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HomeMy WebLinkAboutCC RESO 9678sESCLUTICN NO. 9678 RESOLUTION APPROVING AGREEMENT BETWEEN THE NATIONAL SCHOOL DISTRICT AND THE CITY OF NATIONAL CITY WHEREAS, it is proposed that an agreement be entered into, by and between the City of National City, a municipal corporation of the State of California, and the National School District of the County of San Diego, State of California, for use by the City of National City of certain recrea- tion facilities of the National School District located within the El Toyon Elementary School; and WHEREAS, it is proposed that the aforesaid agreement provide for use by said District of certain recreation facilities within El Toyon Park, a municipally owned public park; and WHEREAS, the City Council of the City of National City is familiar with the terms of said proposed agreement, a copy of which is attached here- to as Exhibit "A"; and WHEREAS, the City Council of the City of National City believes it to be to the best interest of said City to enter into said agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, as follows: Section 1. That the proposed agreement by and between the City of National City, a municipal corporation of the State of California, and the National School District, be and the same is hereby adopted and approved by the City Council of the City of National City. Section 2. That the Mayor of the City of National City is hereby authorized and directed to execute said agreement on behalf of the City of National City. PASSED AND ADCPTED BY TEE CITY COUNCIL of the City of National City this 22nd day of October, 1968, by the following vote, to wit: AYES: NOES: Camacho, Colburn, Hogue. Morgan none ABSENT :Reid ATTESTED: CITY CLER , CITY OF NATIONAL CI'T M f R, CITY OF IONAi CITY, CALIFORNIA CALIFORNIA I hereby certify that the above and foregoing is a full and true copy of Resolution No. 9678 of the Resolutions of the City Council of the City of National City, as adopted by the City Council of said City on the 22nd day of October, 1968. CITY CLERK, CJfTY OF NATIONAL CITY, LIFE NIA AGREEMENT FOR ESTABLISHMENT OF A COMMUNITY RECREATION CENTER THIS AGREEMENT, entered into by and between the NATIONAL SCHOOL DISTRICT of San Diego County, California, hereafter referred to as "District", and the CITY OF NATIONAL CITY, a municipal corporation of the State of California, hereafter referred to as "City": WHEREAS, District has certain play areas, rest rooms, auditorium and other facilities suitable for recreation purposes at the El Toyon Elementary School, located directly adjacent to El Toyon Park, a municipal park, within the city limits of City; and WHEREAS, City in its Park and Recreation Department, has personnel well qualified to supervise, direct and conduct a community recreation program; and WHEREAS, the Governing Board of District and the City Council of City believe it to be to the best interests of the public to establish a community recreation center pursuant to Chapter 6 of Division 12 of the Education Code of the State of California, Sections 16651 through 16664, using certain of the facilities of said El Toyon Elementary School of said District. IT IS HEREBY MUTUALLY AGREED by and between District and City as follows: 1. The Park and Recreation Advisory Board of City shall act as the Recreation Board to carry out the purposes of Chapter 6 of Division 12 of the Education Code for establishment and operation of a community recreation center. -1- 2. District does hereby grant and make available to City for community recreation the use of certain District buildings, grounds, and equipment whenever the use of the buildings, grounds, and equipment for recreational purposes Will not interefere with their use for any other purpose of the public school system, to wit: a. All permanently operated playground areas which are suitable for community recreation activities located within the boundary of El Toyon Elementary School, within the city limits of City and belonging to District, will be made available for use of the community recreation center, the areas and time to be selected by the Park and Recreation Advisory Board of City and approved by the City Manager of City and the Superintendent of District; portions of other District facilities within the boundary of El Toyon Elementary School will also be made available, such facilities to be selected by the Park and Recreation Advisory Board and approved by the City Manager. of City and the Superintendent of District. 3. City will properly maintain all City property and/or City equipment placed upon District's facilities made available to the recreation center. No permanent structures or buildings shall be erected by City under this authority except with the written approval of District's Governing Board and title to any such structures or buildings shall vest in District on termination of this agreement. 4. City may place and/or use on the selected recreational areas such City property and/or movable equipment as is suitable for recreational purposes subject to the approval of the Governing Board of Education and/or Administration. -2- 5. City will furnish at no expense to the District an adequate staff of personnel to conduct and supervise the activities of the community recreation center which take place after normal school hours and during holiday and vacation periods at the selected areas or the facilities of District, such supervision to be adequate to restrict the entrance of individuals taking part in the recreation program into or upon portions of the school property not made available by District for purposes of the recreation center. 6. City will provide all athletic supplies and expendable materials necessary for carrying on a community recreation program for all ages at no expense to District. 7. City agrees to indemnify District and to assume all liability for claims arising from use of equipment, facilities and operation of recreation programs sponsored by City on District property as authorized by Government Code Section 895.4, provided, however, that such indemnification by City does not extend to any claim arising out of defective equipment or facilities owned by District. City will cause its liability insurance to be amended as necessary, to cover District as to activities of City personnel on District property. 8. City will be responsible for any damage to District - owned facilities and equipment, providied, however, such damage arises out of the use by City under the terms of this agreement. 9. City is authorized to remove from the property of District any movable equipment or property of City placed upon the property of District, providing said equipment and property can be removed without damage or injury to any District property, and providing further that District's Governing Board or Superintendent consents in writing thereto. -3- IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed this 22nd day of October , 19 68. NATIONAL SCHOOL DISTRICT CITY OF NATIONAL CITY LBesident, Governing Board Mayo Approved as to form: ATTEST: County Counsel City Clerk BERTRAM MC LEES, JR. COUNTY COUNSEL County of San Diego OFFICE OF COUNTY COUNSEL 302 COUNTY ADMINISTRATION CENTER SAN DIEGO, CALIFORNIA 92101 October 14, 1968 Mr. Sidney J. Colvin District Superintendent National School District 801 "E" Avenue National City, California Dear Mr. Colvin: ROBERT G. BERREY ASSISTANT COUNTY COUNSEL DEPUTIES DUANE J. CARNES DONALD L. CLARK JOSEPH KASE, JR. LAWRENCE KAPILOFF LLOYD M. HARMON, JR. BETTY E. BOONE PARKER O. LEACH WILLIAM C. GEORGE ROBERT B. HUTCHINS JAMES E. SMITH JOHN MC EVOY ARNE HANSEN Re: Agreement Between National School District and City of National City for Establishment and Operation of a Community Recreation Center You have forwarded to us a proposed resolution and agreement providing for cooperation between the National School District and the City of National City in the establishment and operation of a community recreation center. The proposed agreement would provide for the use of buildings, grounds, and equipment of the El Toyon Elementary School and facilities of the El Toyon Park, a municipal park. We have redrafted the documents so as to include technical changes we consider desirable. It is our opinion that authority for this agreement is contained in Chapter 6 of Division 12 of the Education Code comprising Sections 16651 through 16664. If there is anything further we can do for you, please do not hesitate to call on us. Very truly yours, BERTRAM McLEES, JR., County Counsel By RBH:JS Encs. ROBERT B. HUTCHINS, Deputy t Resolution to Enter Into j Agreement With City of National City for Establishment of a Community Recreation Center. j On motion of Member Storton , seconded by Member Dunn , the following resolution is adopted: WHEREAS, it is proposed that an agreement be entered into, by and between the City of National City, a municipal corporation of the State of California, and the National School District of the County of San Diego, State of California, for use by the City of National City of certain recreation facilities of the National School District at the El Toyon Elementary School; and WHEREAS, it is proposed that the aforesaid agreement provide for use by said District of certain recreation facilities within El Toyon Park, a municipally owned public park; and WHEREAS, the Governing Board of said District is familiar with the terms of said proposed agreement, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, the Governing Board of said District believes it to be to the best interest of said District to enter into said agreement; NOW, THEREFORE, BE IT RESOLVED AND DETERMINED that pursuant to the provisions of Education Code, Sections 16651 through 16664, the proposed agreement by and between the City of National City, a municipal corporation of the State of California, and the National School District, be and the same is hereby adopted and approved by the Governing Board of the National School District. BE IT FURTHER RESOLVED that the President of the Governing Board of the National School District is hereby authorized and directed to execute said agreement on behalf of the National School District. -1-- PASSED AND ADOPTED by the Governing Board of the National School District this 15th day of October , 19 68 , by the following vote, to wit: AYES: Members Dunn, Storton, Sothras, Pillster, Sutcliffe. NOES: Members None. ABSENT: Members None. STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) I, Sidney J. Colvin , -G1erk (Secretary) of the SS. Governing Board of the National School District of San Diego County, California, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted by said Board at a regular meeting thereof at the time and place and by the vote above stated, which resolution is on file and of record in the office of said Board. --Gleam-(Secretary) RBH:JS