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HomeMy WebLinkAboutHuntington Beach Historical Society - 2016-05-16Dept ID CS 16-007 Page 1 of 2 Meeting Date 5/16/2016 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/16/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of a Memorandum of Understanding (MOU) between the City and the Huntington Beach Historical Society for the use, management, maintenance, operation, and improvement of the Newland House Statement of Issue City Staff, together with the Huntington Beach Historical Society, have been collaborating on the operation of the Newland House Museum for many years The current License Agreement was prepared in 1981 Although it has been effective for many years, it is now outdated and in need of replacement Staff has worked closely with the Huntington Beach Historical Society leadership to update the existing agreement and have prepared a Memorandum of Understanding (MOU) for the purpose of memorializing this ongoing collaborative effort between the two entities Financial Impact Not applicable Recommended Action Approve and authorize the Mayor and City Clerk to execute a new "Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Historical Society for the Use, Management, Maintenance, Operation, and Improvement of the Newland House " Alternative Action(s) Do not approve the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Historical Society and direct staff accordingly Analysis The Huntington Beach Historical Society has been operating the Newland House Museum, for more than 30 years and that relationship was formalized with a License Agreement prepared in 1981 Over the past several months, City Staff and Huntington Beach Historical Society officials have worked together to better define the roles of each party through the development of an updated MOU This new MOU gives a more detailed framework for the partnership, including the operation of the Newland House Museum and surrounding grounds, as well as defining the parameters for the occupation of the caretaker's residence e The main points of the MOU (Attachment 1) remain the same as the original license agreement New points to the MOU include a requirement for Department of Justice (DOJ) background checks for all Historical Society volunteers who have access to City property, as well as reference to the License Agreement between the City of Huntington Beach and the on -site resident caretaker living xB -83)- Item 6. - 1 Dept ID CS 16-007 Page 2 of 2 Meeting Date 5/16/2016 in the Newland Barn caretaker's apartment (Attachment 2) The MOU also defines new parameters for special event gazebo rentals and water tower lighting Under the conditions of this new MOU, the Huntington Beach Historical Society, a 501(c) (3) non- profit charitable organization, will act in concert with the City to support the operations of the Newland House Museum and provide oversight of the caretakers living in the city -owned residence above the Newland Barn In addition, the Huntington Beach Historical Society shall continue to provide financial support for the operation of the Museum as defined in the MOU Environmental Status Not applicable Strategic Plan Goal Improve quality of life Attachment(s) 1 "Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Historical Society for the Use, Management, Maintenance, Operation and Improvement of the Newland House" 2 License Agreement between the City of Huntington Beach and Resident Caretaker for the Newland Barn Apartment Item 6. - 2 HB -84- 1 j P.: � 4 may.' yes- � t'si .-''''1��:.�+t� r S ,�'`• � F MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH HISTORICAL SOCIETY FOR THE USE, MANAGEMENT, MAINTENANCE, OPERATION AND IMPROVEMENT OF THE NEWLAND HOUSE THIS MEMORANDUM OF UNDERSTANDING ('-MOLD") is made and entered into on M&I &�2 , 2016, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter referred to as "CITY"). and THE HUNTINGTON BEACH HISTORICAL SOCIETY, a nonprofit corporation (hereinafter referred to as "SOCIETY ") WHEREAS, CITY would like to continue its ongoing relationship with SOCIETY to operate the property located at Beach Boulevard and Adams, which is improved by the Newland House. hereinafter referred to as "NEWLAND HOUSE," as provided in this MOU, and CITY and SOCIETY mutually desire to enter into an MOU to set forth the parties respective use, maintenance, management, landscaping and operation of NEWLAND HOUSE, and CITY and SOCIETY recognize the significance of NEWLAND HOUSE and wish to provide for its preservation, enhancement, public display and educational use, NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained and intending to be legally bound, the parties covenant and agree as follows SECTION 1 TERM This MOU will become effective on the date it is approved by CITY and shall terminate five (5) years thereafter, except with respect to any obligations hereunder Much are to be performed thereafter Upon expiration of the five year term, the MOU 16-5135/133010 may be renewed with one additional five year term upon mutual written consent of CITY and SOCIETY This MOU may be terminated by either party with or without cause by providing 10 days written notice SECTION 2 OBLIGATIONS OF CITY SOCIETY expressly agrees and understands any obligations in this Section 2 are at the sole discretion and option of CITY to perform and only provided for reference in this MOU SOCIETY may not claim damages in law or equity to enforce any obligations of CITY described below A NEWLAND HOUSE Maintenance 1) Maintain the exterior of NEWLAND HOUSE structure 2) Provide exterior and interior pest exterminator services at approximate monthly intervals 3) Provide continued maintenance of the grounds except for the NEWLAND HOUSE garden area and gazebo which will be maintained by SOCIETY at SOCIETY's sole cost and expense 4) CITY will refurbish, paint, clean and maintain the outside water tower B Operations of NEWLAND HOUSE 1) CITY shall keep all revenue generated through the rental of the Newland Barn reception meeting room and any rental of the grounds 2) CITY shall pay for NEWLAND HOUSE maintenance as specifically provided herein, all other maintenance of NEWLAND HOUSE, its contents and grounds shall be the responsibility of 16-5135/133010 2 SOCIETY at its sole cost and expense CITY obligations regarding payments contemplated herein are contingent upon funds available and approved for use by City Council 3) SOCIETY Members and/or Volunteers or NEWLAND HOUSE Docents (collectively "SOCIETY Representatives") who have access to NEWLAND HOUSE and/or grounds must complete a City of Huntington Beach Volunteer Application, submit a set of fingerprints as required by California Education Code Section 10911 5 at their own expense and shall submit proof of fingerprinting to CITY The California Department of Justice performs a criminal background check and SOCIETY Representatives must pass background check and receive approval of CITY Human Resources Department prior to accessing NEWLAND HOUSE grounds 4) CITY will provide a location on City property for SOCIETY to place a container to store SOCIETY equipment and supplies SECTION 3 OBLIGATIONS OF SOCIETY The obligations of SOCIETY shall be as follows A NEWLAND HOUSE MAINTENANCE 1) SOCIETY will provide decorations and displays at NEWLAND HOUSE 2) SOCIETY will maintain the entire interior of NEWLAND HOUSE including window decorations in a clean and sanitary condition 16-5135/133010 3 3) SOCIETY will maintain the NEWLAND HOUSE gazebo and garden area 4) SOCIETY'will provide access to the NEWLAND HOUSE gazebo, water tower lighting and/or garden area for various rentals upon request from CITY 5) SOCIETY shall recommend preventive maintenance or non - emergency repairs to CITY. B CARETAKER 1) SOCIETY shall work with CITY to select a mutually agreed upon person who shall be designated as caretaker of NEWLAND HOUSE and its contents. The application process will be conducted by CITY and SOCIETY, and shall include an open recruitment, submittal of a written application for review by CITY, background check, including but not limited to, confirming contact information, references, and DOJ background check CITY shall be provided a copy of all application materials 2) SOCIETY will hold harmless CITY and provide insurance covering any activities or responsibilities to be carried out by Caretaker Said insurance and indemnification requirements provided by SOCIETY for Caretaker shall be the same as provided in Sections 5-9 herein 3) CITY will provide unfurnished living quarters on the second floor of the Newland Barn, located at 19822 Beach Boulevard, for the NEWLAND HOUSE Caretaker 16-5135/133010 4 4) Caretaker will be supervised by SOCIETY in all matters concerning NEWLAND HOUSE Caretaker shall not be an employee or agent of CITY As consideration for Caretaker services. SOCIETY may only collect costs from Caretaker for maintenance and ongoing care of the living quarters. CITY must pre -approve any such costs Responsibilities of Caretaker are set forth in Exhibit B (Attached hereto and incorporated by reference as though set forth in full herein ) 5) Caretaker may reside in NEWLAND HOUSE as provided in the license agreement between CITY and Caretaker This agreement shall not be longer than a month -to -month rental and in part shall require that SOCIETY and Caretaker indemnify and hold CITY harmless as provided in Sections 5-8 herein from anything related to this MOU or the month -to -month Caretaker Agreement C OPERATIONS OF NEWLAND HOUSE 1) SOCIETY will conduct tours of NEWLAND HOUSE and grounds no less than two times per month A Schedule of tours, events, activities including meetings, shall be provided to CITY in advance of each month CITY retains sole discretion to approve or modify this schedule 2) SOCIETY is responsible for the selection, supervision and compensation of NEWLAND HOUSE docents 3) SOCIETY may use the barn at no charge to conduct SOCIETY business meetings and other SOCIETY events only with prior 16-5135/133010 5 approval of CITY at CITY's sole discretion. All such use must be scheduled through CITY's Community Services Department 4) SOCIETY is responsible to schedule all NEWLAND HOUSE gazebo and water tower lighting usage The schedule of use must with CITY's Community Services Department at CITY'S sole discretion 5) SOCIETY, at its sole cost, will advertise and provide promotional activities for NEWLAND HOUSE 6) SOCIETY must utilize momes earned from rental activities (excluding barn reception room and rental of grounds) contemplated herein for enhancement of future programs, activities and for insurance and maintenance of NEWLAND HOUSE as provided by SOCIETY herein 7) SOCIETY shall maintain such books and records at NEWLAND HOUSE as may be required by CITY to assure that funds received from the operation of NEWLAND HOUSE are appropriated to the legitimate programs, aims and goals of SOCIETY All such books and records shall be available for audit by authorized representatives of CITY during normal business hours and at the sole expense of CITY Copies of all audited financial statements as required by a 501(c)(3) will be given to CITY staff annually SECTION 4 ACCESS TO CITY MARKS AND LOGOS SOCIETY shall have the right to use the official Huntington Beach City logo, surfboard logo, and CITY's "Surf City Huntington Beach" trademark with the prior 16-5135/133010 6 written approval of CITY's Director of Community Services before using any of these logos or trademark, which approval shall be at the sole discretion of the Director The surfboard logo is not the property of CITY SOCIETY will use neither logo for commercial purposes SECTION 5 HOLD HARMLESS SOCIETY shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) ansmg out of or in connection with performance of this MOU including any and all Caretaker activity or responsibility or Caretaker's failure to comply with any of its obligations contained in this MOU except such loss or damage which was caused by the sole negligence or willful misconduct of CITY SECTION 6 WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, COA acknowledges awareness of Section 3700 et seq of said Code, which requires every employer to be insured against liability for workers' compensation. SOCIETY covenants that it will comply with such provisions prior to commencing performance of the work hereunder SOCIETY shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250.000) bodily injury by disease. policy limit 16-5135/133010 7 SOCIETY shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees SOCIETY shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and SOCIETY shall similarly require all subcontractors to waive subrogation SECTION 7 GENERAL LIABILITY INSURANCE In addition the workers' compensation insurance and SOCIETY's covenant to indemnify CITY, SOCIETY shall obtain and furnish to CITY, a policy of general public liability insurance, including motor velucle coverage Said policy shall indemnify SOCIETY, its officers, agents, including Caretaker, and employees, while acting within the scope of their duties, against any and all claims ansing out of or in connection with this Agreement; 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 $1,000,000 per occurrence If coverage is provided under a form which includes a designated general aggregate limit. the aggregate limit must be no less than $1,000,000 Said policy shall name CITY, its officers, elected or appointed officials, employees, agents and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that SOCIETY's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties All coverage available to SOCIETY shall also be available to the Additionally Insured Parties 16-5135/133010 8 Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY, however an insurance policy "deductible" of $5,000.00 is permitted SOCIETY shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of SOCIETY by this Agreement SECTION 8 CERTIFICATES OF INSURANCE. ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this Agreement, SOCIETY shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement, these certificates shall (a) provide the name and policy number of each carrier and policy, (b) state that the policy is currently in force; and (c) promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of CITY SOCIETY shall maintain the foregoing insurance coverage 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 coverage shall not derogate from SOCIETY's defense, hold harmless and indemnification obligations as set forth in this Agreement CITY 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 SOCIETY shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required 16-5135/133010 9 SOCIETY shall provide a separate copy of the additional insured endorsement to each of SOCIETY's insurance policies, naming the Additionally Insured Parties as Additional Insureds, to the City Attorney for approval prior to any payment hereunder A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. SOCIETY shall require all subcontractors to name SOCIETY, its officers, employees and agents, and the Additionally Insured Parties as Additional Insureds on all subcontractor insurance policies using ISO form number CG 20 38 04 13 or coverage at least as broad SOCIETY shall verify that every subcontractor policy endorsement complies with the requirements set forth herein SECTION 9 SPECIAL INSURANCE COVERAGE A SOCIETY shall obtain and furnish during the entire term of this agreement property insurance coverage of NEWLAND HOUSE and all ancillary buildings excluding the contents therem, for any property and related damages including fire and structural damage in an amount specified by Risk Management B SOCIETY shall obtain and furnish during the entire term of this agreement insurance coverage on the contents of NEWLAND HOUSE SECTION 10 UTILITIES CITY shall be solely responsible for maintenance of any utility infrastructure and shall pay for all utilities, including gas, electricity and water, for NEWLAND HOUSE, all ancillary buildings in existence or as may be constructed and the caretaker's quarters 16-5135/133010 10 SECTION 11 FIXED IMPROVEMENTS All fixed improvements to NEWLAND HOUSE installed by SOCIETY shall become the property of CITY No fixed improvements shall be installed by SOCIETY without CITY's express consent, prior thereto SOCIETY shall comply with all City rules, regulations, ordinances and laws which may apply to fixed improvements SECTION 12 ASSIGNING AS BREACH Neither parry shall encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the other party A consent by a party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person Any encumbrance. assignment or transfer, without the prior written consent of the other party, whether it is voluntary, or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this MOU. SECTION 13 TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the parties and their successors and assigns The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment herembefore set forth SECTION 14 CONFLICT OF INTEREST SOCIETY shall employ no CITY official or any regular CITY employee in the work performed pursuant to this MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Code 16-5135/133010 11 SECTION 15 PHOTOGRAPHY CITY may grant permits to persons engaged in the production of still and motion pictures, television programs, advertising and related activities, to take photographs and/or motion pictures of SOCIETY activities However, consistent with good safety practices, CITY will endeavor to give 24-hour advance notification of such activities to SOCIETY In addition, if CITY receives compensation from such persons for such production, CITY will grant 50% of such compensation to SOCIETY for support of SOCIETY's activities as set forth under this MOU In the event of filming by SOCIETY, SOCIETY shall work with CITY to obtain all necessary permits SECTION 16 NONDISCLOSURES/PRESS RELEASES SOCIETY shall consult with CITY prior to issuing any press releases or otherwise making any public statements with respect to this MOU, the transactions contemplated herein, or matters ansing herefrom SECTION 17 CUMULATIVE REMEDIES The remedies given to the parties in this MOU shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU SECTION 18 WAIVER OF BREACH The waiver by CITY of any breach by SOCIETY of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by SOCIETY, either of the same or another provision of this MOU 16-5135/133010 12 SECTION 19 FORCE MAJEURE — UNAVOIDABLE DELAYS Should the performance of any act required by this MOU to be performed by either CITY or SOCIETY 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 will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused SECTION 20 NOTICE Any wntten notice, given under the terms of this MOU, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows CITY Director of Community Services City of Huntington Beach 2000 Main Street, P O Box 19C Huntington Beach, CA 92648 Phone (714) 536-5404 SOCIETY Huntington Beach Histoncal Society Newland House Museum 19820 Beach Boulevard Huntington Beach, CA 92646 Phone (714) _- If a party desires to change the address for notices set forth herein, said party shall provide 30 days advance written notice to the other party of any such change SECTION 21 ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this MOU or to secure the performance hereof. each party shall bear its own attorney's fees The prevailing party shall not be entitled to recover its attorney's fees from the non - prevailing party 16-5135/133010 13 SECTION 22 CONTROLLING LAW AND VENUE The rights and liabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County; California SECTION 23 SECTION TITLES The section titles in this MOU are inserted only as a matter of convenience and for reference, and in no way define, lmlit or describe the scope of intent of this MOU or in any way affect this MOU SECTION 24 TIME OF ESSENCE Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified including, but not limited to, the expiration of this MOU SECTION 25 SURVIVAL OF INDEMNITIES Termination of this MOU shall not affect the right of CITY to enforce any and all indemnities given or made by SOCIETY under this MOU, nor shall it affect any provision of this MOU that expressly states that the provision shall survive termination thereof SECTION 26 NONLIABILITY OF CITY OFFICIAL, EMPLOYEES OR AGENTS No elective or appointed CITY or CITY affiliated board, commission or member thereof, or officer, official, employee or agent of CITY shall be personally liable to SOCIETY, its successors and assigns, of any default or breach by CITY under this MOU l 6-5135/133010 14 or for any amount which may become due to SOCIETY, its successors and assigns, under this MOU or for any obligation of CITY under this MOU SECTION 27 MODIFICATIONS IN WRITING This MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by CITY and SOCIETY, or their successors in interest SECTION 28 PARTIAL INVALIDITY Should any provision of this MOU be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and their effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially unpaired SECTION 29. MOU IN COUNTERPARTS This MOU may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document SECTION 30 NO TITLE INTEREST No title interest of any kind is hereby given and SOCIETY shall never assert any claim or title to the NEWLAND HOUSE Museum or any other public property Use of the NEWLAND HOUSE Museum by SOCIETY is non-exclusive, and NEWLAND HOUSE shall at all times during its operating hours remain open for use by the public SECTION 31. ENTIRETY The foregoing sets forth the entire agreement between the parties 16-5135/133010 15 IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first above wntten HUNTINGTON BEACH HISTORICAL SOCIETY, an unincorporated assoc By - - Pnnt name Ph��� Title REVIEW A APPROVED i City Manager CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califorma Mayor ATTEST City Clerk in� -.-, J INITIATED AND APPROVED QJA o '�' D r ommunity Services 16-5135/133010 16 FIA LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE NEWLAND BARN APARTMENT This License Agreement (`Agreement") shall evidence the complete terms and conditions under which the parties whose signatures appear below have agreed The City of Huntington Beach shall be referred to as "City" and shall be referred to as "Caretaker As consideration for this Agreement, City agrees to license Caretaker and Caretaker agrees to license from Cif-. for use solely as a private residence, the premises known as the furnished living quarters on the second floor of the Newland Barn, located at 19822 Beach Boulevard, in the City of Huntington Beach (Hereinafter sometimes referred to as -Newland Barn") 1 SELECTION OF CARETAKER. Pursuant to a Memorandum of Understanding (MOU) with the City and the Huntington Beach Historical Society ("Society") the Newland Barn is operated bj the City and the Newland House is operated by the Society In addition, the City together with the Societ-, is in charge of selecting a Caretaker of the Newland House and its contents as further provided herein The application process for Caretaker will include an open recruitment. application process. background check conducted by the City, mcluding but not limited to, confirming contact information. references. and DOJ background check The City shall be provided a copy of all application materials generated by Society 2 SOCIETY SUPERVISION. The Caretaker will be the sole and exclusive responsibility of the Society in all matters concerning the Caretaker s residence at the Newland Barn and related premises The Caretaker shall not be an employee or agent of City The Society may not charge rent to the Caretaker but may collect costs from the Caretaker for maintenance items and, with prior written approval of the City, for ongoing care and maintenance of the premises 3 TERMS: In lieu of paying rent, the Caretaker agrees to act as "Caretaker" of the Newland House and related premises as set forth in Exhibit A, attached hereto and incorporated herein and hereinafter referred to as "Premises This Agreement shall commence on and continue month to month until either party terminates this Agreement by written notice to terminate, at least 30 days prior to the date of termination In the event Caretaker does not perform any of the duties set forth herein or commits a material breach of this Agreement, City may immediately enter and take possession of the Premises 4 SECURITY DEPOSITS: The total deposits in the amount of shall be paid by the Society to the City, shall secure compliance with the terms and conditions of this Agreement and shall be refunded io the Society within days after the Premises have been completely vacated, less any amount necessary to pay City cleanmg costs, key replacement costs, cost for repair of damages to Premises and/or common areas above ordinary wear and tear, and any other amount legally allowable under the terms of this Agreement A written accounting of said charges shall be presented to Society within days of moving out and vacating the Premises If deposits do not cover 1 16-5135/133013_3 HB -101- Item 6. - 19 such costs and damages. the Society- shall immediately pay said additional costs for damages to City 5 OCCUPANTS: All occupants of the Premises must be approved within this Agreement Guest(s) of the Caretaker staying at the Premises over two consecutive days per month. without the written consem of Clitxl. shall constitute a breach by the Caretaker of this Agreement ONLY the followmg individuals and/or animals. AND NO OTHERS, shall occupy the subject Premises for more than two consecutive per days per month. unless the expressed written consent of City obtained in advance 1 2 6 PETS: No animal_ fowl. fish, reptile. and/or pet of any kind shall be kept on or about the Premises. for any amount of time, without obtaining, the prior written consent and meeting the requirements of the City Such consent, if granted. shall be revocable at City s option upon giving a 30 day wntten notice In the event that laws are passed. or permission is granted, to permit a pet and/or animal. an additional deposit in the amount of $ shall be required, along with additional monthly rent of $ in addition to the signing of City's Pet Agreement Caretaker also agrees to carry insurance deemed appropriate by City to cover possible liability and damages that may be caused by such animals 7 LIQUID FILLED FURNISHINGS: No liquid filled furniture. including but not limited to waterbeds, and no receptacles contauung more than ten gallons of liquid are permitted in the Premises without prior written consent and meeting the requirements of the City Caretaker also agrees to carry renter's insurance as deemed appropnate by City to cover possible losses that may be caused 8 PARKING: When and if Caretaker is assigned a parking area/space on City's property. the parking area/space shall be used exclusively for parking of passenger automobiles and/or those approved vehicles listed on Caretaker's Application attached hereto Caretaker is hereby assigned or permitted to park only in the area or space described in Exhibit B. attached Said space shall not be used for the washing, painting, or repair of vehicles No other parking space shall be used by Caretaker or Caretaker's guest(s) Caretaker is responsible for oil leaks and other vehicle discharges for which Caretaker shall be charged for cleaning if deemed necessary by City 9 NOISE: Caretaker agrees not to cause or allow any noise or activity on the Premises that might disturb the peace and quiet of another resident and/or neighbor Said noise and/or activity shall be a breach of this Agreement Item 6. - 20 3/133013_3 2 HB -102- 10 DESTRUCTION OF PREMISES: If the Premises becomes totally or partially destroyed during the term of this Agreement so that Caretaker's use is seriously impaired. City or 1-1 Caretaker ma} terminate this Agreement immediately upon three day written notice 11 CONDITION OF PREMISES: Caretaker acknowledges that he or she has examined the Premises and that said Premises. all furnishings, fixtures- furniture, plumbing. heating, electrical facilities, all items listed on the attached property condition checklist, if any, and/or all other items provided by City- are all clean, and in good satisfactory condition except as may be indicated elsewhere in this Agreement Caretaker agrees to keep the Premises and all items in good order and condition and to immediately pay for costs to repair and/or replace any portion of the above damaged by Caretaker, his or her guests and/or invitees except as provided by law, At the termination of this Agreement, all of above items in this provision shall be returned to City in clean and condition except for reasonable wear and tear and the Premises shall be free of all personal property and trash not belonging to City It is agreed that all dirt. holes tears, burns, and stains of any size or amount in the carpets, drapes, walls, fixtures and/or any other part of the Premises, do not constitute reasonable wear and tear 12 ALTERATIONS: Caretaker shall not paint, wallpaper_ alter or redecorate. change or install locks. install antenna or other equipment screws, fastening devices. large nails. or adhesive materials. place signs, displays, or other exhibits, on or in anv portion of the Premises without the written consent of the City- except as may be provided by law 13 PROPERTY MAINTENANCE: In addition to the Caretaker responsibilities. Caretaker shall deposit all garbage and waste in a clean and sanitary manner into the proper receptacles and shall cooperate in keeping the garbage area neat and clean Caretaker shall be responsible for disposing of items of such size and nature as are not normally acceptable by the garbage hauler. Caretaker shall be responsible for keeping the kitchen and bathroom drains free of things that may tend to cause clogging of the drains Caretaker shall pay for the cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the expense or damage caused by stopping of waste pipes or overflow from bathtubs, wash basins, or sinks 14 HOUSE RULES: Caretaker shall comply with any house rules created by the City and stated on a separate addendum, but which are deemed part of this Agreement, and a violation of any of the house rules is considered a breach of this Agreement. 15 CHANGE OF TERMS: The terms and conditions of this Agreement are subject to future change by City upon 30-day written notice Any changes are subject to laws in existence at the time of the notice 16 TERMINATION: This Agreement is automatically renewed from month to month. but may be terminated by either party giving to the other a 30-day written notice Where laws require "just cause", such just cause shall be so stated on said notice. The Premises shall be considered vacated only after all areas including storage areas are clear of all Caretaker's belongings, and keys and other property furnished for Caretaker's use are returned to City Should the Caretaker hold over beyond the termination date or fail to vacate all possessions on or 16-5135/133013 3 HB -103- Item 6. - 21 before the termination date; Caretaker shall be liable for additional rent and damages. which ma) include damages due to City's loss of prospective new Licensees 17 POSSESSION: If City is unable to deliver possession of the Premises to Caretaker(s) on the agreed date. because of the loss or destruction of the Premises or because of the failure of the prior residents to vacate or for an}- other reason. the Caretaker and/or City may immediately cancel and terminate this Agreement upon written notice to the other at their last known address, whereupon neither party shall have liability to the other, and any sums paid under this Agreement shall be refunded in full If neither party cancels, this Agreement shall be prorated and begin on the date of actual possession 18 INSURANCE: Caretaker acknowledges that City's insurance does not cover personal property damage caused by fire. theft rain, war. acts of God, acts of others, and/or any other causes. nor shall City be held liable for such losses Caretaker is hereby required to obtain his or her own renters insurance policy. or any other applicable insurance. to cover any personal losses In addition. pursuant to a separately executed Memorandum of Understanding (MOU) Society shall obtain and furnish to City, a policy of general public liability insurance including motor vehicle coverage Said policy shall indemnify City, its elected officials. its officers, agents. including Caretaker, and employees, while acting withm the scope of their duties. against any and all claims ansmg out of or in connection with this Agreement In addition the MOU shall provide that the Society shall protect, defend. mdemmfy and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage. expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with any and all Caretaker activity or responsibility or Caretaker's failure to comply with any of its obligations contained in this Agreement except such loss or damage which was caused by the sole negligence or willful misconduct of City 19 RIGHT OF ENTRY AND INSPECTION: City may enter, inspect, and/or repair the Premises at any time in case of emergency or suspected abandonment City shall 'give 24 hours advance notice. which may be done telephonically, and may enter for the purpose of showing the Premises during normal business hours to prospective renters, buyers, lenders, for smoke alarm inspections, and/or for normal inspections and repairs City is permitted to make all alterations, repairs and maintenance that in City's judgment is necessary to perform 20 ASSIGNMENT: Caretaker shall not transfer, assign or sublet, the Premises or any part thereof. at any time 21 PARTIAL INVALIDITY: Nothing contained in this Agreement shall be construed as waiving any of the City's or Caretaker's rights under the law If any part of this Agreement shall be in conflict with any State or Federal law, that part in violation shall be void to the extent that it is in conflict, but shall not invalidate this Agreement, nor shall it affect the validity or enforceability of any other provision of this Agreement 4 Item 6. - 22 5/133013_3 HB -104- 22 NO WAIVER: City's acceptance of rent with knowledge of any default by Caretaker or waiver by City of any breach of any term of this Agreement shall not constitute a waiver of subsequent breaches Failure by the City to require compliance or to exercise any right shall not be constituted as a waiver by City of said term, condition; and/or right, and shall not affect the validity or enforceability of any provision of this Agreement 23 ATTORNEY FEES: If any legal action or proceedings be brought by either party of this Agreement, the prevailing party shall not be reimbursed for all reasonable attorney s fees and costs m addition to other damages awarded 24 JOINTLY AND SEVERALLY: The undersigned Caretaker(s) are Jointly and severally responsible and liable for all obligations under this Agreement 25 REPORT TO CREDIT/TENANT AGENCIES: You are hereby notified that a nonpayment, late payment or breach of any of the terms of this Agreement may be submitted/reported to a credit and/or tenant reporting agency, and may create a negative credit record on your credit report 26 LEAD NOTIFICATION REQUIREMENT: For Premises built before 1978. Caretaker acknowledges receipt of the followmg (Please check) Lead Based Paint Disclosure Form_ EPA Pamphlet 27 NOTICES: All notices to Caretaker shall be served at Caretaker's Premises and all notices to City shall be served at City of Huntington Beach, Attn Director of Community Services. 2000 Main Street, Huntington Beach, CA 92648 28 INVENTORY: The Premises contain the items listed in Exhibit "C', belonging to the Historical Society that the Caretaker may use 29 KEYS AND ADDENDUMS: Caretaker acknowledges receipt of the following which shall be deemed part of this Agreement (Please check) Keys #of keys and purposes House Rules — Pet Agreement Other 30 ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between City and Caretaker No oral agreements have been entered into, and all modifications or notices shall be in writing to be valid 16-5135/133013 3 9 HB -105- Item 6. - 23 � 1 RECEIPT OF AGREEMENT: The undersign�;-.d Caretaker(s) have read and l- un,derstand t1usAgreemer'l and hereby acknowledge receipt, of copy of this Agreement C.A,RETAKER(S) CITY CITY OF H-LN�TINGTON BEACH. a mumcipal coypo-ralion of the State of Califorma print name Date Dt6eM-r of Community Services APPROVED AS TO FOR1\4 print name Date Cut-, Attm-neN 10110 Date. Item 6. - 24 5/1330133 6 1413 -106- City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk May 24, 2016 Huntington Beach Historical Society Newland House Museum 19820 Beach Blvd Huntington Beach, CA 92646 To Whom It May Concern Enclosed for your records is a copy of the "Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Historical Society for the Use, Management, Maintenance, Operation and Improvement of the Newland House " Sincerely, Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Cities Anjo, Japan ♦ Wartakere, New Zealand