Loading...
HomeMy WebLinkAboutChildren's Bureau of Southern California - 2007-04-02t Council/Agency Meeting Held Deferred/Continued to proved ❑ Condi Cie s Sign re Council Meeting Date July 6 2010 Department ID Number CS10-013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO Honorable Mayor and City Council Members SUBMITTED BY Fred A Wilson City Administrator PREPARED BY Jim B Engle Community Services Director SUBJECT Approve and authorize execution of Amendment No 1 to the Non - Exclusive License Agreement Amendment between the City of Huntington Beach and the Children s Bureau of Southern California for Operation of the Oak View Center Statement of Issue The non-exclusive license agreement with the Children s Bureau of Southern California requires an amendment to update terms and conditions Financial Impact City Council -approved Community Development Block Grant (CDBG) funds in the amount of $53 004 have been designated in Account #85782005 Oak View Community Center in FY 09/10 for the balance of the calendar year Recommended Action Motion to Approve Amendment No 1 to Non -Exclusive License Agreement Between the City of Huntington Beach and Children's Bureau of Southern California for the operation of the Oak View Center and authorize the Mayor and the City Clerk to sign the agreement Alternative Action(s) Do not approve amendment and advise staff how to proceed Analysis In 2003 City Council approved a non-exclusive license agreement for operation of the Oak View Center by the Children s Bureau For the past seven years the Children s Bureau has successfully operated the center according to the scope of work outlined in Section 4 of the current agreement (Attachment 1) With City Council approval of this non- exclusive license agreement amendment (Attachment 2) the Children s Bureau will continue to operate the Oak View Center as outlined in the attached Amendment #1 to the Non - Exclusive License Agreement between the City of Huntington Beach and Children s Bureau of Southern California The changes to the agreement are as follows 1 Paragraph 4 LICENSEES RESPONSIBILITES FOR OPERATING A COMMUNITY CENTER PROGRAM is amended as follows -21- Item 3 - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE 7/6/2010 DEPARTMENT ID NUMBER CS-10-013 (h) Attend quarterly meetings of the Oak View Task Force — Current agreement requires monthly attendance at task force meetings however task force meetings are now held quarterly This amendment reflects that change Licensees obligation to provide services is contingent upon Licensee receiving funding from the City — Current agreement defines funding source as Community Development Block Grant (CDGB) the amendment leaves the funding source open to City Council discretion 2 Paragraph 8 TERM is amended as follows The Agreement was originally approved for two consecutive two-year terms the second term to expire on June 30 2011 The parties wish to extend this term so that the Agreement will automatically renew on July 1 2011 for one additional two-year term to expire on June 30 2013 unless either party by December 31 2012 gives the other party written notice of its intent not to renew for the additional term This amendment will extend the current agreement for two additional years In Summary the Children s Bureau is a 501(c)(3) non-profit agency whose mission is to provide children and family services both directly and through collaboration with other non- profit and governmental agencies This public/private partnership was created as a mechanism to continue providing this service to the Oak View neighborhood when the centers operational funding was eliminated as a budget reduction in the City s General Fund Since beginning operation of the community center in 2003 the Oak View Center has been providing family services and recreational activities for the Oak View community The agreement has fostered a good working relationship between the two agencies with the city overseeing the Oak View Task Force and the Community Services Department providing oversight and coordination of the Children s Bureau agreement The other terms and conditions of the Children s Bureau agreement remain the same Staff is recommending that City Council approve the agreement so that services can continue with the Oak View neighborhood These changes will allow both parties to continue this successful partnership serving the Oak View community Environmental Status N/A Strategic Plan Goal Maintain financial viability and our reserves Attachments) Item 3 - Page 2 -22- ATTACHMENT -23- Item 3 - Page 3 NON EXCLUSIVE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA Table of Contents 1 Premises and Permission to Use 2 Superseding of Prior Agreement 3 Contract Admmistrator 4 Licensees Responsibilities for Operating a Community Center Program 5 Licensor's Responsibilities 6 License Fee 7 Time of Essence 8 Term 9 Non -Possessory Interest 10 Non -Recording 1 I Indemnification Defense and Hold Harmless Agreement 12 Wormers' Compensation and Employers' Liability Insurance 13 General Public Liability Insurance 14 Certificates of Insurance, Additional insured Endorsements 15 Insurance Hazards 16 Hazardous Substances 17 Nondiscrimination 18 Relocation and Assistance 19 Care of Premises 20 Inspection of Premises 21 Licensor's Option to Close the Premises 22 Public Necessity 23 Payment of Utility Charges 24 Real Property Takes 25 Personal Property Taxes and Business License 26 Payment of Obligations 27 Compliance with Laws 28 Damage, Destruction or Nuisance 29 Liens 30 No Condemnation Value to Licensee 31 Termination 32 Hold Over 33 Installation and Removal of Trade Fixtures 34 Restoration and Surrender of Premises/Title to Improvements 35 Default by Licensee 36 Insolvency of Licensee 37 Cumulative Remedies 38 No Assignment 39 Waiver of Default 40 Consent 41 Force Majeure - Unavoidable Delays 42 Notice 43 Binding on Heirs and Successors 44 Survival 45 Waiver of Claims 07-8a7n4s6 1 2 2 2 4 5 5 5 5 6 6 6 7 8 8 9 10 11 12 12 13 13 13 14 14 14 14 15 15 16 16 16 16 17 I8 18 18 19 19 19 19 20 20 20 21 Item 3 -Page 4 -24- 46 Conflict of Interest 21 47 Independent Contractor 21 48 Legal Services Subcontracting Prohibited 22 49 Section Headmgs 22 50 Modification 22 51 Interpretation of this Agreement 22 52 Governing Law 23 , 53 Mediation 23 54 Attorney`s Fees 23 55 Duplicate Original 24 i 56 Entty 24 07 84717496 7 a -25- Item 3 - Page 5Z NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA THIS NON-EXCLUSIVE LICENSE AGREEMENT (the "Agreement) is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("Licensor"), and CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA, a California nonprofit corporation ("Licensee"} WHEREAS, Licensee represents and warrants that it is a nonprofit organization that wishes to operate programs and activities in recreation and human services at the Oakview 9 Community Center, and that there are no lawsuits or claims against it or any of its employees, agents or volunteers, for negligence, violations of law or misconduct, and Licensee desires to use Licensor's real property located at 17261 Date Lane in Huntington Beach, for recreation and human services programs, and Licensor has relied on Licensee's above representation and warranties as a basis for entering into this Agreement and on that basis desires to allow such use NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows 1 PREMISES ARID PERMISSION TO USE Licensor owns the real property located at 17261 flak Lane, Huntington Beach, k California, known as the Oakview Community Center, whose legal description is set forth in t Exhibit "A" and whose location is depleted in the map provided in Exhibit "B" (the "Premises'*, which are attached hereto and fully incorporated herein Licensor grants to # Licensee a non-exclusive license to provide and operate a community center program on the I 07 84717496 1 item 3 - Page 6 -26- Premises The license granted herein is conditioned on Licensee operating the community center program discussed herein The right and permission of Licensee is subordinate to the prior and paramount right of Licensor to use the Premises for public purposes to which it is .now and may, at the option of Licensor, be devoted Licensee undertakes and agrees to use the Premises and to exercise this license at all times to such manner as will not unreasonably interfere with the full use and enjoyment of the Premises by Licensor Licensee hereby acknowledges title to the Premises is vested in Licensor and agrees never -to assail or resist the same and further agrees that Licensee's use and occupancy of the Premises shall be referable solely to the permission herein given Licensee agrees to obtain prior written approval from Licensor before any alteration or expansion of the Premises �....►s a Thus Agreement shall supersede and replace any existing agreement(s) for the Premises currently entered into by and between the parties and all supplemental agreement(s) 4 entered into by and between the parties regarding the existing agreement(s) 3 CONTRACT ADMINISTRATOR Licensee's Director of Conunuriity Services, or his designee, shall be the Licensor's Contract Admmistrator for this Agreement with the authority to act on behalf of Licensor for the purposes of this Agreement, and all approvals and notices required to be given herein shall be so directed and addressed 4 LICENSEE'S RESPONSIBILITIES FOR. OPERATING A COMIb aalY 07 8A7n486 CEfid"1'ER PROGRAM Licensee shall do all of the following K I Eka Item 3 - Page 7 0 4 (a) Obtain and maintain any governmental licenses permits and approvals required to enable Licensee to operate a community center program on the Premises ' a (b) Provide My qualified staff and instructors for a community center program in accordance with any applicable governmental requirements, , (c) Provide any equipment, supplies and materials required to operate the community center program, (d) Immediately notify Licensor in writing of any lawsuits, citations or claims against Licensee or any of its employees, agents or volunteers for negligence, violations of law or misconduct, (e) Provide a drop -in recreation program during the following times 2 00 p m— 6 00 p m Monday through Friday, and 10 00 a m— 4 00 p in Saturday, (f) Provide a family resource center, which should offer youth and teen programs, counseling services and cultural classes, (g) Upon the delivery of United States Department of Agriculture commodities, provide the distribution of such commodities to the community (h) Coordinate holiday food baskets with St Bonaventure's HOPE Office, (i) Attend meetings of the Oakview Task Force on the third 'Thursday of each month U) Coordinate with Oakview Elementary School for the use of the Premises for awards arts programs and parent presentations, (k) Provide the use of the Premises free of charge for the Adult Literacy Program in coordination with the Oakview Branch Library, 07-947n486 3 Item 3 - Page 8 -28- E 3 s (1) Provide the Premises free of charge to O&kvtew High School for monthly f student and parent meetings, S (m) Provide recreation and social activities, as necessary, to meet community i needs in the Oakview area, subject to Licensee's ability to obtain liability insurance for such activities at commercially reasonable rates, and (n) Obtain Licenser's written approval for any material modifications or t changes to Sections 4(a) through (n) above I Licensee's obligation to provide the above -referenced services is contingent upon Licensee receiving Fifty-three Thousand Four Dollars ($53,004 00) per year in funding from Licensor, which funding Licensor is obtaining from a Community Development Block Grant ("CDBG ) for funding programs at the Oakview Community Center which are mutually agreed i to by the parties to this Agreement Notwithstanding the foregoing, Licensor is under no obligation to provide any additional funding to Licensee should Licensor, in its sole discretion, choose not to do so 5 LICENSOR'S RESP N TIES Licensor shall be responsible for providing to Licensee the Premises for Licensee to provide all services required in Section 4 herein In addition, Licensor shall act on behalf of Licensee to obtain CDBG funding for Licensee's programs as stated in Section 4 Herein Licensor shall provide the exterior and interior building and grounds maintenance as outlined in 3 Section 19 herein Licensor shall be responsible for all maintenance and supervision of outdoor facilities at the Premises including the play equipment, skateboard park and athletic fields Licensor shall provide oversight of Licensee's programs through the Licensor's Community s Services Department, Superintendent of Recreation, Human & Cultural Services Licensor shall 4 47-847"486 4 -29- (tern 3 -Page 9 H coordinate the meetings of the Oakview Task Force and oversee services of the Salvation Army P Office 6 LICENSE FEE Licensee shall pay Licensor One Dollar ($1 00) per year for use of the Premises (the "License Fee') 7 TIME OF ESSENCE Time shall be the essence of this Agreement and each and all of its terms, covenants or conditions m which performance is a factor 3 8 1 ERM s i This Agreement shall commence at 12 01 a m. on May 1, 2007 for a two-year term, which shall expire at 1159 p in on April 30, 2009, unless extended, or sooner terminated, as provided for herein At the end of the initial term, this Agreement shall automatically renew for one additional two-year term unless either party, by December 31, 2008, gives the other party written notice of its intent not to renew for the additional term 9 NON -POSSESSORY INTEREST F Licensor retains full possession of the Prenuses and any improvements or personal property owned by Licensor on the Premises Licensee will not acquire any interest in 2 the Premises, improvements or property, either temporary, permanent, irrevocable, possessory or i otherwise by reason of this Agreement or by the exercise of the permission given herein Licensee shall make no claim to any such interest_ Any violation of this provision by Licensee will immediately void and terminate this Agreement 10 NON -RECORDING Licensee shall not record this Agreement. 07-847n4" 5 m I Item 3 -Page 10 -30- 3 11 1—NDEWURCATION. DEFENSE AND HQLD HARMLESSAGREEMENT Licensee hereby agrees to protect, defend, indemnify and hold harmless Licensor its officers, elected or appointed officials employees agents and volunteers from and against any 4 and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation (including arbitration) of every nature or liability of any kind or nature) ansing out of or in connection with (1) the use or occupancy of the Premises by Licensee, its officers, employees or agents, or (2) the death or injury of any person or the damage to property caused by any act or omission of Licensee, its officers, employees or agents, or (3) Licensee s (or Licensee's agents and/or sublicensee, if any) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by Licensee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Licensor Licensee will conduct all defense at its sole cost and expense and Licensor shall approve selection of Licensee's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as limitation upon the amount of indemnification to be provided by Licensee 12 WO RS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE Licensee acknowledges awareness of Section 3700 et seq of the California Labor Code, which requires every employer to be insured against liability for workers' compensation Licensee covenants that it shall comply with such provisions prior to the commencement of this Agreement Licensee shall obtain and furnish to Licensor workers' compensation and employers' liability insurance in amounts not less than the State statutory limits Licensee shall require all its sublicensees and contractors to provide such workers' compensation and employers' liability s o7-MM4ss 6 -31- Item 3 - Page 11' insurance for all of the sublicensees and contractors' employees Licensee shall furnish to Licensor a certificate of waiver of subrogation under the terms of the workers' compensation and , g employers liability insurance and Licensee shall similarly require all sublicenses and contractors to waive subrogation 13 GENERAL PUBLIC LIABILITY INSURANCE In addition to the workers compensation and employers liability insurance and Licensee's covenant to defend, hold harmless and indemnify Licensor, Licensee shall obtain and furnish to Licensor, a policy of general public liability insurance, including motor vehicle coverage against any and all claims ansing out of or in connection with the Premises This policy shall indemnify Licensee, its officers, employees and agents, while acting within the scope of their duties against any and all claims ansing out of or in connection with the Premises, and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1 000,000 00) per occurrence If coverage is Provided under a form which includes a designated general aggregate limit, the aggregate lunnit must be no less than One Million Dollars ($1,000,000 00) for the Premises This policy shall name Licensor its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Agreement shall be deemed excess coverage and that Licensee's insurance shall be primary Under no circumstances shall said above -mentioned insurance contain a self insured retention or a "deductible" or any other similar form of limitation on the required , coverage S 1.1 07447n4s6 7 Item 3 -Page 12 -32- 14 CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this Agreement, Licensee shall furnish to Licensor certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement, these certificates shall (a) provide the name and policy number of each carrier and policy; (b) shall state that the policy is currently in force, and (c) shall promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of Licensor, however ten (10) days' prior written notice in the event of cancellation for nonpayment of premium Licensee shall maintain the foregoing insurance coverages in force during the entire term of the Agreement or any renewals or extensions thereof or during any holdover I ' . •. The requirement for carrying the foregoing insurance coverages shall not derogate from Licensee's defense hold harmless and andem nifieation obligations as set forth m this Agreement Licensor or its representatives shall at all tames have the right to demand the original or a copy of any or all the policies of insurance Licensee shall pay, in a prompt and timely manner, the premiums on all insurance heremabove required 15 INSURANCE HAZARDS Licensee shall not commit or permit the commission of any acts on the Premises nor use or permit the Use of the Premises in any mariner that will increase the existing rates for, or cause the cancellation of any liability property, or other insurance policy for the Premises or required by this Agreement Licensee shall at its sole cost and expense, comply with all 07 847n486 8 F D b -33- Item 3 -Page 13 requirements of any insurance carver providing any insurance policy for the Premises or required by this Agreement necessary for the continued maintenance of these policies at r reasonable rates 16 HAZARDOUS SUBSTANCES Licensee represents and warrants that its use or occupation of the Premises shall , not generate any Hazardous Substance (as defined below in this Section), and it shall not store or dispose on the Premises nor transport to or over the Premises any Hazardous Substance during the entire term of this Agreement or any renewals or extensions thereof or during any holdover period The foregoing restrictions shall not be deemed to restrict or prohibit the use by Licensee of ordinary cleaning products as customarily used in Licensee s ordinary course of business at the Premise% provided that Licensee complies with ail provisions of law as to the use storage and disposal of such products Licensee further agrees to clean up and remediate any such Hazardous Substance resulting from or caused by Licensee's or any of its agent s use of the Premises and/or the performance of this Agreement by Licensee or any of its agents Licensee further agrees to protect, defend, indemnify and hold harmless Licensor, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, t damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation (including arbitration) of every nature or liability of any kind or nature) ansing out of or in connection with any such Hazardous Substance and any damage, loss, or expense or liability resulting from any such Hazardous Substance including without limitation, all attorney's fees, costs and penalties incurred as a result thereof except any release caused by the sole negligence or willful misconduct of Licensor Licensee will conduct all i defense at its sole cost and expense and Licensor shall approve selection of Licensee s counsel 9 07 847I7486 9 Item 3 - Page 14 -34- This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as hmitation upon the amount of indemnification to s be provided by Licensee "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as a hazardous or toxic waste, hazardous or toxic maternal, hazardous or toxic or radioactive substance or other similar term, by any Federal, State or local environmental law, regulation or rule presently in effect or promulgated in the future, as such law, regulation or rule may be amended from time to time, and it shall be interpreted to } f include, without limitation, any substance which after release into the environment will or may reasonably be anticipated to cause sickness death or disease 17 NONDISC INATION Licensee and its employees shall not discriminate because of race, religion, color, ancestry, sex age, national origin or physical handicap against any person by refusing to furnish R such person any accommodation facility rental, service or privilege offered to or enjoyed by the general public Nor shall Licensee or its employees publicize the accommodation, facilities, rentals services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, religion, color, i ancestry sex, age national origin or physical handicap f In the performance of this Agreement, Licensee shall not discriminate against any t employee or applicant for employment, because of race, religion, color, ancestry, sex, age } national origin or physical handicap Licensee shall take affirmative action to ensure that applicants are employed and that employees are treated during emmployment, without regard to 3 3 their race, religion, color, ancestry, sex, age, national origin or physical handicap Such action shall include without limitation, the following employment, upgrading demotion or transfer, -35- Item 3 -Page 15 I recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitations, apprenticeship Licensee shall post in conspicuous places, available to all employees and applicants for employment, notices setting forth the provisions of this Section. Licensee shall permit access to its records of employment, employment advertisements, application forms, and other pertinent data and records by Licensor, the State Fair Employment Practices Commission or any other agency with junsdicuon over these matters, for the purpose of investigation to ascertain compliance with this Section. Licensor may determine a violation of this Section to have occurred upon receipt of a finial ,judgment having that effect from a court in an action to which Licensee was a party, or upon receipt of a written notice from the State Fair Employment Practices Comnussnon or other government agency with .jurisdiction over these matters that it has investigated and determined that Licensee has violated the Fair Employment Practices Act or other applicable discrimination law and has issued an order which has become final, or obtained an injunction In the event of violation of tins Section, Licensor shall have the right to terminate this Agreement, and any loss of revenue sustained by Licensor by reason thereof shall be borne and paid for by Licensee, at Licensee s sole cost and expense 18 RELOCATION AND ASSISTANCE In the event this Agreement is terminated for any legal reason by Licensor, H Licensee shall not be entitled to any relocation rights or benefits and expressly waives such a benefits and rights under local, State or Federal relocation assistance plans 19 CARE OF PREMISES 07 94717486 Licensor shall do all of the following I Item 3 - Page l 6 -36- (a) Licensor shall be solely responsible for all exterior maintenance including landscaping, and (b) Licensor shall be solely responsible for non -custodial anterior maintenance excluding mothf cations made to any office, voice or data equipment to accommodate the Children's Bureau Family and Corrununity Center Program Licensee shall do all of the following (a) Licensee shall be solely responsible for all interior custodial maintenance of the Premises and the community center program, f (b) Licensee shall not obstruct, cause or permit any obstruction surrounding the Premises or any part thereof an any manner whatsoever, and (c) Licensee shall comply with all written notices served by Licensor with regard to the care and maintenance of the Premises Licensor may provide written notice specifying the work to be done, the estimated cost of such work and the period of time deemed to be reasonably necessary for completion of such work Should Licensee fail to comply with Licensor's written notice watlnn fifteen (15) f days or within a time deemed reasonably necessary of the tune specified therein, Licensee shall immediately pay over to Licensor the estimated cost of such work as set forth an the notice Upon receipt of such sum, Licensor shall then proceed to cause the required work to be performed s s d 07 947n486 12 4 -37- Item 3 - Page 17, t 20 INSPECTION OF PREMISES Without advance notice given by Licensor to Licensee, Licensee shall permit ; Licensor or Licensor's agents, representatives or employees to enter the Premises at all reasonable times for the purpose of inspecting investigating and surveying the Premises to 3 determine whether Licensee is complying with the terms of this Agreement and for the purpose of perfarmmg other lawful acts that may be necessary to protect Licensor's interest in the Premises or to perform Licensor's duties under this Agreement Licensor also shall have the right in its sole discretion to perform any and all work of any nature necessary for the preservation, maintenance and operation of property owned, controlled or occupied by Licensor Licensee shall be given reasonable notice when such work becomes necessary and Licensee small adjust its operations on the Premises in such a manner that Licensor may proceed expeditiously 7 21 LICENSOR S OPTION TO CLOSE THE PREMISES Licensor may close the Premises without liability and without advance nice to Licensee therefore at any time as Licensor in its sole discretion deems necessary for the protection of life, limb or property, or for public health, safety or welfare purposes, or upon reasonable notice to effect any repair, remodeling or rebuilding deemed necessary by Licensor in its sole discretion 22 PUBLIC NECESSITY Licensor may, upon twenty-four (24) hours nonce 1n writing to Licensee, suspend j or revoke this Agreement without liability to Licensee when public necessity so requires, or suspend operation immediately hereunder temporarily to the event of public emergency, as may 8 07 847l7466 13 Item 3 - Page 18 -33- f be determined by the City Administrator in has or her sole discretion. Such suspension will terminate when the public necessity or emergency no longer exists 23 PAYMENT OF UTILITY CHARGES Licensee shall pay, and hold Licensor and the property of Licensor free and harmless from., all charges for telephone services on the Premises dunng the entire term of this ' Agreement or any renewals or extensions thereof Licensor shall provide for all charges for the furnishing of gas, water electricity { and other public utilities for the Premises, and for the removal of garbage and rubbish from the Premises All real property taxes levied or assessed against the Premises by any governmental entity shall be timely paid by Licensor 25 PERSONAL PROPERTY TAXES AND MS SS LICENSE Licensee shall timely pay all taxes, assessments, or other charges levied or imposed by any governmental entity on the trade fixtures and other personal property placed by Licenses in, on, or about the Premises including, without luting the generality of the other terms used in this Section, any shelves, counters, partitions, fixtures, machinery and equipment, brought on the Premises by Licensee Licensee shall also maintain a business license from Licensor 26 PAYMENT OF OBLIGATIONS a Licensee shall promptly pay, at its sole cost and expense, before they become delinquent any and all bills, debts, liabilities and obligations incurred by Licensee in connection with Licensee's occupation and use of the Prenuses and/or operation of the community center 07-sa7/7486 14 -39- item 3 - Page 19 I program Upon request, Licensee shall promptly furnish to Licensor satisfactory evidence establishing such payment 27 COMPLIANCE WITH LAWS A x Licensee, at its sole cost and expense, shall comply with all statutes, ordinances, I regulations and requirements of all governmental entities, including, without limitation, Federal, i State, county or municipal, relating to Licensee s use and occupancy of the Premises whether such statutes, ordinances, regulations and requirements be now in force or hereinafter enacted This Agreement is expressly subject to the laws, regulations and policies of Licensor Licensee 7 shall deliver to Licensor a copy of any notice from any governmental entity received by Licensee regarding any alleged violation of law regarding the Agreement or Premises or from any person allegedly entitled to give notice under any conditions covenants, or restrictions binding or affecting the Premises The judgment of any court of competent jurisdiction, or the admission by Licensee in a proceeding brought against Licensee by any government entity that Licensee has violated any such statute, ordinance, regulation or requirement shall be conclusive as between Licensor and Licensee and shall be grounds for termination of this Agreement by Licensor 28 DAMAGE, DESTRUCTION OR NUISANCE F 1 Licensee shall not commit or permit the comnussuon by others of any damage or destruction of, on, or to the Premises Licensee shall not maintain commit or peewit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Premises, and Licensee shall not use or permit the use of the Premises for any unlawful. purpose 07 847/7486 15 I t f Item 3 -Page 20 -40- 29 LIENS Licensee shall not permit any mechanics' or materialmens' or other liens to stand against the Premises by reason of any use or occupancy by Licensee, or any person claiming under Licensee If Licensee desires to contest or withhold any payment which would lead to the placement of any bens or contest any such bens, then prior to commencing such contest and withholding, Licensee shall fiurnish Licensor with a bond to secure the payment of such obligation and obtain Licensor's prior written approval of the bond 30 NO CONDEMNATION VALUE TO LICENSEE If any property described herein or hereinafter added hereto is taken in eminent domain., the entire award shall be paid to Licensor Tlus Agreement shall have no condemnation value to Licensee 31 TERMINATION Licensor may terminate this Agreement at any time with or without cause, upon thirty (30) days prior written notice to Licensee Licensee may terminate this Agreement in the event its anticipated federal or state funding for support of the community center prom becomes unsuitable or is otherwise terminated or if Licensor fails to provide the funding to Licensee identified in Section 4 above, upon thirty (30) days prior written notice to Licensor 32 HOLD OVER. Should Licensee hold over and continue in possession of the Premises after expiration of the term of thus Agreement or any extensions or renewals thereof, Licensee's continued occupancy of the Premises shall be considered a month -to -month license subject to all the terms and conditions of this Agreement 07 s47n486 16 R -41- Item 3 - Page 21 33 INSTALLATION AND REMOVAL OF TRADE FIXTURES d Licensee shall provide any equipment, supplies and materials required to operate 3 the community center program In addition, Licensee shall have the right at any time and from } time to tune during the term of this Agreement and any renewal or extension thereof, at I Licensee's sole cost and expense to install and affix in, to, or on the Premises such items, herein s called "trade fixtures," for use in Licensee's trade or business as Licensee may, in its discretion, deem advisable Any and all such trade fixtures that can be removed without structural damage to the Premises or any building or improvements on the Premises shall, subject to Section 34 of , this Agreement, remain the property of Licensee and may be removed by Licensee at any time prior to the expiration or sooner termination of this License 34 RESTORATION SURRENDER OF PREMISESITITLE T IMPROVEMENTS On expiration or termination of this Agreement Licensee shall without compensation to Licensee, promptly surrender and deliver the Premises to Licensor in as good condition as such were at the commencement date of this Agreement, reasonable wear and tear excepted Licensee also shall, without compensation to Licensee, surrender all improvements to Licensor in good condition and repair ordinary wear and tear excepted free and clear of all liens and encumbrances Licensee also shall remove all of its trade fixtures and other personal property Licensor may in its sole discretion accept all or any portion of the Premises, as then unproved with improvements and no sum whatsoever shall be paid to Licensee or any other person, or Licensor may require Licensee to remove all or any portion of such improvements, at Licensee's own risk and cost and expense or Licensor may itself remove or have removed all or any portion of such improvements, at Licensee s own risk and cost and expense If required by 47 847n485 17 Item 3 - Page 22 -42- 9 i Licensor to do so, in removing any such improvements, Licensee shall restore the Premises as nearly as possible to the conditions existing prior to their installation or construction All such removal and restoration shall be to the satisfaction of Licensor and shall be completed within thirty (30) days of the expiration or termination of this Agreement, provided, however that Licensee shall be considered a holdover licensee after expiration or termination of the Agreement until the tune Licensee completes this removal and restoration work, including, without limitation, the removal of all of its trade fixtures and other personal property left on the Premises In addition, all of Licensee's trade fixtures and other personal property left on the Premises after the expiration of this 30-day period, regardless of cause, shall be deemed abandoned by Licensee In Licensor's sole discretion, it may choose to do one or more of the following (l) take any or all of such trade fixtures and other personal property as Licensor s property, (2) store any or all of such trade Fixtures and other personal property in a public warehouse or other location at the sole cost, expense and risk of Licensee, and for the account and in the naive of Licensee, or (3) dispose of any or all of such trade fixtures and tither personal property without any liability to Licensee In addition, licensee's indemnification, hold harmless and defense obligations set forth in this Agreement shall apply to such trade fixtures and/or other personal property, and to Licensor's action with respect thereo 35 DEFAULT BY LICENSEE Should Licensee default in the performance of any of the terms, conditions, or obligations contained in the Agreement, Licensor may, in addition to the remedies specified herein, re-enter and regain possession of the Premises in the manner provided by the laws of the State of California then in effect 07-847n485 18 -43- 3 F f I 3 L 3 Rein 3 -Page 231 36 1NtjQLVLNCY OF LICENSEE The insolvency of Licensee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Licensee or the making of a general assignment for the benefit of creditors by Licensee, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle Licensor to re-enter and regain possession of the Premises 37 CUMULATIVE REMEDIES The remedies given to Licensor in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement 38 NO ASSIGNMENT This Agreement is personal to Licensee, and Licensee shall not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party 39 WAIVER OF DEFAULT The waiver by Licensor of any default by Licensee of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent default by Licensee either of the same or another provision of this Agreement 40 CONSENT When Licensor's consent/approval is required under this Agreement, its consentlapproval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event 07 847n486 19 i Item 3 -Page 24 -44- I 41 FORCE MA3EURE - UNAVOIDABLE DELAYS Should the performance of any act required by this Agreement to be performed by either Licensor or Licensee be prevented or delayed by reason of an act of God strike, lockout, s labor troubles inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the tune for performance of the act shall be extenders for a period equivalent to the period of delay, and performance of the act during the period of delay shall be excused Provided, however, that nothing contained in this Section shall excuse the prompt payment of the License Fee or other -consideration by Licensee as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, Licensor or Licensee required to perform the act 42 NOTICE 13 Unless specifically providing for verbal or electronic notice all notices, certificates, or other communications required to be given hereunder shall be in writing and made in the following manner, and shall be sufficiently given and deemed received when (a.) personally delivered, or (b) three (3) business days after being sent via United States certified mail - return receipt requested, or (c) one (1) business day after being sent by reputable overnight courier, in each case to the addresses specified below, provided that Licensor and ' Licensee, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent LICENSOR LICENSEE City of Huntington Beach Children's Bureau of Southern California Attn Director of Community Services 50 South Anaheem Boulevard, Ste 241 2000 Main Street Anaheim, CA 92805 Huntington Beach, CA 92647 0784717486 11 x -45- Item 3 - Page 25, 43 BINDING ON HEIRS AND SUCCESSORS F All the terms, covenants and conditions of this Agreement shall inure to the benefit of and be binding upon the parties and their successors, mcluding, without limitation, their assignees, encumbrancers, occupiers or users, sublicensees or other transferees The provisions of this Section shall not be deemed as a (1) waiver of any of the prohibitions and conditions against assignments, encumbrances, occupations or uses, sublicensees or other transfers s herembefore set forth or (2) Licensor's consent thereto 44 SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination or expiration of this Agreement shall so survive 45 WAIVER OF CLAIMS Licensee hereby waives any claim against Licensor, its officers, elected or appointed officials, employees agents or volunteers for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of this Agreement, or any part thereof, or caused by any ,judgment or award in any suit or proceeding declaring this Agreement null, void or voidable, or delaying the Agreement or any part thereof from being carried out 46 CONFLICT OF INTEREST Licensee warrants and covenants that no official or employee of Licensor nor any i business entity m which an official or employee of Licensor is interested, (1) has been employed or retained by Licensee to solicit or aid in the procuring of this Agreement or (2) shall be i t employed by Licensee in the performance of this Agreement without the immediate written divulgence of such fact to Licensor In the event Licensor determines that the employment of x any such official, employee or business entity is not compatible with such official's or , x employee's duties as an official or employee of Licensor, Licensee, upon request of Licensor, 07-"7n486 21 3 3 (tern 3 -Page 26 -46- shall terminate such employment immediately For default or violation of this Section, Licensor shall have the right both to terminate this Agreement without liability and, in its discretion x recover the full amount of any such compensation paid to such official, employee or business entity No official or employee of Licensor shall have any financial interest in this Agreement in violation of the applicable provisions of the Calt�ornia Government Code ' 47 INDEPENDENT CQNTRACTQR Licensee is, and shall be, acting at all times in the performance of this Agreement 0 as an independent contractor herein and not as an employee of Licensor Licensee shall secure at its expense, and be responsible for all payment of all taxes, social security, state disability It insurance compensation, unemployment compensation and other payroll deductions of Licensee and its officers, agents and employees and all business licenses, if any, in connection with the servtc,es to be performed hereunder 48 LEGAL SERVICES SUBCONTRACTING PROHIBITED i Licensee and Licensor agree that Licensor is not liable for payment: of any subcontractor work involving legal services and that such legal services are expressly outside the scope of services contemplated Hereunder Licensee understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for Licensor, and Licensor shall not be liable for payment of any legal services expenses incurred by Licensee 49 SECTION HEADINGS The titles, captions, section paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are X included solely for convenience of reference only and are not representative of matters included or excluded from such provisions and do not interpret, define, limit or describe, or construe the ©7 847n486 22 a -47- Item 3 - Page 27 intent of the parties or affect the construction or interpretation of any provision of this A Agreement 50 MODIFICATION I No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 51 INTERPRETATION OF THIS AGREEMENT ` The language of all parts of this Agreement shall in all cases be construed as a t whole, according to its fair meaning, and not strictly for or against any of the parries If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement No covenant or provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation t contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 52 GOVERNING LAW s 'Phis Agreement shall be governed and construed in accordance with the laws of the State of California F z cn 847n486 23 Item 3 - Page 28 -48- 53 MEDIATION Before either of the parties files a lawsuit regarding a dispute with respect to this , { Agreement, the parties will attempt to resolve any such dispute through mediation The parties shall mutually select a third -party mediator and share the costs of such: mediator 54 ATTORNE'Y'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall f bear its own attorney's fees such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party 55 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original Each duplicate original shall be t deemed an original instrument as against any party who signed it 56 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations, inducements promises, agreements or warranties oral or otherwise have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this 3 Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or � circumstance not expressly set forth in this Agreement The Agreement, and the attached 07-847n486 24 i -49- Item 3 - Page 29 exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, the Premises, the licensing of the Premises to Licensee, or the term created under this Agreement and supercede all prior understandings and agreements, whether oral or in writing between the parties respecting the subject matter hereof IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ,jam_ &a , 2007 LICENSEE LICENSOR CHI[-DRENT S BUREAU OF SOUTHERN CITY OF HUNTINGTON BEACH a CALIFORNIA, a California municipal corporation of the State of nonprofit corporation California By�� J �`.c., �1aycr led .�.. — pnnt name ITS (circle arse) ChatM restde Nice President ity Clerk 4 By A I A -a Wa'� print name -� ITS (cCvvle one) Secretary hief Financial Officer st Secretary — Treasurer`- APPROVED AS TO FORM yAney 0,1( - !- M INITIATED AND APPROVED hector of Communit ervices REVIEWED AND APPROVED 4 � - - C'--4L � ."_ Cit3dAdmimstrator 47 847n486 25 Item 3 - Page 30 -50- x 1 it "All no premms u commonly known as 17261 Oak Lane, Hunttug on Beach, CA 92647, whose southwest corner is located aMox mately 100 feet south and 125 feet west from the most northeasterly corner of Orange County assessor's parcel 165-24137, see Fxktnt "B" more specflcaily described as The north 430 00 feet of the south 1090 00 fed of the east 460 00 feet of the east half of the Southwest Quarter of the Northeast {quarter of Section 26, Township S Sonth, Range 11 West, as shown on a map recorded in Book 51, Page 13 Miscellaneous Maps Records of Orange County Fxoeptang iheref om the north 330 00 feet of the west 263 56 feet -51- Item 3 - Page 31 V as as Aa a AAK Kew EL@iMfH7XAY 1p19CG1t AsG9RW ISM TRACT AU 4OW A!! AI AN - !O #/ i7 ff A42 BM At At 3G9 - J*, 40 #ss-24 23 AUZY IN o �+ O LAW O G Cp O O O O 5 S o a d (iol 011 CJ6 0 QC a CIRCLE w A. Oa CR (®R O O a 3' 4 ter OF WNW N C%j ATTACHMENT AMENDMFN 1 NO 1 ro NON EXCLUSIVE LICI,NSF AGREEMENT BEI WI-1-N THE CI1 Y Ol, HUNTINGTON BEACH AND Cl III DRFN S BUREALi OF SOUTHERN CALIFORNIA FIIIS AMENDM%NF NO 1 to the NON-FXCI USIVE LICENSE AGREEMENT' (the Agi eement ) is made and entered into by and between the CITY OF HUNTINGTON BEACH a municipal corporation of the State of California (hereinafter 'City") and CHILDREN S BUREAU OF SOUTHERN CALIFORNIA a California nonprofit corporation ( Licensee ) WHEREAS City and I icenscC, are parties to that certain agreement dated April 2 2007 entitled Non -Exclusive License Agreement Between the City of Huntington Beach and Children s Bureau of Southern California which agreement shall hereinafter be referred to as the Original Agreement and Since entering into the Original Agreement City and I icensee wish to modify Licensee s responsibilities and to extend the term of the Original Agreement NOw FHFRFFORF it is agreed by City and I icensee as follows 1 Paragraph 4 LICENSEE S RESPONSIBILI`IIES FOR OPERATING A COMMUNITY CENTER PROGRAM of the Original Agreement is amended as follows Licensee shall do all of the following (a) Obtain and maintain any goN erntrientat licenses, permits and approvals required to enable Licensee to operatC, a commiuiAN center program on the Premises tb) Pro -vide full-v qualified staff and instructors for a community center program in aC cordance «ith arty {ipplicable got ernmental r(,quirenlents (c) Tien ide am equipment supplies and materials required to operate tht., e,onlnlunit*' center program (d) lmmcdiately notify Licensor in writing of any lawsuits citations or claims against I iccnsee or anv of its emplo-,ees agents or volunteers for nL.gligence violations of law or misconduct (e) Provide a drop -in recreation program during the following times 2 00 p m— 6 00 p in 'Monday through Fridav and 10 00 a m— 4 00 p in Saturday (1) Provide a family resource center which should offer 5 outh and teen programs counseling scry ices and cultural classes (g) Upon the delivery of United States Department of Agriculture Lomimodities provide the distribution of such commodities to the community t h) Attend quarterl) meetings of the Oakv iew Tasty Force (i) Coordinate with Oakview Elementary School for the use of the Premises for awards arts programs and parent presentations (J t Provide the use of the Premises free of charge for the Adult Literacy Program in coordination with the Oakview Branch Library (k) Provide the Premises free of charge to Oakview High School for monthly studtnt and parent meetings, (1 ) Provide recreation and social activities, as necessary to meet community needs in the Oakview area, subject to Licensee s ability to obtain liability insurance for such activ ities at commercially reasonable rates and (m) Obtam Licensor s written approval for any material modifications or changes to Sections 4(a) through (n) above Licensee s obligation to provide the above-reterenced services is contingf nt upon 1 icensee receiving Fifty Three Thousand Four Dollars ($53 004 00) per vear in funding from Citv for funding programs at the Oakviev-, Community Center which are imutuall) agreed to by the parties to this Agreement Notwithstanding the foregoing Cm is under no obligation to pro-, ide anv additional funding to Licensee should City in its sole discretion choose not to do so 2 paragraph 8 TERM_ is amended as tollovvs [his A.gmcment shall commence at 12 01 a n, on May 1 2007 for tvvo t-,vo vear terms the second tarn to expire at 11 59 p rn on .tune 30 2011 unless Soong tcrininated as Syr 8 1- 001 0" 1 2 proN ideal for hcrc.in the parties wish to c.xtLnd this term so that the Agreement shall automatu.ali,, r,-new on July 1 2011 for one additional two NLar term to expire at 11 39 p m on June 3)0, 2013 unless either part-, bN December 31 2012 ,i-,cs the other partv written notice of its intent not to rcnc w for the additional terns > REAL L IRMAJ ION E reept is specifically modified hcrein ill other terms and conditions of the Original Agreemcnt shall remain in full force and effect IN WIf NESS WHEREOI the parties hereto ha-,e caused this Agreement to be executed b-v ind through their authorized officers on �(.t L �% 06 2010 LICLNS E ( HII DREN 5 BUREAU OF SOUTHERN C AL IFORNI A a California nonpiofit corporation BN Al Q oi'atoS _ r rant name. 1'1 '' (circle, on) Chainnan' resu�ent�Vtcc President 13ti u I1A { rint nama: /`'�'�� 111[ i (circle one) S-crctan Chit-inawctal OfflC-ryAsst Semtan — 1 reasurer 0"1 847 001i-46,4a INITI'11 LD AND APPROVED (:�L� Director of C ommu tyr Services V14DAND APPROVED Administrator APPROVED AS T'O LORM City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L FLYNN CITY CLERIC July 7 2010 Children s Bureau of Southern California 50 South Anaheim Blvd Ste 241 Anaheim CA 92805-2961 To Whom it May Concern Enclosed for your records are two fully executed duplicate originals of the Non -Exclusive License Agreement between the City of Huntington Beach and Children s Bureau of Southern California for operation of the Oak View Center Sincerely JF pe Enclosures G followup agrmtltr Sister Cities Anjo, Japan o Waltakere, New Zealand (Telephone 714 536 5227) Council/Agency Meeting Held: Deferred/Continued to: A T roved Conditionally Approv d ❑ Denied i71M..mber- rk's ignatu Council Meeting Date: 4/02/2007 Department CS07-009 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENEL"PECUETH-GRAFT, D A, CITY ADMINISTRATOR PREPARED BY: JIM B. ENGLE, DIRECTOR, COMMUNITY SERVIC SUBJECT: APPROVE THE NON-EXCLUSIVE LICENSE AGRE ENT WITH THE CHILDREN'S BUREAU OF SOUTHERN CALIFORN FOR OPERATION OF THE OAK VIEW CENTER Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the city renew the non-exclusive license agreement with the Children's Bureau of Southern California to operate the Oak View Center? Funding Source: City Council -approved Community Development Block Grant (CDBG), funds in the amount of $53,004 have been designated in Account No. 85782005, Oak View Community Center for FY06/07 for the balance of the calendar year. For FY07/08, CDBG funds are being requested in the amount of $53,004. Recommended Action: Motion to: Approve the Non -Exclusive License Agreement between the City of Huntington Beach and Children's Bureau of Southern California for the operation of the Oak View Center, and authorize the Mayor and the City Clerk to sign the agreement. Alternative Action(s): 1) Close the Oak View Center; 2) Direct staff to negotiate alternate terms and conditions with the Children's Bureau, or 3) Direct staff to negotiate an agreement with another non-profit agency for the operation of the Oak View Center. Z: 4 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 4/02/2007 DEPARTMENT ID NUMBER:, CS07-009 Analysis: In 2003, City Council approved a non-exclusive license agreement for operation of the Oak View Center by the Children's Bureau. For the past four years, Children's Bureau has successfully operated the center according to the scope of work outlined in Section 4 of the previous agreement. With Council approval of this non-exclusive license agreement (Attachment 1), Children's Bureau will continue to operate the Oak View Center as outlined in Section 4 of the attached agreement beginning May 1, 2007. Note: There are no substantive changes to the agreement. The Children's Bureau is taking responsibility for telecommunications including telephone and computer related access. The Children's Bureau is a 501(c)(3) non-profit agency whose mission is to provide children and family services both directly and through collaboration with other non-profit and governmental agencies. Since beginning operation of the community center in 2003, the Oak View Center has been providing family services and recreational activities for the Oak View community. The agreement has fostered a good working relationship between the two agencies with the city overseeing the Oak View Task Force, and the Community Services Department providing oversight and coordination of the Children's Bureau agreement. The basic terms and conditions of the Children's Bureau agreement include the city's continued maintenance of the interior and exterior of the Oak View facility, and provision of $53,004 per year to Children's Bureau in operating funds for Oak View programming. The agreement contains a clause that allows the Children's Bureau to cancel the agreement with 30 days notice if the funding is not available to implement the agreement. The city may also cancel the agreement with 30 days notice at its discretion. The Children's Bureau has provided the required insurance and documentation of 501(c)(3) non-profit status. Staff is recommending Council approve the agreement so that services can continue with the Oak View neighborhood. Environmental Status: N/A Attachment(s): Author: J. Laudenback/mkl -2- 3/19/2007 11:11 AM ATTACHMENT #1 • NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA Table of Contents 1 Premises and Permission to Use...........................................................................1 2. Superseding of Prior Agreement.......................................................................... 2 3 Contract Administrator.........................................................................................2 4 Licensee's Responsibilities for Operating a Community Center Program ............ 2 5 Licensor's Responsibilities................................................................................... 4 6 License Fee........................................................................................................... 5 7 Time of Essence.................................................................................................... 5 8 Term.........................:........................................................................................... 5 9 Non -Possessory Interest....................................................................................... 5 10 Non-Recording..................................................................................................... 6 11 Indemnification, Defense and Hold Harmless Agreement ................................... 6 12 Workers' Compensation and Employers' Liability Insurance ............................... 6 13 General Public Liability Insurance....................................................................... 7 14 Certificates of Insurance; Additional Insured Endorsements ............................... 8 15 Insurance Hazards................................................................................................ 8 16 Hazardous Substances.......................................................................................... 9 17 Nondiscrimination................................................................................................10 18 Relocation and Assistance....................................................................................11 19 Care of Premises...................................................................................................12 20 Inspection of Premises..........................................................................................12 21 Licensor's Option to Close the Premises..............................................................13 22 Public Necessity...................................................................................................13 23 Payment of Utility Charges..................................................................................13 24 Real Property Taxes..............................................................................................14 25 Personal Property Taxes and Business License....................................................14 26 Payment of Obligations........................................................................................14 27 Compliance with Laws.........................................................................................14 28 Damage, Destruction or Nuisance........................................................................15 29 Liens.....................................................................................................................15 30 No Condemnation Value to Licensee...................................................................16 31 Termination..........................................................................................................16 32 Hold Over.............................................................................................................16 33 Installation and Removal of Trade Fixtures.........................................................16 34 Restoration and Surrender of Premises/Title to Improvements ............................17 35 Default by Licensee..............................................................................................18 36 Insolvency of Licensee.........................................................................................18 37 Cumulative Remedies...........................................................................................18 38 No Assignment.....................................................................................................19 39 Waiver of Default.................................................................................................19 40 Consent.................................................................................................................19 41 Force Majeure - Unavoidable Delays...................................................................19 42 Notice....................................................................................................................20 43 Binding on Heirs and Successors......................................................................... 20 44 Survival.................................................................................................................20 45 Waiver of Claims.................................................................................................. 21 07-847/7486 i 46 Conflict of Interest................................................................................................ 21 47 Independent Contractor........................................................................................ 21 48 Legal Services Subcontracting Prohibited............................................................ 22 49 Section Headings.................................................................................................. 22 50 Modification......................................................................................................... 22 51 Interpretation of this Agreement........................................................................... 22 52 Governing Law..................................................................................................... 23 53 Mediation..............................................................................................................23 54 Attorney's Fees..................................................................................................... 23 55 Duplicate Original................................................................................................24 56 Entirety................................................................................................................. 24 07-847/7486 ii NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CHILDREN' S BUREAU OF SOUTHERN CALIFORNIA THIS NON-EXCLUSIVE LICENSE AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("Licensor"), and CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA, a California nonprofit corporation ("Licensee"). WHEREAS, Licensee represents and warrants that it is a nonprofit organization that wishes to operate programs and activities in recreation and human services at the Oakview Community Center, and that there are no lawsuits or claims against it or any of its employees, agents or volunteers, for negligence, violations of law or misconduct; and Licensee desires to use Licensor's real property located at 17261 Oak Lane, in Huntington Beach, for recreation and human services programs; and Licensor has relied on Licensee's above representation and warranties as a basis for entering into this Agreement and on that basis desires to allow such use. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. PREMISES AND PERMISSION TO USE Licensor owns the real property located at 17261 Oak Lane, Huntington Beach, California, known as the Oakview Community Center, whose legal description is set forth in Exhibit "A" and whose location is depicted in the map provided in Exhibit "B" (the "Premises"), which are attached hereto and fully incorporated herein. Licensor grants to Licensee a non-exclusive license to provide and operate a community center program on the 07-847/7486 1 Premises. The license granted herein is conditioned on Licensee operating the community center program discussed herein. The right and permission of Licensee is subordinate to the prior and paramount right of Licensor to use the Premises for public purposes to which it is now and may, at the option of Licensor, be devoted. Licensee undertakes and agrees to use the Premises and to exercise this license at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Premises by Licensor. Licensee hereby acknowledges title to the Premises is vested in Licensor and agrees never to assail or resist the same, and further agrees that Licensee's. use and occupancy of the Premises shall be referable solely to the permission herein given. Licensee agrees to obtain prior written approval from Licensor before any alteration or expansion of the Premises. 2. SUPERSEDING OF PRIOR AGREEMENT This Agreement shall supersede and replace any existing agreement(s) for the Premises currently entered into by and between the parties and all supplemental agreement(s) entered into by and between the parties regarding the existing agreement(s). 3. CONTRACT ADMINISTRATOR Licensor's Director of Community Services, or his designee, shall be the Licensor's Contract Administrator for this Agreement with the authority to act on behalf of Licensor for the purposes of this Agreement, and all approvals and notices required to be given herein shall be so directed and addressed. 4. LICENSEE'S RESPONSIBILITIES FOR OPERATING A COMMUNITY CENTER PROGRAM Licensee shall do all of the following: 07-847/7486 2 (a) Obtain and maintain any governmental licenses, permits and approvals required to enable Licensee to operate a community center program on the Premises; (b) Provide fully qualified staff and instructors for a community center program in accordance with any applicable governmental requirements; (c) Provide any equipment, supplies and materials required to operate the community center program; (d) Immediately notify Licensor in writing of any lawsuits, citations or claims against Licensee or any of its employees, agents or volunteers for negligence, violations of law or misconduct; (e) Provide a drop -in, recreation program during the following times: 2:00 p.m. — 6:00 p.m. Monday through Friday; and 10:00 a.m. — 4:00 p.m. Saturday; (f) Provide a family resource center, which should offer youth and teen programs, counseling services and cultural classes; (g) Upon the delivery of United States Department of Agriculture commodities, provide the distribution of such commodities to the community; month; (h) Coordinate holiday food baskets with St. Bonaventure's HOPE Office; (i) Attend meetings of the Oakview Task Force on the third Thursday of each 0) Coordinate with Oakview Elementary School for the use of the Premises for awards, arts programs and parent presentations; (k) Provide the use of the Premises free of charge for the Adult Literacy Program in coordination with the Oakview Branch Library; 07-847/7486 3 (1) Provide the Premises free of charge to Oakview High School for monthly student and parent meetings; (m) Provide recreation and social activities, as necessary, to meet community needs in the Oakview area, subject to Licensee's ability to obtain liability insurance for such activities at commercially reasonable rates; and (n) Obtain Licensor's written approval for any material modifications or changes to Sections 4(a) through (n) above. Licensee's obligation to provide the above -referenced services is contingent upon Licensee receiving Fifty-three Thousand Four Dollars ($53,004.00) per year in funding from Licensor, which funding Licensor is obtaining from a Community Development Block Grant ("CDBG") for funding programs at the Oakview Community Center which are mutually agreed to by the parties to this Agreement. Notwithstanding the foregoing, Licensor is under no obligation to provide any additional funding to Licensee should Licensor, in its sole discretion, choose not to do so. 5. LICENSOR'S RESPONSIBILITIES Licensor shall be responsible for providing to Licensee the Premises for Licensee to provide all services required in Section 4 herein. In addition, Licensor shall act on behalf of Licensee to obtain CDBG funding for Licensee's programs as stated in Section 4 herein. Licensor shall provide the exterior and interior building and grounds maintenance as outlined in Section 19 herein. Licensor shall be responsible for all maintenance and supervision of outdoor facilities at the Premises, including the play equipment, skateboard park and athletic fields Licensor shall provide oversight of Licensee's programs through the Licensor's Community Services Department, Superintendent of Recreation, Human & Cultural Services. Licensor shall 07-847/7486 4 coordinate the meetings of the Oakview Task Force and oversee services of the Salvation Army Office. 6. LICENSE FEE Licensee shall pay Licensor One Dollar ($1.00) per year for use of the Premises (the "License Fee"). 7. TIME OF ESSENCE Time shall be the essence of this Agreement and each and all of its terms, covenants or conditions in which performance is a factor. 8. TERM This Agreement shall commence at 12:01 a.m. on May 1, 2007, for a two-year term, which shall expire at 11:59 p.m. on April 30, 2009, unless extended, or sooner terminated, as provided for herein. At the end of the initial term, this Agreement shall automatically renew for one additional two-year term unless either party, by December 31, 2008, gives the other party written notice of its intent not to renew for the additional term. 9. NON -POSSESSORY INTEREST Licensor retains full possession of the Premises and any improvements or personal property owned by Licensor on the Premises. Licensee will not acquire any interest in the Premises, improvements or property, either temporary, permanent, irrevocable, possessory or otherwise, by reason of this Agreement or by the exercise of the permission given herein. Licensee shall make no claim to any such interest. Any violation of this provision by Licensee will immediately void and terminate this Agreement. 10. NON -RECORDING Licensee shall not record this Agreement. 07-847/7486 5 11. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS AGREEMENT Licensee hereby agrees to protect, defend, indemnify and hold harmless Licensor, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation (including arbitration) of every nature or liability of any kind or nature) arising out of or in connection with (1) the use or occupancy of the Premises by Licensee, its officers, employees or agents, or (2) the death or injury of any person or the damage to property caused by any act or omission of Licensee, its officers, employees or agents, or (3) Licensee's (or Licensee's agents and/or sublicensee, if any) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by Licensee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Licensor. Licensee will conduct all defense at its sole cost and expense and Licensor shall approve selection of Licensee's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Licensee. 12. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE Licensee acknowledges awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. Licensee covenants that it shall comply with such provisions prior to the commencement of this Agreement. Licensee shall obtain and furnish to Licensor workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. Licensee shall require all its sublicensees and contractors to provide such workers' compensation and employers' liability 07-847/7486 6 insurance for all of the sublicensees' and contractors' employees. Licensee shall furnish to Licensor a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and Licensee shall similarly require all sublicenses and contractors to waive subrogation. 13. GENERAL PUBLIC LIABILITY INSURANCE In addition to the workers' compensation and employers' liability insurance and Licensee's covenant to defend, hold harmless and indemnify Licensor, Licensee shall obtain and furnish to Licensor, a policy of general public liability insurance, including motor vehicle coverage against any and all claims arising out of or in connection with the Premises. This policy shall indemnify Licensee, its officers, employees and agents, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Premises, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000.00) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000.00) for the Premises. This policy shall name Licensor, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Agreement shall be deemed excess coverage and that Licensee's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 07-847/7486 7 14. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this Agreement, Licensee shall furnish to Licensor certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: (a) provide the name and policy number of each carrier and policy; (b) shall state that the policy is currently in force; and (c) shall promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of Licensor; however ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Licensee shall maintain the foregoing insurance coverages in force during the entire term of the Agreement or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverages shall not derogate from Licensee's defense, hold harmless and indemnification obligations as set forth in this Agreement. Licensor or its representatives shall at all times have the right to demand the original or a copy of any or all the policies of insurance. Licensee shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 15. INSURANCE HAZARDS Licensee shall not commit or permit the commission of any acts on the Premises nor use or permit the use of the Premises in any manner that will increase the existing rates for, or cause the cancellation of any liability, property, or other insurance policy for the Premises or required by this Agreement. Licensee shall, at its sole cost and expense, comply with all 07-847/7486 8 requirements of any insurance carrier providing any insurance policy for the Premises or required by this Agreement necessary for the continued maintenance of these policies at reasonable rates. 16. HAZARDOUS SUBSTANCES Licensee represents and warrants that its use or occupation of the Premises shall not generate any Hazardous Substance (as defined below in this Section), and it shall not store or dispose on the Premises nor transport to or over the Premises any Hazardous Substance during the entire term of this Agreement or any renewals or extensions thereof or during any holdover period. The foregoing restrictions shall not be deemed to restrict or prohibit the use by Licensee of ordinary cleaning products as customarily used in Licensee's ordinary course of business at the Premises, provided that Licensee complies with all provisions of law as to the use, storage and disposal of such products. Licensee further agrees to clean up and remediate any such Hazardous Substance resulting from or caused by Licensee's or any of its agent's use of the Premises and/or the performance of this Agreement by Licensee or any of its agents. Licensee further agrees to protect, defend, indemnify and hold harmless Licensor, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation (including arbitration) of every nature or liability of any kind or nature) arising out of or in connection with any such Hazardous Substance and any damage, loss, or expense or liability resulting from any such Hazardous Substance including, without limitation, all attorney's fees, costs and penalties incurred as a result thereof except any release caused by the sole negligence or willful misconduct of Licensor. Licensee will conduct all defense at its sole cost and expense and Licensor shall approve selection of Licensee's counsel. 07-847/7486 9 This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Licensee. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as a hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term, by any Federal, State or local environmental law, regulation or rule presently in effect or promulgated in the future, as such law, regulation or rule may be amended from time to time; and it shall be interpreted to include, without limitation, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 17. NONDISCRIMINATION Licensee and its employees shall not discriminate because of race, religion, color, ancestry, sex, age, national origin or physical handicap against any person by refusing to furnish such person any accommodation, facility, rental, service or privilege offered to or enjoyed by the general public. Nor shall Licensee or its employees publicize the accommodation, facilities, rentals, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, religion, color, ancestry, sex, age, national origin or physical handicap. In the performance of this Agreement, Licensee shall not discriminate against any employee or applicant for employment, because of race, religion, color, ancestry, sex, age, national origin or physical handicap. Licensee shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, religion, color, ancestry, sex, age, national origin or physical handicap. Such action shall include, without limitation, the following: employment, upgrading, demotion or transfer; 07-847/7486 10 recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including, without limitation, apprenticeship. Licensee shall post in conspicuous places, available to all employees and applicants for employment, notices setting forth the provisions of this Section. Licensee shall permit access to its records of employment, employment advertisements, application forms, and other pertinent data and records by Licensor, the State Fair Employment Practices Commission or any other agency with jurisdiction over these matters, for the purpose of investigation to ascertain compliance with this Section. Licensor may determine a violation of this Section to have occurred upon receipt of a final judgment having that effect from a court in an action to which Licensee was a party, or. upon receipt of a written notice from the State Fair Employment Practices Commission or other government agency with jurisdiction over these matters that it has investigated and determined that Licensee has violated the Fair Employment Practices Act or other applicable discrimination law and has issued an order which has become final, or obtained an injunction. In the event of violation of this Section, Licensor shall have the right to terminate this Agreement, and any loss of revenue sustained by Licensor by reason thereof shall be borne and paid for by Licensee, at Licensee's sole cost and expense. 18. RELOCATION AND ASSISTANCE In the event this Agreement is terminated for any legal reason by Licensor, Licensee shall not be entitled to any relocation rights or benefits and expressly waives such benefits and rights under local, State or Federal relocation assistance plans. 19. CARE OF PREMISES Licensor shall do all of the following: 07-847/7486 11 (a) Licensor shall be solely responsible for all exterior maintenance including landscaping; and (b) Licensor shall be solely responsible for non -custodial interior maintenance excluding modifications made to any office, voice or data equipment to accommodate the Children's Bureau Family and Community Center Program. Licensee shall do all of the following: (a) Licensee shall be solely responsible for all interior custodial maintenance of the Premises and the community center program; (b) Licensee shall not obstruct, cause or permit any obstruction surrounding the Premises or any part thereof in any manner, whatsoever; and (c) Licensee shall comply with all written notices served by Licensor with regard to the care and maintenance of the Premises. Licensor may provide written notice specifying the work to be done, the estimated cost of such work and the period of time deemed to be reasonably necessary for completion of such work. Should Licensee fail to comply with Licensor's written notice within fifteen (15) days, or within a time deemed reasonably necessary of the time specified therein, Licensee shall immediately pay over to Licensor the estimated cost of such work as set forth in the notice. Upon receipt of such sum, Licensor shall then proceed to cause the required work to be performed. 07-847/7486 12 20. INSPECTION OF PREMISES Without advance notice given by Licensor to Licensee, Licensee shall permit Licensor or Licensor's agents, representatives or employees to enter the Premises at all reasonable times for the purpose of inspecting, investigating and surveying the Premises to determine whether Licensee is complying with the terms of this Agreement and for the purpose of performing other lawful acts that may be necessary to protect Licensor's interest in the Premises or to perform Licensor's duties under this Agreement. Licensor also shall have the right in its sole discretion to perform any and all work of any nature necessary for the preservation, maintenance and operation of property owned, controlled or occupied by Licensor. Licensee shall be given reasonable notice when such work becomes necessary, and Licensee shall adjust its operations on the Premises in such a manner that Licensor may proceed expeditiously. 21. LICENSOR' S OPTION TO CLOSE THE PREMISES Licensor may close the Premises without liability and without advance notice to Licensee therefore at any time as Licensor in its sole discretion deems necessary for the protection of life, limb or property, or for public health, safety or welfare purposes, or upon reasonable notice to effect any repair, remodeling or rebuilding deemed necessary by Licensor in its sole discretion. 22. PUBLIC NECESSITY Licensor may, upon twenty-four (24) hours notice in writing to Licensee, suspend or revoke this Agreement without liability to Licensee when public necessity so requires, or suspend operation immediately hereunder temporarily in the event of public emergency, as may 07-847/7486 13 be determined by the City Administrator in his or her sole discretion. Such suspension will terminate when the public necessity or emergency no longer exists. 23. PAYMENT OF UTILITY CHARGES Licensee shall pay, and hold Licensor and the property of Licensor free and harmless from, all charges for telephone services on the Premises during the entire term of this Agreement or any renewals or extensions thereof. Licensor shall provide for all charges for the furnishing of gas, water, electricity and other public utilities for the Premises, and for the removal of garbage and rubbish from the Premises. 24. REAL PROPERTY TAXES All real property taxes levied or assessed against the Premises by any governmental entity shall be timely paid by Licensor. 25. PERSONAL PROPERTY TAXES AND BUSINESS LICENSE Licensee shall timely pay all taxes, assessments, or other charges levied or imposed by any governmental entity on the trade fixtures and other personal property placed by, Licensee in, on, or about the Premises including, without limiting the generality of the other terms used in this Section, any shelves, counters, partitions, fixtures, machinery and equipment, brought on the Premises by Licensee. Licensee shall also maintain a business license from Licensor. 26. PAYMENT OF OBLIGATIONS Licensee shall promptly pay, at its sole cost and expense, before they become delinquent, any and all bills, debts, liabilities and obligations incurred by Licensee in connection with Licensee's occupation and use of the Premises and/or operation of the community center 07-847/7486 14 program. Upon request, Licensee shall promptly furnish to Licensor satisfactory evidence establishing such payment. 27. COMPLIANCE WITH LAWS Licensee, at its sole cost and expense, shall comply with all statutes, ordinances, regulations and requirements of all governmental entities, including, without limitation, Federal, State, county or municipal, relating to Licensee's use and occupancy of the Premises whether such statutes, ordinances, regulations and requirements be now in force or hereinafter enacted. This Agreement is expressly subject to the laws, regulations and policies of Licensor. Licensee shall deliver to Licensor a copy of any notice from any governmental entity received by Licensee regarding any alleged violation of law regarding the Agreement or Premises or from any person allegedly entitled to give notice under any conditions, covenants, or restrictions binding or affecting the Premises. The judgment of any court of competent jurisdiction, or the admission by Licensee in a proceeding brought against Licensee by any government entity, that Licensee has violated any such statute, ordinance, regulation or requirement shall be conclusive as between Licensor and Licensee and shall be grounds for termination of this Agreement by Licensor. 28. DAMAGE, DESTRUCTION OR NUISANCE Licensee shall not commit or permit the commission by others of any damage or destruction of, on, or to the Premises. Licensee shall not maintain, commit or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Premises; and Licensee shall not use or permit the use of the Premises for any unlawful purpose. 07-847/7486 15 29. LIENS Licensee shall not permit any mechanics' or materialmens' or other liens to stand against the Premises by reason of any use or occupancy by Licensee, or any person claiming under Licensee. If Licensee desires to contest or withhold any payment which would lead to the placement of any liens or contest any such liens, then prior to commencing such contest and withholding, Licensee shall furnish Licensor with a bond to secure the payment of such obligation and obtain Licensor's prior written approval of the bond. 30. NO CONDEMNATION VALUE TO LICENSEE If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Licensor. This Agreement shall have no condemnation value to Licensee. 31. TERMINATION Licensor may terminate this Agreement at any time with or without cause, upon thirty (30) days prior written notice to Licensee. Licensee may terminate this Agreement in the event its anticipated federal or state funding for support of the community center program becomes unsuitable or is otherwise terminated or if Licensor fails to provide the funding to Licensee identified in Section 4 above, upon thirty (30) days prior written notice to Licensor. 32. HOLD OVER Should Licensee hold over and continue in possession of the Premises after expiration of the term of this Agreement or any extensions or renewals thereof, Licensee's continued occupancy of the Premises shall be considered a month -to -month license subject to all the terms and conditions of this Agreement. 07-847/7486 16 33. INSTALLATION AND REMOVAL OF TRADE FIXTURES Licensee shall provide any equipment, supplies and materials required to operate the community center program. In addition, Licensee shall have the right at any time and from time to time during the term of this Agreement and any renewal or extension thereof, at Licensee's sole cost and expense, to install and affix in, to, or on the Premises such items, herein called "trade fixtures," for use in Licensee's trade or business as Licensee may, in its discretion, deem advisable. Any and all such trade fixtures that can be removed without structural damage to the Premises or any building or improvements on the Premises shall, subject to Section 34 of this Agreement, remain the property of Licensee and may be removed by Licensee at any time prior to the expiration or sooner termination of this License. 34. RESTORATION AND SURRENDER OF PREMISES/TITLE TO IMPROVEMENTS On expiration or termination of this Agreement, Licensee shall, without compensation to Licensee, promptly surrender and deliver the Premises to Licensor in as good condition as such were at the commencement date of this Agreement, reasonable wear and tear excepted. Licensee also shall, without compensation to Licensee, surrender all improvements to Licensor in good condition and repair, ordinary wear and tear excepted, free and clear of all liens and encumbrances. Licensee also shall remove all of its trade fixtures and other personal property. Licensor may in its sole discretion accept all or any portion of the Premises, as then improved with improvements and no sum whatsoever shall be paid to Licensee or any other person; or Licensor may require Licensee to remove all or any portion of such improvements, at Licensee's own risk and cost and expense; or Licensor may itself remove or have removed all or any portion of such improvements, at Licensee's own risk and cost and expense. If required by 07-847/7486 17 Licensor to do so, in removing any such improvements, Licensee shall restore the Premises as nearly as possible to the conditions existing prior to their installation or construction. All such removal and restoration shall be to the satisfaction of Licensor and shall be completed within thirty (30) days of the expiration or termination of this Agreement, provided, however, that Licensee shall be considered a holdover licensee after expiration or termination of the Agreement until the time Licensee completes this removal and restoration work, including, without limitation, the removal of all of its trade fixtures and other personal property left on the Premises. In addition, all of Licensee's trade fixtures and other personal property left on the Premises after the expiration of this 30-day period, regardless of cause, shall be deemed abandoned by Licensee. In Licensor's sole discretion, it may choose to do one or more of the following: (1) take any or all of such trade fixtures and other personal property as Licensor's property; (2) store any or all of such trade fixtures and other personal property in a public warehouse or other location at the sole cost, expense and risk of Licensee, and for the account and in the name of Licensee; or (3) dispose of any or all of such trade fixtures and other personal property without any liability to Licensee. In addition, Licensee's indemnification, hold harmless and defense obligations set forth in this Agreement shall apply to such trade fixtures and/or other personal property, and to Licensor's action with respect thereo. 35. DEFAULT BY LICENSEE Should Licensee default in the performance of any of the terms, conditions, or obligations contained in the Agreement, Licensor may, in addition to the remedies specified herein, re-enter and regain possession of the Premises in the manner provided by the laws of the State of California then in effect. 07-847/7486 18 36. INSOLVENCY OF LICENSEE The insolvency of Licensee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Licensee, or the making of a general assignment for the benefit of creditors by Licensee, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle Licensor to re-enter and regain possession of the Premises. 37. CUMULATIVE REMEDIES The remedies given to Licensor in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 38. NO ASSIGNMENT This Agreement is personal to Licensee, and Licensee shall not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party. 39. WAIVER OF DEFAULT The waiver by Licensor of any default by Licensee of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent default by Licensee either of the same or another provision of this Agreement. 40. CONSENT When Licensor's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 07-847/7486 19 41. FORCE MAJEURE —UNAVOIDABLE DELAYS Should the performance of any act required by this Agreement to be performed by either Licensor or Licensee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act shall be extended for a period equivalent to the period of delay, and performance of the act during the period of delay shall be excused. Provided, however, that nothing contained in this Section shall excuse the prompt payment of the License Fee or other consideration by Licensee as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, Licensor or Licensee, required to perform the act. 42. NOTICE Unless specifically providing for verbal or electronic notice, all notices, certificates, or other communications required to be given hereunder shall be in writing and made in the following manner, and shall be sufficiently given and deemed received when (a) personally delivered; or (b) three (3) business days after being sent via United States certified mail — return receipt requested; or (c) one (1) business day after being sent by reputable overnight courier, in each case to the addresses specified below; provided that Licensor and Licensee, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: LICENSOR: LICENSEE: City of Huntington Beach Children's Bureau of Southern California Attn: Director of Community Services 50 South Anahiem Boulevard, Ste. 241 2000 Main Street Anaheim, CA 92805 Huntington Beach, CA 92647 07-847/7486 20 43. BINDING ON HEIRS AND SUCCESSORS All the terms, covenants and conditions of this Agreement shall inure to the benefit of and be binding upon the parties and their successors, including, without limitation, their assignees, encumbrancers, occupiers or users, sublicensees or other transferees. The provisions of this Section shall not be deemed as a (1) waiver of any of the prohibitions and conditions against assignments, encumbrances, occupations or uses, sublicensees or other transfers hereinbefore set forth, or (2) Licensor's consent thereto. 44. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination or expiration of this Agreement, shall so survive. 45. WAIVER OF CLAIMS Licensee hereby waives any claim against Licensor, its officers, elected or appointed officials, employees, agents or volunteers for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of this Agreement, or any part thereof, or caused by any judgment or award in any suit or proceeding declaring this Agreement null, void or voidable, or delaying the Agreement or any part thereof from being carried out. 46. CONFLICT OF INTEREST Licensee warrants and covenants that no official or employee of Licensor, nor any business entity in which an official or employee of Licensor is interested, (1) has been employed or retained by Licensee to solicit or aid in the procuring of this Agreement; or (2) shall be employed by Licensee in the performance of this Agreement without the immediate written divulgence of such fact to Licensor. In the event Licensor determines that the employment of any such official, employee or business entity is not compatible with such official's or employee's duties as an official or employee of Licensor, Licensee, upon request of Licensor, 07-847/7486 21 shall terminate such employment immediately. For default or violation of this Section, Licensor shall have the right both to terminate this Agreement without liability and, in its discretion, recover the full amount of any such compensation paid to such official, employee or business entity. No official or employee of Licensor shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 47. INDEPENDENT CONTRACTOR Licensee is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of Licensor. Licensee shall secure at its expense, and be responsible for all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions of Licensee and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 48. LEGAL SERVICES SUBCONTRACTING PROHIBITED Licensee and Licensor agree that Licensor is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Licensee understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for Licensor; and Licensor shall not be liable for payment of any legal services expenses incurred by Licensee. 49. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the 07-847/7486 22 intent of the parties or affect the construction or interpretation of any provision of this Agreement. 50. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 51. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 52. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 07-847/7486 23 53. MEDIATION Before either of the parties files a lawsuit regarding a dispute with respect to this Agreement, the parties will attempt to resolve any such dispute through mediation. The parties shall mutually select a third -party mediator and share the costs of such mediator. 54. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 55. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who signed it. 56. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise have been made by that party, or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. The Agreement, and the attached 07-847/7486 24 exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, the Premises, the licensing of the Premises to Licensee, or the term created under this Agreement and supercede all prior understandings and agreements, whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on -ApA& as , 2007. LICENSEE: CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA, a California nonprofit corporation By: AC:I-yc, rt.tc�i'lA(e print name ITS: (circle one) Chairma Preside ice President A By: print name ITS: (circle one) Secretary/ hief Financial Officer sst. Secretary — Treasurer LICENSOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California APPROVED AS TO FORM: Mn a4-s� tCity A orney INITIATED AND APPROVED: irector of Communit ervices REVIEWED AND APPROVED: Cit Administrator 07-847/7486 25 Exhibit "A" The premises is commonly known as 17261 Oak Lane, Huntington Beach, CA 92647, whose southwest corner is located approximately 100 feet south and 125 feet west from the most northeasterly corner of Orange County assessor's parcel 165-241-37, see Exhibit "B", more specifically described as: The north 430.00 feet of the south 1090.00 feet of the east 460.00 feet of the east half of the Southwest Quarter of the _ Northeast Quarter of Section 26, Township 5 South, Range 11 West, as shown on a map recorded in Book 51, Page 13, Miscellaneous Maps, Records of Orange County. Excepting therefrom the north 330.00 feet of the west 263.56 feet. TMKV VMPrAPA=)XMa U=*DLVn _ AlWnS N.E//4, SW114, N.E. //4, SEC, 26, T. 5S., R.11W L,sue 22 aW k LANE AY s .r gXI L'33 AC. \Q N V 4� l' AS. ZO. P8 Q 244 � v 7.I?AG OAK Y/EJY £L£YENTARY SCHOOL OAK VI" SCHOOL PARK 23 ALLEY erg, r a /a -7 ago=0000�o�o M 3 1 JACWFLYN LANE 3 arDo /a.oY N• 12 Q Q Q 1s ►T rs 0 i a /O T I 7 d .311t0� O�O�O O O O�< ti « s A&Rn%Fw CIRCLE 7 d., I Aw 2Ot"� 2qll ? �'• r* «• � ' d • k b H // sv /YM.M• Li �.• /S M• Ids, u• IN — ar Sax N/CHOLS ; STREET v 165-24 �E N N .1., r "4 MARCH /976 TRACT NO. 409/ M. M. /74 - /O, // mom -ASSESSOR'S BLOCK S ASSESSOR'S MAP CD AV. 8703r AL M 30 - 39, 40 PARCEL NUMBERS BOOK 165 PAGE 24 SHOWN Of CIRCLES COUNTY OF ORANGE 01/26/2007 13:43 7145365212 CITY HB RISK MGMT uii d�i'tdb7 15: 09 7145171911 CH ANAHEIM PAGE 02/04 PAGE 02 A,C CERTIFICATE OF LIABILITY INSURANCE vR G TW13 C'ERTIFICATb IS ISSUED AS A MAOhzlpmaa & 71�plsaiates ONLY AND CONFIERS NO RIGHTS UPON Liceus�e #0522024 HOLDER THIS C TIFICATE D09S N01 P. 0. nox 945S AMR THE COVERA0E AFFORDED SY Pasadena 0A, 011117-04SS Elhaue:626-409-0032, irax;626-405-0605 WSURRRSAPFORDINOC-0VERAGE Milldren's bureau of 391bno�d�oru.ia AA9el-M. CA 900041 INBURERA. AtNeepeSt znptIganae ftgpsl IN$NRER B; tNSURHP. C; — - INSURER D; 7iiE POLICIES OF ►KNRAME LISTED ReOW WAVE BKEN 163 EP TO THE INSURED NAMED ABOVfi FOR THE POLIO ANY RISWReWNT, TERM OR COND►TION OF ANY CONTRACT OR OTHER DOCUMENT WITH RF@PECT TO MOCH TN MAY PERTAIN, THE INWAANCE AFFORDED BY THE POLM41ISS DMCRI860 HEREIN 113 SUWMT TO ALL THE TERMS, POLICIES, AACRE514TE LIMITSI VOMMAY HA\M BEEN REDUCED BY PAID CLAIMS. LTR murAwE POUCYNUMBER DATfi A OA GQN�lRL. LIAAp.ItY A X �s�CIUGENE4a.LIAMUTY $aC0007664 19/27Ja6 11f27l07 CLAMLS MADE LiJ OCCA . X sex ,Abuse 3e Profeaa_ioaa,>_ ML A(IONWATE LIM RT APPLIES PER: POLICY Lac ALRUMOMu,E LIAM" A X ANY AUTO RZC00071564 11/27/04 11/27/07 ALL OWNEDAMP 9ChsrDle P11 Auros� E , VEIF ® F® Vic% T, Cl ttoillD Noel•ovrr�� At1Tp9 OARA0t L1AU.ftY ' ANY Alifo Lj E!(QESkAWBRELLA LIAMLITY x OCCUR cLAm w=- iiEL000746S 11l27/06 11/27/07 OWUCTALE R�7'ENfION $ WDRNQRS C0MP9I40kT N AN(1 EMPLOMPW LIA$9d11Y OFFL'SRIMPMFIERCXMIMED�ANv C11tIVE If ues, dnrAbe under Tha Carty of Hunt iAgton Beach, itra agents affidtrs and emtplts,,mee a. a dd-iti=a11F LAG! srEW with re9p0--_tm to the operatiaxi6 of the reed inSIXMd. x10 tIAya ITOtic+ of CasLaeLllkttOU- nM: CDIB% Oak Viar 1= aLt Vlw Lane, Xunt5,n9taa Peach, CA. 92641? City of FLtmt!slgton Beach P46k maageBln.t Division 2000 9rf31n St. xuatington, Beach CA 9264R OATp jIAMInDNYYry _SL1 x0 07 INFORMATION tTIFICATE EXTEND OR ICIE13 BELOW. NAIC 0 e PERIOD INDICATED, NOTWITHSTANOING S C@ATIFICATt MAY D8 ISSUEOOR D(CLUSIONSAND CONOtTIM OF SUCH LgAIT 9 E c1000000, MSum me F SO000. Wguoumme PAfiorsl $5000NARY $1000000. AiE S 3000000, PRODU=-COh1 *PAC-G $ Z0000DO, . 1000000. sINOLELIMR $ 1000000 f2Y $ (B olILI, UURY p 1pp5=o0pPle����Raa) � (PcrecAl�^iS�� AUM CaLY • EA AMOENT :I tlRIERTH4N EAACC a S kUTO ONLY; AGG EACH OCCURRBNCE S 5000000 AGGREGATA $ 500a000 S , Tt7Rv LI 8 E.L.6ACrIACGIOEIYf 6 E.L.Dl�ASE-LeA.ET�PLOYIzTi S EL,OISEAM-POLICY OMIT 4 :e maned as 17261 ca,k Lfi\114 kLM 1 IV" C:[ Tgppn 9iidULPANYbFTF1EAL9CVEDEBCRIBEpPOLICIQ¢eECANCELL909V09tE"FXPIR11TION DATF TfvEIIFOF, TwE IsaulNo INsuReRz wn,L IAII, 30 IaAYa vvflr7-rFJnl Px?TICE TO THE CERTIFICATE HOLDER NAMED TO THt LEFT, OUT ALL IMPOSE NO OBLIGATION OR LIAMILIT/ DF ANY FUND UPON THI; IN imm, tM AGEM OT; POLICY NUMBER: RIC0007664 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s) COUNTY OF ORANGE SOCIAL SERVICES AGENCY 888 N. MAIN STREET SANTA ANA CA 92701 CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES AND THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ATTN: RISK MANAGEMENT 2000 MAIN STREET HUNTINGTON BEACH CA 92648 CITY OF THOUSAND OAKS AND ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS THOUSAND OAKS REDEVELOPMENT AGENCY 1401 E. JANSS ROAD THOUSAND OAKS CA 91362 THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION 12400 WILSHIRE BLVD., 15TH FLOOR LOS ANGELES CA 90025 Information required to complete this Schedule, if not shown above, will be shown in the Declarations, J Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 01/26/2007 13:43 7145365212 U11 t:5/ <eV 1 15: 69 71451 71911 CITY HB RISK MOAT CB ANAHEIM PAGE 03/04 PAGE 03 IMPORTANT If the certMeWe holder Is an ADDITIONAL INSURED, the pollcy(i2&) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in fleu of such endorsement(s). If 8U13ROGAT7O'N IS WAIVED, sub*& to the terms and conditions of the policy, certain polioies may require an endorsement. A statement on this certifioate does not confer rights to the certificate holder In lieu of such endorsemerrt(s). DISCLAIMER The Oertlf7oate of Insurance on the reveme side of this form does not constituts a contract between the issuing insurer(s), authorized representative or producer, and the certtttaate hoidpr, nor does it affirmatively or negetivsly amend, emend or alter the coverage afforded by the policies listed thereon. L JKER COPY SC STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION RHINSURANCEU 1 V ` wr D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-20-2006 GROUP: POLICY NUMBER: 1592777-2006 CERTIFICATE ID: 239 CERTIFICATE EXPIRES: 07-01-2007 07-01-2006/07-01-2007 CITY OF HUNTINGTON BEACH SC ATTN: RISK MANAGEMENT 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This is to certify that vve have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or.alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. HORIZED 2ePRESENTAT4kJ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT N2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2001 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. _.� . APPRO &�`A. J � FORMJEINIF R McGRAT , City Attomey EMPLOYER CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA Sc 3910 OAKWOOD AVE LOS ANGELES CA 90004 [B10,SCj PRINTED . 07-20-2006 REV.2-051 RCA ROUTING SHEET INITIATING DEPARTMENT: Community Services Department SUBJECT: APPROVE LICENSE AGREEMENT WITH CHILDREN'S BUREAU FOR OPERATION OF OAK VIEW CENTER COUNCIL MEETING DATE: April 2, 2007 R "GA -,ATTACK ... US g Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Ap licable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attome) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached El Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached El Not Applicable ❑ Bonds (If applicable) ttt edNopucable A ❑ Staff Report (If applicable) Attached t A Noucable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ EXPL`' T� 3.A1, FOR MIS8I14, ; ATTACHMENT. REV1iNED RETl3FZE'D FO, R„ ` ARDED' Administrative Staff ( ) ( ) Deputy City Administrator Initial City Administrator Initial City Clerk ) RCA Author: CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 3, 2007 Children's Bureau of Southern California 50 South Anaheim Blvd., Ste. 241 Anaheim, CA 92805-2961 To Whom It May Concern: CALIFORNIA 92648 Enclosed for your records is a copy of the Non -Exclusive License Agreement Between the City of Huntington Beach and Children's Bureau of Southern California for Operation of the Oak View Center. Sincerely, JF:pe Enclosure: Agreement G:fo1Iowup:agrmtltr (Telephone: 714-536-5227 )