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Home My WebLink AboutC-1691 - Agreement to lease Parks, Beaches & Recreation building - 1714 West Balboa Boulevarda4 1981 TO: FROM: SUBJECT: CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER August 31, 1981 MAYOR AND CITY COUNCIL City Manager COUNCIL AGENDA No. F -10 (BA 028) NECESSARY REFURBISHMENT OF THE FORMER VOLUNTARY ACTION CENTER HEADQUARTERS, 1714 WEST BALBOA BOULEVARD The City Council, on August 24, 1981, approved a staff recommendation for joint occupation of the former Voluntary Action Center (VAC) headquarters at 1714 West Balboa Boulevard. The occupants would include the Parks, Beaches and Recreation Department, the Library Department and, to a limited extent, some satellite VAC activities. Additionally, a community meeting room area would be maintained for use at the site. Certain minimum building repairs are necessary at the facility in order to protect public safety and to accommodate long term occupancy. Basically, this necessary renovation consists of repair of the roof structure which contains numerous leaks and is structually unsound. Additionally, the ceiling structure in the women's restroom is in need of repair. Finally, it is recommended that a door be installed to separate the library storage area from the more active uses at the site. Jack Taulane, a well known local contractor who has done work for the City in the past, has submitted the attached proposal to complete the necessary work for $5,210. In order to proceed with implementation of this approved usage of the VAC building, it is recommended that the Council approve Budget Amendment No. BA 028, appropriating funds for the refurbishment and repair. ROBERT L. WYNN CITY MANAGER RLW:GJB:mm attachment Y WAY IS QUALITY HOME REMOWNG PROPOSAL and CONTRACT Date Aumttst 19 1 1931 Mr. Jeff Kolin TO CTC City of Newport Beach Parks and Recreation —3300 Newport Blvd . Telephone 640 -2271 Dear Sir:Newport Beach, Calif. 'We_ propose to furnish all materials and perform all labor necessary to complete the following: JOB SITE-. Voluntary action Center - -1714 W. Balboa Blvd. (See Insert) All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum of Five Thousand Two Hundred Ten and 00/100 Dollars 1$.5.210.00 1 Payments to be made Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning a contractor may be referred to the registrar of the board whose address is: Contractors' State License Board, 1020 N Street, Sacramento, California 95814. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. "NOTICE TO OWNER" (Section 7019 — Contractors License Law) Under the Mechanic( Lien Law, any contractor, s.b.nlraclor, ,borer, materialman or other person who helps to improve your roperty and is not paid for his tabor, services or material, has a ight to enforce his claim against your property. Under the law, you may protect yourself against such claim by ling, before commencing such work of improvement, an original .matt for the work of improvement of a modification thereof, in he once of the county recorder of the county where the property s situated and requiring that a contractors payment bond be recorded n such office. Said bond shall be in an amount not less than fifty rercent (50 %) of the contract price and shall, in addition to any ndirions for the Performance of the contract, be conditioned for he payment in full of the claims of all Persons furnishing labor, set - ces, equipment or materials for the work described in said contram Respectfully submitted, JACK TAULANE & SONS MY WAY IS QUALITY HOME REMODELING 4617 WEST LUCKY WAY SANTA ANA, CALIFORNIA 92704 (714)775 -7881 ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which agree to pay the amount mentioned in said proposal, and according to the terms thereof. ACCEPTED JACK TAULANE If GEN. BLDG. CONTR, Date 19_ State Li.. No. 269072 V;-'� L %-i , " MY WAY IS QUALITY HOME REMODELING 4617 WEST LUCKY WAY, SANTA ANA, CALIFORNIA 92704 (714) 531 -7881 JACK TAU LANE & SONS (INSERT) ROOF 1. Remove existing roof down to the wood, plus all roof edge metal and flashing. 2. Repair wood roof as needed from dry root and water damage. Price will not cover extensive wood damage unforseen. 3. Install new hot mop roof with all new roof edge metals and flashing. Color of stones to conform to surrounding area, (Girls Club) gold light brown. INTERIOR WORK 1. All entry doors to be refitted with new keyed knob sets, all keys to be same. 2. Install door and wall as to divide building in two, with keyed locks of its own, apart from rest of doors. 3• Refinish bathroom ceiling damaged by leaking roof. 4. Repair, as needed, ceiling tiles damaged by leaking roof. Standard white tiles. • . ft °'"CITY OF NEWPORT BEACH ' ; ay 1981 �1j4 %FFICE OF THE CITY MANAGER �Nc" August 3@, 1981 TO: FROM: SUBJECT: Background MAYOR AND CITY COUNCIL CITY MANAGER COUNCIL AGENDA ITEM NO, F -8(a) ID IQ81 VOLUNTARY ACTION CENTER HEADQUARTERS, Ji*t AT 1714 WEST BALBOA BOULEVARD On February 25, 1975 the City entered into a lease agreement with the Voluntary Action Center of South Orange County (VAC) for use of the City -owned building located at 1714 West Balboa Boulevard. A copy of the lease agreement is attached (Att. I). Prior to the execution of this lease, the subject site served as the headquearters of the Parks, Beaches and Recreation Department. As described under Section IV, on page 2 of the lease document, use of the premises by VAC was for referral and similar programs associated with the organizations' community service programs, as well as with the Retired Seniors Volunteer Program (RSVP). The facility also served as the main office for VAC in this area and provided a meeting room for community groups. In recognition of the volunteer, community service status of VAC, the organization was required to pay the City a token rental of $1.00 per year. Utilities and maintenance on the building were included, however, as responsibilities of the lessee. Recently the City was informed by VAC that the organization had located a new main office facility in Santa Ana. However, the organization did express an interest in maintaining some limited referral and secretarial services in the facility. It was indicated that one of the currently occupied areas of the build- ing would suffice for this purpose and that the remainder of the offices and other rooms would be vacated. As of this writing, the majority of VAC activities from the Newport Beach site have been relocated to the new Santa Ana facility. As referenced above, VAC still occupies a small referral and secretarial area. Additionally, Alcoholics Anonymous, which regularly utilized the facility for meetings during VAC's occupancy of the building, continues to meet regularly on Tuesday nights. In light of the current situation, both VAC and City staff believe that a mutual waiver of the 60 days termination notice obligation is in order. Such a waiver will permit immediate re -use of the building for other purposes. 0 6 TO: MAYOR AND CITY COUNCIL - Page Two Proposed Use of the Former VAC Headquarters Attachment 2 is a plot plan of the subject building showing proposed space utilization. In recognition of its important services and in response to the specific request of the organization, it is recommended that VAC be permitted to retain the area marked with the initials "VAC" on the plot plan. Rather than a formal lease agreement, the organization should, in the opinion of the Parks, Beaches and Recreation Director, enter into a standard facilities use agreement with the Department. Attachment 3 is a copy of such an agreement form. VAC would pay a minimal rental fee, based upon a percentage of space and utilities utilized. Addi- tionally, the organization would be responsible for maintaining its area of occupancy. With respect to the remainder of the building, the following uses are suggested: A. Parks, Beaches and Recreation Department It is suggested that the area on the plot plan marked "COMMUNITY MEETINGS" be maintained for use and that jurisdiction for scheduling such meetings be assigned to the Parks, Beaches and Recreation Department. Fees for the use of this room would be in accordance with approved policies and schedules. The area marked "KITCHEN" on the plot plan would be maintained as such, providing an area for making coffee and other refreshments associated with scheduled community meetings. Additionally, it is suggested that the area marked "P, B & R" on the plot plan be made available for programs and classes sponsored by the Department. The Parks, Beaches and Recreation Director indi- cates that this space could be effectively utilized for active classroom and program activities in the area. As in the case of VAC, the P, B & R Depart- ment would be responsible for providing minimum routine maintenance to its areas of occupancy and jurisdiction. It is indicated that these functions could be absorbed by existing staff. It should be emphasized that no staff will be permanently assign- ed to this building and that assignments would be based rather upon the level of program and commun- ity use activity actually experienced. Utilities would be paid by the Department although the total cost would be offset by funds received from commu- nity use fees and the VAC rental payment. 0 6 TO: MAYOR AND CITY COUNCIL - Page Three B. Library Department In March 1981 the Council concurred in a recom- mendation for tripartite use of the former West Newport Library facility at 6000 West Coast High- way. This arrangement involves use of the facility for meetings and other activities sponsored by the Balboa Power Squadron, use by the Friends of the Library for book storage, sorting and related acti- vities and use of the facility by the Library Depart- ment for accommodation of some limited storage needs. At the time the above referenced arrangement was presented to the Council for consideration, it was noted that the West Newport Library facility could not accommodate the long range storage needs of the Library Department and that alternative arrange- ments would eventually need to be made with reference to these needs. The City Librarian has indicated that use of the spaces marked "LIB." on the VAC headquarters plot plan should serve to accommodate remaining storage needs. Items to be stored include, according to the City Librarian, shelving, carpeting, and books, as well as various items of furniture and equipment. Removal of these items from the Newport Center Branch would, it is understood, free up space for Library employees who are currently required to occupy public floor space at the branch. C. Additional Available Space It is suggested that the one additional 12 x 14 foot space marked "AVAIL." on the plot plan remain vacant for the time being. This space could, at some point, be made available for office usage, general City storage needs or other purposes, depending upon future developments. Space is always at a premium and the maintenance of this available space could be of some potential benefit. Necessary Building Repairs Staff has examined the subject facility and has determined that certain minimum building repairs are necessary to protect public health and safety and to accommodate long term occupancy. Basically, this necessary renovation consists of repair of the roof of the structure which contains numerous leaks and is, for the most part, structurally unsound. Additionally, the ceiling structure in the women's restroom is in need of repair. Although a specific cost quotation for this work has not yet been obtained, it is estimated that approximately $3,000 would be required. �J TO: MAYOR AND CITY COUNCIL - Page Four Conclusion Unless the Council has objections, staff will proceed with making the necessary arrangements to implement the usage of the VAC facility as described in this staff report. Once a firm cost quotation is received relative to the necessary building repairs, probably by the time of the next Council meeting, a formal budget amendment will be prepared for consideration. ROBERT L. WYNN City Manager RLW;GJB;mm attachments s • L E A S E ATTACHMENT I THIS LEASE, made and entered into this P-5 H day of 1975, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation, hereinafter referred to as "Lessor ", and the VOLUNTARY ACTION CENTER OF SOUTH ORANGE COUNTY, a California non - profit corporation, hereinafter referred to as "Lessee ": R E C I T A L S: A. Lessor holds -title to the real property and buildings located at 1714 West Balboa Boulevard. B. Lessee is a non - profit corporation organized under the General Non - profit Corporation Law, Title 1, Part 1, Division 2 of the Corporations Code of the State of California, for the principal purpose of promoting, coordinating and programing volunteer organizations of a charitable nature, so that community services may be continuously supplied with capable volunteer workers. C. Lessee has requested that Lessor enter into a lease with Lessee for the above - described property to be used as their main office as well as for the Retired Senior Volunteer Program which is sponsored by Lessee. D. Lessor proposes to lease to Lessee the premises described hereinabove, and Lessee is willing to accept said lease on the terms and conditions hereinafter set forth. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS hereinafter set forth, it is agreed as follows: I. DESCRIPTION OF LEASED PREMISES a Lessor hereby leases, and Lessee does hereby accept a lease of the property and buildings located at 1714 West Balboa Boulevard, Newport Beach, more particularly described as Lots 5 through 11, Block 17, Section B, Newport Beach Tract, as recorded ork in Miscellaneous Maps, Book 4, Page 27, in the Office of the Orange County Recorder. II. TERM The term of this Lease shall be from year to year commencing on the first day of January each year, unless sooner terminated in the manner hereinafter provided. III. RENTAL Lessee shall pay to Lessor, and Lessor shall accept as rental for said demised premises, the sum of One Dollar ($1.00) per year payable on the date this lease is executed and on January 1 of each year thereafter so long as this lease remains in effect. IV. USE Lessee shall use the demised premises, together with the buildings located thereon for the purpose of managing, operating and conducting the activites of the Voluntary Action Center, as well as the Retired Senior Volunteer Program. In and as a part of its duties in managing and operating said Voluntary Action Center, Lessee shall not discriminate as to rare, color, or creed, subject to the normal rules and operating procedures of the Voluntary Action Center. V. USE AS A COMMUNITY CENTER BY OTHER ORGANIZATIONS When the premises and main building are not in use by the Lessee, the premises and main building shall be available for use as a community center and recreation instruction facility by the City Parks, Beaches and Recreation Department on a first - priority basis, and by recognized church, social, cultural, civic, social welfare and youth groups in accordance with reasonable rules, regulations and scheduling to be established by Lessee, with the approval of the City Manager. Lessee is authorized to charge a fee not to exceed Six Dollars ($6.00) per hour to cover utilities, operation and maintenance costs to groups and organiza- tions, other than the City, for use of the premises and building. -2- 0 i VI. TYPE OF BUSINESS ACTIVITY Lessee shall not grant any concession, license, permit or privilege for the conduct of any business or other operation for profit or alter the use or type of service on the demised premises without the prior approval of the City Manager. VII. SUPERVISORY CONTROL Lessor retains the power to exercise supervisory control over the use and operation of the leased premises by Lessee, with the right to enforce such rules, regulations and orders as may be necessary in order to obtain compliance by Lessee with the terms and conditions contained herein. Lessee agrees to comply with any such rules, regulations or orders. Any breach by Lessee of the terms and conditions of this lease shall constitute grounds for termination. VIII. UTILITIES AND MAINTENANCE Lessee shall promptly pay for all utility services furnished to it, such as gas, telephone and electricity, as well as provide for the day -to -day maintenance and repair of the buildings, such as replacing light bulbs, broken windows and paper towels. Maintenance shall include providing custodial services. IX. INSURANCE - HOLD HARMLESS Lessee shall save and keep Lessor, its officers, agents and employees free and harmless from any and all claims or demands of any name or nature whatsoever arising out of, or incident to, the use and occupancy of the premises herein described by Lessee. In partial performance of this obligation by Lessee, Lessee shall procure and at all times during the term of this Lease maintain in full force and effect a policy, or policies, of public liability and property damage insurance protecting the City of Newport Beach, its officers, agents and employees from all claims or demands for damages. The policy, or policies, shall provide for not less than Two Hundred Thousand Dollars ($200,000.00) for injury or death of one person; Five Hundred Thousand Dollars ($500,000.00) for injury or death of two or more persons; and Fifty Thousand Dollars ($50,000.00) for damages to property. The City Manager may require an increase in the amount of insurance from time to time in accordance with changes in economic conditions. Attached to said -3- f� policy shall be an endorsement which shall provide as follows: "Within the limits set forth in this policy, to indemnify and save the City of Newport Beach, its officers, agents and employees, free and harmless from all damage, claim, loss or liability of any name or nature whatsoever which the City of Newport Beach, its officers, agents or employees may hereafter sustain or incur, or may be imposed upon them, arising out of, or in any way connected with, the use or occupancy by the insured, its servants, agents and employees, of the premises described in a lease granted to insured by the City of Newport Beach." Lessee shall furnish, and maintain with the Lessor, either i the original policy, or policies, or a certified copy, or copies, thereof. The policy, or policies, shall be approved as to sufficiency by the City Manager and as to form by the City Attorney. X. LESSOR'S RIGHT OF INSPECTION Lessor reserves the right by its authorized agents, employees or representatives.to enter the leased premises to inspect the same or any part thereof at any time and to attend to or protect the Lessor's interest under this lease. XI. COMPLIANCE WITH LAWS Lessee convenants and agrees to comply with all rules, regulations, statutes, ordinances and laws of the State of California, I County of Orange, the City of Newport Beach or any other governmental body or agency having lawful jurisdiction over the leased premises or the business, enterprises or activites conducted thereon. XII. ASSIGNMENT Lessee shall not assign, transfer, sublease or give any grant of control of this Lease or demised premises, or any part thereof, either voluntarily or involuntarily, unless firsC approved by the City Council. XIII. NON- COMPLIANCE If the Lessee fails to comply with any of the terms and conditions of this Lease, the Lessor may give to the Lessee a -4- notice in writing of such failure and specify therein the particu- lars in which Lessee has failed to comply with the provisions of this Lease. If the Lessee fails for a period of ten (10) days after the giving of such notice to comply with the provisions of this Lease, the Lessor may, at its option, terminate this Lease, and all rights of the Lessee therein shall cease and terminate and the Lessee shall immediately thereafter deliver possession of the premises to the Lessor. XIV. SURRENDER OF PREMISES UPON EXPIRATION OR TERMINATION Upon the expiration of the term of this Lease or sooner termination thereof as herein provided, Lessee shall deliver possession of said demised premises to Lessor in the same condition as delivered to Lessee, reasonable wear and tear excepted, and also excepting any changes or alterations authorized or approved in writing by the City Manager or City Council. Upon the expiration or termination of this Lease, any additions or improvements made upon the demised premises shall become the property of the Lessor unless removed in their entirety by Lessee within ninety (90) days of said expiration or termination. XV. DEAFULT AND TERMINATION OF LEASE A. Default Time and each of the terms, covenants and conditions hereof are expressly made the essence of this Lease. If the Lessee shall fail to comply with any of the terms, covenants, or conditions of this Lease, including the payment of rental herein reserved, at the time and in the amount herein required, and shall fail to remedy such default within thirty (30) days after service of a written notice from Lessor so to do if the default may be cured by the payment of money,.,or to commence in good faith to remedy any other default within thirty (30) days and thereafter diligently prosecute the same to completion, or if Lessee shall abandon or vacate the leased premises, Lessor may, at its option, and without further notice or demand, terminate -5- t this Lease and enter upon the leased premises and take possession thereof, and remove any and all persons therefrom with or without process of law. B. Termination Lessor and Lessee each respectively reserves the right to terminate this Lease for any reason and at any time by giving the other party sixty (60) days prior written notice of its intention to terminate. C. Surrender of Possession Uoon Termination Lessee covenants and agrees that upon the expiration or sooner termination of this Lease, the Lessee will peaceably surrender the leased premises with all buildings and improvements, in the same condition as when received or constructed, reasonable use and wear thereof, and damage by fire, Act of God, or by the elements excepted. Lessee expressly waives any right which it may have to relocation assistance or costs in vacating the demised premises. Any improvements built, constructed or placed upon the leased premises by the Lessee, or anyone holding by, under, or through it, shall remain on the leased premises and become the property of the Lessor without any cost to Lessor upon the termination of this Lease, whether by lapse of time or by reason of default, unless the Lessee elects to remove said improve- ments within sixty (60) days following said expiration or termination. D. Remedies Cumulative The rights, powers, elections and remedies of the Lessor contained in this Lease shall be construed as cumulative and no one of them shall be considered exclusive of the other or exclusive of any rights or remedies allowed by law, and the exercise of one or more rights, powers, elections or remedies shall not impair or be deemed a waiver of Lessor's right to exercise any other. z E. No Waiver No delay or omission of the Lessor to exercise any right or power arising from any omission, neglect or default of OM • 0( the Lessee shall impair any such right or power or shall be I construed as a waiver of any such omission, neglect or default on the part of the Lessee or any acquiescence therein. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or of any of the terms, covenants, agreements, restrictions or conditions of this Lease. F. Holding Over It is mutually agreed that if the Lessee shall hold over after the expiration of this Lease for any cause, such holding over shall be deemed a tenancy from month to month only, and upon the same terms, conditions and provisions of this Lease. XVI. NOTICES It is mutually agreed that any notice or notices provided for by this Lease or by law, to be given or served upon the Lessee, may be given or served by mail, registered or certified, with postage prepaid, and if intended for the City of Newport Beach, addressed to the City Manager, Newport Beach, California 92660, or at such other address as may be hereafter furnished to the Lessee in writing, and if intended for the Lessee, addressed to its Director, at 1714 West Balboa Blvd., Newport Beach, California, 92660 or at such other address as may be hereafter furnished to the Lessee in writing; or it may be served personally upon any corporate officer of Lessee or person charged with general management responsibilities in connection with the leased premises; and that any notice or notices provided by this Lease or by law to be served upon Lessor may be served personally upon the Mayor of the City of Newport Beach or the City Clerk of said City. Such service shall be deemed complete at the expiration of forty -eight (48) hours from and after the deposit in the United States mail of such notice, demand or communication. IN WITNESS WHEREOF, the parties hereto have executed -7- this Lease as of the day and year first above written. APPROVED AS TO FORM: ity Attorney CITY OF NEWPORT BEACH ATTEST: By: City Clerk LESSOR VOLUNTARY ACTION CENTER OF SOUTH ORANGE COUNTY By: Az 'C.:.4 President/ �— By: Secretary LESSEE r APPROVED AS TO FORM: ity Attorney CITY OF NEWPORT BEACH ATTEST: By: City Clerk LESSOR VOLUNTARY ACTION CENTER OF SOUTH ORANGE COUNTY By: Az 'C.:.4 President/ �— By: Secretary LESSEE I I I I �li 33 �i i N Z 61 ATTACHMENT 2 -A �il/ �W Q W I. Z 61 ATTACHMENT 2 -A �il/ W ATTACHMENT 3 CITY OF NEWPORT BEACH PARKS. BEACHES & RECREATION DEPARTMENT 3300 NEWPORT BLVD. w' (714) 640 NFWPORT BEACH. CALIFORNIA 9266:. CONTRACT N U This reservation ounluaCl is .5$L8d In accordance with the policies outlined on the reverse side as established by the City Council, Parks, Beaches & Recreation Commission, and Parks, Beaches & Recreation Department. Pleaseaddany necessary additional information. ALL reservation forms must be signed and returned along with fees and deposits before consideration of use approval. SUBMISSION OF RESERVATION REQUEST DOES NOT CONST / TUTE APPROVAL. Your copy will be returned to you alter approval or denial. Reservations require a minimum of five working days to process. Processed by .... ...... .._._ _.. Time__ .. ......_. _ . ._ ..._.._. _...._ .... —_. Date .. —_. _._ Organization —_ -- PresldentlChairman __.._ _.— __— .__._._ __ .--- .____ —.. Phone __ —._... ... ._ ... Address .— - - - - -- Reservation Issued To: Address _ Title Driver's Lic. No Phone Number: Residence ___ ___.__ —. Business Area to be Reserved __.___.. —_,._ — Start Reservation Dates) ..._ —_— Time(s) am/pm to amlpm Purpose of Meeting Percent Organization Members Live in City - -_ % Estimated Attendance — _...— _._..... Open to Public? Yes _._. No Is Facility to be used for money raising? Yes _ No_—_____ If Yes, what will the net proceeds be used for? __ -- Check if a catering service will be used Alcoholic beverages are prohibited and shall not be permitted in oron any municipal facilities operated by the Parks, Beaches & Recreation Department, except wine may be served for special occasions when requested and approved in writing by the Parks, Beaches & Recreation Director, 'IF ALCOHOLIC BEVERAGES ARE TO BE SERVED, READ THE FOLLOWING STATEMENTS: ALCOHOLIC BEVERAGES WILL: (1) be limited only to participants in this group; (2) not be served to anyone under the age of 21 years. IF ANY ONE, OR MORE, OF THE ABOVE STATEMENTS IS NOT COMPLIED WITH, THE PARKS, BEACHES & RECREATION DEPARTMENT EMPLOYEE IN CHARGE WILL REQUEST THE GROUP TO DISCONTINUE SERVING, AND /OR ASK MEMBER(S) OF THE GROUP TO LEAVE THE AREA. FAILURE TO COMPLY MAY REQUIRE POLICE ACTION. I, the undersigned, have read the above statements and understand them fully. Signature .. .._........_... __.... __ __. Title .._ Date Director's Approval._._._ —..______ Comments: _ _.. ... ..._.___._. EQUIPMENT: ___ .__...____. ..... _._...__._ —._ FACILITIES REQUESTED: _ Banquet Tables ... _... ....___.._. .. Card Tables _._ _ Oasis: MP Room _ ,. Class Room d..�..._.._..._____ Podium ... ........ _ ._.,._ ._..__— _.._.......... Kitchen Portable Screen .. ....__ _.. _. Chairs TAC: Theatre Room 02 P.A. System ...... .. .._ .. _..._..— ___._ Room p3 Kitchen 16mm Movie Projector. . ...... _ _.._ _..__._._...__. CYC: Coffee Maker(s) Large _....._...___ _..... Small _.._... Mariners: Portable Screen .. ....__ _.. _. .... . —.._ ...._.. _. _._.. _.. —... Council Chambers: _ —...__ .. Annex: Lecturn P.A. System_..__._____._.. _. _._. __...____._.________ FIELD( S)—_.__— __..._._.__...___— ._..__...... Piano ..... _. _......__. —... __. ..__. ..— ........ Lights _.. ...__. Bases _....__._.._____. Lined Other ._.. .... _. .___. _.. _ .... ... ......_...__. School facilities Other (Office Use Only) P.B. & R. STAFF HOURS *Fee Required: Yes ..... _...._. No ... _...... AMOUNT SET-UPTTAKE DOWN Room Rental: __..._ $ _ Equipment Rental; ..____ $ __ EXCESSIVE CLEANING Field(s): ... __._.__. _.— _.._..... ....,.. $ ___.. OTHER _._...__ Lights:.... _.. $....— _.__..-- _____. Set-Up: TOTAL HOURS _.._... _... Custodial: .. .. .. .. $ _. _.. —_.. - O.T. _. -. Hrs. Est. Attend. Security Leadership: .. ... $ ._ ..... .. ......._._ Other ... .. _ ._ ..... .. $ ....,._.__.. .. Fees to Finance: Date ... ..... ..... ------- — .__Amount- Alcoholic Beverage Deposit $...- .__...... .._._._...— Refund Requested: Date _ ----- ..._— Amount _.... Cleaning Deposit $ Key Deposit $ ... _...._.___ FeeslDeposit Receipt Number TOTAL FEES $ NOTE: Please explain in detail below any pertinent information. (Special arrangements and /or multiple dates required, etc.) Hrs. Hrs. _.. Hrs. Hrs. I, the undersigned, on behalf of the above named organization, do hereby agree to indemnity and hold harmless the Director, Parks, Beaches & Recrea- tion Department, its personnel, the City of Newport Beach, the Newport Mesa Unified School District, and any of their officers, agents, or employees from any liability or claim or action for damages resulting from or in any way arising out of the use of the facility or equipment and will agree to abide and enforce the Rules. Regulations and Policies governing the facility as set forth by the City Council, Parks, Beaches & Recreation Commission and Parks. Beaches & Recreation Department. Said organization will accept all responsibility for any damage to premises, furniture, equipment. or grounds resulting from use of facility. IN THE EVENT OF A FACILITY CANCELLATION BY THE GROUP /PERSON, A $25.00 CHARGE WILL BE DEDUCTED FROM DEPOSIT MONIES COLLECTED, IF NOT REQUESTED IN WRITING A MINIMUM OF 72 HOURS BEFORE THE RENTAL DATE, the undersigned. have read the above statements and the general regulations on the reverse side of this contract, and understand them fuhy Signed: (Person Making Reservation) ..... ___... ...__ Date:_ Approved: ... __. .... __. __... _Date: 'ANY EXCEPTIONS TO THE ABOVE POLICIES WILL BE REFERRED TO THE DIRECTOR OF PARKS, BEACHES & RECREATION. Whnu Apolicani Canary — 0111" ACORD 25 (1-79) NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVER QUINLAN INSURANCE, INC. C. _'MPANY A „ P.O. BOX 2520 NEWPORT BEACH CA 92660 "'TER NA COMPANY B LETTER l.' L. �,;' t "'—• / NAME AND ADDRESS OF INSURED —, C —1 �� r y ,' VOLUNTARY ACTION CENTER OF LETT" ER L �o, COMPANY SOUTH ORANGE_ COUNTY , ETAL 1714 WEST BALEIOA BLVD, LerTER�' COMPANY E NEWPORT BEACH, CA 92663 LETTER This is to certify that policies of Insurance listed below have been issued to the insured named above and are m force at this time. Notwithstanding any requirement, term or condition IT! any contract or other document with respect to which this certificate may be issued or may pertain, the irsurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. ! Limits of Liability in Thousands ( -) _ COMPANY LEI rtR 1 I TYPE OF INSURANCE PO_!CJ.NOMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY- - -_ - -- ^_ - — BOUILYINJURY $ 3 A OAC4090839 3/3/81 PROPERTY DAMAGE $ s FXILO =ION AND COLLAP55 i UNDERGROUND HAZARD -- - PP000CTS-COMPLETEC OPERATIONS HAZARD SODtLY)NJURY AND C0NTRACTl14L INSORAICE I PROPERTY DAMAGE $ S SROAD FORM PROPFRTY ( COMBINED 1,000. 1 , O00. �® C"MACE I ❑ INDEPE " :OFN- CGNTRAC tORS PERSONA! NJURY $ ❑ PERSONA! INJURY - AUTOMOBILE LIABILITY BODILY INJURY $ E:] COMPREHE k OR'n (EACH PERSON) BODILY INJURY $ ElOWNED (EACH ACCIDENT) OWNED PROPERTY DAMAGE $ A � HIeED OAC4090839 3/3/81 BODILY INJURY AND _ J� EJ NGN G'NNED PROPERTY DAMAGE $ COMBINED 1.000. EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ b ❑ OTHER THAN UMRRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and EMPLOYERS' LIABILITY $ :E4» PCCIOL�TI' OTHER —_ — -J- —' -- j DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _.'in days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. .NAME AND ADDRESS OF CERTIFICATE HOLDER DATE ISSUED: 3/6/80 SA CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. ' NEWPORT BEACH, CA 92663 ATTN: CITY CLERK AUTATIRIZED REPRESENTATIVE ACORD 25 (1-79) ACORD 25 (1 -79) COMPANIES AFFORDING COVERAGES QUINLAN INSURANCE, INC. c oMPnrav A A P.O. BOX 2520 NEWPORT BEACH, CA 92660 LL"ER CONTINENTAL CASUALTY COMPANY P LETTER v NAME AND ADDRESS OF INSURED VOLUNTARY ACTION CENTER OF COMPANY LETTER SOUTH ORANGE COUNTY, ET AL 1714 WEST BALBOA BLVD. ETTERNY D NEWPORT BEACH, CA 92663 M E COPANY LE T TER L 'Inis is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits of Liability in Ehousands(0 0) COMPAD' LETTEP TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ � >_Jy WMMRLt;LNaIVB,i URM ® PREMISES — OPERATIONS PROPERTY DAMAGE $ $ EXPLOSION AND COLLAPSE HAZARD A UNDERGROUND HAZARD ❑ PRODUCTS /COMPLETED OAC4090839 3/3/81 OPERATION' HAZARD ❑ BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ® BROAD FORM PROPERTY COMBINED DAMAGE ❑ 1,000. 1,000. INDEPENDENT CONTRACTOR' PERSONAL INJURY $ ❑ PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY $ ❑ COMPRLHENSNE FORM (EACH PERSON) BODILY INJURY $ ❑ (EACH ACCIDENT) OWNED PROPERIYDAMAGE $ A ❑ HIRED OAC4090839 3/3/81 BODILY INJURY AND NCNC \'dNED PROPERTY DAMAGE $ COMBINED 1,0 00* EXCESS LIABILITY _ BODILY INJURY AND F-1 UMBRELLA FORM PROPEH!Y DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED ORM. STATUTORY _ WORKERS'COMPENSATION and EMPLOYERS' LIABILITY $ OTHER DESCRIPTION Of OPERATIONS /LOCATIONSNEHICLES CERTIFICATE HOLDER NAMED AS ADDITIONAL ISURED AS TFEIR INTEREST MAY APPEAR. 'S Cancellation: Should any of the above described policies be cancelled before the expiration date th f, the�6 1 hom- pany will endeavor to mall_ days written notice to the below named certjfiC t oldgr, but ?FaiR3t�Y4 mail such notice shall impose no obligation or liability of any kind upon the company.' REISSUE NAME AND ADDRESS OF CERTIFICATE HOLDER. V� ATTN: CITY CLERK DATE ISSUE0:3 12/80 SA \- CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 AUTC15RIZED REPRESENt0.TrvE " ACORD 25 (1 -79) NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES QRNLAN INSUZANCE. INC. - , ... .:., P.O. SM 2520 A j .. , .... _ {TTERNY �(fIaBilM. CA8UM.TY tOIPAP(11 OEIIPOR`T BEAT CA 92660 -� COMPANY B LETTER NAME AND ADDRESS OF INSURED A COMPANY ■ - LETTER V VOLUNTARY i CENTER OF L�MAtCTlO SOM ORANW COUNTY, ET'AL .. .... . COMPANYy .. 1714 WEST BALBOA BLVD.* ,LETTER NEWMT BEACH, CA 92663 r COMPANY .L LETTER.. This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits of Liability in Thousands G) COMPANY LETTER IYPE C''INSURANCE POLICY NUMBFF POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE' GENERAL LIABILITY BODILY INJURY $ $ y T I COMPREHENSIVE FORM , A PREMISES- OPERATIONS OAC4091l 3/3/80 PROPERTY DAMAGE $ $ ❑ LXPLOSION AND COLLAPSE HAZARD ❑ UNOERGROUNO HAZARD P M OPERATIONS _ HAZARD BODILY INJURY AND ,I' 0 CONTRACTUAL INSURANCF PROPERTY DAMAGE $1.000, $1,0009 ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS PERSONAL INJURY $ S ❑ PLRSONA; INJURY AUTOMOBILE LIABILITY BODILY INJURY $ ❑ COMPRf HEN9VE CORM (EACH PERSON, BODILY INJURY $ ❑ (EACH ACCIDENT) O�V.NED PROPERTY DAMAGE $ ❑ HIRED 4 BODLY INJURY AND ❑NON9ViNEC PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRE!LA FORM PROPERTY DAMAGE $ $ OTHERTHAN UMBRELLA FORM COMBINED WORKERS' COMPENSATION slot uTORY and EMPLOYERS' LIABILITY $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mall __3a days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIRCAIF HOLDER: 12/20 �9 OR DALE ISSUED: CITY OF NEIIPORT OEM 3300 NEWPORT BLVD. NEMPQtT BEACH, CA 92663 ATIVE ATTN: CITY CLERK IACORD 25 (1-79) (! ( 11 661121� & (_c � 7% �..Ct s /moo L*�` .. — — c1cor NAME AND ADDRESS OF AGENCY • QUINLAN INSURANCE, INC. P.O. BOX 2520 NEWPORT BEACH, CA 92660 NAME AND ADDRESS OF INSURED VOLUNTARY ACTION CENTER OF SOUTH ORANGE COUNTY, ETAL 1714 WEST BALBOA BLVD. NEWPORT BEACH, CA 92663 This is to certify that policies of insurance listed below have been issued of any contract or other document with respect to which this certifical terms, exclusions and conditions of such policies. COMPANY LETTER TYPE OF INSURANCE POLICY IN GENERAL LIABILITY $ COMBINED ® COMPREHENSIVE FORM A X❑ PREMISES — OPERATIONS OAC4090839 ❑EXPLOSION AND COL IAPSE HAZARD ❑ UNDERGROUND HWARG ❑ PRODUCTSICOMPLETED OPERATIONS HAZARD ❑ CONTRACTUAL INSURANCE ❑ BROAD FORM PROPERTY DAMAGE E3 INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY AUTOMOBILE LIABILITY ❑ COMPREHENSIVE FORM Cl DINNED ❑ n!RED ❑ NON OWNED EXCESS LIABILITY ❑ UMBRELLA FOAM ❑ OTHER THAN UMBRELLA FORM. and EMPLOYERS'LIABILITY OTHER i I .DESCRIPTION OF OPERATIONS /LOCATIONS,v EHICLES COMPANIES AFFORDING COVERAGES COMPANY LETTER A CONTINENTAL CASUALTY COMPANY � COMPANY O LETTER /off COMPANY ■ LETTER V COMPANY Di- LFTTER COMPANY E LETTER the insured named above and are in force at this time. Notwithstandi . may be issued or may pertain, the insurance afforded by the policies POLICY Limits of Li ABER EXPIRATION pAiE fjr n._,• DEC 2G lo7o 5: i�FJPpP„ Ri4CH, 3/3/80 BODILY INJURY s PROPERTY DAM ACE $ herein is subject to all the AGGREGATE $ b BODILY INJURY AND PROPERTY DAMAGE s 1,000, $ 1,000, ,,OMBINED PERSONAL INJURY BODILY INJURY $ (EACH PERSON) BODILY INJURY $ (EACH ACCIDENT) PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE $ COMBINED BODILY INJURY AND PROPERTY DAMAGE $ COMBINED STATUTORY S b b Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF GERJ n ICAT F HOL DER: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 ATTNs CITY CLERK ACORD 25 (1.79) DATE 12/20/79 DR UNITED PACIFIC�RELIE _ INSURANCE COMPANIES United Pacific Head Office: Tacoma, Washington 1* 0 CERTIFICATE OF INSURANCE ;7-//6 This is to certify that the following policy of insurance, covering as stated, has been issued by the UNITED PACIFIC INSURANCE COMPANY of Tacoma, Washington, and is in force as indicated: This Certificate No. 6 is evidence of Policy No. LP 3 07 48 75 , and is effective 4 -10 -75 and ear) expires 10 -14- at the hour designated in said policy, issued to (Month -Day - Y (Month -De yYear) VOLUNTARY ACTION CENTER (Name of Insured) by the UNITED PAC IF IC INSURANCE COMPANY. ADDITIONAL INTERESTS (Only items morked rX'' are affected by this endorsement.) It is agreed that in consideration of a premium of $ AT AUDIT (Enter amount -m 'included', 'charged', 'to be determined by audit', etc.) I. The below name is (are) included as an K] additional insured: 0 named insured: (see note below)' CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS AND EMPLOYEES. 2. But only as respects the following: SUBJECT OF INSURANCE COVERAGES AMOUNT OR LIMIT 1714 W. BALBOA BOULEVARD BODILY INJURY $200,000. EACH PERSON NEWPORT BEACH, CALIFORNIA $500,000. EACH OCCURRENCE PROPERTY DAMAGE $50,000. EACH OCCURRENCE -u Owned by CITY OF NEWPORT BEACH (Enter name -or 'him', 'them , 'it') 3. While: CC Maintained or used by VOLUNTARY ACTION CENTER, A NON - PROFIT CORPORATION _ (Enter name -or him','them','it') THE PO PROVIDES UNDER THE INSURING AGREEMENTS, CONTRACTUAL LIABILITY COVERAGE WITH RESPECT TO ANY CONTRACT OR AGREEMENT WHOLLY IN WRITING. SUCH CONTRACTUAL COVER- AGE LS SUBJECT TO ALL THE EXCLLSIONS, CONDITIONS, AND OTHER PROVISIONS OF THE POLICY. DWby 4 -25 -75 'Note: The insurance afforded herein of more than one insui ML -1062 ED, 2/74 RECEIVED CITY CLERK MAY 7 19752w CITY OF NEWPORT BEACH, . CALIF. cn, i to each insured against whom claim is made or suit is brought, but the inclusion `tthh�pe limits of the company's liability. .)\ ✓ / PRESIDE Countersigned by. 6UTHORQEa REPRESENT.TNE jay &' r0 (3, c- *jb *a r zr �� CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE February 27, 1975 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1691 Description of Contract Agreement with the Voluntary Action Center of South orange oiui yy for Leasing f5w Aeacquarteis Utldbig Authorized by Resolution No. 8444 adopted on February 24, 1975 Effective date of Contract February 25, 1975 Contract with Voluntary Action Center of South Orange County Address 207 Avocado Costa Mesa, CA 92627 Amount of Contract See Contract w , ity C lerk Attachment February 27, 1975 Calvin Stewart, Director Parks, Beaches and Recreation Agreement with the Voluntary Action Center of South Orange County for leasing the PBO Headquarters Building C-1691 Enclosed are two fully executed copies of subject agreement. Please trans- mit one copy to the Voluntary Action Center organization and retain a copy for your files. Said agreement was authorized by the City Council on February 24, 1975 by the adoption of Resolution No. 8444. Laura Lagios, CMC City Clark LL.cbp Enclosures (2) City Council Agenda Item No. F -2 L E A S E THIS LEASE, made and entered into this ,25 TW day of 1975, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation, hereinafter referred to as "Lessor ", and the VOLUNTARY ACTION CENTER OF SOUTH ORANGE COUNTY, a California non - profit corporation, hereinafter referred to as "Lessee ": R E C I T A L S: A. Lessor holds title to the real property and buildings located at 1714 West Balboa Boulevard. B. Lessee is a non - profit corporation organized under the General Non - profit Corporation Law, Title 1, Part 1, Division 2 of the Corporations Code of the State of California, for the principal purpose of promoting, coordinating and programing volunteer organizations of a charitable nature, so that community services may be continuously supplied with capable volunteer workers. C. Lessee has requested that Lessor enter into a lease with Lessee for the above - described property to be used as their main office as well as for the Retired Senior Volunteer Program which is sponsored by Lessee. D. Lessor proposes to lease to Lessee the premises described hereinabove, and Lessee is willing to accept said lease on the terms and conditions hereinafter set forth. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS hereinafter set forth, it is agreed as follows: I. DESCRIPTION OF LEASED PREMISES Lessor hereby leases, and Lessee does hereby accept a lease of the property and buildings located at 1714 West Balboa Boulevard, Newport Beach, more particularly described as Lots 5 through 11, Block 17, Section B, Newport Beach Tract, as recorded -1- I in Miscellaneous Maps, Book 4, Page 27, in the Office of the Orange County Recorder. II. TERM The term of this Lease shall be from year to year i commencing on the first day of January each year, unless sooner terminated in the manner hereinafter provided. III. RENTAL Lessee shall pay to Lessor, and Lessor shall accept as rental for said demised premises, the sum of One Dollar ($1.00) per year payable on the date this lease is executed and on January 1 of each year thereafter so long as this lease remains in effect. IV. USE Lessee shall use the demised premises, together with the buildings located thereon for the purpose of managing, operating and conducting the activites of the Voluntary Action Center, as well as the Retired Senior Volunteer Program. In and as a part of its duties in managing and operating said Voluntary Action Center, Lessee shall not discriminate as to race, color, or creed, subject to the normal rules and operating procedures of the Voluntary Action Center. V. USE AS A COMMUNITY CENTER BY OTHER ORGANIZATIONS When the premises and main building are not in use by the Lessee, the premises and main building shall be available for use as a community center and recreation instruction facility by the City Parks, Beaches and Recreation Department on a first- priority basis, and by recognized church, social, cultural, civic, social welfare and youth groups in accordance with reasonable rules, regulations and scheduling to be established by Lessee, with the approval of the City Manager. Lessee is authorized to charge a fee not to exceed Six Dollars ($6.00) per hour to cover utilities, operation and maintenance costs to groups and organiza- tions, other than the City, for use of the premises and building. -2- 17 VI. TYPE OF BUSINESS ACTIVITY Lessee shall not grant any concession, license, permit or privilege for the conduct of any business or other operation for profit or alter the use or type of service on the demised I premises without the prior approval of the City Manager. VII. SUPERVISORY CONTROL Lessor retains the power to exercise supervisory control over the use and operation of the leased premises by Lessee, with the right to enforce such rules, regulations and orders as may be necessary in order to obtain compliance by Lessee with the terms and conditions contained herein. Lessee agrees to comply with any such rules, regulations or orders. Any breach by Lessee of the terms and conditions of this lease shall constitute grounds for termination. VIII. UTILITIES AND MAINTENANCE Lessee shall promptly pay for all utility services furnished to it, such as gas, telephone and electricity, as well as provide for the day -to -day maintenance and repair of the buildings, such as replacing light bulbs, broken windows and paper towels. Maintenance shall include providing custodial services. IX. INSURANCE - HOLD HARMLESS Lessee shall save and keep Lessor, its officers, agents and employees free and harmless from any and all claims or demands of any name or nature whatsoever arising out of, or incident to, I the use and occupancy of the premises herein described by Lessee. In partial performance of this obligation by Lessee, Lessee shall procure and at all times during the term of this Lease maintain in full force and effect a policy, or policies, of public liability and property damage insurance protecting the City of Newport Beach, its officers, agents and employees from all claims or demands for damages. The policy, or policies, shall provide for not less than Two Hundred Thousand Dollars ($200,000.00) for injury or death of one person; Five Hundred Thousand Dollars ($500,000.00) for injury or death of two or more persons; and Fifty Thousand Dollars ($50,000.00) for damages to property. The City Manager may require an increase in the amount of insurance from time to time in i accordance with changes in economic conditions. Attached to said -3- policy shall be an endorsement which shall provide as follows: "Within the limits set forth in this policy, to indemnify and save the City of Newport Beach, its officers, agents and employees, free and harmless from all damage, claim, loss or liability of any name or nature whatsoever which the City of Newport Beach, its officers, agents or employees may hereafter sustain or incur, or may be imposed upon them, arising out of, or in any way connected with, the use or occupancy by the insured, its servants, agents and employees, of the premises described in a lease granted to insured by the City of Newport Beach." Lessee shall furnish, and maintain with the Lessor, either the original policy, or policies, or a certified copy, or copies, thereof. The policy, or policies, shall be approved as to sufficiency by the City Manager and as to form by the City Attorney. X. LESSOR'S RIGHT OF INSPECTION Lessor reserves the right by its authorized agents, employees or representatives to enter the leased premises to inspect the same or any part thereof at any time and to attend to or protect the Lessor's interest under this lease. XI. COMPLIANCE WITH LAWS Lessee convenants and agrees to comply with all rules, regulations, statutes, ordinances and laws of the State of California, County of Orange, the City of Newport Beach or any other governmental body or agency having lawful jurisdiction over the leased premises or the business, enterprises or activites conducted thereon. XII. ASSIGNMENT Lessee shall not assign, transfer, sublease or give any grant of control of this Lease or demised premises, or any part thereof, either voluntarily or involuntarily, unless first approved by the City Council. XIII. NON- COMPLIANCE If the Lessee fails to comply with any of the terms and conditions of this Lease, the Lessor may give to the Lessee a -4- 4 notice in writing of such failure and specify therein the particu- lars in which Lessee has failed to comply with the provisions of this Lease. If the Lessee fails for a period of ten (10) days after the giving of such notice to comply with the provisions of this Lease, the Lessor may, at its option, terminate this Lease, and all rights of the Lessee therein shall cease and terminate and the Lessee shall immediately thereafter deliver possession of the premises to the Lessor. XIV. SURRENDER OF PREMISES UPON EXPIRATION OR TERMINATION Upon the expiration of the term of this Lease or sooner termination thereof as herein provided, Lessee shall deliver possession of said demised premises to Lessor in the same condition as delivered to Lessee, reasonable wear and tear excepted, and also excepting any changes or alterations authorized or approved in writing by the City Manager or City Council. Upon the expiration or termination of this Lease, any additions or improvements made upon the demised premises shall become the property of the Lessor unless removed in their entirety by Lessee within ninety (90) days of said expiration or termination. XV. DEAFULT AND TERMINATION OF LEASE A. Default Time and each of the terms, covenants and conditions hereof are expressly made the essence of this Lease. If the Lessee shall fail to comply with any of the terms, covenants, or conditions of this Lease, including the payment of rental herein reserved, at the time and in the amount herein required, and shall fail to remedy such default within thirty (30) days after service of a written notice from Lessor so to do if the default may be cured by the payment of money, or to j commence in good faith to remedy any other default within thirty (30) days and thereafter diligently prosecute the same to completion, or if Lessee shall abandon or vacate the leased premises, Lessor may, at its option, and without further notice or demand, terminate -5- . L-1 this Lease and enter upon the leased premises and take possession thereof, and remove any and all persons therefrom with or without process of law. B. Termination Lessor and Lessee each respectively reserves f the right to terminate this Lease for any reason and at any time by giving the other party sixty (60) days prior written notice of its intention to terminate. C. Surrender of Possession Upon Termination Lessee covenants and agrees that upon the expiration or sooner termination of this Lease, the Lessee will peaceably surrender the leased premises with all buildings and improvements, in the same condition as when received or constructed, reasonable use and wear thereof, and damage by fire, Act of God, or by the elements excepted. Lessee expressly waives any right which it may have to relocation assistance or costs in vacating the demised premises. Any improvements built, constructed or placed upon the leased premises by the Lessee, or anyone holding by, under, or through it, shall remain on the leased premises and become the property of the Lessor without any cost to Lessor upon the termination of this Lease, whether by lapse of time or by reason of default, unless the Lessee elects to remove said improve- ments within sixty (60) days following said expiration or termination. A. Remedies Cumulative The rights, powers, elections and remedies of the Lessor contained in this Lease shall be construed as cumulative and no one of them shall be considered exclusive of the other or exclusive of any rights or remedies allowed by law, and the exercise of one or more rights, powers, elections or remedies shall not impair or be deemed a waiver of Lessor's right to exercise any other. E. No Waiver No delay or omission of the Lessor to exercise any right or power arising from any omission, neglect or default of the Lessee shall impair any such right or power or shall be construed as a waiver of any such omission, neglect or default on the part of the Lessee or any acquiescence therein. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or of any of the terms, covenants, agreements, restrictions or conditions of this Lease. F. Holding Over It is mutually agreed that if the Lessee shall hold over after the expiration of this Lease for any cause, such holding over shall be deemed a tenancy from month to month only, and upon the same terms, conditions and provisions of this Lease. XVI. NOTICES It is mutually agreed that any notice or notices provided for by this Lease or by law, to be given or served upon the Lessee, may be given or served by mail, registered or certified, with postage prepaid, and if intended for the City of Newport Beach, addressed to the City Manager, Newport Beach, California 92660, or at such other address as may be hereafter furnished to the Lessee in writing, and if intended for the Lessee, addressed to its Director, at 1714 West Balboa Blvd., Newport Beach, California, 92660 or at such other address as may be hereafter furnished to the Lessee in writing; or it may be served personally upon any corporate officer of Lessee or person charged with general management responsibilities in connection with the leased premises; and that any notice or notices provided by this Lease or by law to be served upon Lessor may be served personally upon the Mayor of the City of Newport Beach or the City Clerk of said City. Such service shall be deemed complete at the expiration of forty -eight (48) hours from and after the deposit in the United States mail of such notice, demand or communication. IN WITNESS WHEREOF, the parties hereto have executed 1 -7- A 0 W# this Lease as of the day and year first above written. €'., WY APPROVED A� TO FORM: a- - d V ity Attorney CITY OF NEWPORT BEACH ._ /_ ATTEST: By: City Cler LESSOR VOLUNTARY ACTION CENTER OF SOUTH ORANGE COUNTY By: ?/1 /. A,4d /Lo ,.i Presi.den By�u,� >,.7 /�Q� 'Secretary , LESSEE a RESOLUTION NO. $444 Q_cf D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY )A 1975 OF NEWPORT BEACH AND THE VOLUNTARY ACTION CENTER OF SOUTH ORANGE COUNTY FOR LEASING THE PARKS, By r: �;i 1 Y CuUJN� ;L BEACHES AND RECREATION 'HEADQUARTERS BUILDING CITY OF NWkV702T BEACH WHEREAS, there has been presented to the-City Council of the City of Newport Beach an agreement between the City of Newport Beach and the Voluntary Action Center of South Orange County for the leasing of the Parks, Beaches and Recreation Headquarters Building; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement 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 24th day of February , 1975. Mayor ATTEST: City Clerk DDO /bc' ,2/21/75 C C CIA�'�' ��NERA CLUB By the GiiY CCiUNUiL NEWPORT BEACH PARKS & RECREATION BLDG. CITY QF. hRWfQRT BEACH 1714 WEST BALBOA BOULEVARD ( BALBOA PENINSULA) NEWPORT BEACH. CALIFORNIA 92660 February 14, 1975 Mayor Donald McInnis and Council Members City of Newport Beach " � J Dear Mayor McInnis and Council Members, Sorry to take your time with this matter when there are so many more weighty problems; a Citizens Assistance Officer, if we had one, could probably have assisted us in short order. I received a letter from our Parks, Beaches and Recreation Department, as president of Coast Camera Club, stating that effective January 1, 1975, we would be charged $6.00 per hour because of rising electricity and natural gas costs. Coast Camera Club has been using this room in the P, B, and R. Building for some twenty years with the annual dues for membership never exceeding $10. per year annually, covering the expense of bringing in outside lecturers, judges and furnishing end -of- the -year awards. With the $6.00 per hour charge, our dues would jump to approximately $24.00 per year, which is a prohibitive fee by all camera club standards, and worse, would be a fee that would preclude the membership of students, young people, those of modest income, and senior citizens. At the present time, our membership includes a municipal judge, an engineer, a physicist from UCI, a manufacturer, a city planner, a banker, a CPA, a chemist, a pharmicist, a realtor, a store manager, all of whom could absorb the extra charge, but, at $24.00 per year, the first group mentioned would have to drop out. We appealed to the Parks, Beaches and Recreation Commission for a reconsideration of this $6.00 per hour charge with a detailed letter of explanation. The Commission itself did not answer our letter but after a month went by, a letter was received from the Parks, Beaches and Recreation Department stating that the Commission had denied our request, expressing no interest and offering no suggestions. We couldn't understand why a city like Newport Beach refused to under write an $15.00 per month fee to cover one meeting in view of the accomplishments and benefits to the city of Coast Camera Club. Coast Camera Club is civic- minded, and by their work, has been a quiet credit to the city of Newport Beach. The management of the Orange County Fair phoned us in 1974 to put on a Photographic Show. Under the banner of Coast Camera Club of Newport Beach, our club put on a huge photographic exhibit consisting of 560 outstanding • CCCOAST CAMERA CLUB NEWPORT BEACH PARKS & RECREATION BLDG. 1714 WEST BALBOA BOULEVARD ( BALBOA PENINSULA) NEWPORT BEACH, CALIFORNIA 92660 prints collected from Newport Beach, Orange County and from all over the nation. Hundreds of volunteer man -hours were put in by Coast Camera Club covering a three week period in order to get the job done. This show filled a 150' long building on the Fairgrounds. The success of this show was evident by the insistence of the Fair management that we do it again. There was no more active group among the volunteers for this job than the students, the young people, those of modest income, and the senior citizens. Photography embraces a union of art and science, and also creates a happy opportunity for self expression. Its complexities and variations appeal. to increasing numbers of people at all age levels. The Laguna Beach Museum of Art is devoting more and more space to photographic exhibits, and by way of interest, I quote from a recent letter from the City Librarian of Newport Beach, Dorthea Sheely, wherein she states, after a recent exhibit of one of our members at the Mariners Branch Library, "You're recent show dis- playing photography as a distinct art was truly appreciated by the public. Please share your portraiture with us again." As a Realtor, residing in the city of Newport Beach for over twenty years, not only selling the land but enjoying its people, its climate and the recreational opportunities, I would also like to think that the city of Newport Beach wishes to encourage, and not discourage, such a fine liesure time activity. It is for the young and the old, for the well- to -do, and the not so well- to -do. The recognition of photography asa recreatonal activity has taken great strides in some areas. We can in no way compare our budget with Los Angeles, but it is interesting to note that the Los Angeles Photographic Center is housed in a large building with ample parking, has a full -time staff night and day, and an elaborate darkroom with ten enlargers, some seventy theatrical lights for indoor sets, and four complete outdoor sets. They put on many national exhibits yearly and the total membership fee is $13.00 per year, with 1400 members. In the City of Newport Beach Municipal Code, it states in Section 709, that the duties of the Parks, Beaches and Recreation Commission call upon them to both promote and stimulate interest in recreational programs, and we feel that having been established in this area for twenty years in the field of promoting and stimulating a recreational activity, that we are deserving more than a complete turn -down of our request to continue the usage of one room one evening per month. This courtesy would permit us to continue our contribution toward the recreational and cultural growth of th community. Again, Coast Camera Club regrets that so much of your valuable time should be taken up by such a minor issue, but we felt that we had to speak out not only in behalf of the group that can't take a dues increase, but also, x 0 0 CCOAST CAMERA CLUB NEWPORT BEACH PARKS & RECREATION BLDG, 1714 WEST BALBOA BOULEVARD ( BALBOA PENINSULA) NEWPORT BEACH, CALIFORNIA 92660 to keep the doors open to all who would take up photography as a liesure time interest, where they can receive instructions, exhibit their work, participate in an exchange of ideas, and enjoy the fellowship associated with this universal hobby. Yours truly, G --� .i A United Woy Agenc 1714 West Balboa Boulevard Newport Beach, California 92663 714 11675-9210 - 714 / 833 -9278 FEPP2r1g7*, 1979 By fh* Clfy COUNCIL CITY OF NAWPORT BEACH Mr. Robert Wynn, City City of Newport Beach 3300 Newport Blvd. Newport Beach, Calif. Dear Bob: Enclosed please find the 1979 rent of the Newport Beach. center Manager 92663 our check in the amount of $1.00 covering property located at 1714 W. Balboa Blvd., It might be of interest to you and the City Council to know that during 1978 the Voluntary Action Center of South Orange County conducted in excess of 2300 interviews and placements of volunteers. Recorded hours of service contributed by these volunteers to com- munity service agencies are in excess of 150,000 hours. Countless additional hours are undocumented. Even based on the minimum wage, the dollar value of this community service is substantial. Other VAC services include training, consultation, technical assistance and information and referral. We are extremely grateful to you, the City Council and the City of Newport Beach for continuing to provide this facility which very adequately and comfortably accommodates our present needs and which enables us to carry out our mission of mobilizing and coordinating volunteer resources to promote the public good. Many thanks for continuing support and interest in our programs. Encls. Recipient of Disneyland Community Service Award Court Referral Program Sincerely /, K Executive Director Retired Senior Volunteer Program t so 00 CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION DEPARTMENT January 27, 1975 TO: MAYOR & CITY COUNCIL FROM: PB & R Director SUBJECT: USE OF PB & R HEADQUARTERS BUILDING STUDY SESSION NO. The Voluntary Action Center of South Orange County has presented to the City Council a request to use the present Parks, Beaches & Recreation headquarters building for office purposes when PB & R moves to quarters at the City Hall. Staff was directed by the Council to review the feasibility of this request and prepare a report for Council consideration. The PB & R building contains 2,350 square feet in the main building and 540 square feet in a storage building at the rear of the lot. Offstreet parking for nine cars exists at the site. The main building contains seven separate offices, a meeting room, restrooms and a kitchen. The Voluntary Action Center staff has indicated that these facilities will very adequately serve the needs for their main office as well as the Retired Senior Volunteer Program which is sponsored by V.A.C. When the PB & R move to City Hall takes place, the Recreation Division had planned to conduct various recreation classes in the building during the day as well as in the evenings. Also, it was intended that the groups who pres- ently use the building during evening hours would be permitted to continue to do so. If the City Council chooses to grant the V.A.C. request to use the vacated PB & R office, the following conditions should be considered: 1. Custodial services should be provided by V.A.C. 2. Utilities, gas - telephone - electricity, should be paid for by V.A.C. 3. V.A.C. should be directed to permit various groups to use the building for meeting purposes and V.A.C. should handle the scheduling of those groups. 4. The use by V.A.C. should be on a year -to -year basis pending the land use in the surrounding area, namely Marinapark and the American Legion. 5. A rental fee of $1.00 per year should be charged for the use of the building. The facility is probably ideal for V.A.C. purposes because it is in an area serviced by the OCTD bus line, offstreet parking is adequate and use of a public building at little or no cost would permit V.A.C. to utilize their limited funds for maximum results in volunteer work. The City Attorney has indicated that the City can contribute funds or in -kind services for senior citizen programs, without constituting a gift of public funds. The PB & R Department sees no reason not to approve the V.A.C. request as long as the conditions listed above are considered and it is understood that it might be for a limited time only. CCS:h Calvin C. Stewart Attachment. Plot Plan El C) CO O V) CY CY m -:z Lu cri D- - 0 - ."r X 7i 1 0 -% ....... .. .... ....... X PS Zv L� to " ouncU 0 0 E N d. 10 ivewovAi 8eacACa.,,(, of WILLIAm E. SELWYN ewpo4i NOV 2 5 7974 ft ),IV If gen.Uemen, I oin .the JecAe&V of Ae A.11.BeacAcon6eA stag yIzoup(OmAicA Aad G-1. been me" zjdz�y ai .the i'dA Mecaeation &4-on Balboa &Vd. l4e have teceady been infoAmed that aj ofdec 11i on �aa IJ;t ouz ,zen;t twaJd be at .the zcde of Jix doZ" an houA(i6.00). 1Ge meet each Tue-Aday evening at 8:30 un;Ul.L 10. 009. A U ij aece44aAy fo,t u4 to -de;t up .the /zoon4mzbe coffee and pzepaae AeAe4hmerd4 4ia4i- ing at about 7:15.tPe& oaz mee" we Clean ,the pxe"e4 and .loch up by 10:30. i4e have been mAing a Iz* m 'Donation"eveAy ovaA of i,20.00.-Since ouA a;Uendance Aa4 aiuxrn fwm eight of .ten, to an ave4age of Au" Ave io Aildy Ave ouaaeLf .4uppo" donations have not hepi up wtA oaa gwwA.Apea we pay Pz ouA "ewttme,,te1Aedhmeni4, and out-iide dona;Uorw,;&e&e 14 veV .little let in our. ;ftea4uAy. 14e Reel that we ate doing a An;&u;ac job in ouA aAeapwveq 6y our aVendance. if we can keep one nzm jobetAe amouai of A14 conbii6u;tion i4 uninpw4iani,. 1Ue have been ;to.ld Aai ;ta new zerd 44dUle not only ap, io u4 and ouA �/ooziioa and we. uvu�ld )4Ae nothing, betiez Aa:a*r4t6 . aM g4owtng Mem6 eZdhLp IOUXVd %// & k /&" and %A61V " ". I;t Ulould be a Aa/&dAtp #o move and to change ouz me" date to confozm �O 4oMe oAea Zoomiion. 10e iAezepz a4h out C4-iy PA 4pecial carwidewlioa Am aAicA our meff,6e&Aip wi-U be nxo;t gltaielu4 1974 14e can atp/zd uAo-;t we have been paying. OuA tecozd of neataeq and co-opewiwn 4p" PA zi4elf. M A2y we have yoUlt 4inCee2 corwideAaiion. A- ] e4peaftt.Uy UAIJ F ❑ cour:-;!men Arc November 15, 1974 Mr. Willi" B. Selwyn 2888 Daysbore, Apt. 2B Newport Beach, California 92660 Your letter regarding the use of the Parks, Beaches and Recreation Building as a mating place on Tuesday evenings for your A& Group will be on the Council agenda for Monday, November 25. If you wish to address the Council, please walk up to the speakers' mike when the Mayor announces your item. Council meetings commence at 7:30 P.M. and are hold In the Council Chambers at City Hall, 3300 Newport Boulevard, Newport Beach. Laura Lagios, CHC City Clark LL:okb U. h 6- Nov 2 5 1674 1 �U�i CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION DEPARTMENT November 25, 1974 TO: ROBERT L. WYNN, CITY MANAGER FROM: PB & R Director SUBJECT: USE OF PARK & RECREATION FACILITIES BY OUTSIDE GROUPS The City Council on Monday night, November 25, will receive a letter from Mr. William E. Selwyn, treasurer of the Alcoholic Anonymous Beachcomber Stag Group, regarding the fees that are charged for the use of the PB & R Department headquarters building for meeting purposes. The AA group is one of many groups who have been utilizing the PB & R facilities for several yearsand have made contributions to the City but with no regular fee schedule. Other groups include the Amateur Radio Society, the Coast Camera Club, Coast Homemakers, and certain civic organ- izations. In accordance with City Council Policy I -5, a charge of $6.00 per hour may be made to groups utilizing the facilities to offset certain costs involved. For many years no fees were charged to these specific groups and they were allowed to use the building more or less free of charge. Recently, however, certain situations began to exist that prompted us to notify these groups that we would be adhering to the City Council Policy effective January 1, 1975, and that a fee of $6.00 per hour would be charged but that there would be a City staff member on duty during the hours that the organization was in attendance in the building. One of these situations was the fact that periodically we would come to work the morning following a night meeting and lights would be on in the building and sometimes the doors would still be open. On some occasions the building was left unsecured for an entire weekend and there were times when the lights were on and the heater was on when the PB & R staff came to work on Monday mornings. Additionally, electrical costs and natural gas costs have gone up so extensively that it is no longer feasible to have groups utilizing the building at no charge. Therefore, in order to compensate for these added costs, and in order to retain staff on duty to see that the facilities are properly secured, we have alerted these organizations that effective January 1st, we would be exercising the City Council Policy. Should the City Council see fit should they decide to waive the but in order to be compsensated making the buildings available, a little more self- supporting, adopted fee schedule. CCS:h to give certain groups a reduced rate or fee completely, we would have no objections, for some of the expenditures involved in and in order to make the PB & R Department ve feel it was necessary to impose the G -1