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HomeMy WebLinkAboutR-5037 Public Safety Health Fitness Program and Facility Lease Agreement w Cal PolyRESOLUTION NO. 5037 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A PUBLIC SAFETY HEALTH FITNESS PROGRAM AND A FACILITY LEASE AGREEMENT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY OF SAN LUIS OBISPO WHEREAS, the Council of the City of San Luis Obispo recognizes the necessity for Public Safety employees to maintain acceptable physical standards necessary to perform their tasks; and WHEREAS, the Council believes that it is in the best interests of the .safety employees and the citizens of San Luis Obispo to make every effort to improve and maintain the good health of safety employees and to decrease risks of on- the -job injuries and retirements related to their physical condition. WHEREAS, the Council recognizes that a comprehensive health fitness program for safety employees may help to achieve these goals; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The City of San Luis Obispo agrees to enter into a lease agreement with the Trustees of California State University, through the President, California Polytechnic State University, San Luis Obispo, for the use of the Health Fitness Lab in the Physical Education Department of said University; and To agree to a user fee of one dollar per person, per use; and To agree to a one -time administrative charge of $25; and To agree to a Lease Agreement period of January 3, 1983 to March 31, 1983 with a stipulation that said Lease Agreement may be extended with approval of the Lab Director and Police and Fire Chiefs for one additional calendar quarter ending July 1, 1983; as described in the Lease Agreement attached hereto, marked Exhibit "A" and incorporated herein by this reference. R. 5037 Resolution No. 5037 (.,)83 Series) On motion of Councilman Settle , seconded by Councilman Grif and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin the foregoing Resolution was passed and. adopted this 1983: ATTEST: G" 64, CITY 4ERK PAMELA VOGE APPROVED: pa 4 4 -, e- a Z&n, : 5 City Administrative Officer' CityAttorney 18th day of January M 1 ��- Pol�i�ce C,, i of Fire Chief CA.1 lFORN l'0I:;1 "f 1 Cl -f1:1C =' A IT UN1 SAN L. U1= 01,1SP0., l'ALI I December 8, 1982 Roger L. Neuman Chief of Police Post Office Box 1328 San Luis Obispo, CA 93406 Dear Chief Neuman: Please find enclosed three copies of the lease for use of the Fitness Lab by the City of San Luis Obispo Public Safety Departments for the purpose of undergoing fitness tests conducted by Dr. Jim Webb of the Cal Poly Physical Education Department during the period from January 3, 1983 through March 31, 1983 as arranged with Dr. Webb. This facility has been reserved for your use through arrangements made in advance with Dr. Webb. Please sign the original and one copy of the lease and return them to this office as soon as convenient. The third copy is for your files. Also enclosed are the facilities request and routing memo, which are distributed to University persons who should be aware of this event. If the arrangements meet with your approval, please initial the routing memo (page 1) and return it along with the two copies of the lease. The facilities request (page 2) is for your files. There are no parking fees to be concerned with as long as your personnel drive a city vehicle to the campus. They may park in any student parking space or visitor's parking place. Dr. Webb will notify me at the termination of this lease how many personnel have made use of the Fitness Lab. At that time the University will bill the City of San Luis Obispo at the rate of $1.00 per person per lab use. If you wish to continue with the pilot program after March 31; it will be necessary to extend the current lease or initiate a new lease agreement. We are most happy to be able to offer this facility for your use. Please feel free to contact me if I can be of further assistance. I hope your project is very successful. Sincerely, y T er tended Education Enclosures: 5 1'I -1L ALL ) NIA STN,r- UINIV15LT1' &r C0LLLG1 cc: Dr. Jim Rai ey, ea , ysical ucation Dr. Jim Webb, Physical Education Department � Aope-nd'ix A LEASE BY CAM-PUS PRESIDENT This lease made and entered into pursuant to Education Code 89046 by and between the Trustees of California State University and Colleges, hereinafter mentioned State University or College, hereinafter called the CAMPUS, and the undersigned lessee, hereinafter called the LESSEE: W ITN ESSETH: WHEREAS, the President of the CAMPUS finds that the property of the CAMPUS hereinafter described is not needed for CAMPUS purposes at the time o_ r times covered by this lease and that this lease will_ not interfere with the requirements of the CAMPUS;'and WHEREAS, under Section 89046 of the Education.Code the Director of Finance in August 1962 exempted from, the requirement of his.approval a lease of this character to an entity such ;as the LESSEE; NOW, THEREFORE, it is mutually agreed between the parties hereto as follows: SPECIAL PROVISIONS PARTIES: DATE: December 6, 1982 The TRUSTEES, through the President of California Polytechnic State University, Lessor City. of San . Luis _Obispo P _ __ ce Departments Lessee A governmental agency'�� 7 ❑ A nonprofit, charitable, education, or character - building or nation D. A group or individual who will use the facility for education or on -commercial uses PROPERTY (Descriptive name of premises — specify also State -owned fixtures or equipment included.) Fitness Lab - Physical Education Department With Lights _Without. Lights TERM (fill in one) • events -hours days nights 3 months DATES OF TERM fromJanuary 3. 1983 to March 31, 1983 inclusive p6lfj MXY4@ } IYdA -W as arranged with Dr. Jim Webb of the Physical Education Department RENTAL RATE Plus (Lights $ $1.00. per person Special (Clean -up $ -- — - (indicate event or unit of time) Charges (Janitor $ - - - -- -- - -- For (Security $ Administrative Costs (Other $25.00- TOTAL RENTAL $ 50.00 (est) DATE OR DATES FOR PAYMENT when billed PURPOSE FOR WHICji PROPERTY WILL BE USED is is for facility use only. Dr. Jim Webb will Re conaucting fitness tests on City Personnel will advise on numbers tested. FIXTURES, SIGNS; AND EQUIPMENT WHICH MAY BE PLACED ON OR ATTACHED TO THE PREMISES NONE ALTERATIONS PERMITTED NONE GENERALTERMS (1) The TRUSTEES, for and in consideration of the agreements of the LESSEE hereinafter expressed, hereby lease to the LESSEE, and the LESSEE leases from the TRUSTEES, that property of the CAMPUS described in the Special Provisions for the term therein specified. (2) The LESSEE agrees to pay as rental for the -said property an amount computed for the term of this lease at the rental rate per unit of time or event specified in the Special Provisions, plus any special charges specified therein, payable at the date or dates set forth therein. . (3) The LESSEE shall use the said property only for the purposes specified in the Special Provisions. (4) The TRUSTEES agree to furnish all necessary utilities for the said property, including heat,, water, and also light if the property is specified to be "with lights" except when such services cannot be supplied for. causes beyond the control of the TRUSTEES and except when there is a failure or defect in the physical plant or, utility lines, whether or not such failure or defect is beyond the control of the TRUSTEES, if the failure or defect cannot 'reasonably be remedied in time for use by the LESSEE during the term hereof, the TRUSTEES agree to furnish all janitorial services required for said property. . (5) The LESSEE may not make alterations or place or attach any fixtures, signs, or equipment in, about, or upon the said property except those alterations, fixtures, signs, and equipment described in Special Provisions. Any fixtures, signs, and equipment provided by LESSEE shall remain the property of the LESSEE and shall be removed by the LESSEE from said property prior to the termination of this lease. The LESSEE, if required by the TRUSTEES, shall, upon the expiration of this lease, or renewal thereof,. restore. said. property, to the same condition as that existing at the time of entering upon the same under this lease, reasonable wear and tear and damages by the elements or by circumstances over which the LESSEE has no control excepted. :- (6) CAMPUS -owned furniture or apparatus may not be removed or displaced by LESSEE or any agent, employee, or invitee of the LESSEE without permission of the TRUSTEES. The LESSEE shall cause any furniture or apparatus displaced to be replaced to the satisfaction of the TRUSTEES immediately after any event or occasion for which the property is used by LESSEE. (7) The LESSEE shall not violate nor suffer to be violated any federal or.State law, .local ordinance, or rule of the TRUSTEES or of the CAMPUS. (8) It is understood and agreed that the TRUSTEES and their agents shall have the right to enter the said property or any part thereof at any time for the purpose of examination or supervision, or for the purpose of making repairs and alterations thereto as may be determined necessary by the TRUSTEES. (9) The LESSEE agrees to. indemnify and save harmless the TRUSTEES, their officers, agents, and employees, from any and.all loss,. damage, or liability that may be suffered or incurred by the TRUSTEES, their officers, agents, and employees, caused by, arising out of, or in any way connected with the use by the LESSEE of the.said property. (10) It is mutually understood and agreed that this lease is not assignable by the LESSEE.either in whole or in part, nor shall the LESSEE sublet any part of the said property. (11) This agreement maybe terminated by either party upon thirty (30) days' written notice to the other party of this lease. (12) All notices herein required to be given; or which may be given by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States Mail, registered and postage prepaid, and addressed as herein provided. Notice to the LESSEE shall be addressed to the LESSEE at LESSEE's address set forth on the signature page hereof. Notice to the STATE shall be addressed to the President of the CAMPUS at the address set forth beneath,his signature on the signature page hereof. IN WITNESS WHEREOF, this indenture has been executed in quadruplicate ' by the parties Hereto as of the date hereof. .CALIFORNIA POLYTECHNIC STATE UNIVERSITY 19� Warren J. Baker LESSEE: 0 .1E BILLIG „ %// Wit+ .�i�, /J/ (' "`.:,:.:i= �i:.[A FC)I.Z "iFYiC�LC ,`(iai>r 1.r;I�'I:itSITY. S•: ?� LUIS CF.lISFO� -J Li) F7FlJmTI( O7'Ia Mi:14 r L1.hT01 S[IMILM Approval of Attached Carpus Facilities and Services Bequest for Your. Information and Action E1�?1I: Fitness Testing S- )a,,TSOI1(S): City of San Lu F >' F i alw(S): January 3, 1983 - March 31, IS)83 as arrange t ru im +re%hT Obispo Public Safety Departments This request for facilities at Cal Poly for a special meeting, program, or performance has been approved by the university for the dates and times indicated. All agencies of the university concerned in helping to make this program successful through ccrrpliance with the various requests (i.e., food service, audiovisual, security, etc.) are authorized to do so. Any questions or suggestions regarding this request should be directed to the Extended Education Coordinator, University Facility Lease Activities. For regulations concerning us university facilities, see the Campus Administrative Manual, Section 230, et seq. Distribution: Initial Date - ** r- Bart To ham ** Master Calendar- Trudy Beck. Activities ** Public Information officer- Don McCaleb ** Public Safety- Richard Ilrug ** Custodial Services- Johru Martin Cal Poly Theatre- Tbny Leto University Union- Roy-Gersten Housin Food Services- Pauline Shaffer. _ ** Audiovisual Services_ - ** Purchasin Office - Kay Patterson when lease re uired ** Grounds- Ferd Harriman ** Physical Education Department`: Jim Railey /Jim Webb ** Inforriation: Vice President -for Academic Affairs ** Information: Director ,Public Affairs ** Information : Chaia7rr3n ASI Program Board- PLEASE INITIAL AND DATE. Your initials will indiw.te youihave checked the items in this form which pertain to your area'of respoimsibility, that there are no conflicts, and that you will be able to cerrply with the request. Detach and fetain the Campus Facilities and Services Request. PLEASE Fffi7LRN THIS COVER I,ENFO TO THE OMDED EDUCATION OFFICE. ,L;Q.hJ nded cati Coordinator rsitiFacility Lease Activities December 6, 1982 Date CA A. "LNIA IUL)- IECINIC SIA•IE UNIVFTSITY, SAN LUIS OII1,11`0 EXFPN11LD MCATIC N OFFICE - PLEASE RETAIN CANE)LS FACILITIES A."lD SERVICES RB7JEST Pap� 2 ALL oosp mRING ORGANIZATIws wiEnfm UNIVERSITY OR NC7\uRvERSI'I'Y Z,IUSr EE IDENTIFIED. SI'C7.d,� OMMIZATICN(S): City of San Luis Obispo Public Safety Departments EVENT. Fitness Testing DATE(S): January 3, 1983 -March 31, 1983 Lt: Bart Topham�: 544 -5151 ��: apprx. 25 CONTACT PERM: - A. FACILITIES REQUEST: Times to be arranged with Jim Webb, Phys. Ed. Dept 1. FACILITY 1101DING :stress lab FFM TO ON - NuTher hour Rbur Date Room Assigned 2. 3. 4. FACILITY HOLDING: FROM TO CK FACILITY HOLDING: FF M TO C;N OTHER CAMPUS FACILITIES: : �� � 1�► .17l:17►`1W 1. RDQUFST PUBLIC ADDRESS SYSTEM FOR (1), (2), (3), (4) AB(NE. 2. REQUEST PI3a.TEC'IOR /SCF= FOR (1), (2), (3), (4) ABOVE. TYPE: p 97!1' 7. • 171• Y•7 9• • 17, ••- •r 9 �77�:M' t:19� • 1 71• M '17•' 7+ :!• • Date Time Place People 2. LUNCHEON: 3. DINNER: • .171iC �`)• 174�Iw`A 12 0.6 71• M a171 D. OTHER SERVICES RDQUE=: 1. MAPS /(E7tTIFICATFS /PRDGRM.LS /BADGES: 2. TRANSPORTATICIN /PARKING PERMITS: D Jim Webb will notif t 3. OTHER: o� p -y ersons and_ dates the s ucation Office as to the number iispil , Any -,}„; 1 i.. .._