HomeMy WebLinkAboutC-1370 - Library facilities at Eastbluff0
CITY OF NEWPORT BEACH
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. C-1370
Description of Contract
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE July 7, 1971
Festbluff Library Facilities at Eastbluff
Authorized by Resolution No. R -7456 , adopted on Juno 28, 1971
Effective date of Contract July 10 1671
Contract with Newport Mesa Unified Sdiool District
Address Notport Beach
A count of Contract
$1.00
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-city Clerk
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City Clerk
July Z. 1971
Acting City Attorney
City Clerk
Library Facilities, EastbUff Elementary School
Attached are four copies of a lease agreement between the City and the
Newport -Mesa Unified School District for library facilities at Eastbluff
Elementary School for transmittal to the appropriate parties. We have
retained the original for our file.
LL:dg
Att-.
cc: Library
LAURA LAGIOS. City Clerk
By:
Deputy
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ORIGINAL
• RESOf[ON' 33 -6 -71
RESOLUTION OF THE BOARD OF EDUCATION OF
NEWPORT -IIESA UNIFIED SCHOOL DISTRICT OF
ORANGE COUNTY, CALIFORNIA
June 1 1971
On motion of Member Strauss , duly seconded and carried, the
following Resolution was adopted;
WHEREAS, this District has certain facilities at the Eastbluff
Elementary School which will not be needed for school purposes during
the period July 1, 1971 to and including August 13, 1971; and
WHEREAS, the City of Newport Beach desires to lease said
facilities to provide library service to the residents of the area
during said period; and.
WHEREAS, the terms of said lease, are set forth in an Agreement
attached hereto and made a part hereof by reference as if set out in
full herein; and
WHEREAS, the City of Newport Beach has agreed to pay the cost of
publishing this Resolution in a newspaper published in the District; and
WHEREAS, authority is provided in the Education Code of the State
of California, commencing with Section 16201, for entering into such
1 an agreement on the terms attached hereto;.
NOW, THEREFORE, BE IT RESOLVED that this Board authorizes the
leasing of the aforedescribed facility to the City of Newport. Beach
23 for the aforedescribed purpose.
24 K IT FURTHER RESOLVED that th -s Resolution shall Fe put'lisaed
25 in a newspaper published in the District at least once a week for
26 three weeks prior to the execution of the Lease by the representative
27 of this Board.
28. BE IT FURTHER RESOLVED that the Secretary of this.Board be and
29 is hereby authorized at the expiration of said period to execute the
30 Lease Agreement on behalf of this Board.
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STATE OF CALIFORNIA
� ss.
COMITY OF ORANGE
I, Thomas C. Casey , Clerk of the Board of Education
of the Newport -Mesa Unified
School District of Orange County, California, hereby certify that the
above and fcr-egoing Resolution was d_-ly and regularly adopted by the
said Board at a Regular meeting thereof held on the
1st day of June , 1971, and passed by a
unanimous vote of said Board.
IN WITNESS WHEREOF, I have hereunto set my hand -and seal this
1st day of June , 19:72:;
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2.
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1 LEASE AGREEMENT
2
3 THIS AGREEMENT, made and entered into this let day of July,
4 1971, by and between the NEWPORT -MESA UNIFIED SCHOOL DISTRICT, as
5 Lessor, hereinafter called "DISTRICT ", and the CITY OF NEWPORT BEACH,
6 of Orange County, California, as "LESSEE ", hereinafter called "CITY ":
7 WHEREAS, DISTRICT has certain facilities known as the Eastbluff
8 Elementary School located at 2627 Vista Del Oro, Newport Beach, which
9 will not be needed for school purposes during the period covered by this
10 Lease; and
it WHEREAS, CITY desires to operate a branch of the city library at
12 said school location for the period covered by this Lease in facilities
13 therein which are suitable for this purpose, in order to better serve
14 the residents of the area; and
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�T. WHEREAS, authority for such a lease is found in Education Code
070
X016 Sections 16201, et seq;
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18 WITNESSETH:
19 1. That DISTRICT leases to CITY, and CITY hereby hires from
20 DISTRICT, that property described as the existing library located in
21 the Eastbluff Elementary School, 2627 Vista Del Oro, Newport Beach.'
22 2: That this Lease shall be for a period of six weeks, more or
23 less, commencing on or about the 1st of July, 1971, and ending on or
24 about the 13th day of August, 1971. CITY agrees to pay to DISTRICT,
25 and DISTRICT agrees to accept for payment for hire of the property
26 described above, the total Lease sum of ONE aid ■q/1
27 Dollars 00 1' a able
($ ), p y prior to the
28 commencement of the Lease.
29 3. CITY, through its library, agrees to furnish, staff, and
30 operate a branch of the city library at said location at no cost to
31 DISTRICT other than is stated hereafter.
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4. DISTRICT shall perform all custodial work and maintenance work
as may be necessary to keep the facilities clean and habitable for the
purposes intended by this Lease. DISTRICT shall have obligation to
clean said facilities Monday through Friday.
5. CITY shall keep the library open six days a week, at hours
established by the Librarian, for eight hours per day.
6. DISTRICT shall provide at its cost and expense utility
services for said facilities.
7. CITY agrees that the said property will be used by CITY
for the ordinary and usual work intended for it by CITY, to wit, a
library. It is further stated and agreed, subject to the other terms
of this A�, P=gi t, that CITY shall )e liable 'tbv;..,`nd pay and satisfy,
ever-5s'cllaaim and liability arising 4gainst said property as a result of
any act or omission of CITY, or arising as a result of the use or
occupancy of said property by CITY, its officers or employees. CITY
further agrees to hold DISTRICT Iarmless and to defend it against
negligent use of said property b7 CITY or its employees; provided,
however, CITY shall have no duty to protect DISTRICT from claims,
liability or damages occurring as a result of defective condition of
the property which is the subject. of this Lease.
8. CITY acknowledges receipt of an exact copy of this Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunder set their
hands and seals on the day and year first above written.
c
CERTIFIED AS THE ORIGINAL A JD
CERTIFIED AS TO PUBLICATICN
DATE ._.
TYCj_
NEWPORT- MS4/UUUIED SCHOOL DISTRICT
"LESSOR"
CITY OF NEW`P�ORT BEACH
By 1. . t"*
"LESSEE"
2.
RESOLUTION NO. 7456
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
A LEASE AGREEMENT BETWEEN THE CITY OF NEWPORT
BEACH AND THE NEWPORT -MESA UNIFIED SCHOOL
DISTRICT FOR LIBRARY FACILITIES AT EASTBLUFF
ELEMENTARY SCHOOL
WHEREAS, the Newport -Mesa Unified School District has
certain facilities at the Eastbluff Elementary School which will
not be needed for school purposes during the period from July 1,
1971, to and including August 13, 1971; and
WHEREAS, the City of Newport Beach believes it to be
desirable to lease said facilities to provide library services
to the residents of the area during said period; and
WHEREAS; authority for such a lease is found in the
Education Code Section 16201, et. seq., the provisions of which
have been fully complied with; and
WHEREAS, the City Council has considered the terms and
conditions of said lease agreement and found them to be fair and
equitable;
NOW, THEREFORE, BE IT RESOLVED that said lease
agreement for the library facilities above described is approved
and the Mayor and City Clerk are hereby authorized and directed
to execute the same on behalf of the City of Newport Beach.
ADOPTED this 28th day of June, 1971.
Mayor
ATTEST:
City Clerk
DO'N:adw
6/18/71
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