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.
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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;
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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.
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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
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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-
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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.
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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.
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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
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Tat parka, Beaches and�CRS
�# Y Ci1l�: Jkttarnay �.,.
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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.
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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.