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HomeMy WebLinkAboutC-874 - Use of Community Youth CenterIlk T0. CITY COUNCIL FROM: ACTING CITY MANAGER SUBJECT: CORONA DEL MAR YOUTH CENTER AGREEMENT DISCUSSION. FEBRUARY 231 1965 THE AGREEMENT BETWEEN .THE CITY AND THE CORONA DEL MAR YOUTH CENTER HAS NOT BEEN RENEWED FOR 1964 -65. THE RENEWAL HAS NOT BEEN MADE FOR THE YEAR 1964, -65 BECAUSE A QUESTION HAS ARISEN REGARDING COMPENSATION FROM THE STATE IF AND..WHEN THE COASTAL FREEWAY ELIMINATES-THE COMMUNITY YOUTH.CENTER. THE COMMUNITY YOUTH CENTER BOARD'FEELS THAT THEY SHOULD RECEIVE ALL MONETARY COMPENSA- TION IN THE EVENT OF A.CONDEMNATION SETTLEMENT. IT APPEARS THAT A SETTLEMENT ON THE STAFF LEVEL 15 NOT POSSOBLE ON THIS QUESTION BECAUSE ANY A'OREEMENT WOULD INVOLVE THE DISPOSITION OF CITY OWNED ASSETS. JTD.VR 1 DEVLIN Y MANAGER a3 -�s FIL ' r JAI } i 1 r i I { i �1 WWC:mec 9/24/63 AGREEMENT THIS AGREEMENT, made and entered into this _L'�_ day of 1963, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and COMMUNITY YOUTH CENTER OF NEWPORT HARBOR, a non - profit corporation, hereinafter referred to as "C.Y.C. "; WHEREAS, C.Y.C. presently has a license from the Newport Beach School District to use a part of the Harbor View School site for a youth center, said part being a portion of Block 93, Irvine Subdivision, as shown on a map recorded in Book 1, page 88, of Miscellaneous Maps, records of Orange County, California; and WHEREAS, City has a parcel of land, containing 4.07 acres more or less, to use for park and playground purposes which is adjacent to the land C.Y.C. has under license, both of said parcels lying northerly of Fifth Avenue between Goldenrod Avenue, Harbor View Elementary School, and the northerly extension of Jasmine Avenue; and WHEREAS, C.Y.C. has erected a building to be used for a youth center for the citizens of the City of Newport Beach, here- inafter referred to as the "Youth Center Building ", and has erected a small building to use as a concession stand, hereinafter referred to as "Concession Building "; and WHEREAS, the C.Y.C. and private citizens at the request of the C.Y.C. with the approval of the City have constructed a lighted baseball diamond, tennis courts, restrooms, and new Scout House, which are located on both of said parcels of land; and WHEREAS, it would be to the mutual advantage of both parties and would afford more adequate recreational facilities to use the Youth.Center Building, the land licensed to C.Y.C., and the land owned by City as a unit for park and recreational purposes under the control and general supervision of the City; L k NOW, THEREFORE, in consideration of their mutual prom- ises, the parties hereto agree as follows: 1. C.Y.C. grants to City the right to use the Youth Center Building, the Concession Building, tennis courts, restrooms, and the grounds exclusively for recreational, educational, civic, and similar uses, for all of the citizens of the City of Newport Beach and particularly the young people thereof. There is excluded from this agreement the older Boy Scout Building located one hundred (100) feet, more or less, northeasterly of the Youth Center Building and the new Scout House located alongside the older Boy Scout Build- ing, and City shall have no rights or obligations with respect to said buildings. 2. City will provide supervision for programs and ac- tivities sponsored by City. 3. City shall have the exclusive control of the sched- uling of all programs and activities to be conducted in the Youth Center Building, on the baseball diamond, tennis courts, and on the grounds. City shall permit the use of the Concession Building only during the time events are scheduled on the baseball diamond, tennis courts, or grounds near the Concession Building. The use of said building shall be in accordance with rules established by City. City may make a charge for adult groups using the Youth Center Building to offset the cost to City of providing an attend- ant. These charges will be in accordance with a schedule estab- lished by the City and approved by the C.Y.C. Board. 4. The City is accepting control of the Youth Center Building and Concession Building and all other facilities the use of which is being granted to the City in their present condition and will maintain the same during the term of this contract. Maintenance shall include replacing glass and light bulbs, re- painting as necessary, and minor repairs. City will perform jani- torial services. 5. C.Y.C. will pay for the gas and electricity used at the Youth Center Building. City will supply water to the buildings 2. and grounds but is under no obligation additional outlets for water service. electricity at the Concession Building baseball diamond but may make a charge organized groups of adults to reimburs, ity used thereon by them. to provide any special or City will also pay for the and that used to light the for use of the diamond by City for cost of electric- 6. It is mutually understood that C.Y.C. desires to promote, sponsor and construct additional capital improvements on one or both parcels of land, such as additional baseball facili- ties, trees, and barbecue areas to increase the utility of the area as a recreation center. It is agreed that any such improve- ments will be constructed only in accordance with the Master Plan for the area which has heretofore been prepared and approved and only after specific written approval by the City for improvements on land owned by it and by the Newport Beach School District for improvements on land owned by it. C.Y.C. shall obtain a building, electrical or other permit as may be required by City regulations before starting construction and shall construct any such improve- ment in accordance with standards, plans and specifications ap- proved by City. Upon completion of any such improvement to the satisfaction of City, City shall assume the control, management and maintenance thereof. C.Y.C. shall not place or cause, permit or allow to be placed on the land or any part thereof any adver- tising signs of any kind or stands, benches or other structures without the prior written approval of the City in each case and, if any such sign, stand, bench, or structure is on land owned by the School District, the prior written approval of said District. 7. The parties hereto shall establish a coordinating committee of three (3) members. The Board of Directors of C.Y.C. shall appoint one of its members to the committee, the Parks, Beaches and Recreation Commission shall appoint one of its mem- bers to the committee, and the City Manager shall be a member. The functions and duties of the committee shall be to review 3. 0 individual problems pertaining to the use of the facilities as such problems arise at the request of the Parks, Beaches and Rec- reation Department or Commission, the Youth Center representatives, or persons using the facilities. The committee shall review at least once each three (3) months the operations under this agree- ment in light of the policies of the City and the policies of the Board of Directors of C.Y.C. for the purpose of determining whether the facilities are being used in the manner contemplated by the parties hereto. 8. The Board of Directors of C.Y.C. shall appoint one of its members to act as liaison between the Board of Directors and the City on matters pertaining to maintenance of the buildings and other facilities on the grounds and the construction of addi- tional facilities by the C.Y.C. as herein contemplated. This mem- ber will also act as liaison between the C.Y.C. and the Newport Beach School District in matters pertaining to maintenance of buildings and grounds and the construction of new facilities. The Board of Directors of C.Y.C. shall also appoint one of its members to act as liaison between the Board and the City on matters per- taining to programing of activities on the baseball diamond, in the Youth Center Building, and on any other facilities placed on the premises during the term hereof. These two members of the Board shall talk only with the City Manager or with an individual employee of the City designated by the City Manager on matters to which they are assigned. 9. Except as herein provided, for the purposes of the administration of this contract City means the City Manager or a 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. For the purposes of the administration of the matters with which the Newport Beach School District is concerned under this contract, the District Superintendent or a person designated 4. .. • 0 by him shall act for the School District. The District Superin- tendent or any person dissatisfied with a decision of the said Superintendent may take any such matter to the School Board of Newport Beach School District and its decision shall be final. 10. Upon termination of this agreement, City may remove any equipment or fixtures which it has installed in any building or on the grounds. Any damage resulting from removal shall be repaired by City. 11. The term of this agreement shall be from the date of its execution through June 30, 19640 12o Either party shall have the right to terminate this agreement at any time by giving the other party 60 days' written notice of its intention to terminate. 13. It is further understood that C.Y.C. owns only a license to use said land for youth center purposes, and that such license may be terminated by the Newport Beach School District's giving to C.Y.C. a written 90 -day notice to vacate. In the event such notice is given ti C.Y.C., the C.Y.C. shall immediately notify the City of Newport Beach thereof and the City of Newport Beach shall remove all improvements which it has placed upon the property. 14. This agreement shall become effective only upon its approval by the Newport Beach School District. IN WITNESS WHEREOF, the parties have hereunto set their hands.the day and year first above written,. CITY OF (NEW PORT BEAC�H6 By C r+'��l �' z• �7�17 Mayor By I XILA CtyCer CITY The above agreement is -1 approved and consented to, COMMUNITY YOUTH CENTER F NEWPORT HARBOR/ NEWPORT BEACH SCHOOL DISTRICT By E BY ' - f mar. By C.Y.C. 5. (18) 1 1� RESOD No. 5877 2 A 11SCLUTION OF T"i CITY COUNCIL OF M CITY (W T BEACH AUTEMIZING THR B;L� MON or 3 AN AOXStHRT WITH THE COMMKITY YOM C8i13'RR 07 Malmr RiRm 4 5 WHEREAS, the Cp@ i Youth Center in Corona dol liar 6 has been operated pursuant to a contract between the City of 7 Newport Beach snd the Comimmity Youth Center of Newpeatt Rarbori 8 and 9 W®3REA$. it is to the mutual advantage of the parties 10 and to the public to continua the operation of the Tduth Centex 11 under the teraw of said contract; and 12 WHEREAS, an agreement has been prepared and approved by 13 the Board of Directors of the Coomsaity Youth Center cad the Board 14 of the Newport Beach School District and is satisfactory to the 15 City; and 16 WRZMS. Revolution go, $859 adopted SepaWwr 10. 1%3. 17 authorized a form of said contract which has roan revised; 18 NM, TNMtXf g, BZ IT RBSOLVI9 that Resolution 1E0 $$39 19 is rescinded and that the agreemeent ditaf'ted 9/24/63 is 0reby 20 approved and the Mayor and City Clerk be and are hereby authorized 21 and directed to execute the saw on behalf of the City. 221 ADOPTItD this 141h day Of October. 1963. 23 mayor 25 ATTISTS 26 T-clti� 27 City MOW- 28 i 29 30 31 52 0 TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. C -874 0 Date October 21, 1963 Authorized by Resolution No. 5877 , adopted on October 14, 1963 Date Mayor and City Clerk executed Contract October 14. 1963 i Effective date of Contract October 14, 1963 Contract with Community Youth Center of Newport Harbor Address Brief description of Contract Amount of Contract 7rt V City Clerk #ity Clark October 21, 1963 Parks, Beaches and Recreation Director City Clerk Attached are four executed copies of the Community Youth Center. agreement, execution of which was authorized' by the Council on October 14 by the adoption of Resolution No. 5877, copy of which is attached for your records. MS:mv Encs. ih. 0' CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER TO: MAYOR AND CITY COUNCIL FROM: City Manager October 4, 1963 .The proposed agreement between the City of Newport Beach and the Community Youth Center of Newport Harbor inadvertently was sub- mitted to the City Council before review by the Community Youth Center Board, and several minor adjustments are desired. Therefore, it is requested that the Council rescind its former motion authoriz- ing the agreement and approve the new form. The only change in the new agreement provides that the new Scout House moved onto the property and located at approximately 100' northeasterly of the Youth Center Building shall not be the responsibility of the City. All parties agreed to this and it is recommended that the new agreement be approved and the Mayor author- ized to sign. � Q To From Subject: CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT City Clerk City Attorney October 2, 1963 Community Youth Center agreement Transmitted are five copies of a proposed agreement with the Community Youth Center which has been executed by the Youth Center Board and the School District. Also trans- mitted is a resolut*o"uthorizing the execution of this agreement and rescinding Resolution No. 5859. Resolution 5859 was adopted on September 10 and authorized substantially the same contract. However, the Youth Center Board requested some revisions which have been made. It is requested that the matter be submitted to the City Council on October 14. & 344-�� Walter W. Charamza WWC:mec City Attorney Encs. cc - City Manager P.B. & R. Director COUNCIL: 10 -1� l3. My �g DISPOSMON: OCT i� FILE N CITY OF 2 ART 9'" caue CITY Of IDWORT BEACH L 72M September 24, 1%3 To: Parks, Beaches and Recreation Director From: City Attorney Subject: Community Youth Center agreement Transmitted are ten copies of the revised agreement with the Ccu comity Youth Center. After it has been approved, please advise and we will prepare another resolution for the City Council to approve the con- tract and rescind Resolution No. 5859. WWC:mec ancs. cc - City Eger City Clerk Walter W. Charente City Attorney �j�e��se cnur CITY OF NEWPORT BEACH • h '14 To: City Clerk From: City Attorney August 30, 1963 Subject: Community Youth Center agreement Transmitted is a copy of proposed agreement with the Community Youth Center of Newport Harbor, which agreement has been sent to the P.B. & R. Director for execution by the Youth Center and approval by the School District. The attached resolution, if adopted by the City Council, will approve said agreement and authorize its execution. Upon your receipt of the executed agreement, the matter should be sub- mitted to the City Council for consideration. Walter W. C I ramza WWC:mec City Attorney Encs. cc - City Manager P.B. & R. Director 1. CITY OF NEWPORT BEACH CITY ATTORNEY DUMMENT August 30, 1963 To: Parks, Beaches and Recreation Director From: City Attorney Subject: Comw=ity Youth Center agreement Transmitted are 22 copies of the proposed agreement with the Community Youth Center. If found to be in crder, it is suggested that three copies of the agreement be executed by the Youth Center and submitted to the School District for approval and *_hereafter sent to the City Clerk for submission to the City Council for approval. The execution by the Youth Center should be by the president or vice - president and secretary or assistant secretary of the corporation. WWC:mec Encs, cc - City Manager City Clerk:, Walter W. Charamaa City Attorney 1 - Nnlw,k?> ,'1 cir }... A. ,. .z 1 - Nnlw,k?> ,'1 cir }... • 'PfORP1 . 30 Tat parka, Beaches and�CRS �# Y Ci1l�: Jkttarnay �.,. s r , is Cocagms ty Youth Center agreemat I osed agrtwaft. the ' 'li�esNe<id are �:.�eapies of the PxtP _ unity loath Center. .: . Y> l!:latieod.to_M deY..it is suggested that thAk =t ies. -° - .dxsaesttt4 by the Youth Canter and te $c or approval and thtrtafter ktk 1 ssion to the City' @ci2 ty Cie#r.i' eabo<i tier 'Y+rutb Crater a2botsid be by the assistant sec're - �r v sidaatwa�d_ seczetary .�... , = corporal K, Walter W. Charasna Wi1C3irta City Attorney Bca. \ ✓} J �aaggllr cR city CIrk� B! b3 (12) 1 RESOLt . l0. 5859 2 A IC=ON OF 'CITY COUNCIL,.. CITY 3 of '� BUGH AUT X * OM OF 4 A G T� IM CBNTIR 5 WHERUS, the Coom mitt' Youth Canter in Coramia del Her 6 has been operated pursuant '" a contract betwen . the City of 7 Newport Beach and the Coww ty Youth Otter of Newport.gsrbor; 8 and 9 VULUS, it Lis to thetaotual adVentage of the parties 10 and to the public to coattaw the operation of the Youth Qatar 11 substantially in acdordance" "frith the tam& of the agreement now in 12 ee3.stence; and 13 WHMU AS# an aWeemeat has been prepared and approved by 14 the Board of &hectors of the Commumity Youth Center the board 15 of the vavport Reach School District and is satislse B'+'n'Y to the 16 City; 17 WW* TMRNMZ, RR IT ] ZWLVW that . :egreameat:= is 16 hereby approved and the Mager and City Clark'be and era h erby 19 authorised and directed to iexeaute the oams on bebalf of the City.. 20 A80,1'M -th s 1.t _ day of September, 1963. 21 22 yore -... 23 ATTEST. 24 25 city clrw�r� 26 27 28 29 30 31 32 • .. r WWC:mec 8/30/63 AGREEMENT THIS AGREEMENT, made and entered into this day f September, 1963, by and etween the CITY OF NEWPORT BEACH, a uni- cipal corporation, herein fter referred to as "City ", and UNITY YOUTH CENTER OF NEWPORT HAR OR, a non - profit corporation, herein- after referred to as "C.Y.C. ; WITNE SETH: WHEREAS, C.Y.C. prese ly has a license f om the Newport Beach School District to use a pa t of the Harbor iew School site for a youth center, said part bein a portion o Block 93, Irvine Subdivision, as shown on a map recor ed in Boo 1, page 88, of Miscellaneous Maps, records of Orange ounty California; and WHEREAS, City has a parcel o lan , containing 4.07 acres more or less, to use for park and playgr u d purposes which is adjacent to the land C.Y.C. has under li se, both of said parcels lying northerly of Fifth Avenue betwee Go l enrod Avenue, Harbor View Elementary School, and the north rly ex ension of Jasmine Avenue; and WHEREAS, C.Y.C. has erec ed a buildi to be used for a youth center for the citizens of he City of Ne ort Beach, here- inafter referred to as the "You Center Building', and has erected a small building to use as a c ncession stand, her inafter referred to as "Concession Building "; and WHEREAS, the C.Y. . and private citizens at the request of the C.Y.C. with the ap oval of the City have const ucted a lighted baseball diamond tennis courts, restrooms, and ew Scout House, which are locat on both of said parcels of land; and WHEREAS, it would be to the mutual advantage of th parties and would a ord more adequate recreational faciliti s to use the Youth Cent Building, the land licensed to C.Y.C., and the land owned by ity as a unit for park and recreational purposes under the control and general supervision of the City. NOW, THEREFORE, in consideration of their mutual prom- ises, the parties hereto agree as follows: 1, C.Y.C. g nts to City the right to use the outh Center Building, the Conce sion Building, tennis courts new Scout House, restrooms, and the gr unds exclusively for re eational, educational, civic, and simila uses, for all of t e citizens of the City of Newport Beach and p rticularly the y ung people there- of. There is excluded from this greement th older Boy Scout Building located one hundred (100) feet, mo or less, northeast- erly of the Youth Center Building, nd Cit shall have no rights or obligations with respect to said uil ing. 2. City will provide supe 'sion for programs and ac- tivities sponsored by City. 3. City shall have the Cl u ive control of the sched- uling of all programs and activiti s to b conducted in the Youth Center Building, on the baseball diamond, ennis courts, and on the grounds. City shall permi the use of he Concession Building only during the time events a e scheduled on the baseball diamond, tennis courts, or grounds n r the Concession Building. The use of said building shall be /n accordance with r les established by City. City may make a ctXarge for adult groups ing the Youth Center Building to off4t the cost to City of pro iding an attend- ant. These charges w }11 be in accordance with a s hedule estab- lished by the City afid approved by the C.Y.C. Board. 4. The; .City is accepting control of the uth Center Building and Concession Building in their present con 'tion and 1 will maintain thA same during the term of this contract Mainten- ance shall inc de replacing glass and light bulbs, repa nting as necessary, a minor repairs. City will perform janitori 1 services. 5. C.Y.C. will pay for the gas and electricity used at the Youth Center Building. City will supply water to the ildings and grounds but is under no obligation to provide any speci 1 or 2. additional outlets for water service. City will also pay for the electricity at the Concession Building and that used to light the baseball diamond ut may make a charge for use of the dia d by organized groups of dults to reimburse City for cost o electric- ity used thereon by t em. 6. It is m tually understood that C.Y. . desires to promote, sponsor and con truct additional capit improvements on one or both parcels of la d, such as addition baseball facili- ties, trees, and barbecue reas to increase the utility of the area as a recreation center It is agree that any such improve- ments will be constructed on y in accor ance with the Master Plan for the area which has hereto ore bee prepared and approved and only after specific written ap rova by the City for improvements on land owned by it and by the a ort Beach School District for improvements on land owned by i C.Y.C. shall obtain a building, electrical or other permit as be required by City regulations before starting constructio and 11 construct any such improve- ment in accordance with st ndards, plans and specifications ap- proved by City. Upon c letion of any such improvement to the satisfaction of City, C ty shall ass a the control, management and maintenance there f. C.Y.C. shal not place or cause, permit or allow to be plac on the land or a y part thereof any adver- tising signs of an kind or stands, be ches or other structures without the prior written approval of t e City in each case and, if any such sig , stand, bench, or struc ure is on land owned by the School Dis rict, the prior written ap roval of said District. 7. The parties hereto shall es ablish a coordinating committee of three (3) members. The Board f Directors of C.Y.C. shall appo' t one of its members to the c ttee, the Parks, Beaches a Recreation Commission shall appo nt one of its mem- bers to the committee, and the City Manager s all be a member. The functions and duties of the committee shal be to review 3. individual problems pertaining to the use of the faciliti as such problems arise at the request of the Parks, Beache and Rec- reation Department or Commission, the Youth Center re esentatives, or persons using t e facilities. The committee shal review at least once each three 3) months the operations un er this agree- ment in light of the policies of the City and th policies of the Board of Directors of C.Y. . for the purpose o determining whether the facilities are being us d in the manner ontemplated by the parties hereto. 8. The Board of Di ectors of Y.C. shall appoint one of its members to act as liaiso betwe the Board of Directors and the City on matters pertaini to maintenance of the buildings and other facilities on the groun nd the construction of addi- tional facilities by the C.Y.C. as erein contemplated. This mem- ber will also act as liaison bet a the C.Y.C. and the Newport Beach School District in matter per aining to maintenance of buildings and grounds and the onstru tion of new facilities. The Board of Directors of C.Y.C. shall also appoint one of its members to act as liaison between t e Board and he City on matters per- taining to programing of tivities on th baseball diamond, in the Youth Center Buildin , and on any othe facilities placed on the premises during the term hereof. These two members of the Board shall talk only ith the City Manager with an individual employee of the City esignated by the City M ager on matters to which they are assi ed. 9. Exc pt as herein provided, for t e purposes of the administration of this contract City means the ity Manager or a City employee de ignated by him. The City Manag r or any person dissatisfied w' h a decision of the City Manager y take any matter to the ity Council and its decision shall be final. For the purposes of the administration f the matters with which t Newport Beach School District is co cerned under 4. this contract, the District Superintendent or a person designated by him shall act for the School District. The District Super' - tendent or any person dis atisfied with a decision of the s id Superintendent may take an such matter to the School Boa d of Newport Beach School Distric and its decision shall be final. 10. Upon terminati n of this agreement, Ci y may remove any equipment or fixtures which it has installed i any building or on the grounds. Any damage resulting from re val shall be repaired by City. 11. The term of this Agreement s 11 be from the date of its execution through June 30,1964. 12. Either party shall ave t e right to terminate this agreement at any time by givin t other party 60 days' written notice of its intention to t inate. 13. It is further unders d that C.Y.C. owns only a license to use said land for yout cen er purposes, and that such license may be terminated by the ewpor Beach School District's giving to C.Y.C. a written 90- y notice to vacate. In the event such notice is given to C.Y. ., the C.Y.C. shall immediately notify the City of Newport Beach t ereof and the C'ty of Newport Beach shall remove all improvem is which it has p aced upon the property. 14. This agre ment shall become of ective only upon its approval by the Newpor Beach School District. IN WITNESS W REOF, the parties have h reunto set their hands the day and y r first above written. CITY OF NEWPORT BEA H By The above a approved an NEWPORT BEA a By eement is consented to. COMMUNITY YOUTH CENTER HARBOR SCHOOL DISTRICT By By 5. CITY NEWPORT Y.C.