferred to as "City ", and the NEWPORT BEACH SCHOOL DISTRICT, here- inafter referred to as "School "; WITNESSETH: WHEREAS, Chapter 6 of Division 12 of the Education Code authorizes counties, cities, and school districts to cooperate with each other in the development and execution of adequate pro- grams of community recreation; and WHEREAS, it is in the public interest to establish, improve, and maintain recreation centers within the territorial limits of City and School and conduct programs of community recre- ation in connection therewith; and WHEREAS, the City and the School desire to establish a basis for the cooperative use of certain of their areas, facili- ties, and equipment within the City and School District for such recreational purposes, and intend in the future to continue to carry out joint community recreation programs; and WHEREAS, in carrying out such programs said City may, with the approval of said School, install and maintain playground equipment, picnic facilities, rest rooms, and recreation build- ings, including lighting facilities and accessories, on real property and playgrounds at various school sites within the said School District; NOW, THEREFORE, the City and School hereby mutually covenant and agree as follows: 1. The School agrees to grant to the City upon appli- cation the use of any recreational facility, area, or equipment owned by the School which the City may require in connection with its community recreation program, provided the use of such recre- ational facility, area or equipment for community recreation i purpose shall not interfere with its use by the School for public school purposes, as determined by the governing body of the School. 2. The City agrees to grant to the School, upon appli- cation, the use of any recreational facility, area or equipment owned by the City which the School may require in connection with its public school program, provided the use of such recreational facility, area or equipment for public school purpose shall not interfere with its use by the City for community recreational purposes, as determined by the City. 3. The use of recreational facilities, area or equip- ment provided for herein shall be granted subject to existing rules and regulations of the owner pertaining to the use thereof. 4. The use of recreational facilities, areas and equip- ment provided for herein shall be granted free of charge to the contracting party except in those cases in which the use is re quested for an event or events for which an admission price is to be charged for the purpose of making a profit. In the latter case, there shall be paid to the owner of the recreational facilities by the contracting party using the facilities a rental fee to be agreed upon by both parties at the time of application for such use. 5. The party using recreational facilities owned by the other, pursuant to this agreement, shall employ one or more competent supervisors to supervise activities conducted in said program. 6. The party using the recreational facilities, areas or equipment of the other pursuant to this agreement will repair, or cause to be repaired, or will reimburse the owner for the cost of repairing, damage done to said facilities, areas or equipment during the period of such use other than that attributed to ordinary and reasonable use. 7. The party using any recreational facility, areas, or equipment pursuant to this agreement shall hold the owner free 2. and harmless from any liability arising from or as a result of said use, and will carry public liability insurance of minimum liability of $500,000 for one person injured and $1,000,000 for more than one person injured and $100,000 for property damage. 8. Said supervised recreational activities so con- ducted by the City shall be open to participation by any and all children residing within the boundaries of the said School Dis- trict, but such participation shall be subject to any rules and regulations which may be adopted by the City. 9. Any playground equipment, picnic facilities, rest rooms, and recreation buildings, including lighting facilities and accessories, which may be installed by City on the real prop- erty of the School, with the approval of said School, shall be installed, maintained, and serviced by the City and removed by City within a reasonable time after the termination or applicable modification of any joint community recreation program between the parties to this agreement. 10. Any such playground equipment, picnic facilities, rest rooms, and recreation buildings, including lighting facili- ties and accessories, which may be installed and maintained by said City are and shall remain the personal property of said City, and.shall not become a part of the real property of said School regardless of the manner in which the same are or may be attached to the real property of said School. In the event of removal of such items, the areas, property, facilities or equipment shall be returned to the School in its original state, reasonable wear and tear excepted. 11. Adequate ingress and egress shall be provided to said City or School facilities, areas or equipment being used by either party pursuant to the provisions of this agreement. 12. Except as herein provided, for the purposes of the administration of this agreement City means the City Manager or a 3. City employee designated by him. The City Manager or any person dissatisfied with a decision of the City Manager may take any matter to the City Council and its decision shall be final.. 13. This agreement shall continue in effect for a period of three (3) years from date unless terminated prior thereto by either party upon ninety (90) days' written notice to the other party. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF NEWPORT BEACH By Mayor Attests City Clerk CITY NEWPORT BEACH SCHOOL DISTRICT By By 4. SCHOOL TO: Finance Director FROM: City Clerk SUBJECT: .Contract Contract No. C +884 0 Date Daeember 27. 1963 Authorized by Resolution No. 4894 , adopted on December 23# 1963 Date Mayor and City Clerk executed Contract Deeembor E7. 1963 Effective date of Contract December E7. 1963 Contract with Newport Beach School District Address Brief description of Contract For cooperative use of reereatlenal faailitiee, swats and eqdpment for pa"oeet of cemmadtr reereatiea. Amount of Contract 1167, d City Clerk V 0 0 City Clerk December V, 1963 Parks, Beaches and Recreation Director City Clerk Agreement with Newport Beach School District Attached are two copies of the executed agreement between the City and the Newport Beach School District. One copy of the agreement is for your records and one copy is for the School District. Margery Schrouder City Clerk M S:mv Encs. To: Parka,,.-Beaches and Roe! From: City Attorney Subjecti Agreement with Newport December 6, 1963 .Director School District Forwarded are four copies of an-agreamentUtween the City a the Newport Beach School District , for .the'cooperative lase-of their recreational facilities.4reas..sid., "1411110104t. for p-ur-- posse of comsunity.. recreation. Rgraeomt contains. same provisions as the present agreement which will expire on December 27, 063. It is suggested that this agreement b submitted to.the Scho District Board for consider on* I appr wti f "id- by the Board, the matter can be' to the Ci y too-Mi-I at its- U"til on December 23. Copies of the agreement and a resolut',on i*ich will authorix, its execution by the City are being.. ..tte.d to tha City, Clerk. I I i, WpCtmec Incs. cc - City Manager City Clerk ti M • Charm zap I 0 CITY OF NEWPORT BEACH December 6, 1963 To: Parks, Beaches and Recreation Director From: City Attorney Subject: Agreement with Newport Beach School District Forwarded are four copies of an agreement between the City and the Newport Beach School District for the cooperative use of their recreational facilities, areas, and equipment for pur- poses of community recreation. This agreement contains the same provisions as the present agreement which will expire on December 27, 1963. It is suggested that this agreement be submitted to the School District Board for consideration. If approved by the Board, the matter can be presented to the City Council at its meeting on December 23. Copies of the agreement and a resolution which will authorize its execution by the City are being transmitted to the City Clerk. kVC:mec Encs. cc - City Manager City Clerk ✓ Walter W. Charamza City Attorney f M To: Prom: 0 CITY OF NEWPORT BEACH City Clerk City Attorney Cll"Y ATTORNEY 0 December 6, 1961, Subject: Agreement with Newport Beach School District Transmitted is a resolution which, if adopted by the City Council, will authorize the execution of an agreement with the Newport Beach School District for the cooperative use of their recreational facilities, areas, and equipment for purposes of community recreation. The proposed contract, copies of which are attached. has been forwarded to the Parks, Beaches and Recreation Director for submission to the School District Board for approval. If approved by them, it would be in order to present the matter to the City Council at its meeting on December 23. WWC:mec Encs. cc - City Manager P.B. & R. Director ✓ Walter W. Charamza City Attorney f�j r tIrt OF. NEWPom "rm"' � �'� Ci��l- 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26, 271, 281 291 30 311 k�� (l2) 0 0 A hEsoLmov or Xa em coven of Tim uTy or WV -VAS, tbw* has been prea4mteed to the City ooaaaeil of tho City of Newport beach a casrtain agreement betwen the City of Slowtsart Be"h and the Newport Beach School District *c the actapar- atire use of their recreational ;facilities, areas, and egaiparaart for pwsposea of commur tp recreation; any" VIMMAS, the City Coumil has cousidered the te=w and conditions of said agreement and found than to be swaottah2e and equitable and In the inter+asts of the City; MONO THWFMI, Bit IT r.ISOLM that said agreement be appreved and the VAyor and City Clerk are haraby austborised and directed to execute the asme an behalf of the City of 16awport Beach. AL1tfYM this 23rd day of December. 1963. :tTTBS`E` z _ ... _... tY CWTU