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.
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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 .
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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
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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.
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Vice - mayor
ATTEST':
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�THS� ` em
5y1 �66 (8) , 1b
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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
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license to Youth Center, both of said parcels lying northerly of
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Fifth Avenue between Goldenrod Avenue, Harbor View Elementary
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School, and the northerly extension of Jasmine Avenue; and
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WHEREAS, Youth Center has constructed various improve -
25 �
ments on the school property including a Youth Center Building,
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a food concession building, a combination restroom- storage buildin
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two Boy Scout Buildings, a baseball diamond with lighting facil-
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ities, a basketball court, two backboards, a chain link fence, a
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water sprinkler system, playground apparatus for small children,
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and other miscellaneous recreational facilities; and
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WHEREAS, Youth Center has also constructed recreational
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facilities on the City -owned property, including tennis courts
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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
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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
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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
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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.
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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.
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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.
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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
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