HomeMy WebLinkAboutVISTA BEACH & SLATER CENTRE - 1995-11-06•
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Council/Agency Meeting Held: /1-6 — !�?C
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
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Council Meeting Date: November 6, 1995
Department ID Number: PD 95-022
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL
SUBMITTED BY: MICHAEL T. UBERUAGA, CITY ADMINISTRAT,
PREPARED BY: RONALD E. LOWENBERG, CHIEF OF POLICE
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Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Envir nmental Status, Attachment(s)
Statement of Issue: This is a request for council action on a license agreement by and
between the City of Huntington Beach and the Vista Beach & Slater Centre, a general
partnership for use of real property as a police substation for the Oak View area.
Fundinq Source: The funding source is through a Community Development Block Grant
(CABG), already approved, in the sum of thirty thousand dollars ($30,000.00).
Recommended Action: Approve the license agreement (lease) by and between the City of
Huntington Beach and Vista Beach & Slater Centre, a general partnership, for the use of
real property as a police substation.
Alternative Action(s): Do not approve the license agreement by and between the City of
Huntington Beach and Vista Beach & Slater Centre, a general partnership.
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• REQUEST FOR ACTION •
MEETING DATE: November 6, 1995 DEPARTMENT ID NUMBER: PD 95-122
Analysis: The Huntington Beach Police Department has recently acquired a new location
for the placement of a police substation to serve the Oak View area. The licensed area is a
1250 square foot storefront located in a strip mall on the northwest corner of Beach
Boulevard and Slater Avenue (17411 Beach Boulevard).
It is being moved to this location as a primary police service substation because it is more
accessible to a large segment of the Oak View residents, businesses, and the surrounding
community.
The four police officers assigned to the Oak View area would work out of this new
substation, in addition to the, officer assigned as the Community Liaison Officer for the North
Area Command.
The current Oak View substation would provide office space for the officers assigned to the
School Resource Unit.
Environmental Status: Exempt from CEQA.
Attachment(s):
License Agreement
RCA95122.DOC -2- 10/09/95 11:21 AM
LICENSE AGREEMENT BETWEEN THE CITY
OF HUNTINGTON BEACH AND VISTA BEACH & SLATER
CENTRE, A GENERAL PARTNERSHIP FOR USE OF
REAL PROPERTY AS A POLICE SUBSTATION
TABLE OF CONTENTS
Page No.
1.
GRANT OF LICENSE
1
2.
LOCATION
2
3.
PLANS AND SPECIFICATIONS
2
4.
MECHANICS' LIEN
2
5.
ASSIGNMENT
3
6.
TERM
3
7.
FEE
3
8.
APPLICABLE LAWS
4
9.
UTILITIES
4
10.
INSURANCE
4
11.
INDEMNIFICATION HOLD HARMLESS
4
12.
RULES AND REGULATIONS
5
13.
DEFAULT
5
14.
TERMINATION
6
15.
SUITABILITY OF LICENSE AREA
6
16.
NOTICES
6
17.
CAPTIONS & TERMS
6
19.
ATTORNEY FEES
7
20.
ENTIRETY
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LICENSE AGREEMENT BETWEEN THE CITY
OF HUNTINGTON BEACH AND VISTA BEACH & SLATER
CENTRE, A GENERAL PARTNERSHIP FOR USE OF
REAL PROPERTY AS A POLICE SUBSTATION
This License Agreement ("Agreement") is made as of this day of
1995, by and between VISTA BEACH & SLATER CENTRE, a
California General Partnership, ("LICENSOR") and CITY OF HUNTINGTON BEACH ("CITY')
WHEREAS, LICENSOR is the owner of certain real property commonly known as
VISTA BEACH & SLATER CENTRE, a general partnership, in Huntington Beach, California
(the "Property"); and
CITY desires to obtain a license to perform certain acts upon the Property,
NOW, THEREFORE, in consideration of the mutual agreements herein contained, the
parties hereby agree as follows:
GRANT OF LICENSE
Subject to terms and conditions hereinafter set forth, CITY shall have a non-
exclusive, revocable license (the "License") to use that certain portion of the Property defined
in Paragraph 2 hereof as the "License Area," for the following purposes
non -retail use as a police department service station, including 1) office premises for
the Huntington Beach North Area Commander; 2) a reception area for greeting the
public and displaying and distributing public relations literature and information; 3)
space for police report preparation and 4) booking areas, and for no other purpose.
CITY agrees to maintain and keep the Licensed Area in good condition and
repair, free and clear of litter and debris and free from any objectionable noises, odors or
nuisances and to comply with all health and police regulations, in all respects at all times.
CITY further agrees to dispose of litter and debris only in receptacles designated by
LICENSOR. No other portion of the Property may be used by CITY except for the Common
Area (as hereinafter defined) in common with other persons. As used herein, the term
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"Common Area" shall mean all realty and improvements in or on the Property now or hereafter
made available by LICENSOR for the general use, convenience and benefit of CITY and other
tenants and/or licensees upon the Property. In no event shall CITY display, sell merchandise,
allow carts, portable signs, devices or any other objects to be stored or to remain outside the
exterior walls and permanent doorways of the Licensed Area or in any way solicit in any
manner in any of the automobile parking or other Common Areas of the Property.
During the term of this License, CITY agrees to maintain the heat pump in good and
satisfactory condition at its own cost and expense. Maintenance shall include but not be
limited to repair, replacement and/or adjustment as necessary.
CITY shall, at its own cost and expense, repair and replace any glass in the front
window on the Licensed Area that becomes broken regardless of cause, including window
glass that is broken by fire, by act of God, except by fault of LICENSOR, or by fault of some
employee or agent of LICENSOR.
2. LOCATION
The Licensed Area shall be at 17411 Beach Boulevard, an office building within
a strip shopping mall located on the northwest corner of Beach Boulevard and Slater Avenue.
3. PLANS AND SPECIFICATIONS
CITY shall perform at CITY's sole cost and expense any and all refurbishing,
including installation of appropriate signage, to the Licensed Area as necessary to bring the
Licensed Area into operating condition.
No changes, modifications nor alterations may be made by CITY to this Licensed Area
without the prior written consent of LICENSOR.
Upon the expiration or earlier termination of the License, CITY shall quit and surrender
the Licensed Area with all improvements thereon such as carpeting and attached fixtures.
4. MECHANICS' LIEN
CITY agrees not to suffer any mechanics' lien to be filed against the Licensed
Area by reason of any work, labor, services or material performed at or furnished to the
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Licensed Area, to LICENSOR or to anyone holding the Licensed Area through or under the
Agreement. Nothing in this agreement shall be construed as a consent on the part of the
LICENSOR to subject the CITY's estate in the Licensed Area to any mechanics' liens or liability
under the mechanics' lien laws of the State of California.
5. ASSIGNMENT
The License herein granted is personal to CITY and is non -assignable. Any
attempt to assign the license automatically terminates the license. Other than the license
granted hereunder, CITY hereby expressly waives any claim to or interest or estate of any kind
or extent whatsoever in the Property arising out of the License or out of CITY's use or
occupancy of the Licensed Area, whether now existing or arising at any future time.
6. TERM
Pursuant hereto, CITY shall have the right to enter onto the Property on the
date (the "Commencement Date") on which LICENSOR delivers possession of the Licensed
Area to CITY. Unless sooner terminated as provided herein, the License shall expire on the
twentieth anniversary of the Commencement Date. CITY shall operate and conduct within the
Licensed Areas the Police Substation which it is permitted to operate under the provisions
hereof. Said substation shall be open, as needed, on all days that Vista Beach & Slater
Centre is open for business to the public as determined in CITY's sole discretion. LICENSOR
and CITY shall each have the right to terminate this Agreement at any time upon ninety (90)
days prior written notice delivered to the other party.
7. FEE
In consideration of the License herein granted, CITY agrees to pay to
LICENSOR a License fee of One Dollar ($1.00) per year payable in advance on the first day of
the term hereof, and on each anniversary date thereafter during the term of this License. Said
License fee shall be paid to LICENSOR by CITY at 17411 Beach Boulevard, Huntington
Beach, CA 92646.
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8. APPLICABLE LAW
CITY shall, at its sole cost and expense, faithfully observe in the use and
occupation of the Licensed Area all municipal ordinances, and all state and federal statutes
now in force and which may hereafter be in force, and shall fully comply, at its sole expense,
with all regulations, orders, and other requirements issued or made pursuant to any such
ordinances and statutes. All building permits, business licenses and other applicable permits
and licenses shall be secured and paid for by CITY.
9. UTILITIES
CITY shall bear the expense of electricity and any other utility necessary to the
operation of the License Area pursuant to this License. CITY shall be solely responsible for
using such utilities in a safe and hazardless manner, complying in all respects with applicable
codes and ordinances.
10. INSURANCE
CITY is a self -insured public entity of the State of California. CITY shall provide
to LICENSOR a document evidencing its self -insured status.
11. INDEMNIFICATION AND HOLD HARMLESS
It is mutually understood and agreed:
A) That neither LICENSOR nor any officers or employees thereof shall be
responsible for any damage or liability occurring by reason of anything done or omitted to be
done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY
under this Agreement. It is also understood and agreed that, pursuant to Government Code
§895.4, CITY shall fully indemnify and hold LICENSOR harmless from any liability imposed for
injury (as defined by Government Code §810.8) occurring by reason of anything done or
omitted to be done by CITY under or in connection with any work, authority or jurisdiction
delegated to CITY under this Agreement.
B) That neither CITY nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or omitted to be
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•
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done by LICENSOR under or in connection with any work, authority or jurisdiction delegated to
LICENSOR under this Agreement. It is also understood and agreed that, pursuant to
Government Code §895.4, LICENSOR shall fully indemnify and hold CITY harmless from any
liability imposed for injury (as defined by Government Code §810.8), occurring by reason of
anything done or omitted to be done by LICENSOR under or in connection with any work,
authority or jurisdiction delegated to LICENSOR under this Agreement.
C) It is mutually understood between CITY and LICENSOR, that by
establishing a police substation at said location, CITY is not providing any additional police
services, or Special Relationship on behalf of LICENSOR from that which is generally provided
to the general public.
12. RULES AND REGULATIONS
CITY agrees to obey and observe (and cause its officers, employees,
contractors, licensees, invitees and all others doing business with CITY to obey and observe)
all rules and regulations of general applicability regarding the Licensed Area as may be
established by LICENSOR at anytime and from time to time during the term of this Agreement.
13. DEFAULT
In the event
1) of any failure by CITY to pay any sums due hereunder; or
2) of any failure by CITY to perform any other of the terms, conditions, or
covenants or this Agreement to be observed or performed by CITY; or
3) if CITY shall abandon the Licensed Area; then LICENSOR, in addition to
any other rights or remedies it may have at law or in equity, shall have the immediate right to
unilaterally terminate this Agreement and, after given ten (10) days prior written notice to CITY,
to remove all property from the Licensed Area and such property may be removed and
returned to the main building of the Huntington Beach Police Department at the cost of and for
the account of CITY, all without being deemed guilty of trespass, or becoming liable for any
loss or damage which may be occasioned thereby.
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14. TERMINATION
Upon the expiration or earlier termination of this License Agreement for any
reason whatsoever, CITY shall promptly remove its personal property from the License Area.
15. SUITABILITY OF LICENSED AREA
CITY's acceptance of delivery of the License Area shall constitute acceptance
of the License Area in an "as is" condition and LICENSOR expressly disclaims any warranty or
representation with regard to the condition, safety, security, or suitability of the License Area.
It is understood by CITY that LICENSOR does not provide security protection for CITY's
personal property.
16. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to LICENSOR (as designated herein), or
its successors and assigns, or to CITY as the situation shall warrant, or by enclosing the same
in a sealed envelope, postage prepaid, and depositing the same in the United States Postal
Service, addressed as follows:
TO LICENSOR:
Rudi Van Mil
c/o Vista Beach & Slater Centre
17473 Beach Boulevard
Huntington Beach, CA 92647
17. CAPTIONS AND TERMS
TO CITY:
Police Chief
Huntington Beach Police Department
2000 Main Street
Huntington Beach, CA 92648
The captions and section numbers appearing in this Agreement are for
convenience only and are not a part of the Agreement and do not in any way limit, amplify,
define, construe or describe the scope of intent of the terms and provisions of this Agreement,
or in any way affect this Agreement.
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18. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
19. ENTIRETY
The foregoing, and the attachments hereto, set forth the entire Agreement
between the parties. Any oral representations or modifications concerning this instrument shall
be of no force and effect, excepting a subsequent modification in writing signed by the party to
be charged.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
VISTA BEACH & SLATER CE TRE, a general CITY OF HUNTINGTON BEACH, a municipal
partnership, %% corporation of the State of California
Rudi Van M/General Partner
ATTEST-
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Mayor
APPROVED AS TO F RM:
City Attorney
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