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HomeMy WebLinkAboutC-1044 - License agreement0 TO: Finance Director FROM: City Clerk SUBJECT: Contract E Contract No. 0-1044 Authorized by Resolution No. 6362 , adopted on May 23, 1966 Date Mayor and City Clerk executed Contract May 24, 1966 Effective date of Contract 25 Contract with Commmity youth Center of Newmort Hator Address P. 0. Box 4 Corona del Mar. Calif Brief description of Contract License Akreewnt Amount of Contract - City Clerk `T CITY OF NEW 2PEACH CITY_ATTORNEY DEPARTMENT June 14, 1966 To: City Clerk From: City Attorney Subject: Community Youth Center agreement icy 3�' Transmitted are the original and one copy of the subject agreement, authorized by City Council Resolution No. 6362. The original has now been fully executed by all parties and is forwarded to you to be retained in your official files. Tully IV Segmou THS :mec City Attorn ey Atts. AD f City Clerk vr City Attorney City Clerk Community Youth Center Agwpinout May 27, 1966 Attached are the duly executed original and two copies of License Agreement between the City and the Community Youth Center of Newport Harbor for transmittal to Newport beach Elementary School Board for its consideratios on June 8, 1966. lcl Encl. Deputy City Clerk s. El 4 t l ;1 i i i :I j ? -a 5In / 9%bh (12) 2 A RESOLUTION JA' -NA Cr1:% 4::O€s`WIL Of THE CITY OF WOMT MACH Ab-ZI&OPIZIn THE EXE=1,00 OF A 3 LyIG EN ; A- ;xU=A " xf -eel ( THE t;..("wailTy Yom cE.NTE . 41 5 WWUSAS, the cowasity Your ;;,cater it r,Gxsoaa 4#1 Mr 6 has been operated purauear to to a r -.t between the City vi 7 port => ath and the Lommunity Youth a;euterc o! iWmp z, harbor; 8 and 9 'WHIMUS, tgiore bwts been proseuted to the City Council 10 a new lieoiaeso agreement which would supersede the earlier agreement, 11 the tern of said agreement to extend through, L*ceoibex 31, 19700 12 awnless sooner terminated as provi€iead therein; acid 13 WROXAS, the city Council has considered the terms and 14 coition$ of the licenses agreement axed datetained that it would I 15' " to the manual advantage of the parties and to the public to 16 cmitiaess dw operation of the Youth Center in accordatrer tberawith; 17 NOWj, TiMUFMI9 AS IT USOLM tb*t the lager agree- 18 ment is harebry approved &sad the hayor and City s irarie are hereby 19,i audwrized and directed to execute the same an behalf of the City. 20' AVOPTE~Cbt this „ 23d day of m!X 1966. 21 22 V'v l 231 Vice - mayor ATTEST': 24 25 Deputy CIty IL e� 26 27 28 29 30 31 32 �THS� ` em 5y1 �66 (8) , 1b II .. 1 LICENSE AGREEMENT 2 THIS AGREEMENT, made and entered into this .,Ls day 3 of 1966, by and between the CITY OF NEWPORT BEACH, 4 a munici al corporation, hereinafter referred to as "City ", and 5 COMMUNITY YOUTH CENTER OF NEWPORT HARBOR, a non - profit corporation, 6 hereinafter referred to as "Youth Center"; 7 WITNESSETH: 8 WHEREAS, Youth Center has heretofore entered into a 9 license agreement dated January 5, 1954, with the Newport Beach 10 Elementary School District which authorized Youth Center to con - 11 struct and use buildings and recreational facilities on a portion 12 of the Harbor View School property more particularly described as 1311 follows: 14 An irregular section lying outside of the existing fence on the Southeasterly corner of the Harbor View School site. 15 This site is on the "east side of Goldenrod Avenue Extension, Corona del Mar, Newport Beach, now known as 900 16 Goldenrod Avenue. It is a portion of Block 93, Irvine's Subdivision as shown on a map recorded in Book One, Page 17 88, of Miscellaneous Maps, Records of Orange County, California "; 18, and 19 WHEREAS, City owns a parcel of land, containing approx- 20 imately 4.07 acres, which is adjacent to the school property under 21 license to Youth Center, both of said parcels lying northerly of 22 Fifth Avenue between Goldenrod Avenue, Harbor View Elementary 23 School, and the northerly extension of Jasmine Avenue; and 24 WHEREAS, Youth Center has constructed various improve - 25 � ments on the school property including a Youth Center Building, 26 a food concession building, a combination restroom- storage buildin 27 two Boy Scout Buildings, a baseball diamond with lighting facil- 28 ities, a basketball court, two backboards, a chain link fence, a 29 water sprinkler system, playground apparatus for small children, 30 and other miscellaneous recreational facilities; and 31 WHEREAS, Youth Center has also constructed recreational 32 facilities on the City -owned property, including tennis courts 1 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26' 27 28 I 29 30 31 32 and light standards; and WHEREAS, it would be to the mutual advantage of both parties and the public to use the school property licensed to the Youth Center and the City -owned property as a unit for park and recreational purposes; and WHEREAS, the Newport Beach Elementary School District and the City have heretofore entered into an agreement for com- munity recreation dated December 27, 1963, pursuant to Chapter 6 of Division 12 of the Education Code which provides for the joint use of School District and City recreational facilities; NOW, THEREFORE, in consideration of their mutual prom- ises the parties hereto agree as follows: 1. Youth Center hereby conveys, transfers and assigns all of its right, title and interest to all buildings, facilities and improvements located on the City -owned property and on the Harbor View School property to the City. 2. The transfer of property from the Youth Center to the City as set forth in paragraph 1 of this agreement is made in contemplation of a taking of the school and City property by the State of California for highway use and for the purpose of enabling the City to represent the property interests of the Youth Center in connection with any "appropriation" of such property as defined in paragraph 9 of this agreement. If an appropriation does not occur within two (2) years following the effective date of this agreement, then City agrees to reconvey to Youth Center upon written request of its Board of Directors all buildings, facilities and improvements transferred to City pur- suant to paragraph 1 of this agreement. 3. The City, the Youth Center, and the School District shall cooperatively control the scheduling of all programs and activities to be conducted on the premises and shall make appropriate rules governing the use of the facilities located 2. 11 I thereon. 2 4. City will main" the buildings and other facilities 31 and will provide janitorial services. Maintenance shall include 4 the replacement of broken glass and light bulbs, necessary repaint - 5 ing and minor repairs. .City may make a charge for adult groups 6 using the Youth Center to recover its costs for providing an 7 attendant and for janitorial services in the building. 8 5. Youth Center will pay for the gas and electricity 9 used at the Youth Center Building. City will supply water to the 10 buildings and grounds but is under no obligation to provide any 11 special or additional outlets for water service. City will also 12 pay for the electricity at Ae Concession Building and that used 13 to light the baseball diamond but may make a charge for use of the 14 diamond by organized groups of adults to reimburse City for cost 15 of electricity used thereon by them. 16 6. The parties hereto shall establish a coordinating 17 committee of three (3) members. The Board of Directors of Youth 18 Center shall appoint one of its members to the committee, the 19 Parks, Beaches and Recreation Commission shall appoint one of its 20 members to the committee, and the City Manager shall be a member. 21 The functions and duties of the committee shall be to review 22 individual problems pertaining to the use of the facilities as 23 such problems arise at the request of the Parks, Beaches and 24 Recreation Department or Commission, the Youth Center representa- 25 tives, or persons using the facilities. The committee shall review 26 at least once each three (3) months the operations under this agree 27 ment in light of the policies of the City and the policies of the 28 Board of Directors of Youth Center for the purpose of determining 29 whether the facilities are being used in the manner contemplated by 30 the parties hereto. 31 7. The Board of Directors of Youth Center shall appoint 32 one of its members to act as liaison between the Board of Directors 3. .. 1 2 3 41 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26' 2711 2811 29 30 31 321 and the City on matters pertaining to the maintenance of the build- ings and other facilities on the grounds and on the matter of scheduling the use of the facilities and equipment on the premises. This member will also act as liaison between the Youth Center and the Newport Beach Elementary School District in matters pertaining to maintenance of buildings and grounds. The Maintenance Represen- tative of the Youth Center and a representative of the City Parks, Beaches and Recreation Department shall make an inspection of the entire facility four times each year. After each inspection the representatives shall jointly prepare a written report containing their recommendations for maintenance work on the facility and shall furnish copies of their report to the City Manager and the Youth Center Board. 8. 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. 9. In the event of any taking or damaging of all or any part of the City -owned real and personal property referred to in this agreement, including improvements owned by the City on the school property, or any interest therein, by reason of any exer- cise of the power of eminent domain, whether by a condemnation proceeding or otherwise, or any transfer of all or any part of said property or any interest therein made in avoidance of an exercise of the power of eminent domain (all of the foregoing bei referred to as "appropriation ") during the term hereof or any extension or renewal thereof, the rights and obligations of the City and Youth Center with respect to such appropriation shall be as follows: (a) In the event of a taking of all of the school and City -owned property, this agreement as above set forth 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 shall terminate as of the date of such appropriation. (b) In the event of an appropriation of less than all of the school and City -owned property described herein, this agreement shall continue in full force and effect sub- ject to the right of either party to give notice of its intention to terminate. (c) If this agreement as above set forth is terminated pursuant to paragraphs (a) or (b), City shall be entitled to the entire award received from the condemning agency for improvements. City agrees that it will pay to Youth Center such portion of the award as shall be determined by City and Youth Center to be attributable to improvements made by Youth Center. Youth Center agrees to devote any such funds received from the City towards payment of the cost of constructing a similar recreational facility at another location. 10. The term of this agreement shall be from the date of its execution through December 31, 1970; provided, however, that 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. It is further provided that, if this agreement is terminated prior to its expiration date, the pro- visions of paragraph 2 concerning the duty of the City to reconvey the Youth Center property, and the provisions of paragraph 9 con- cerning the disposition of funds received as a result of an appropriation as defined therein, shall remain effective until December 31, 1970. IN WITNESS WHEREOF, the parties have hereunto set 5. R I , , 11 to , 9 0 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 their hands the day and year firAt; above written. CITY OF NEWPORT BEACH By _ APPROM AS TO F RM: Vice Mayor ILt& 71 l Vi ft^ww^� Attest: Tull,qH. SeyFo—ur City ttorney iey I)eputy Yty ttg:rk CITY COMMUNITY YOUTH CENTER OF NEWPORT HARBOR - (j APPROVED AND CONSENTED TO B By BY NEWPORT BEACH ELEMENTARY SCHOOL DISTRICT By By secretary to the YOUTH CENTER Board of Education 6. 0 Q J To: From: Subject: CITY OF NEWPORT BEACH City Clerk City Attorney May 20, 1966 Q C1 / Community Youth Center agreement Transmitted are the original and two copies of proposed License Agreement between the City and the Community Youth Center of Newport Harbor, together with a resolution which, if adopted by the City Council, will authorize its execution on behalf of the City. The original and one copy of the agreement have been executed on behalf of the Youth Center. We are intending to present the agreement to the Newport Beach Elementary School Board for its consideration on June S. It is, therefore, requested that the agreement be executed in triplicate on behalf of the City and returned to us at an early date. Fol- lowing its execution by all parties, the original will be trans- mitted to you for the City's official files. THS:mec Atts. cc - City Manager Parks, Beaches Director m.11 Tully Seymo lCv �J City Attorney and Recreation 0 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT Toe The Honorable Mayor and Members of the City Council From: City Attorney 0 May 20, 1966 Subject, License agreement with Community Youth Center of Newport Harbor The subject agreement authorizes the Youth Center to use a parcel of City -owned property consisting of approximately four (4) acres which is located adjacent to the Harbor View Elementary School in Corona del Mar. The original agreement with the City for the use of this property dates back to 1960. The Youth Center also has a license agreement with the school district authorizing it to use a portion of the adjoining school property. During past years the Youth Center has invested a considerable amount of money in the construction of improvements, most of which are located on the school property. The property licensed to the Youth Center lies within the adopted route of the Pacific Coast Freeway and it is anticipated that the Division of Highways will shortly enter into negotiations with the City and the school district to acquire the property. The Youth Center Board of Directors has requested assurances from both the City Council and the School Board that the Youth Center will be reimbursed for the value of its improvements from the monies received from the State. The County Counsel has taken the posi- tion that a school district does not have the authority to reimburse a private corporation such as the Youth Center under the circumstances described above. In order to protect the interests of the Youth Center, the license agreement provides for the transfer of the Youth Center improve- ments on the school property to the City. It is further provided that the City will pay to the Youth Center such portion of the money received from the State as is attributable to improvements placed on the City and the school property by the Youth Center. The Youth Center agrees to devote any such funds received from the City towards the payment of the costs of a similar recreational facility at another location. If the State does not acquire the property within two (2) years from the effective date of the agree- ment, the City is obligated to reconvey the improvements to the Youth Center. The remainder of the agreement contains substantially • To; The Honorable Mayor and May 20, 1966 Members of the City Council the same provisions with respec recreational facilities as were The agreement has been executed has been approved by the County School Board. THSoaem cc - City Manager City Clerk F B & R Director 2. to the operation and use of the included in previous agreements. on behalf of the Youth Center and Counsel for presentation to the Tully , Ym Se o r �� City Attorney r CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT May 31, 1962 To: The Honorable Mayor and City Council From: City Attorney Subject: Lease and option to purchase the park property at Corona del Mar Youth Center The City Council has decided to exercise the City's option to pur- chase this 4.07 acres, and has directed the undersigned to give The Irvine Company notice thereof and to complete the acquisition of the property. The purpose of this memorandum is to supply additional information to the City Council as to the terms of the lease and option and the reason it was felt the option should be exercised. The lease was dated the 28th day of February, 1959, and leased about 4.07 acres for five years from The Irvine Company adjacent to 5th Avenue for park and playground purposes. It also contained an option to the City to purchase the property at a price of $10,175.00 in cash at any time during the term after the first two years. The lease also provides that if the premises are taken by public author- ity other than lessee by eminent domain, the lease terminates as to the premises taken, and lessee must remove the improvements without any right to damages therefor. All compensation awarded for the taking belongs to lessor. The lease provides that if the option is exercised lessee shall give lessor written notice thereof, and within fifteen days lessor and lessee shall enter into an escrow and within sixty days thereafter lessee must deposit the purchase price. After that, lessor is to cause a grant deed to be delivered conveying title to the City sub- ject to the following: "(a) The lien of taxes and assessments then current ...; (b) The reservations for road, drainage and utility pur- poses hereinabove ...; (c) Reservations unto Lessor, as grantor in said deed, its successors and assigns, of all oil, gas and other hydrocarbon substances in and under the property conveyed, together with the right to explore for, develop, extract and remove the same therefrom by slant drilling or other like methods, with der- ricks or drill rigs located outside of the boundaries of said property; 0 0 To: The Honorable Mayor and City Council m2- May 31, 196.2 (d) The following express condition which shall run with the real property conveyed and shall operate as a condition subsequent and shall apply to and bind Lessee, as grantee, and its successors and assigns, to wit- 'Said real property, except the easements above described, shall be used for public park and playground purposes and for no other use or purpose; and should grantee or its successors and assigns cease to use said property, or any part thereof, for the purposes herein - above specified, or should attempt to use said property, or any part thereof, for any other purpose, then and thereupon this conveyance shall be rendered null and void and said real property and the whole thereof shall revert to grantor, its successors and assigns, each of whom shall have the right to re -enter and take possession of said real property and the whole thereof and remove all persons therefrom; provided, however, that grantee, its successors and assigns, may dedi- cate streets across said property, and provided further that other uses may be made of said property with the written con- sent of the grantor or its successors or assigns. "' It should be noted that the deed will provide that the land must be used for "public ark and playground oses and for no _.other. RurQose! T erefore, after the exercise o the option and the delivery and acceptance of the deed, the City should continue using the land for the described purposes. Should the property be taken for freeway purposes after the option is exercised, the taking would be a matter over which the City has no control, and should not, therefore, operate as a breach of the condition upon which the land is to be granted to the City. The basis for this conclusion is set out in two California cases. The first is C ity of Santa Monica v. Jones (1951), 104 Cal. App, 2d 463. In this case the successors ot grantors of land to a pre- decessor of Pacific Electric Railway Company for railroad purposes contended that they were entitled to the award for the land being taken by eminent domain by the City of Santa Monica. The court decided that they were not entitled to the award because rights resulting from alleged breaches had been waived and the change in use was outside control of the present owner of the land. The later case ip Peo le v. Cit of Los Angeles (1960), 179 Cal. App. 2d 558. Here t e iv sion o Highways was taking a portion of Griffith Park for freeway.purposes. The successor to the orig- inal grantor of Griffith Park claimed the State had no power to take the land, and that in any event he was entitled to the award. The court held the State could take the land for freeway purposes. It also held the City was entitled to the award, and based its decision principally upon the rule of the Santa Monica case to the effect that the use had continued until interrupt the taking by the State of California. Toe The Honorable Mayor and City Council m3m May 31, 1962 Although the facts in our case will not be exactly the same as in the cited cases, the same result should be reached if the State takes this area for a freeway. Under the terms of our lease, this affords the City the only opportunity to receive compensation for the improvements that have been placed on the leasehold estate. It must be remembered that the deed here will reserve to The Irvine Company oil, gas and hydrocarbon substances. The amount of compen- sation the company may receive for this interest will depend upon whether the State takes it and, if it does take it, whether The Irvine Company claims compensation and proves the value of the interest it retains under the proposed deed. This memorandum is being sent only to the members of the City Council and City Manager and City Clerk. M 1I�tr�JV� alter Waram WWComec City Atty cc m City Manager City Clerk �, WWC:mec • 5/11/61 AGREEMENT 0 THIS AGREEMENT, made and entered into this day of June, 1961, 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 do 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, under lease from The Irvine Company 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 which is 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 leased by City as a unit for park and recreational purposes under the control and general supervision of the City; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1. C.Y.C. grants to City the right to use the Youth Center Building, the Concession Building 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 Boy Scout Building located one hundred (100) feet, more or less, northeasterly of the Youth Center Building, and City shall have no rights or obligations with respect to said building. 2. City will provide supervision for programs and activities sponsored by City. 3. City shall have the exclusive control of the ached- uling of all programs and activities to be conducted in the Youth Center Building, on the baseball diamond, and on the grounds. City shall permit the use of the Concession Building only during the time events are scheduled on the baseball diamond or grounds near the Concession Building. The use of said building shall be in accordance with rules established by City. 4. The City is accepting control of the Youth Center Building and Concession Building in their present condition and will maintain the same during the term of this contract. Mainten- ance shall include replacing glass and light bulbs, repainting as necessary, and minor repairs. City will perform janitorial 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 and grounds but is under no obligation to provide any special or additional outlets for water service. City will also pay for the electricity at the Concession Building and that used to light the baseball diamond but may make a charge for use of the diamond by organized groups of adults to reimburse City for cost of electricity used thereon by them. 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 facilities, 2. • 0 trees, barbecue areas, and tennis courts 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 the City has under lease from The Irvine Company 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 re- quired by City regulations before starting construction and shall construct any such improvement in accordance with standards, plans and specifications approved by City. Upon completion of any such improvement to the satisfaction of City, City shall assume the con- trol, 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 advertising 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 members to the committee, and the City Manager shall be a member. The functions and duties of the committee shall be to review individual problems pertaining to the use of the facilities as such problems arise at the request of the Parks, Beaches and Recreation Depart- ment 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 agreement in light of the policies of the City and the policies of the Board of- Direc- tors of C.Y.C. for the purpose of determining whether the facilities are being used in the manner contemplated by the parties hereto. 3. 0 0 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 additional facilities by the C.Y.C. as herein contemplated. This member 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 Di- rectors of C.Y.C. shall also appoint one of its members to act as liaison between the Board and the City on matters pertaining to programing of activities on the baseball diamond, in the Youth Center Building, and on any other facilities placed on the prem- ises 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 finals 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 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. 4. W 0 0 llo The term of this agreement shall be from the date of its execution or July 1, 1961, whichever last occurs, through June 30, 1962. 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 to CoYoCo, 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 Board of Trustees of the Newport Beach School Dis- trict. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first abo-, CI7 By By k City Clerk CITY COMMUNITY YOUTH CENTER OF NEWPORT HARB By By C.Y.Co The above agreement is approved and consented to, NEWPORT BEAC H / SCHOOL DISTRICT / By 5. WWC:mec 5/11/61 0 AGREEMENT THIS AGREEMENT, made and entered into this �� 'day of June, 1961, 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. "; WITNESSETH: 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, under lease from The Irvine Company 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 which is 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 leased by City as a unit for park and recreational purposes under the control and general supervision of the City; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 0 1. C.Y.C. grants to City the right to use the Youth Center Building, the Concession Building 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 Boy Scout Building located one hundred (100) feet, more or less, northeasterly of the Youth Center Building, and City shall have no rights or obligations with respect to said building. 2. City will provide supervision for programs and activities 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, and on the grounds. City shall permit the use of the Concession Building only during the time events are scheduled on the baseball diamond or grounds near the Concession Building. The use of said building shall be in accordance with rules established by City. 4. The City is accepting control of the Youth Center Building and Concession Building in their present condition and will maintain the same during the term of this contract. Mainten- ance shall include replacing glass and light bulbs, repainting as necessary, and minor repairs. City will perform janitorial 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 and grounds but is under no obligation to provide any special or additional outlets for water service. City will also pay for the electricity at the Concession Building and that used to light the baseball diamond but may make a charge for use of the diamond by organized groups of adults to reimburse City for cost of electricity used thereon by them. 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 facilities, 2. L • trees, barbecue areas, and tennis courts 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 the City has under lease from The Irvine Company 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 re- quired by City regulations before starting construction and shall construct any such improvement in accordance with standards, plans and specifications approved by City. Upon completion of any such improvement to the satisfaction of City, City shall assume the con- trol, 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 advertising 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 members to the committee, and the City Manager shall be a member. The functions and duties of the committee shall be to review individual problems pertaining to the use of the facilities as such problems arise at the request of the Parks, Beaches and Recreation Depart- ment 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 agreement in light of the policies of the City and the policies of the Board of- Direc- tors of C.Y.C. for the purpose of determining whether the facilities are being used in the manner contemplated by the parties hereto. 3. Y • u 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 additional facilities by the C.Y.C. as herein contemplated. This member 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 Di- rectors of C.Y.C. shall also appoint one of its members to act as liaison between the Board and the City on matters pertaining to programing of activities on the baseball diamond, in the Youth Center Building, and on any other facilities placed on the prem- ises 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 finale 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 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. loo 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. 4. i • 11. The term of this agreement shall be from the date of its execution or July 1, 1961, whichever last occurs, through June 30, 1962. 12e 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 to 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 Board of Trustees of the Newport Beach School Dis- trict. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first abov CII By By I °\ a City -C erg CITY COMMUNITY YOUTH CENTER OF NEWPORT HARB B B CoY.C. The above agreement is approved and consented to. NEWPORT BEACH SCHOOL DISTRICT By 5. COUNCIL: CITY OF NEWPORT BEACH FILE: CITY ATTORNEY lfl 1 BEFARTMENT June 2, 1961 To: City Clerk From: City Attorney Subject: Resolution authorizing agreement with the Community Youth Center i Forwarded are nine copies of a proposed agreement with the Com- munity Youth Center, together with a resolution which, if adopted, will authorize its execution. The agreement has been submitted to the P. B. & R. Commission, the Youth Center Board, and the School District and found to be satisfactory to all of them. It is, therefore, suggested that the matter be submitted to the City Council for consideration. WWC:mec Encs. Walter W. tharamza City Attorney cc - City Manager Recreation Superintendent • CITY OF NEWPORT. BEACH City Council City of Newport Beach Gentlemen: CALIFORNIA May 31, 1961 Cry z /(i�O ycry c�FA ' G f } ORT Op 'f F City Hell 33oo W. Ne vo" Blvd. OR" 3 -ano At the regular meeting of the Parks, Beaches and Recreation Commission, held May 16, 1961, the annual agreement between the City and the Youth Center Board was reviewed. After approving of a few minor changes previously discussed with the Board, the proposed Agreement, to be effective through June 30, 1962, was unanimously approved by the Commission and recommended to City Council for adoption. Very truly yours, i � A �. A. W. SNYDER, CHAIRMAN Parks, Beaches & Recreation Commission r z ` r � �''�` •, rt � hj o 4h To: From: Subject: u CITY OF 1iE MRT BEACH r -1 . City Clark City Attorney i June 2, 1961 Resolution authorizing agreement with the Community Youth Center Forwarded are nine copies of a proposed agreement with the Com- munity Youth Centel together with a resolution which, if adopted, will authorize its execution. The agreement has been submitted to the P. B. & R. Commission, the Youth Center Board, and the School District and found to be satisfactory to all of them. It is, therefore, suggested that the matter be submitted to the City Council for consideration. WWC:mec Encs. Walter W. Charamza City Attorney cc - City Manager Recreation Superintendent, / (12) .0 2 A USOLMM Of TRZ CITY COUNCIL OF THE CITY 4W VWFM MACH ALTIMIZIM THR =CUTIOW Of AN AOREI-96UT WM TU CQj%W= TWUTH CSW= (W HKWMT RA"m 5 [ WMMFA$s the Commmity T Center In Owens del Oar 6 has bs" SP*r&t*d PWOUMt to 4 S*Utr&Ct b*tw*Gn the City Of 7 j $411part 364th and the Conamity Youth Center of Newport darbar; 8 a" 9 WWW"s it is to the mawa advantage of the parties 10 and to the public to aaalmo tbs operettas of the Youth Center 1 substantially in accordance with the tarsi of the agreement now 1211 ixt 0SUtfteei &M 13 WNKRW9 am agreement has boon prepared and approved by 14 the Board of Direaters of the Camunity Jouth Center and the Board 15 I Of ow Swrort Beach School District and is satisfactory to the 161. Cityl 17 ' $OWs, TW=FMq U IT RUMUD tkat the agreament JA herebY approved MW the Mayor and City Clark be &W are hereby authorized and directed to execute the sere oa behalf of the City. to 20 21 22 ADOPM this Sth day of . 1961. J7, 20; 24 GUY Clerk 26 27 281 2g 30 K 32